HomeMy WebLinkAbout2002-11-25 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 25, 2002
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, November 25,2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, CommissiQner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the
Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18. 2000. and Mav 13. October 2. November 12. November 18 and November 22.
2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of
the meetings of May 13 and November 18, 2002, be approved as submitted. 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 October 2,
November 12 and November 22, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1583 - establishina an initial municipal zonina designation of "R-3".
Residential-Medium-densitv. on 11.7859 acres described as lots 2A. 3Aand 4.
Block 1. Walker Property Subdivision (alono north side of Campbell Road.
alona both sides of Kean Drive): finallv adopt
ORDINANCE NO. 1583
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE A ZONING
DESIGNATION OF "R-3" (RESIDENTIAl- MEDIUM-DENSITY DISTRICT) ON lOTS 2A,
3A, and 4, BLOCK 1, WALKER PROPERTY SUBDIVISION.
Application for Beer and Wine License for Calendar Year 2002 - lucky Dog Saloon.
1104 East Main Street
Authorize City Manaaer to sian - Acceptance of Public Drainaae Easement across lot
11. Graf's 2nd Subdivision - Eileen Torgerson for 711 O'Connell Drive
Acknowledae receipt of petition for annexation of 4.04 acres described as lots 3. 4.
11 and 12. Gordon Mandeville State School Section Subdivision - Murdoch
Familv Limited Partnership for John Dorn. Mark Doualas Dorn and lisa Ann
Dorn: refer to staff
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Award bid ~ one new 2003 4-vard front end loader for Landfill on three-year lease -
Tractor and EauiDment ComDanv. Billings. Montana. in the annual lease amount
of $41.465.00 plus the annualized cost of oDtional auto reversina fan
Award bid - one new 2003 60,000 pound GVWR truck with side load refuse Dacker -
Schedule I to Rockv Mountain Truck Center. Belarade. Montana. in the bid
amount of $95.624.06: and Schedule II to Solid Waste Systems. SDokane.
Washinaton. in the bid amount of $59.775.00 plus optional cameras and monitor
in the bid amount of $2.795.00. for a total of $158.194.06
Reiect all bids for 2002 or 2003 model skid-steer for Street Division
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, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Executive session re litiaation strateav
City Manager Johnson announced that this session has been rescheduled for next week.
Work session with County Commission and task force re solid waste issues
City Manager Johnson suggested that the Commission prepare for its work session with the County
Commission and the Gallatin County Solid Waste Management District Formation Advisory Committee.
Administrative Services Director Miral Gamradt distributed a list of points the Commission may wish
to consider in its discussion with the County Commission and committee members. He indicated that a review
of the County's audited financial statements reveals that they have an outstanding liability of approximately $1.5
million relating to closure and monitoring ofthe Logan landfill under Subtitle D regulations. He cautioned that
satisfying this liability through increased rates results in future users bearing those costs; and that liability
should be cleared before proceeding any further.
The Administrative Services Director acknowledged that higher volumes and steady volumes allow
for more efficiency, and having Belgrade and Bozeman join a solid waste district would help with that efficiency.
He suggested, however, that rather than becoming a part of the solid waste district, the City could consider
multi-year contracts or interlocal agreements to accomplish the same thing while maintaining more flexibility
than allowed within the district. He cautioned that once the district is created, the County Commission has
ultimate control; and it would be extremely difficult to get out of the district.
Mr. Joe Mennicucci, City Manager in Belgrade, suggested that the option of an interlocal agreement
is one that all parties should consider. He noted that a solid waste district could be created with or without
Bozeman and Belgrade, with either or both communities then entering into an agreement to provide a certain
amount of trash to the Logan landfill. He then stated it is important for either the County or the City of Bozeman
to acquire additional land for a landfill, particularly in light ofthe difficulties that would probably be encountered
should the governmental entities do so in twenty years. He recognized that Bozeman is the key player
because of the volumes it can provide.
