HomeMy WebLinkAbout07-21-22 Public Comment - J. Kaufmann - Urban Camping KASTING, KAUFFMAN &NMRSEN, p.c.
A T T O R N E Y S A T L A W
JOHN M.KAUFFMAN 716 SOUTH 2Oth AVENUE,SUITE I0I
JANE MERSEN BOZEMAN,MONTANA 597I8
DENNIS L.MUNSON TEL:(406)586-4383 FAX:(406)587-787I
LILIA N.TYRRELL �� +tom � � E-MAIL:reception@kkmiaw.net
JORDAN P.I ELVIE -
KENT M,KASTING,Of Couasd
July 18, 2022
Mayor Cyndy Andrus
Deputy Mayor Terry Cunningham
Commissioner I-Ho Pomeroy
Commissioner Jennifer Magic
Commissioner Christopher Coburn
Bozeman City Commission
121 N. Rouse
Bozeman, MT 5971.5
Re: Urban Camping on Public Streets
Dear Commissioners:
Our office represents a number of property and business owners that do not
believe the City of Bozeman appreciates the adverse impact urban camping is
having on the residents, businesses and property owners who live and work in
Bozeman. The clients include Kenyon Noble, Mike Hope and Donnie Olsson. We
recognize the issue of homelessness poses significant challenges for many cities and
towns throughout the United States. Here, we are not discussing people sleeping on
sidewalks or in parks, but rather parking recreation vehicles on public streets in
order to create a camp. This not only creates health and safety problems for other
members of our community but is adversely impacting the business and property
adjacent to these camps. We know the City must perform a balancing act to
address this growing problem, but the City is not doing any balancing here. The
camps are not being moved and the adverse impacts continue to be unreasonably
shouldered by the adjacent residents, businesses and property owners. This letter
is a formal request that, as the elected leaders of our City, you take formal action to
mitigate this problem. A failure of leadership now will surely enable the problem to
snowball, thereby leading to catastrophic and very dangerous outcomes for all
concerned.
July 18, 2022
Page 2
On October 14, 2021, I wrote to the City Attorney identifying the problem
that existed on Patrick Street, north of Oak Street. A copy of that letter is attached
for your reference. Those camps on that street continue. These camps do not have
any proper sanitation, have fire pits (at times), interfere with the local businesses
and, at its most fundamental level, use the street as something other than a street.
Law enforcement has been called to try and address episodic incidents, but that
merely treats the symptom — not the problem. Representatives from Kenyon have
also had many contacts with the City regarding the problems and written evidence
of the same is also attached.
More recently, law enforcement was called to a violent incent arising from
such a street camp on Hemlock Street wherein an individual had apparently
barricaded himself in a trailer parked on the street. Even before this incident, the
City Manager had been called about this trailer because it had propane tanks, gas
tanks, old tires, and trash all around this trailer. The owner of the trailer should
have been required to move, not clean up. Later, the same trailer became the site of
the violent incident and the closure of public rights of way led to losses of public
trust and business revenues. Law enforcement adeptly defused the situation, but it
would be naive to think this was, or will be, an isolated incident. More to the point,
allowing individuals to ignore City ordinances reflects a lack of leadership that puts
everyone's interests at risk.
The business owners in our City who have had to follow various City
ordinances to build or remodel or develop their properties and create jobs. The
City's appetite for enforcing its ordinances against those residents who want to
improve their properties and create jobs is insatiable. The same cannot be said for
enforcing the ordinances against those who improperly use public resources and
create health and safety issues.
It may be that the City has dedicated a couple of law enforcement personnel
to look into the issue or knock on doors or even investigated or funded another
entity (non-profit) to find or develop alternative housing. Our clients believe this
sort of outsourcing again reflects an absence of leadership. Other communities
have dedicated a park or some other property for those that find it necessary to live
in a vehicle. In this way, centralized sanitation and other services can be provided.
