HomeMy WebLinkAbout2000-02-07 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 7, 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
. Municipal Building, on Monday, February 7, 2000, at 3:00 pm. Present were Mayor
Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, Clerk of
the Commission Sullivan and Deputy Clerk of the Commission Murphy.
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 - August 2. August 16. SeDtember 7 and SeDtember 20. 1999. January 3. January
15. January 18. January 19. January 24 and Januarv 31. 2000
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the
minutes of the meeting of January 3, 2000, be approved as amended and that the minutes of
the meetings of January 15 and January 19, 2000, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman;
those voting No, none.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
minutes of the meeting of August 2, 1999, be approved as submitted. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No,
none.
Mayor Youngman deferred action on the minutes of the meetings of August 16,
September 7 and September 20, 1999, and January 18, January 24 and January 31, 2000
to a later date.
Commission Resolution No. 3346 - revisina landfill aate fees
Included in the Commissioners' packets was a copy of the revised Commission
Resolution No. 3346, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3346
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS
OF THE CITY OF BOZEMAN LANDFILL.
. Also included in the Commissioners' packets was a memo from Director of Public
Service Debbie Arkell, dated January 26, 2000, recommending the implementation of a 4-
percent increase in the landfill gate fees rather than the 5.8-percent increase previously
proposed.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that
Commission Resolution No. 3346, establishing a revised landfill fee schedule for users of the
City of Bozeman landfill, be adopted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost,
Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
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Discussion; Dossible aDDointment of citizen canel to review crocosed cacital imDrovement
crogram for FY2001
Included in the Commissioners' packets was a note from Mayor Youngman listing the
names of possible appointments to the citizen panel, as compiled by herself and staff members.
Also included was 21 form letter, to be sent to the successful candidates, the Mayor had
developed for the Commissioners' review and comments.
. Mayor Youngman asked if anyone had names they would like to have added to the list
of possible candidates. She noted that Mike Burgard asked to have his name withdrawn due
to scheduling conflicts. She advanced Bob Swenson's name, a candidate who would fill both
the University and businessman niche. She then stated that she and City Manager Johnson
have begun calling the candidates and, of those contacted, all have indicated they would be
glad to serve on this panel.
Commissioner Brown asked how many people would serve. The Mayor replied that it
doesn't matter; but if all the candidates agree to serve, there would be a total of twelve. The
Mayor noted that a conscious effort was made to include representatives from all sections of
town. She suggested that the Commission postpone further discussion on this item until the
next work session. If, at that time, the Commission can pin down the membership and send
out a letter of appointment, that would be ideal.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
following people be appointed to the CIP citizen panel, and that a representative from the New
Hyalite View Subdivision be added at a later date: Patti Hinds, David Smith, Gene Cook, Steve
Sparks, Robyn Erlenbush, Norma Boetel, Bob Swinth, Todd Reier, Mike Owen, Chuck Hudson,
Betty Smithgall and Barb Cestero. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
. Request for cermission to address Commission re the future of senior/disabled transcortation
in Bozeman - GalaVan's Advisory Board
Included in the Commissioners' packets was a letter from William Hayward, Jr., Chair
of the GalaVan Advisory Board, outlining their request for funding. They are requesting the
City continue its annual support of $15,000 and budget additional funds of $16,000 to allow
GalaVan to extend its hours of operation to include Friday evening and daytime hours on
Saturdays and Sundays.
Mr. Hayward stated each of the Commissioners had
in their possession a
straightforward, factual letter from GalaVan stating that they are doing what they said they
would if they were to have access to additional funds. The GalaVan Board is requesting an
additional $16,000 to help pay the expenses incurred by adding service on Friday evenings
from 5:00 p.m. to 10:00 p.m. and six hours of service on both Saturdays and Sundays.
GalaVan projects that salaries and operating costs of vehicles will be $14.00 per hour, which
totals $21,000. The GalaVan Board is also asking United Way for an additional $3,000. They
are counting on voluntary donations from their riders to make up some of the difference as
well.
. Mr. Hayward noted that last year the Commission was given the results of a survey
GalaVan conducted among its riders at that time. The survey was written by an MSU civil
engineering student, as a class project, to determine if expanded hours were desirable; and the
range of numbers from that survey are significant according to Mr. Hayward. GalaVan also
conducted a survey of Belgrade residents. And the results of this survey were amazingly close
to those from the Bozeman survey.
GalaVan now transports 120 plus riders per week from the Belgrade area. The Belgrade
City Council is now giving the GalaVan Board some money, and the Board is planning to go
back to Belgrade to request additional funds as well.
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Mr. Hayward reminded the Commission that they have up to a one-mill levy that they
can assess this fiscal year. GalaVan is hoping to keep the cost down to $3.00 per ride, and
they believe enough people will want to ride on the weekends and Friday evenings to make it
feasible.
GalaVan wants to hire several more drivers to cover the additional hours. Mr. Hayward
indicated that supervision might be a concern since these employees would be working hours
when the office is closed, but they have a plan in place to hopefully prevent any problems.
. The GalaVan Board is planning to have two or three drivers on the weekend, with one
additional driver for Friday evenings.
Mr. Hayward noted that seniors and disabled individuals are anxious to attend evening
events and special programs. He mentioned that several groups have asked GalaVan for help
driving people to church on Sundays; however, because of federal funding issues, it isn't
possible for GalaVan to provide riders for that single purpose.