The Administrative Services Director then stated that he worked with a small sub-committee of the
advisory committee to develop projections for the landfill and, as a result of those projections, they arrived at
a fee of $19 per ton for disposal in the Logan landfill. He noted that rate compares with $34 per ton at the City's
landfill and stressed that a portion of that difference is due to the fact that the City chose to increase its rates
to cover the post-closure and monitoring costs resulting from the Subtitle D regulations, and those costs are
now fully funded.
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Mayor Kirchhoff asked for an indication of Commissioners' preferences on joining the district or
entering into an interlocal agreement; the Commissioners voiced their preference for an interlocal agreement
at this time.
After the County Commissioners arrived, but prior to beginning the formal work session regarding solid
waste issues, Commissioner Youngman suggested the County Commissioners and the City of Belgrade may
wish to join the City of Bozeman in sponsoring a legislative meeting with a wide variety of community groups
in an effort to identify issues connected to the local economy upon which all groups could agree. She
suggested that the meeting be held on December 12, or possibly December 11, from 5:30 p.m. to 9:30 p.m.
County Commissioners Bill Murdock and John Vincent voiced support for the proposal; and Belgrade
City Manager Mennicucci indicated his interest and noted he would forward the proposal to his City Council.
Commissioner Youngman stated that she and City Manager Johnson will meet on Wednesday morning
to organize the meeting.
In addition to the City Commissioners, the following were present for the formal work session, which
began at 3:30 p.m.:
County Commissioners: Bill Murdock and John Vincent
County staff: Grants Administrator Larry Watson, Deputy County Attorney Chris Gray, Fiscal Officer
Ed Blackman
Members of the Gallatin County Solid Waste Management District Formation Advisory Committee:
Rodger Clingman, Dean Ulrich, Joe Mennicucci, Phil Olson, Dave Pruitt, Ray Noble, Greg Underhill
City staff: City Manager Clark Johnson, Administrative Services Director Miral Gamradt, Project
Engineer Karen Finke, Staff Attorney Patricia Day-Moore, Acting Sanitation Superintendent Mark Kottwitz
Mayor Kirchhoff opened the work session discussion by noting the City Commissioners have informally
discussed the issue of handling solid waste in the future and have indicated general support for entering into
a multi-year interlocal agreement, based on either time or tonnage, rather than joining a solid waste
district.
County Commission Chair Bill Murdock forwarded the County's position that, in the long run,
membership and participation by all entities within Gallatin County, except West Yellowstone, would be in the
public interest for a number of reasons, including economy of scale. He then asked that all reservations about
being included in the district be laid on the table to determine if there are any deal breakers.
Mayor Kirchhoff began the list, which includes (1) the $1.5 million outstanding liabilityfor closure of the
Logan landfill and how that liability is to be funded, (2) the interest in maximizing efficiency with a predictable
stream of waste balanced with the City's desire to retain the greatest amount of flexibility possible, and
(3) concern that the ultimate authority for the district lies with the County Commission.
Commissioner Brown stated that the City has a good solid waste system in place with experienced
employees, and he is concerned about losing control and being locked into an unknown system. He sees no
real advantages to the City in joining the district.
Commissioner Hietala cited lack of control as the biggest problem, and he would feel better if the City
had the same level of control.
County Commissioner John Vincent asked if the City would be willing to participate in a joint effort to
get legislation adopted that would allow the solid waste board to set the rates and have final authority, with all
of the cities involved having representation on that board.
The Commissioners indicated agreement with that proposal. Commissioner Brown also stated he
feels that the City of Bozeman having two votes on a board of nine is not acceptable and proposed that the City
have five representatives.
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County Commissioner Vincent acknowledged the make-up of the board is a legitimate concern;
however, the proposal to allow Bozeman five representatives on a nine-member board unbalances it in favor
ofthe City of Bozeman, making it difficult to get support from the County and the other municipalities involved.
He also stressed that legislative changes addressing the issue of control are needed before these options can
be legitimately considered.
Commissioner Cetraro questioned why an interlocal agreement that provides maximum flexibility can't
work. County Commissioner Murdock responded that, under an interlocal agreement, there is no guarantee
that the anticipated waste stream will be provided over an extended period of time and, as a result, he indicated
a premium would probably be charged under an interlocal agreement.