However, to allow urban camps to pop up at random throughout the City, without
any consequence, is a gross disservice to those who follow your ordinances, pay their
taxes and depend on you to lead.
Our clients are continuing to explore other options to have the City enforce
its rules, but they should not have to do so. They look to you to lead. They are
willing to provide some financial support for a solution, but to do that they will need
July 18, 2022
Page 3
to know specific acts, programs and needs to evaluate to determine what they are
willing to support. If you have developed such needs, ple se articulate them.
Since
ohn . Ka in n
Encl.
c' Clients (email only)
City Attorney, Greg Sullivan (email only)
�f
KASTING, KAUFFMAN &MERSEN,P.c.
A T T O R N E Y S A T L A W
JOHN M.KAUFFMAN 716 SOUTH 2Oth AVENUE,SUITE I0I
JANE MERSEN BOZEMAN,MONTANA 597I8
DENNIS L.MUNSON TEU(406)586-4383 FAX:(406)587-7871
LILIA N.TYRRELL E-MAIL:reception@kkmlaw.net
JORDAN P.HELVIE
KENT M.KASTING,OfCoansd
October 14, 2021
Greg Sullivan
Bozeman City Attorney
121 N. Rouse
Bozeman, MT 59715
Re: Problems with Parking and Living on Patrick Street
Dear Greg:
We represent Beran, LLC (`Reran") and Kenyon Noble Lumber Company
("Kenyon"). Beran owns real property on Oak Street in Bozeman commonly
referred to a as Tract 3A of COS 121F, which is in Section 1 Township 2 South,
Range 5 East (the "Property"). The Property is within the City of Bozeman and
Kenyon operates a business on the Property, which is bordered on the north by
Patrick Street and on the south by Oak Street. It appears that Patrick Street is
the subject of a "Public Street and Utility Easement" that Beran and "PT Land"
granted to the City, which was filed as Document No. 2173931 on December 23,
2004. See Exhibit A.
The purpose of this letter is to ask the City to use all appropriate steps to
enforce its statutes, ordinances and regulations to protect the neighborhood and
remove the vehicles that are using Patrick Street as a long-term parking area
and/or a living area.
For some time now, reports have been made to the City about people parking
recreational and other vehicles on Patrick Street for extended periods of time
without moving them. It appears that people may be living in these vehicles. We
understand that the police have been called several times to respond to violent
activity involving the people parking and/or living on Patrick Street, adjacent to the
Property. The long-term parking has also narrowed Patrick Street, adversely
affecting the ability of vehicles to pass safely. The situation has become unsafe and,
in many cases, unhealthy with at least one incident of an individual dumping waste
October 14, 2021
Page 2
water on Beran's property. Kenyon has decided to cancel at least one community
activity as a result of the improper use of Patrick Street and has become concerned
about the health and safety of both its employees and customers.
Beran does not believe that the long-term parking and living on Patrick
Street is consistent with the easement it granted the City in 2004. See Exhibit A.
Beran merely agreed to grant the City 30' easement for street and utility purposes —
not for camping or long-term parking.
Beran and Kenyon appreciate that vehicle sheltered individuals are a current
issue that the City is trying to grapple with, but they request the City enforce its
existing laws. The owners of the vehicles that are improperly being used for living
quarters should be required to move them from Patrick Street. You have indicated
there may be some reluctance in requiring such conduct because of the holding in
Martin v. City of Boise, 920 F.3d 584 (9th Cir.). However, we do not believe Martin
applies to the situation on Patrick Street and ask you to consider the following.
Martin held that the Eighth Amendment "prohibits the imposition of
criminal penalties for sitting, sleeping, or lying outside on public property for
homeless individuals who cannot obtain shelter". Id. at 616-617. It does not
apply to people sleeping inside, or long-term parking of, their vehicles. Moreover,
the Martin Court expressly stated that its holding was "a narrow one." Id. at 617.