Commissioner Brown inquired as to any projections of ridership on the weekends. Mr.
Hayward responded that he believes 360 will be the maximum. GalaVan will be adding roughly
30 hours service, so they will need to carry about 12 passengers per hour. Their survey
indicated that Saturday will be the most popular day. He cautioned that increased ridership
does not happen overnight; the first step is to offer the expanded service and, as word
spreads, ridership will increase. When they started the Belgrade routes, there were only 8 to
12 riders. Now they carryover 30 riders per day from Belgrade.
Responding to a question from the Commission, City Manager Johnson replied that if
the Commission decides to levy the mills, no additional direction is necessary; and it will be
included in the final budget for Commission consideration.
Mr. Hayward told the Commissioners that the GalaVan Advisory Board is active and
strong, and he has served on that Board for five years. He noted that several social service
. agencies have become involved, and Montana State University has representation on the Board
as well. He noted that if anyone from the City wants to be on the Board, GalaVan would
welcome their involvement.
Commissioner Smiley indicated that she would be interested in becoming a member of
that Board. Mr. Hayward informed her the Board holds its meetings on the third Thursday of
each month at noon at the Senior Center.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to appoint
Commissioner Smiley as the Commissioner Liaison to the GalaVan Advisory Board. The motion
carried by the following vote: those voting Aye being Commissioner Brown, Commissioner
Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No,
none.
A straw poll vote was taken among the Commissioners to levy the full mill for GalaVan.
All Commissioners agreed.
Appointment of Commissioner liaison to the Victim Witness Board
. Mayor Youngman reminded the Commissioners that they forgot to assign a liaison to
the Victim Witness Board. She indicated that she has been attending these meetings, and she
would continue to do so if no one else was interested in attending. Commissioner Brown
indicated his willingness to be the liaison to this Board.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to appoint
Commissioner Brown as Commissioner Liaison to the Victim Witness Board. The motion
carried by the following Aye and No vote: voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No;
none.
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ADDroval of Recreation and Parks Advisorv Board's award of Darkland develoDment funds for
Fiscal Year 2000-2001. as forwarded in memo dated Januarv 27
Included in the Commissioners' packets was a
memo from James Goehrung,
Superintendent of Facilities and Lands, and the minutes of the January 26, 2000 meeting of
the Recreation and Parks Advisory Board, at which the Board recommended recipients for
parkland fund awards.
. Superintendent Goehrung explained the process involved with awarding the $75,000
in parkland funds which are included in the annual CIP budget. This is the third year of the
program, and the Board received requests totaling over $164,000. The Board met in early
January and made their recommendations for awarding the $75,000.
Commissioner Frost asked several questions for clarification. As he recalled, both the
Bronken Sports Complex and the Skate Park were supposed to be volunteer-driven programs.
He wanted to know what was going on with these two parks since the groups are not doing
what they had previously agreed to do. He indicated that he does not want to see this
continue, noting that awarding money to parks that were supposed to be self-sustaining is
taking money away from other parks and projects in the city.
Superintendent Goehrung replied that the Board looks for an in-kind 50 percent match.
In some instances, there is a much higher dollar match; and the Board is inclined to
acknowledge that and help those groups out. Commissioner Frost responded that if the group
had come to the Commission and stated that they wanted one-half of the costs to create
Bronken Park, he isn't sure the Commission would have approved it.
Superintendent Goehrung stated that the parkland development money does show up
on the CIP. Technically it can be argued that the Commission has already agreed to provide
those funds, and it should be up to the Board to decide how these funds are spent. There
. were a number of Board members who felt slighted; they thought they were the ones to make
the decision on how those monies were appropriated. Superintendent Goehrung then asked
for direction as to how to handle this process.
Anne Banks, member of Recreation and Parks Advisory Board, serving her third term on
that Board, stated that it was their understanding that it was the Board's task to make the
decisions on the allocation of these funds. Regarding Bronken Park, she noted that Brian Troth
has done a fantastic job getting funding and volunteers, and committing his own time to do
this project. The match is far beyond the $24,000 the Board is asking for. Ms. Banks
reminded the Commissioners that Park Foreman Dingman asked to have the land reconditioned
before the fields are built. The sand for this project has been donated and trucking that sand
is the issue in the proposal.
Board member Banks stated she believes that the purpose of the $75,000 matching
funds is very well met by the organizations using them. Knowing this money is available
enables organizations to get more in-kind and volunteer donations. The Board feels it is a pity
to cross these organizations off the list because they said they were going to do the volunteer
work.
Commissioner Kirchhoff stated that Bronken Park was used as a carrot; a major piece
of the Valley West annexation. The people who started the idea of Bronken Park used it in a
. political fashion, and the park was promised to be up and ready two years ago.
Ms. Banks reminded the Commission that the Bronken Park project is taking so long
because of self*contradictory decisions by the Army Corps of Engineers regarding the
wetlands. This is definitely a City park and should be treated like one regardless of the
baggage it brings.
Commissioner Smiley noted that this project has grown and so have the costs. She
stated that these volunteers have pulled together to have lots of things and money donated.
She questioned why these folks shouldn't apply for these funds since they are offered to
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everybody. She also noted that this is a huge project, and projects of this magnitude take a
lot of time to come together.
Superintendent Goehrung stated that Bronken Park will not be a formal City park until
the improvements are done, and the City accepts it. West Babcock Park was a volunteer
effort which the City is paying for now because the grass was planted and ground leveled
without proper conditioning of the soil. Problems with that park now include rocks migrating
up, grass being matted, and poor water retention.