Commissioner Brown expressed his concerns about the proposed higher fee under an interlocal
agreement, stating it feels like a premium to cover the existing unfunded liability. He then noted that the group
supplying the most garbage should not be paying the highest rate.
County Fiscal Officer Ed Blackman stated that, based on figures from the City's landfill and the Logan
landfill, Bozeman provides one-third of the estimated gO, ODD-ton annual waste stream, with the other
municipalities and the county providing the remaining two-thirds. He also noted that Gallatin County has an
estimated 70,000 population, with Bozeman having approximately 30,000 residents.
City Manager Johnson recognized the difficulties in judging how fast a cell will fill when the waste
stream is not predictable. He then questioned if an interlocal agreement with a financial guarantee in the
amount of tonnage or a "put or pay contract" would be acceptable to the County. County Commissioner Bill
Murdock stated that could help to alleviate some of the County's concerns.
County Commissioner Murdock then asked how the City would respond if, at the end of the term of
the interlocal agreement, the board determined they did not want Bozeman's garbage or if Bozeman
determined the cost was too high. The City Manager indicated that the City would seek different alternatives,
possibly including hauling or sending the garbage by rail to another landfill, or participating in an incinerating
or composting program.
County Commissioner Murdock stressed that, if the City were part of the management structure for
the solid waste district, it could have better options available.
Commissioner Youngman noted that, for years, some ofthe Commissioners have been interested in
an all garbage composting facility; and the City has been committed to recycling efforts and encouraged a
reduction in the solid waste stream through a volume-based rate structure. She voiced her support for a cell-
based contract at the present time.
Mr. Phil Olson noted that the solid waste composting facility at West Yellowstone has been developed
as a pilot plant to determine if composting is a viable option in the cold climate. He stated that, ifthat plant is
successful, the next step will be to construct a large plant in the core of the county. He then stated the board
for the solid waste district must be committed to handling solid waste in the most economical manner possible.
County Grants Administrator Larry Watson stated that the pilot facility cost $4.2 million and estimated
that a larger facility would cost three times that amount. He noted that Bozeman's garbage would be key to
that facility; and that is a large portion of the reason the County has been concerned about siting of the transfer
station. Also, he indicated that financing ofthe facility could be a concern when the costs are to be spread over
twenty years and interlocal agreements to ensure adequate waste stream and revenues are for three to five
years.
Mr. Dave Pruitt noted that, based on the discussion, it is apparent that Bozeman does not want to join,
and Belgrade is questionable. He stated that, if those two communities choose not to join, the County can still
create a solid waste district that is smaller than originally planned. He noted that the County previously had
a small solid waste district that was dissolved when the scales were installed and the tipping fees were
implemented. He then stated that the landfill must be operated under Subtitle D regulations, noting that
provides a level of assurance about the operation.
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County Commissioner Vincent stated that a unified district for the countywould be preferable. He then
voiced his discomfort with the idea of a long-term commitment through contracts since negotiations and setting
of rates would essentially be in the hands of two County Commissioners.
Responding to Mayor Kirchhoff, Mr. Dean Ulrich stated that he was involved in solid waste districts in
Michigan, from the side of operating the landfill. He noted that they did have some contracts and, on that basis,
they knew the volumes that would be landfilled, which helped them with planning. He stressed that, just
because a contract is for five years, it does not mean the waste stream will stop at the end of the contract; and
to renegotiate a contract at the end of four years helps to ensure that the consistency remains.
City Manager Johnson suggested that the City of Bozeman consider purchasing and operating the
landfill at Logan, as an alternative to the proposed district.
County Commissioner Murdock acknowledged the City's concerns about control; however, he stated
that by joining the district, the City would have more control over how it operates than if it were to simply enter
into an interlocal agreement.
Mr. Ray Noble noted that the committee discussed the uncertainty that an "opt out" provision in a
contract would create and suggested that may be a reason for a premium charge.
Mayor Kirchhoff suggested that if the district is interested in having Bozeman join, it seems that efforts
would be made to attract the City rather than charging a premium rate. He then reiterated his interest in
retaining maximum flexibility.