The Martin Court noted:
Naturally, our holding does not cover individuals who do have access to
adequate temporary shelter, whether because they have the means to pay for
it or because it is realistically available to them for free, but who choose not
to use it. Nor do we suggest that a jurisdiction with insufficient shelter can
never criminalize the act of sleeping outside. Even where shelter is
unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at
particular times or in particular locations might well be constitutionally
permissible. So, too, might an ordinance barrigg the obstruction ofpublic
rights of Ea or the erection of certain structures. Whether some other
ordinance is consistent with the Eighth Amendment will depend, as here, on
whether it punishes a person for lacking the means to live out the "universal
and unavoidable consequences of being human" in the way the ordinance
prescribes.
Id. at 617, fn 8 (emphasis added)(internal citations omitted).
Courts following Martin have declined to expand its holding beyond
criminalization of homelessness. Young v. City ofL.A., 2020 WL 616363, at *5
(C.D. Cal. Feb. 10, 2020). For example in Miralle v. City of Oakland, the federal
October 14, 2021
Page 3
district court held that Oakland could clear out a specific homeless encampment
because "Martin does not establish a constitutional right to occupy public property
indefinitely at Plaintiffs' option." 2018 WL 6199929, at *2 (N.D. Cal. Nov. 28, 2018);
see also Le Van Hung v. Schaaf, No. 19-CV-01436-CRB, 2019 WL 1779584, at *5
(N.D. Cal. Apr. 23, 2019) (reaching the same conclusion). The Eighth Amendment
does not extend beyond the criminal process. Butcher v. City of Marysville, 2019
WL 918203, at *1-2, 7 (E.D. Cal. Feb. 25, 2019); see also Shipp v. Schaaf, 379 F.
Supp. 3d 1033 (N.D. Cal. 2019) (holding that Martin did not apply because the city's
temporary eviction of homeless residents from an encampment was not backed by
criminal sanctions); Yeager v. City of Seattle, 2020 WL 7398748 (W.D. WA Dec 17,
2020) at *5 (absent criminalizing activity, Martin inapplicable).
In addition, if an ordinance does not bar sleeping outside in all public places,
but rather just parks (for example), Martin does not apply. Gomes v. County of
Kauai, 2020 WL 6937435, at *2-3 (D. Hawaii Nov. 24, 2020) (dismissing a claim
based upon Martin because the claim did not criminalize sleeping on all public
property, but rather just public parks and did not criminalize "the simple act of
sleeping outside". Id. at *2-3; see also Anderson v. Newson, 2020 WL 6271029 (S.D.
CA Oct. 26, 2020) at *3.
Beran and Kenyon request that the City notify those individuals that are
living inside their vehicles (recreational or otherwise) to move the vehicle off of
Patrick Street or their vehicle will be removed by the City. Not only will this
remove the health and safety concerns to Kenyon's employees and customers caused
by using Patrick Street as a public living space, but it will eliminate the danger to
the public created by the narrow passage on the public right of way. We also note
that the presence of these vehicles will create a significant problem for the City as
the need for snow removal arises.
Undoubtedly, the City is facing real challenges with the increase in its
population and the demands on its services. My clients continue to be interested in
being part of the discussion to find solutions, but the chaos created on Patrick
Street is not a solution. Please let me know if you have any questions about the
foregoing.
Sinc/er ,
-= 6
John 1VI: Kau man
Encl.
c: Clients (email only)
EXHIBIT A
PUBLIC STREET AND UTILITY EASEMENT
WE PT t'AAM and &rP_4AJ t LC _,GRANTORS,
in consideration of$ 1.00 and for other valuable considerations, receipt of which
is acknowledged, grants to The City of Bozeman, a municipal corporation of the
State of Montana, with offices at 411 East Main, Bozeman, Montana 59715,
GRANTEE, its successors and assigns, a perpetual sixty (60) foot wide street
and utility easement for the use of the public, in, through, and across a strip of
land situated in Gallatin County, Montana, located on the following described real
property:
A. A sixty (60) foot wide public street and utilities easement located in
Tracts of Land being Tract 2A and Tract 3A of COS 1215F located in Section
1, T2S, R5E, City of Bozeman, Gallatin County, Montana as more particularly
shown on the attached Exhibit A, which by this reference is fully incorporated
herein.