. Commissioner Smiley stated the Commission needs to make it more clear that the
boards are part of the City system and that they are working on projects for the City and
Commission. She feels the members are operating pretty much alone and are not connected
to the Commission, which is why the Commissioner liaisons need to attend board meetings.
She stated the Commission needs to sit down and have a session to clarify its role and board
roles.
Commissioner Frost indicated that the boards don't make the final decisions; rather, all
decisions need to come before the Commission to be approved.
Board member Banks replied that the Recreation and Parks Advisory Board members are
aware that they are an advisory board; and in this case, they were given a particular task,
which was to make the final recommendation for allocation of these funds. She noted that the
Board doesn't want to be engaged in a turf battle with the Commission.
Mayor Youngman stated that she is personally comfortable with the way things are
currently being done, noting that major items need to come before the Commission. She is
also happy with the boards doing the research before making their final decision, and her
preference is to let them continue as they have in the past.
. Commissioner Smiley concurred. She said it is important for the Commission to make
sure they get the minutes from all of the boards. The Commission has liaisons going to the
meetings, and the other Commissioners need minutes from those meetings so they can know
what is going on in the City system.
Commissioner Smiley voiced her opinion that the Commission should leave the allocation
process as it is now.
Commissioner Kirchhoff stated he is comfortable with placing this type of issue on the
Consent Agenda, noting that if any Commissioner has a question, it can be pulled for
discussion. The other Commissioners concurred.
Commissioner Frost thanked the Recreation and Parks Advisory Board members for all
their years of hard work. He recognized that the Commission gets good advice from this Board
and the other boards, and he never had a conflict with their recommendations. He also stated
that he wants it clearly understood that he is not finding fault with this Board. However, he
noted, when City monies are involved, the Commissioners are the guardians of the purse
strings.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to
approve the Recreation and Park Advisory Board's recommendation for award of Parkland
. Funds for Fiscal Year 2000-2001, as contained in the memo dated January 27. The motion
carried by the following vote: those voting Aye being Commissioner Smiley, Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No,
none.
Joint City-County appointment to Board of Health
Included in the Commissioners' packets was a letter from Stephanie Nelson, Health
Officer of the Gallatin City-County Health Department, forwarding their recommendation for
the joint City/County Board of Health appointment. They recommended the appointment of
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Mark Cechovic, who will add the practical experience and expertise in hydrogeology or geology
that is lacking on the current Board.
Assistant City Manager Brey noted that the City Attorney recommended Mayor
Youngman check out Mr. Cechovic's references because his resume indicated significant
involvement with the solvent site clean-up. Mayor Youngman suggested the Commission hold
this appointment for two weeks because she hasn't had an opportunity to do any checking
yet.
. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that
action on this item be tabled until the February 22, 2000 meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
Discussion - Commissioner Droiects
None of the Commissioners had any projects they wished to report on.
Discussion - FYI Items
City Manager Johnson presented to the
Commission the following "For Your
Information" items.
(1 ) Letter from West Babcock Street County Landowners Association regarding the
possible acquisition of a portion of their land for the proposed improvements to West Babcock
Street.
. (2) Letter from Montana Municipal Insurance Authority requesting feedback from
members of its insurance programs regarding their plans to construct an office building on 1.1
acres within the city limits of Helena.
Commissioner Frost asked if the City needs to approve the proposed building plans; City
Attorney Luwe responded that it does not. He noted, however, that if the Commissioners
have any comments or concerns about this proposed building project, he will pass them along
to MMIA.
(3) Letter from Chandler Dayton, dated
February 7, 2000 regarding the
"inappropriate start of the Cupola Project".
(4) Memorandum from Stacy Johnston, Gallatin County Commission secretary,
regarding proposed dates for joint City-County Commission meetings.
(5) Copy of Times magazine article, dated January 31, 2000, entitled, "8ag Those
Beams", submitted by Commissioner Frost.
(6) Commissioner Brown inquired about an offer to donate land to the City. Mayor
Youngman replied that the property in question is not being donated; it was an offer to sell.
. Commissioner Smiley said she has been approached about a piece of property south of town
that may be available.
(7) Mayor Youngman suggested that since there is always confusion between
Commissioner Projects and FYI Items, the two agenda items be combined. Commissioner
Smiley suggested that the agenda item name be changed to identify contributions from staff
members as well as Commissioners. All of the Commissioners concurred, and the Clerk was
directed the change the name.
(8) Commissioner Frost asked the City Manager if he has received any response from
Sundance Springs. City Manager Johnson replied that Sundance Springs had responded back
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and both the property owner and the City are concerned with an open-ended contract. There
is also concern over the cost of relocating the stream, specifically the costs of restoration and
revegetation. He noted the decision will be made by a third party, and it is expected a
decision is going to be made on February 17. After that, the City will have a much better feel
for the costs involved. He stated the developer based the sales price on rehabilitation of the
stream, and wants the City to help share in that risk. The City doesn't want to assume that
risk until the total relocation costs are known.
. (9) Commissioner Frost asked the City Manager about improvements to West
Babcock Street, noting that the County has talked to all the landowners, and the landowners
are apparently willing to talk about sales. The City Manager responded that it is a Commission
decision; Commissioner Frost requested this item be added to the agenda as soon as possible.