Commissioner Youngman noted it is in everyone's best interests to have a guaranteed solid waste
stream upon which to base the landfill operations, whether through a district or interlocal agreement. She then
stated that the conversation has revealed there are many shared ideas and desires, although there are some
differences.
Responding to County Commissioner Vincent, a majority of the Commissioners indicated that the
proposed legislative changes would make joining the district a little more interesting.
Responding to Mr. Pruitt, Administrative Services Director Gamradt stated that the City has set aside
$2.2 million toward closure of its landfill and, at the present time, it is anticipated that will cover the costs of
post-closure monitoring for thirty years.
Responding to County Commissioner Murdock, Mayor Kirchhoff stated that not requiring the City to
pay the unfunded liability, a board composition that includes four Bozeman representatives, and increased
board authority would make the idea of joining a solid waste district more intriguing. He noted, however, before
deciding to participate in the district, he would like to see a business plan that includes projected revenues and
expenditures, a hiring plan, and anticipated staffing levels.
Commissioner Hietala suggested that Bozeman's hesitance to join the solid waste district could
possibly be used as a reason to support the legislative changes proposed by County Commissioner Vincent.
Mr. Rodger Clingman noted that, under the present structure, the County Commission acts only on
the rates charged; the district board controls the operations of the landfill.
Staff Attorney Patricia Day-Moore noted that the County Commission has complete control over
appointments to the board and removal of those members; the City only recommends those it would like to
see appointed. She also noted that the resolution of creation sets out the duties that the County Commission
is willing to give the board, and stated that the setting offees is the one issue identified in statute as belonging
to the County Commission.
Administrative Services Director Miral Gamradt distributed information prepared by the sub-committee,
noting that it shows projected revenues, expenditures and staffing levels. He noted that volume is the key to
running an efficient operation, and stated that the estimated cost would be $19 per ton.
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Commissioner Youngman noted that Bozeman is the only entity with a volume-based rate system at
this time, and she is interested in a system that handles garbage more responsibly than just landfilling all of
it.
Mr. Clingman noted thattheCitywill retain itsabilityto recycle with the transfer station. Hethen noted
that the rest of the county is awaiting Bozeman's lead, particularly since the County is a novice in the garbage
collection business.
County Fiscal Officer Ed Blackman suggested that the City staff identify those sections of the draft by-
laws that need revision. He then noted that the County does not own the land at the Logan landfill; rather, it
pays approximately $10,000 to $12,000 annually to lease the property from the State.
Mayor Kirchhoff asked if any of the Commissioners have changed their positions, based on this work
session.
Each of the Commissioners addressed the question, noting that they feel some progress has been
made with this work session, but that additional work is needed before they would be prepared to consider
joining a solid waste district. They voiced support for County Commissioner Vincent's proposal for legislative
change for both the board's structure and authority.
County Commissioner Vincent asked that the City Commissioners identify what is needed for the City
to join the district and submit that list to the County Commissioners for their review prior to the next meeting.
He indicated that he will get a piece of legislation drafted and make it available for review and comment.
Both the City Commissioners and County Commissioners agreed that another joint meeting is needed
to discuss this item further. In the meantime, the task force members will not meet, but they will be invited to
the next joint meeting.
Appointment to Local Water Qualitv District Board
Included in the Commissioners' packet was a memo from Clerk of the Commission Sullivan, dated
November 20, forwarding the list of applicants for this board.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Phillip Butterfield
be reappointed as the City's representative on the Local Water Quality District Board, with a three-year term
to expire on September 30, 2005. The motion carried 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.
Recess - 5:38 pm.
Mayor Kirchhoff recessed the meeting at 5:38 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings and completing the routine business items.
Reconvene ~ 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Public hearina - Conditional Use Permit - allow construction of a broadband wireless small~scale
broadcast facilitv on the City's water tank located in Josephine Park (1630 Kenyon Drive) - Cutthroat
Communications (Z-02222)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
Cutthroat Communications under Application No. Z -02222, to allow construction of a broadband wireless small-
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scale broadcast facility on the City's water tank located in Josephine Park. The subject property is more
commonly known as 1630 Kenyon Drive.
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
November 20, forwarding the applicant's request that the public hearing be continued to December 9.