The GRANTORS state that they possess the real property described
above and that they have a lawful right to grant an easement thereon.
The GRANTORS further agree that the GRANTEE may peaceably hold
and enjoy the rights and privileges herein granted without any interruption by the
GRANTORS.
The terms, covenants, and provisions of this easement shall extend to and
be binding upon the heirs, executors, administrators, personal representatives,
successors, and assigns of the parties hereto.
DATED this !0 day of 09444 '`641— , 2004.
GRANTOR
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Bran, LLC
STATE OF MONTANA )
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County of Gallatin ) /
On this JU day of 2004, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
III Jill III III�IIII 21 � l�IIII1III1 IIIh III � 212M � n
®hsLl�Y Vaso*-Q&1Lat1M CO RT MISC 18.00
JERRY L. PERKINS and ROBERTA B. OGLE known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me
i that he/she did execute the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
r` ` ' 1 tary P lic for the State of Montana
a :�,. esidin at �cfZrmnr, mT
My Commission Expires: )A-6- &o6
ACCEPTED:
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STAT9�113NTANA }
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On this Abbh day of 1�1/�Llya„ ,� , 202q , before me, a,
Notary Public forte State of Montana, personally appeared CHRIS KUKULSKI
and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the
Commission, respectively,of the City of Bozeman and the persons whose names
are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
�Qy. '• Rye
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Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Friday, February 18, 2022 11:12 AM
To: hs@gallatin.mt.gov
Subject: FW:Ongoing issues
Importance: High
Please forward the message below to the appropriate person(s)
Regards,
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR'S Lounge, Inc.
7243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyqnnoble.com
irathen ken vonnoble.com
U M B E R HARDWARE
� a
From:Jenifer Rather<'rather@ kenyonnoble.com>
Sent: Friday, February 18, 2022 10:07 AM
To: 'mziegler , bozeman.net'<mziegler@bozeman.net>
Cc: 'Rick Ogle '<rogle@kenyonnoble.com>; 'jkauffman@kkmlaw.net'<jkauffman kkmlaw.net>;
'imihelich@bozeman.net'<$mihelich@bozeman.net>
Subject:Ongoing issues
Importance: High
Marek,
1
We are having ongoing issues with some of the campers behind our building defecating in our trees.We caught one this
morning and now have uniformed patrol here to address it.
This is yet another issue we have with these people,and still no assistance from you.
This email is also being shared with the Gallatin County Health Department.
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
fR S Lounge, Inc.
7243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenvonnoble.com
irather9kenyonnoble.com
l U M B E B HARDWAHE
p
0
2
Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Friday, March 18, 2022 9:45 AM
To: dschliem@bozemanchamber,com
Subject: FW: Ongoing issues
Importance: High
Good morning,
Here is an email I sent to Marek back on February 18th,to date he has not even responded. I am also going to forward
you one sent in January, same result-no response.
I will then draft a new email to you with pictures of what it looks like today.
Regards,
Jenifer Rather, CPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, Inc.
7243 Oak Street
Bozeman, MT 5977 5
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www kenyonnoble.com
!ratheL@kenyonnob/e,com
R
LHMBEB HARRIA01
From:Jenifer Rather<'rai ther(�7kenyonnoble.com>
Sent: Friday, February 18, 2022 10:07 AM
To:'mziegler@bozeman.net' <mziegler@bozeman.net>
Cc: 'Rick Ogle ' <rogle@kenyonnoble.com>; 'ikauffman@kkmlaw.net'<ikauffman@kkm-law.net>;
I
Jenifer Rather
From: Jenifer Rather
Sent: Friday, February 18, 2022 10:07 AM
To: mziegler@bozeman.net'
Cc: 'Rick Ogle '; Jkauffman@kkmlaw.net'; 'jmihelich@bozeman.net'
Subject: Ongoing issues
Importance: High
Marek,
We are having ongoing issues with some of the campers behind our building defecating in our trees.We caught one this
morning and now have uniformed patrol here to address it.