(10) Commissioner Frost noted that City Manager Johnson sent the Commissioners
a memo on February 2, 2000 asking if they wanted to be included in the process of redefining
the City's overarching goals, and asked what kind of leadership is being sought from the
Commission.
The City Manager noted that staff initially developed the vision, mission and overarching
goal statements and believe they accurately depict the City's philosophies. He stated,
however, that staff will be revising them and asked if the Commissioners wish to be included
in the process. The Commissioners all agreed the next time the goals are rewritten or revised,
they would like to be included in that process.
(11 ) Commissioner Frost asked if staff has had an opportunity to look into an
ordinance prohibiting the use of cell phones while driving. City Attorney Luwe responded that
he will add that item to the task list; however, it will be a low priority item. City Attorney
Luwe indicated staff will conduct research regarding what has been upheld by the courts in
the past, and they will bring back an ordinance in some format for the Commission to review.
. Commissioner Kirchhoff wanted to make sure that research includes an analysis of the costs
incurred by the Police Department to enforce such an ordinance. City Attorney Luwe
responded that his staff will check with the Police Department to come up with some sort of
enforcement analysis, and they will provide that information as well.
( 12) Commissioner Frost questioned if the City wants to look into a charter form of
government or self-government powers under the current form of government. The
Commissioners all agreed to direct staff to look into it.
(13) Mayor Youngman reported that the application for two VISTA volunteers has
been sent it. Mayor Youngman also acknowledged that she has signed one grant for the
Victim Witness program, and there is another big one coming up that will require a Commission
vote. She suggested the Commission hold a special meeting on February 14, 2000 to act on
both the Victim Witness grant and the appointment of a member to the City-County Board of
Health. All Commissioners were in agreement.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to reconsider
tabling the appointment of a member to the City-County Board of Health. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No.
none.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to set the
date of February 14, 2000 for a special meeting of the Commission to make the appointment
of a member to the City-County Board of Health. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
(14) City Manager Johnson reported that he has been asked to attend three meetings
to give the City's input regarding the selection of a new Montana State University president.
He indicated that he would like some Commission input on this issue.
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Commissioner Smiley noted that when she has met with the Museum of the Rockies
personnel, they don't seem to have a good sense of running the University like a business,
stating she feels the next president should have a good business or marketing sense.
Commissioner Brown stated it is critical the City has a good working relationship with
the University. There are a lot of critical issues upcoming that involve the university as well
as the City. Commissioner Frost agreed with Commissioner Brown's statement.
. Mayor Youngman suggested the University look for someone who can support the
community rather than be isolated from it. She noted the college community can be very
helpful if they would just become involved with the community at large.
( 15) City Manager Johnson announced that the City has hired a new GIS coordinator,
Jon Henderson. He indicated that they will be attending the GIS and Local Government
Conference on March 13, 14, 15, and 16. City Manager Johnson notified the Commission
that he and Assistant City Manager Brey will be attending meetings on April 17 and 18, as
well.
( 16) Assistant City Manager Brey stated that he, Administrative Services Director
Gamradt and Clerk of the Commission Sullivan are meeting with the Downtown Bozeman
Improvement District Board regarding the downtown proposal. There have been a few minor
glitches which can be easily remedied, and the committee is meeting later this week to iron
out some of those.
(17) City Attorney Luwe reported that Staff Attorney Tim Cooper attended the MMIA
meeting with law enforcement officials from throughout the state, at which they drafted model
law enforcement policies that MMIA will now refine and distribute to communities to hopefully
help control lawsuits. MMIA is trying to reduce liability, particularly for small communities.
City Attorney Luwe remarked that the rest of the country is watching us; we are going to be
a model.
. (18) Commissioner Kirchhoff stated that he will be out of town for the February 14
Commission meeting.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3347 - authorize City Manaaer to sian Change Order
No.4 for Oak Street. North 7th Avenue to North Rouse Avenue - JTL
GrouP. Inc.. Belarade. Montana - add $2.428.80 and 0 calendar days
COMMISSION RESOLUTION NO. 3347
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH
JTL GROUP, INC., BELGRADE, MONTANA.
Authorize City Manaaer to sign - Amendment No. 1 to Professional Services
. Agreement for SID No. 665 (Northwest Waterline) - Gaston Enaineering
and Surveying
Acknowledae receiPt of appeal of decision of Impact Fee Review Committee -
Bockhahn Construction for Carson Place Townhouses (corner of West
Babcock Street and South 13th Avenue); set hearina date for Februarv 22
Appointment of Commissioner Brown and Commissioner Frost to sub-committee
to review Pled oed Securities as of December 31. 1999
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Commission Resolution No. 3348 - intent to vacate east/west allev in Block
19. Capitol Hill Addition. Iyina between north/south alley and South 6th
Avenue: set public hearina for March 6
COMMISSION RESOLUTION NO. 3348
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
. VACATE AND ABANDON THE EAST/WEST ALLEY IN BLOCK 19, CAPITOL HILL
ADDITION, LYING BETWEEN THE NORTH/SOUTH ALLEY AND SOUTH 6TH
AVENUE, IN THE CITY OF BOZEMAN, MONTANA.
Commission Resolution No. 3349 - authorize City Manaaer to sian Chanae
Order No. 1 for SID No. 664 (paving of West Beall Street between
North 23rd Avenue and North 25th Avenue) - Bia Sky Asphalt.