Mayor Kirchhoff opened the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued to December 9 per the applicant's request. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala,
Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Public hearina - intent to annex 0.7043 acre described as a Dortion of Parcel A. cas No. 1328A (north
side of Reminaton Way. west of South 19th Avenue) - Evangelical Free Church (A-02010)
This was the time and place set for the public hearing on the intent to annex an 0.7043-acre parcel
requested by the Evangelical Free Church under Application No. A-0201 0, as established by Commission
Resolution No. 3555, entitled:
COMMISSION RESOLUTION NO. 3555
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.
The subject parcel is described as a portion of Parcel A, Certificate of Survey No. 1328A, and is located
along the north side of Remington Way, west of its intersection with South 19th Avenue.
Mayor Kirchhoff opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She stated the Evangelical Free
Church is requesting annexation of the remainder parcel of their property, which is a sliver surrounded on three
sides by the city.
Planner Windemaker stated that staff has reviewed this application in light of the four goals and eleven
policies set forth in Commission Resolution 3137. As a result of that review and staff findings, which are
contained in the written staff report, staff is recommending approval subject to the following items being
addressed prior to or in conjunction with execution of the annexation agreement:
1. The Annexation Agreement, which addresses all conditions placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman Office
of Planning and Community Development within one year of the City Commission
decision to annex the property, or annexation approval shall be null and void.
2. The applicant shall submit an annexation map with a legal description of the property
with the Annexation Agreement. The map must be supplied on a mylar (18 inches by
24 inches) for City records and either on letter or legal size paper for recording with the
Annexation Agreement by the Gallatin County Clerk and Recorder. One digital copy
must also be provided to the Planning Department. The maps must be acceptable to
the Director of Public Service.
3. The Annexation Agreement shall contain a section that the Landowner acknowledges
and agrees that usable water rights or cash-in-lieu thereof must be provided to the City
of Bozeman per Policy NO.5 of Commission Resolution No. 3137 prior to final plat
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approval, final site plan approval or the issuance of any building permit, whichever
occurs first. The amount of water rights or cash-in-lieu will be determined by the
Director of Public Service at the time of such development.
4. Applicant shall provide and file with the Gallatin County Clerk and Recorder's Office
executed waivers of right to protest creation of SIDs for a pedestrian crossing facility
across South 19th Avenue in the vicinity of Lincoln Road.
Mr. Jim Loessberg, Council Chairforthe Evangelical Free Church, indicated his concurrence with the
staff report as presented. He noted that annexation of this small sliver will simplify the map for the Church's
parcel and will be advantageous for the Church since they will be able to work with one governmental
jurisdiction for future development of the property. He stated that the Church has no plans to do anything with
the subject sliver of property at this time and indicated a willingness to comply with City regulations on any
future plans.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the request for
annexation of an 0.7043-acre parcel described as a portion of Parcel A, Certificate of Survey No. 1328A, be
initially approved and that staff be authorized and directed to bring back an Annexation Agreement, addressing
Item Nos. 1 through 4 listed above, for Commission review and action. 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.
Public hearing - Zone Map Amendment - establish an initial municipal zonina desianation of "R-3" on
0.7043 acre described as a portion of Parcel A. COS No. 1328A (north side of Remington Way. west
of South 19th Avenue) - Evangelical Free Church (Z-02204)
This was the time and place set for the public hearing on the Zone Map Amendment requested by the
Evangelical Free Church under Application No. Z-02204, to establish an initial municipal zoning designation
of "R-3," Residential-Medium-density, on an O. 7043-acre parcel described as a portion of Parcel A, Certificate
of Survey No. 1328A. The subject property is located along the north side of Remington Way, west of its
intersection with South 19th Avenue.
Mayor Kirchhoff opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She reviewed the surrounding
zoning designations, stating that the larger portion of the Church property is zoned "R-3," Residential- Medium-
density, and they are seeking the same zoning designation on this sliver, which was approved for annexation
in the previous agenda item.
The Planner stated that staff has reviewed this application in light ofthe twelve criteria set forth in the
zone code, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted
those findings, and noted that the Zoning Commission concurred in staff's recommendation for approval
following its review at the November 6 meeting.