This is yet another issue we have with these people, and still no assistance from you.
This email is also being shared with the Gallatin County Health Department.
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and We
JR S Lounge, Inc.
7243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-1320 cell
www.kenMnnoble.com
iratherokenXonnoble,com
HARUWARE
� p
m
1
406-582-2969
mziegler@bozeman.net
N�
W�
From:Jenifer Rather<irather kenyonnoble.com>
Sent:Thursday, October 28, 2021 9:34 AM
To: Marek Ziegler<mziegler BOZEMAN.NET>
Cc: ikauffman@kkmlaw.net; dschliem@bozemanchamber.com; Ash Ogle<ashlevogle(ikenvonnoble.com>; Rick Ogle
<rogle@kenvonnoble.com>
Subject: Dangerous
Importance: High
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Marek,
As you can see from the attached photo,the urban camping behind our store has now reached a dangerous level.This is
completely unacceptable as it is a potential fire hazard.
Also, nothing has been done about the trash situation that was brought to your attention well over a month ago.With
all the campers parked on both sides of Patrick Street,our lumber delivery trucks, as well as our vendor trucks, can no
longer utilize this street.Something needs to be done about this,as they are impeding traffic on a city street and making
it difficult for us to conduct normal business.
I would appreciate action taken to address these new and continuing concerns.
Regards,
Jenifer Rather, CPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, Inc.
1243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyonnoble.com
Jrather0kenyonnoble.com
2
Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Thursday, October 28, 2021 1:12 PM
To: Marek Ziegler
Subject: RE: Dangerous
Marek,
I will be taking this further up the chain of command.
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, Inc.
7243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyonnoble.com
jratherCa kenyonnoble.com
F
L U M B 10 HARUWABE
� p
From: Marek Ziegler [ma i Ito:mziegler(aDBOZEMAN.NET]
Sent: Thursday, October 28, 2021 11:49 AM
To: Jenifer Rather
Subject: RE: Dangerous
Hey Jenifer. I appreciate the update. I will see what I can do. marek
Marek Ziegler
Community Resource Officer
Support Services Division
Bozeman Police Department
1
Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Thursday, October 28, 2021 9:34 AM
To: mziegler@bozeman.net
Cc: jkauffman@kkmlaw.net;dschliem@bozemanchamber.com;Ash Ogle; Rick Ogle
Subject: Dangerous
Attachments: Urban camping jpg
Importance: High
Marek,
As you can see from the attached photo,the urban camping behind our store has now reached a dangerous level.This is
completely unacceptable as it is a potential fire hazard.
Also, nothing has been done about the trash situation that was brought to your attention well over a month ago.With
all the campers parked on both sides of Patrick Street,our lumber delivery trucks, as well as our vendor trucks, can no
longer utilize this street.Something needs to be done about this, as they are impeding traffic on a city street and making
it difficult for us to conduct normal business.
I would appreciate action taken to address these new and continuing concerns.
Regards,
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, Inc.
7243 Oak Street
Bozeman, MT 5977 5
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyonnoble.com
jrather9kenyonnoble.com
i
Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Monday, October 18, 2021 1:25 PM
To: Marek Ziegler
Subject: Re: Smell
Attachments: image001.jpg
Marek,
Yes,they responded right away and had the trailer ticketed and it was removed the next day.
The trash problem is still there and no effort has been made to correct it.We would appreciate you contacting the
culprit again, as it's becoming a nuisance.
Jenifer
On Mon, Oct 18, 2021 at 11:32 AM Marek Ziegler<mziegler bozeman.net>wrote:
Hey Jenifer. I have been gone the last two weeks. Has the police department been out there?