Bozeman. Montana - add $2.704.00 and 5 calendar days
COMMISSION RESOLUTION NO. 3349
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
BIG SKY ASPHALT, INC., BOZEMAN, MONTANA.
Authorize City Manaaer to sian - Amendment No. 1 to Professional Services
Agreement with Thomas. Dean and Hoskins. Inc. for Wastewater
Treatment Plant Blower and Digester Proiect
Authorize City Manaaer to sian - Acceptance of Public Street Easement -
Bozeman Partners Limited Partnership - 32.5-foot-wide strip across Tract
1. COS No. 2082 (southeast corner of West Oak Street and North 11th
. Avenue)
Authorize City Manager to sian - Acceptance of Sanitary Sewer. Water
Pipeline and Access Easement Aareement - Bozeman Partners limited
Partnership - 30-foot.wide and 31-foot-wide strips across Tract 1. COS
No. 2082 (southeast corner of West Oak Street and North 11th
Avenue)
Authorize City Manager to sian - Agreement with John Goodman. Sleepv
Hollow Services. for snow removal services
Approve final plat for Aldworth's Rearrangement (aaaregate 9.703 acres
described as Block 24. Electric Heiahts Subdivision. Lot 3. Block 4 of
Graf's First Subdivision. and Tract 1 of COS No. 2015 and rearrange into
three lots) (east side of Sourdouah Road. approximatelv %mile north of
Kaay Boulevard) (P-9925)
Authorize Mavor to sign - Aareement between City and State of Montana
Department of Transportation for Main Street Enhancement proiect
(historic signal liaht standards) rSTPE 16(33)]
. Authorize Mavor to sign - Aareement between City and State of Montana
Department of Transportation for Park Landscapina proiect (SoroPtimist
Park) rSTPE 16(34)]
Award bid for hiah-pressure crack sealina machine for Street Department -
Brock White Company. Eagan. Minnesota - in the total bid amount of
$34.611.00. for base bid and the oPtional tool box. auto loader and
extra hose
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Award bid for two 2000 full-size SDort utility vehicles for the Buildina
InsDection Division - Ressler Motor. Bozeman. Montana - in the bid
amount of $64.242.16
Authorize use of annual leave - City Manager Johnson - Februarv 15 throuah
25. 2000
Authorize use of annual leave - Clerk of Commission Sullivan - Februarv 14
. throuah 18. 2000
Claims
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 Smiley, Commissioner Kirchhoff. Commissioner
Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Recess - 4:25 Dm
Mayor Youngman declared a recess at 4:25 pm, to reconvene at 7:00 pm, for the
purpose of conducting the scheduled public hearings.
Reconvene - 7 :00 Dm
Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting
the scheduled public hearings.
. Presentation re possible livable wage ordinance - Montana PeoDle' s Action
This was the initial work session presentation by Montana People's Action on a livable
wage ordinance.
Ms. Laura Dalton, 201 South 6th Avenue, stated she is a member of the Montana
People's Action, as are all the other speakers. She provided a brief overview of the
presentation, noting that a packet of information will be given to each Commissioner. She
stated that many people in the community work two or three jobs to make ends meet because
there are so many low-paying jobs. She stated that studies, including the Northwest Job Gap
Study dated January 1999, have revealed a single worker in Montana must make $9.02 an
hour and a worker with two children must make $14.80 an hour to meet basic needs. She
stated that 53 percent of the new jobs in Montana pay less than $9.02 per hour.
Ms. Dalton asked that the City enact a living wage ordinance, under which the minimum
salary would be set at $9.00 with health benefits and $9.80 without health benefits. She
noted these salaries would apply to employees of companies receiving subsidies from the City
and those companies who have contracts with the City, with a minimum threshold of $2,500
a year benefit or revenue, and all City employees. She also stressed that this ordinance should
. not negatively affect the workers' rights to organize for collective bargaining.
Mr. Joe Zinner, 113 South Wallace Avenue, stated he lives in the house in which he
was born; and his retirement puts him in the lower middle-income bracket. He stated.
however, he feels it is important to participate in an organization which works for the lower
income, working people in the community. He noted that both parents should not have to
work; rather, one should be able to stay home with the children and paying a living wage
would allow that. He stated that, during the Depression, his father worked 14 hours a day.
6 days a week to support the family; and then devoted his Sundays to the family. He stressed
that there is no excuse for such conditions in today's world, particularly when the media says
the country has "never had it so good".
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Mr. Zinner noted there are people living in cars because they cannot afford a place to
live, particularly when the first month and last month's rent and a security deposit are required.
He expressed concern that Bozeman will become a Vail, Colorado, if steps are not taken to
ensure living wages are paid and concluded by encouraging the Commission to adopt a living
wage ordinance.
Mr. Zac Russell, 227 South Bozeman Avenue, stated he has been a resident of Bozeman
for 18 years. He noted that, for as long as he has lived here, Bozeman has been known for
. its low wages and stressed that one "cannot eat the scenery". He encouraged the elected
officials to establish a living wage, noting the result will be those who do an honest day's work
will be getting an honest day's pay. He also feels City employees should earn enough to stay
above the poverty line. He noted that paying a living wage results in better productivity and
lower turn-over rates than paying a lower wage.