Mr. Jim Loessberg, Council Chair for the Evangelical Free Church, stated concurrence with the staff
report and a willingness to respond to questions.
No one was present to speak in opposition to the requested zoning.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map
Amendment requested by the Evangelical Free Church under Application No. Z-02204, to establish an initial
municipal zoning designation of "R-3," Residential-Medium-density, on an O. 7043-acre parcel described as
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a portion of Parcel A, Certificate of Survey No. 1328A, be approved, subject to the following conditions being
addressed:
1. The applicant shall submit, within thirty (30) days of approval by the City Commission,
a 24-inch by 36-inch mylar zone map titled "Evangelical Free Church," an 8~-inch by
11-inch or an 8~-inch by 14-inch paper map, and a digital copy to the Office of
Planning and Community Development containing the metes and bounds legal
description, total acreage and adjoining rights-of-way and/or street access easements,
acceptable to the Director of Public Service.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be rezoned,
which will be utilized in the preparation of the ordinance to officially amend the City of
Bozeman zoning map.
and that staff be directed to bring back an ordinance enacting the amendment upon annexation of the subject
parcel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Ordinance No. 1584 - Zone Code Amendment - revise Sections 18.04.515. 18.04.1385. and 18.52.040.
and add Section 18.04.1386 and ChaDter 18.66 to the Bozeman MuniciDal Code. Droviding for
additional aDDlication reauirements. review Drocedures and review criteria for medium and larae-
scale retail establishments (2-02213)
Included in the Commissioners' packets was a copy of Ordinance No. 1584, entitled:
ORDINANCE NO. 1584
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 18.04.515. 18.04.1385. AND 18.52.040. DEFINITIONS OF DESIGN REVIEW
AND LARGE SCALE RET AI L. AND SPECIAL
DEVELOPMENT
PROPOSALS-ADDITIONAL APPLICATION REQUIREMENTS. REVIEW PROCEDURES
AND REVIEW CRITERIA. INCLUDE THE ADDITION OF SECTION 18.04.1386. NEW
DEFINITION OF MEDIUM SCALE RETAIL. AND ADDING CHAPTER 18.66. PROVIDING
FOR ADDITIONAL APPLICATION REQUIREMENTS. REVIEW PROCEDURES. AND
REVIEW CRITERIA FOR MEDIUM AND LARGE SCALE RETAIL ESTABLISHMENTS.
Also included in the packet was a letter dated November 18 plus e-mails from Philip Saccoccia, and
a letter dated November 22 from Susan Swimley.
Associate Planner Candace Honatke reminded the Commissioners that at the meeting two weeks ago,
they directed staff to bring back a revised ordinance addressing several of the items raised during the public
hearing. She reviewed those revisions, noting they include an exemption from the outdoor sales cap for
nursery operations, a redefining of agricultural sales, a requirement for maintenance of structures and grounds
under the criteria, and clarifications of the economic development fees as contained in the table.
The Planning Director noted that the ordinance also includes a revision to reflect that the outdoor sales
area is not calculated in the 100,000-square-foot maximum size, but is in addition to that size limitation. He
stressed that the 25-percent cap on the size of the outdoor sales area remains.
Commissioner Brown voiced his appreciation for the clarifications; however, he suggested that the
table be revised so it can stand alone, rather than requiring the reader to continually refer to the previous
section for the narrative pertaining to the table. He suggested that a statement be included in the table that
indicates "in addition to the $30.00 per-square-foot between 75,000 and 90,000 square feet" to reflect that the
fees are cumulative.
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Planning Director Epple acknowledged that Subsection G on Page 8 is redundant to the table on Page
9; however, he noted it was a good exercise for staff to write out the narrative and led to better understanding
of the process.
Ms. Susan Swimley, attorney, noted that she had submitted a letter of testimony on Friday in which
she once again asked that department stores be defined differently than large retail stores and offered a
definition crafted from other definitions across the United States. She reviewed that definition and identified
some of the key differences between a department store and a warehouse type store. Also, she suggested
that the department store be part of a multi-parcel review process and that it be exempt from the economic
development fee.