Marek Ziegler
Community Resource Officer
Support Services Division
Bozeman Police Department
406-582-2969
mziegier@bozeman.net
.s
95'M
M
S
From:Jenifer Rather<irather(�kenyonnoble.com>
Sent:Tuesday, October 5, 2021 12:05 PM
To: Marek Ziegler<mziegler@BOZEMAN.NET>
Subject:Smell
1
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Marek,
I'm not sure if the smell coming from the corner nearest N 11th Ave and Patrick is of rotting garbage or something
worse.
I think the trailer to the east of the abandoned truck bed camper should be checked to make certain something isn't
amiss inside.
Regards,
Jenifer
City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,Sect. 9) and may
be considered a "public record" pursuant to Title 2,Chpt.6, Montana Code Annotated.As such,this email, its sender
and receiver,and the contents may be available for public disclosure and will be retained pursuant to the City's record
retention policies. Emails that contain confidential information such as information related to individual privacy may be
protected from disclosure under law.
2
Jenifer Rather
From: Jenifer Rather <jrather@kenyonnoble.com> on behalf of Jenifer Rather
Sent: Tuesday, September 14, 2021 10:17 AM
To: mziegler@bozeman,net; aknight@bozeman.net;jmihelich@bozeman.net
Cc: Rick Ogle; dschliem@bozemanchamber.com
Subject: FW: Issues
Importance: High
Officer Ziegler,
This email is to document the phone conversation we had yesterday,September 13, 2021, at 2:17 pm regarding the
safety issues discussed in my email sent on September 7, 2021. During this phone call, I requested that you respond to
this email so that we have documentation of what Bozeman PD is stating they can and cannot do.As of now, I have yet
to receive anything from you.
You indicated to me that you received a call from the owner of Kenyon Noble, Rick Ogle. After contacting Mr.Ogle, he
verified that he has not spoken with you,therefore we have no idea who you have been corresponding with. Kindly
please verify who it was from Kenyon Noble that called you this morning. Going forward, I will be the contact person for
these issues taking place behind our building located at 1234 W.Oak Street, specifically between N. 14th and N. 111h
Avenue along Patrick Street, which runs directly behind our business.
We would greatly appreciate some sort of action and/or response from Bozeman PD.
I am including the original email sent to you on September 7, 2021 below.
Good Afternoon,
I left several messages last week concerning the tents parked in the empty field behind our Oak Street
warehouse along Patrick Street.The occupants of these tents are posing serious fire hazards as there are
propane tanks,tiki torches, BBQ grills,gas cans etc. littered around these tents. As of today's date, I have not
received a call back from anyone at Bozeman PD. With the drought we are currently experiencing,these types of
potential fire starters in a dry field cause us great concern, not only for our lumberyard, but for the safety of our
community should this field catch fire.
This morning there is now a tent set up in the street, which causes a huge hazard to passing motorists, especially
at night when it is dark out.
One of the campers that has been parked here for the entire spring/summer months, has garbage piled so high
in the bed of a pickup that the birds are starting to scatter it everywhere, not to mention what other critters it is
attracting. There is a small pickup truck that has not moved in over a year that is clearly abandoned and needs to
be towed away.Also,the motorhome parked at the dead-end on N. 141h Avenue has no door, and most the
windows have been broken out. it is not clear if this has also been abandoned, but we would like for you to
investigate this.
The safety of our employees and customers is now being compromised as there have been two very serious
incidents that have taken place behind us on Patrick Street,one of which caused us to lock down our store
during business hours until Bozeman PD gained control of an armed and suicidal individual.There was then an
incident a week later that involved a domestic assault that Bozeman PD also had to respond to.
1
Please feel free to contact me if you have any questions.
Regards,
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, Inc.