Ms. Alana Mueller, 725 South 7th Avenue, stated she is one of the 58 percent making
less than $20,000 a year while working a full-time job at a business that has received a tax
break. She stressed that Montana is known for its low-paying jobs and has the highest rate
of people working two jobs in the nation. She suggested there is a direct correlation between
low wage jobs and many of today's social problems, particularly in the schools.
Ms. Mueller noted that 40 other communities in the country have adopted living wage
ordinances and asked Bozeman to join those communities. She stated that she cannot afford
many of the necessities in life, citing the fact that she has not been to the dentist in seven
years, yet prisoners receive necessary medical attention. She stated that those businesses
receiving tax breaks need to be held accountable for paying a living wage. She also noted
that, in the instance of Dana Designs, after they received a tax break, they moved their
operations to Mexico; and, as a result, the taxpayers are bearing the costs of those tax breaks.
She further cautioned that those businesses who receive assistance and pay their employees
minimum wage result in a community paying twice since those employees are eligible for
funded programs.
. Ms. Kelly Pollington, 16 Lancelot Lane, stated she works two jobs to make ends meet
without subsidy; and many of her friends also work two or more jobs. She noted that the
living wage ordinance will help to ensure that taxpayers are not being asked to subsidize both
the employer and the employee.
Mrs. Rebecca Dorobis, 1000 North 17th Avenue #234, stated it is wrong to not pay a
living wage, particularly since the result can be a full-time worker on welfare. She noted that,
through the adoption of a living wage ordinance, the Commission will essentially be legislating
morality, which she does not view as wrong. She indicated that she does not work; rather,
she has chosen to stay at home with her children, whenever possible, with her husband being
the sole working parent. She noted that, as a result, after seven years of working in the
community, the family has just broken the $20,000 annual income level. She concluded by
encouraging adoption of a living wage ordinance.
Ms. Bridgette Case, 1012 Sunrise Drive, noted that the country and the world are
encountering the devastating results of downsizing corporations. She stated that in the early
1970s unions were strong; but they are losing their toehold through the downsizing, and
workers have lost their livelihoods. She noted that, despite the nation's strong economic
growth, the gap between the rich and everyone else has widened. She also encouraged the
. Commissioners to recognize the child labor and exploitation of their parents that results from
foreign sweatshops making products sold in the United States.
Ms. Case recognized that the proposed ordinance may not affect a large number of
workers, but it will send a message to the corporations that do business in Bozeman. She
concluded by encouraging the Commission to join the other 40 communities who have adopted
a living wage ordinance.
Ms. Lynell Morrison-Nelson, 201 South 9th Avenue, stated she has lived in Bozeman
most of her life. She noted that, 28 years ago, her babysitter was a single mother who also
worked as a secretary at the University and as a desk clerk at a local hotel, in an effort to
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make ends meet. She noted that she now has friends and neighbors who "have no life outside
work", in an effort to support themselves. She stated the result is a loss of fabric in the
community. She forwarded her position that someone working a 40 hour week should make
a living wage, noting that the result will be more monies spent in the local economy. She
concluded by distributing packets of information to the Commissioners.
Responding to Mayor Youngman, the Commissioners indicated a desire to delay
discussion and a decision until after they have had an opportunity to review the information
. submitted.
Commissioner Smiley requested that this item be placed on next week's work session
for discussion; a majority of the Commissioners concurred.
Responding to questions from the Commissioners, City Manager Johnson stated that
staff has identified approximately 38.4 full-time equivalent positions out of the City's 312
positions, including seasonals, that are paid less than $9.00 per hour and estimated that it
would cost $100,000 annually to bring those positions up to that level. He cautioned that, to
raise the entire scale would result in costs approaching $1.5 million and noted that adoption
of a living wage ordinance could make upcoming negotiations a little more difficult.
Mayor Youngman requested a list of those businesses that would be impacted by the
proposed ordinance because of tax breaks or grants or loans through the City's programs.
Commissioner Kirchhoff asked if the City is having difficulty in attracting and retaining
entry level staff because of the wages, noting that the additional costs of hiring and training
people must be taken into consideration. The City Manager aCknowledged that is true. He
noted that it is difficult to obtain and retain seasonal workers in the Parks Department because
those individuals can now work in construction jobs at significantly higher pay. Also, he noted
it is difficult to attract entry level clerical personnel.
. Mayor Youngman requested that further discussion of this issue be added to next
week's work session.
Public hearing - Maior Site Plan for Stadium ADartments - Stadium LLC for Mountain SDrinQs
Ranch North Associates - allow construction of 19-unit three-story apartment buildina on Lot
10-C. Amended Plat of Lots 10 and 11. Tai Lane Addition ( 1 225 West Kagv Boulevard)
(Z-99157)
This was the time and place set for the public hearing on the major site plan for Stadium
Apartments, as requested by Stadium LLC for Mountain Springs Ranch North Associates under
Application No. Z-99157, to allow construction of a 19-unit three-story apartment building on
Lot 10-C, Amended Plat of Lots 10 and 11, Tai Lane Addition. The property is more commonly
known as 1225 West Kagy Boulevard.
Mayor Youngman opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She noted the property to
the north is zoned R-4 and is the site of University Village Apartments and Resurrection Parish;
to the east is the BOCA LLC professional office building, currently under construction; to the
. south is zoned R-O, the proposed site of Stadium Center professional office complex; to the
west is zoned R-S and is a large parcel containing a single family residence. The Development
Review Committee has reviewed this proposal in light of the criteria and recommends approval,
as does Planning Staff, subject to the conditions outlined in the staff report.