Mr. Richard Smith, 7201 Lorelei Drive, asked that the Commission give more time for public review,
noting he has not yet seen a copy of the ordinance. He stated that to push it through quickly would not be in
anyone's best interests.
Mr. Jerry Perkins, 511 North Wallace Avenue, stated the ordinance is so restrictive that no one would
ever want to build in the city, and the arbitrary size limits and fees don't make any sense. He questioned why
the City wants to implement financial barriers that will push commercial development into the county or other
com m unities, rather than promoting such development and taki ng advantage of the additional tax dollars. He
stated the feasibility study is subjective and open to interpretation and should not be included. He noted that,
rather than adopting an ordinance that has not been subject to legal review, the Commission should wait for
that review and then go back through the public hearing process. He concluded by voicing his support for an
ordinance that does not have any size restrictions but does impose design standards.
Ms. Ashley Brandt, 526 West Cameron Bridge Road, noted that she was a member of the task force
and has attended all of the Commission's meetings on this issue. She expressed her appreciation for the
Commission's attention to detail and conservative approach to ensure that the ordinance is legally defensible
and encouraged them to continue with their process.
Mr. Henry Kriegel, 1422 Robin Lane, echoed the requests for a delay in voting on the ordinance, noting
the public has not had enough time to assess and evaluate the ordinance, and further noted that this issue
merits greater attention and pUblic input. He acknowledged that the task force worked hard to create a
regulatory framework that could be supported by the entire group. He stated, however, that one task force
member has since indicated that, if he was a member ofthe Commission, he would not vote for the ordinance
because of the economic development fee. Mr. Kriegel characterized that fee as a disincentive for the
community and cautioned that it will hurt the low-income wage earners. He noted that big box stores bring
monies into the community, and they generally pay higher wages and provide better benefits than other
businesses. He concluded by suggesting the Commission should encourage development rather than pushing
it to other communities.
Responding to Mayor Kirchhoff, the Commissioners voiced their preference for waiting until the City
Attorney's office has completed its legal analysis of this ordinance before proceeding to provisional adoption,
recognizing that February 3 is the last possible date to do so if the ordinance is to be effective prior to expiration
of the interim zoning ordinance.
Further responding to the Mayor, the Commissioners indicated an interest in discussing the input
provided to date, to allow staff to conduct a legal review on the various items if necessary and to prepare
revisions for Commission consideration during provisional adoption.
Commissioner Brown stated he is concerned about the potential of driving large stores outside the city.
As a result, he proposed that the economic development fee be lowered to $20 per square foot between 75,000
and 100,000 square feet, noting that the result would be a figure that is closer to the fees paid by Home Depot.
He also voiced concern about the proposed exemptions and whether they could cause legal problems, and
suggested the possibilities of either making the ordinance more inclusive or eliminating the 25-percent cap for
outdoor storage and sales.
Commissioner Hietala acknowledged that the task force recommendation was forwarded on a
unanimous vote; however, he stressed that the Commission is the ultimate decision maker. He voiced his
interest in entertaining Commissioner Brown's suggestions, stating he would prefer to remove the exceptions.
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He proposed that a 1 OO,OOO-square-foot cap be implemented, that reference to outdoor sales be eliminated,
and that the fees be eliminated. He also voiced support for implementing design standards for all buildings
over 40,000 square feet and for encouraging the use of skylights, particularly in warehouse type stores.
Commissioner Youngman noted that the task force was comprised of people representing many
diverse elements in the community, and that the ordinance before the Commission at this time essentially
implements their recommendations. She indicated that she can support modest changes to that ordinance
because of public input or major changes because of legal review; however, she cannot support the major
changes that have been proposed.
Commissioner Brown stated that he, too, feels obligated to include a fee in the ordinance because of
the task force's efforts; and he feels that his proposal of $20 per square foot is an appropriate
compromise.
Commissioner Cetraro indicated that he still does not agree with adopting this type of ordinance and
voiced frustration with the process and all of the changes being proposed. He stated that eliminating the
reference to outdoor sales and establishing a 1 OO,OOO-square-foot cap make the most sense so far. He
stated, however, that he is interested in bringing business to the community.