1243 Oak Street
Bozeman, MT 59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenvonnoble.com
iratherokenyonnoble.com
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Jenifer Rather
From: Jenifer Rather
Sent: Tuesday,September 07, 2021 1:38 PM
To: mziegler@bozeman.net'; 'aknight@bozeman.net';Wendy Elgen
(welgen@BOZEMAN.NET)
Cc: Rick Ogle
Subject: Issues
Importance: High
Good Afternoon,
I left several messages last week concerning the tents parked in the empty field behind our Oak Street warehouse along
Patrick Street.The occupants of these tents are posing serious fire hazards as there are propane tanks,tiki torches, BBQ
grills, gas cans etc. littered around these tents.As of today's date, I have not received a call back from anyone at
Bozeman PD.With the drought we are currently experiencing,these types of potential fire starters in a dry field cause us
great concern, not only for our lumberyard, but for the safety of our community should this field catch fire.
This morning there is now a tent set up in the street,which causes a huge hazard to passing motorists,especially at night
when it is dark out.
One of the campers that has been parked here for the entire spring/summer months, has garbage piled so high in the
bed of a pickup that the birds are starting to scatter it everywhere, not to mention what other critters it is attracting.
There is a small pickup truck that has not moved in over a year that is clearly abandoned and needs to be towed away.
Also,the motorhome parked at the dead-end on N. 141h Avenue has no door, and most the windows have been broken
out. It is not clear if this has also been abandoned, but we would like for you to investigate this.
The safety of our employees and customers is now being compromised as there have been two very serious incidents
that have taken place behind us on Patrick Street, one of which caused us to lock down our store during business hours
until Bozeman PD gained control of an armed and suicidal individual.There was then an incident a week later that
involved a domestic assault that Bozeman PD also had to respond too.
Please feel free to contact me if you have any questions.
Regards,
Jenifer Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JR S Lounge, inc.
7243 Oak Street
Bozeman, MT 59715
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyonnoble.com
i
Jenifer Rather
From: Jenifer Rather
Sent: Thursday, July 08, 2021 8:38 AM
To: 'mmatsen@bozeman.net'
Subject: FW: RV issues
Attachments: IMG-2834.jpg;IMG-2879 jpg;IMG-2883 jpg; IMG-2881 jpg
Importance: High
Mr. Matsen,
I am hoping that you can help us in trying to find a solution to the following concerns:
We have an ongoing issue taking place behind our store on Oak Street, with numerous run down campers, along with
tents,that have been on Patrick Street behind our warehouse for months now. I have attached photos,along with video
that show this is starting to be a health and safety concern. I will follow this email with another that includes more
photos and video showing the residents of one of the campers knowingly throwing trash out into the field along with a
bucket of"unknown" liquid.
One of the biggest concerns is the generators set up on dry gas which if it catches fire, could be catastrophic with us
being a lumberyard. We have had to call the police numerous times for people sleeping in tents under the trees on our
property. Bottom line is this is becoming increasingly dangerous.
Myself along with other business owners, and members of the Chamber board are forming a task force to try and get
something done about this. It is our belief that several city codes are being violated,yet we can't get anyone to do
anything about this. We have had guests from the Hilton complain that they have been bullied while walking in this area,
residents of these RV's asking for money, gasoline, etc. It has gotten so bad that if the wind is blowing just right,the
stench coming from Patrick Street is sometimes unbearable. We have had residents of these campers using our store
restroom to "wash themselves" using the sink as a bathtub, using our restroom facilities, and filling their water jugs
using our outside spickets.There are piles of trash just left to rot and for birds to get into. Our warehouse has been
broken into several times, and although we don't know who it is,our guess is this has something to do with it.
I would appreciate a moment of your time to discuss these issues. You can reach me at my office number listed below.
Kind regards,
./enter ,Rather, GPHR
Human Resources/Safety Director
Kenyon Noble Lumber Company
Kenyon Noble Ready Mix
Bozeman Brick, Block, and Tile
JRSLounge, Inc.
7243 Oak Street
Bozeman, MT59775
406-587-9366 office
406-585-5400 FAX
406-220-7320 cell
www.kenyonnoble.com