Assistant Planner Berger reported that Gene Cook has contacted the applicant, and the
two of them are working out an agreement for improvements previously installed.
Commissioner Frost asked if the parking requirements were based on zone code or
based on the number of bedrooms. Assistant Planner Berger replied that the number of stalls
is based on the current ordinances, and recognized the result may be a parking shortage.
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Mr. Phil Rotherham, applicant, addressed the Commission, citing Planning staff's
support for this project. He then noted that he concurs with the staff report and all of the
recommended conditions, stressing that he is requesting no variances. These units will be
right on the doorstep of the University and have been designed for students.
Don Kreitz, 2001 Fairway Drive, reminded the Commissioners that there is a lot of
activity on Kagy Boulevard, and the subject of traffic will come up eventually. The future of
Kagy Boulevard will be traffic, traffic, traffic. He asked the Commissioners to take that into
. consideration before making their decision.
Nick Mayhan, 720 Cheery, Belgrade, spoke on behalf of his father-in-law who lives on
Kagy Boulevard. He acknowledged that they are in the donut area and, therefore, have no
rights, but they are concerned about the future of their property values. Mr. Mayhan reminded
the Commissioners that traffic on Kagy Boulevard is ever increasing and during Cat/Griz game
days the area encounters significant traffic and parking problems. Mr. Mayhan stated their
concern is about zoning, since the rest of block is zoned R-S and this is property is zoned
R-4.
Mr. Rotherham readdressed the Commission is an attempt to respond to Mr. Mayhan's
concerns, noting this property is zoned R-4 and was when this project was initiated. He stated
that the Montana Department of Transportation has planned some improvements to Kagy and,
in fact, some of those improvements are in place. The applicant also noted that they have
agreed to sign a waiver of right to protest for improvements, including stop lights at Kagy
Boulevard's intersections with both South 19th and South 11 th Avenues.
There being no Commissioner objections, Mayor Youngman closed the pUblic hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that
construction of a 19-unit, three-story apartment building, known as Stadium Apartments at
1225 West Kagy Boulevard, be approved subject to the following conditions:
. 1. A Stormwater Drainage and Grading Plan for a system designed to remove
solids, silt, oils, grease, and other pollutants from site runoff must be
provided to and approved by the
City Engineer. The plan must
demonstrate that adequate site drainage will be achieved by providing
sufficient spot elevations and flow direction arrows and identifying the
ultimate discharge destination. Stormwater retention/detention basin
details including basin sizing and discharge calculations,
discharge
structure details and basin side slopes (typical sections) shall be provided.
The extent of each drainage area and all drainage divides shall be clearly
identified. A stormwater facility maintenance plan which addresses
maintenance operations, frequency of inspection
and maintenance
functions, responsible parties and record keeping shall also be provided.
2. Plans and Specifications for any fire service line must be prepared in
accordance with the City's Fire Service Line Policy by a Professional
Engineer (PE), and be provided to and approved by the City Engineer prior
to initiation of construction of the fire service or fire protection system.
Both the fire service and the domestic service must be connected to the
G-inch looped water main serving the University Village Apartments to the
. north. The applicant shall also provide professional engineering services
for construction inspection, post-construction certification,
and
preparation of mylar record drawings.
3. All existing utility and other easements must be properly shown on the
final site plan. The location of existing water and sewer mains shall be
properly depicted, as well as all fire hydrants within 500 feet of the
proposed structure. Sewer and water services shall be shown on the final
site plan and approved by the Water/Sewer Superintendent. All sewer
and water appurtenances, including the water service curb box, must be
shown on the final site plan and final landscaping plan. The applicant
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must complete City of Bozeman applications for service and pay estimate
fees at the Building Division. Once completed, the sewer and water
service line stubs will be installed to the City standard location by the City
of Bozeman Water/Sewer Department. Further extension of the water and
sewer service lines into the building will be the responsibility of the
owner. The location of the water meter, with approved back-flow
protection inside the building, must be approved by the Water/Sewer
Department.
. 4. City standard sidewalk shall be installed and properly depicted at the
standard location Le., 1 foot from the property line, along the north side
of Kagy Boulevard adjacent to this development. The sidewalk shall be
continued through the drive approach. Any necessary drainage facilities
required to accommodate this sidewalk shall also be installed. Sidewalk
improvements shall be completed prior to occupancy of the building. The
elevation of the sidewalk shall match the existing centerline elevation of
Kagy Boulevard.
5. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer. Concrete curbing shall be provided around the entire new
parking lot perimeter and adequately identified on the final site plan.
6. The Montana Department of Fish, Wildlife & Parks, SCS, Montana
Department of Environmental Quality and Army Corps of Engineers shall
be contacted regarding the proposed project and any required permits
(Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final
site plan approval.
7. The applicant shall provide and record with the County Clerk and
. Recorder's office executed Waivers of Right to Protest Creation of SID's
for the following:
a. Street improvements to Kagy Boulevard including paving,
curb & gutter, sidewalk and storm drainage facilities;
b. Intersection improvements to Kagy Boulevard and South
19th Avenue including signalization;
c. Intersection improvements to Kagy Boulevard and South
11 th Avenue including signalization;
d. Water system trunk main improvements require
d to
complete the master planned 24 inch loop between
Remington Way and Lincoln Road in South 19th Avenue.