Commissioner Youngman noted that additional issues to be addressed by the legal staff include a
simpler fee structure, exemptions for outdoor storage, and the exclusion of department stores.
Mayor Kirchhoff voiced his support for Commissioner Hietala's suggestion, recognizing that it also
contains some legal questions. He acknowledged that each of the revisions being considered by the
Commission is more permissive than the task force had intended; however, he also noted that those
recommendations were not necessarily reflective of individual viewpoints. He then stated his support for a size
cap and proposed that it be smaller than the 100,000-square-foot cap suggested by Commissioner
Hietala.
Commissioner Youngman reiterated her discomfort with straying so far from the task force
recommendations, noting that the members weighed each of the potential impacts on the community in their
discussions.
Mayor Kirchhoff requested that a discussion on this ordinance be placed on the January 21 agenda,
with a report on the legal research and any staff recommendations being made at that time. He indicated that
any revisions to the ordinance could be identified during that discussion, with the ordinance to be placed on
the January 27 agenda for first reading and provisional adoption.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November
26, in the Commission Room.
(2) Agenda for the Development Review Committee meeting to be held at 1 0:00 a.m. on Tuesday,
November 26, at the Professional Building.
(3) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, November
26, at the Professional Building.
(4) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, November
26, in the Commission Room, along with minutes from their meeting held on November 12.
(5) Copy of the subdivision regulations which are effective on November 21, 2002.
(6) City Manager Johnson suggested that the planning meeting for the December 12 legislative
meeting be set for 10:00 a.m. on Wednesday in the Commission Room.
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Commissioner Youngman and Commissioner Cetraro indicated their intent to attend the meeting on
Wednesday morning, at which time the list for invitations will be prepared.
The City Manager noted that he anticipates representatives from a wide variety of groups will be in
attendance and, as a result, three facilitators will be involved in the meeting.
(7) Planning Director Epple submitted the following. (1) Indicated that it appears the principal
players in the zone map amendment to be considered at next week's meeting are working toward reaching
an agreeable solution prior to the Commission meeting. (2) Announced that four people were interviewed for
the grants administrator position on Wednesday. (3) Stated that he will attend a CDBG Economic
Development Loan Review Committee meeting tomorrow, at which time an application for revolving loan fund
monies will be considered. (4) Distributed copies of a letter of response to Apogee Architects regarding
administrative interpretations on various sections of the zone code.
(8) Commissioner Youngman noted that three of the Commissioners attended the Big Sky or Big
Sprawl?3 conference in Helena on Friday. She characterized the conference as excellent and noted that she
came back with ideas on a variety of issues being considered by the Commission. She suggested that the
Commission invite a resource person from Billings for one day to conduct workshops with various groups in
the community as well as to meet with the Commission regarding a new Fannie Mae program that provides
funding and technical resources to communities.
(9) Commissioner Brown submitted the following. (1) Noted that one of the citizens who attended
this afternoon's discussion indicated that he demolished a house that had burned and hauled that debris to
East Helena, where he was able to dispose of it for $18 a ton rather than the $45 or $60 per ton that it would
have cost him locally. In light of those cost savings, he suggested it might make sense to consider trucking
the contaminated soil from the new library site to East Helena, thus saving on tipping fees and extending the
lifeofthe landfill. (2) Noted the article on acquisition of the Armory was intriguing. Hethen suggested that the
City possibly consider at least a minimum bid on the building, particularly in light of the lack of parking for the
facility. (3) Stated the last meeting of the transit committee has been held and the final report is being
prepared. He noted that the report will be presented to the Commission at the December 9 meeting.
(10) Mayor Kirchhoff stated that the second meeting with telecommunications and digital providers
will be held on December 4. He noted that the first meeting moved quickly, and he anticipates the next meeting
will be equally productive as they work toward master planning the technical infrastructure needed for the
community.
Adiournment - 8:25 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. 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.
d;1~
STEVE R. KIRCHHOFF, Ma or
ATTEST:
~~~
ROBIN L. SULL VAN
Clerk of the Commission
11-25-2002