The document filed shall specify that in the event SID's are not utilized for
the completion of these projects, the property owner shall agree to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by
. square footage of the property, linear footage of the property, taxable
valuation of the property or a combination thereof.
8. Adequate snow storage area must be designated outside of the sight
triangles, but on the subject property (unless a snow storage easement is
obtained for a location off the property and recorded with the County
Clerk and Recorder's office).
9. Drive approach sight triangles shall be free of plantings which at mature
growth will obscure vision within the sight triangle.
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10. Written verification that the proposed access onto Kagy Boulevard
complies with MOoT's resolution for the street must be provided prior to
final site plan approval.
11. For City of Bozeman garbage collection service, the trash enclosure
location(s) and detail(s) shall be approved by the City Sanitation
Department prior to final site plan approval. For private garbage collection
service, a copy of the proposed final site plan showing the enclosure
. location(s) and detail(s) shall be submitted to the private company for its
review and approval. A copy of the proposed final site plan which has
been approved and signed by a representative of the private company
shall be included with the final site plan submittal.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor
Youngman; those voting No, none.
Public hearina - Variances from Sections 18.50.120.F.1 and 18.24.040.B. Bozeman Municical
Code. to reduce carkina scaces from 2.2 to 1.5 cer acartment in Phase III and from 2.2 to 1.7
Der aDartment in Phase I. and reduce reauired square footaae Der unit from 600 to 464 sauare
feet in Phase III - Farmhouse Partners for Farmhouse ADartments. 777 Haggertv Lane
(C-9922)
This was the time and place set for the public hearing on three variances for the
proposed Farmhouse Apartments, Phases I and III, as requested by Farmhouse Partners under
Application No. C-9922, from Sections 18.50.120.F.1 and 18.24.040.B of the Bozeman
Municipal Code, to reduce parking spaces from 2.2 to 1.5 per apartment in Phase III and from
2.2 to 1.7 per apartment in Phase I, and reduce required square footage per unit from 600 to
464 square feet in Phase III. The subject property is known as the Farmhouse Apartments,
. located at 777 Haggerty Lane.
Mayor Youngman opened the public hearing.
Urban Designer John Sherman presented the staff report, reviewing each of the three
variances being requested. He noted the first two pertain to the parking requirements for
Phases I and III while the third one pertains to the square footage of the units in Phase III.
Planner Sherman reminded the Commission these are additional affordable housing units
in an existing development. Most of the 28 units to be constructed in this phase are one-
bedroom units; and they are restricted rent and restricted income apartments. Staff has
reviewed this application in light of the criteria set forth in the zone code, and staff's
comprehensive findings are contained in the written staff report. He briefly summarized those
findings and forwarded staff's recommendation for approval, subject to the condition outlined
in the staff report.
Mr. Dab Dabney, Farmhouse Partners, addressed the Commission on their behalf,
reminding the Commissioners that he has spoken to them before regarding parking
requirements at other similar projects. Farmhouse Partners has found from the history of other
units in both Gallatin and Madison Counties, that one bedroom units usually require only 1.2
. parking spaces per unit. Because the tenants must meet the income restriction guidelines,
some of them do not own cars. Mr. Dabney assured the Commission the smaller units will still
be very nice, with all amenities of the larger one bedroom units; just smaller to make them
more affordable. Twenty of the units must be rented to people earning less than $15,000 per
year. Farmhouse Partners acknowledges there is a critical shortage of one bedroom units in
Bozeman, and they are trying to meet that demand.
Urban Designer Sherman stated that to date the City has received two letters opposing
this project; both were included in the Commissioners' packets.
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Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
Commissioner Frost concurred with staff findings for these variances, stating he feels
they meet the criteria for granting variances.
Commissioner Smiley expressed her appreciation to Mr. Dabney and his partners for
bringing in 200 units of affordable housing to Gallatin and Madison Counties.
. Commissioner Brown concurred there is a need for affordable housing in Gallatin
County, and these units help meet some of this need.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to grant
approval of variances from Sections 18.50.120.F.1 and 18.24.040.B of the Bozeman Municipal
Code, to reduce parking spaces from 2.2 to 1.5 per apartment in Phase III and from 2.2 to 1.7
per apartment in Phase I, and reduce required square footage per unit from 600 to 464 square
feet in Phase III, subject to the following condition:
1 . The applicant shall apply for a Conditional Use Permit and a Minor
Subdivision application within six months.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Public hearing - Emerqencv Interim Zoning Ordinance No. - amending interim zoning
ordinance to Drovide for limit on size of structures housina individual retail businesses
This was the time and place set for the public hearing on Ordinance No. ~, as
. approved by the City Attorney, entitled:
ORDINANCE NO.
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA, AMENDING THE INTERIM ZONING
ORDINANCE, AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1500 AND AS
EXTENDED BY ORDINANCE NO. 1509, TO PROHIBIT USES OF WHOLESALE OR
RETAIL STRUCTURES THAT ARE GREATER THAN 50,000 GROSS SQUARE
FEET.
Mayor Youngman opened the public hearing.
Planning Director Epple presented an overview of this ordinance, which was drafted by
staff per Commission request. The purpose of an urgency interim ordinance is to protect the
public health, safety, and welfare, or to address potential land usage that would be in direct
conflict with contemplated codes being further developed. This particular ordinance would
limit structures housing individual retail businesses larger than 50,000 square feet. He
concluded by noting that an emergency interim zoning ordinance can be enacted for up to six
months and can be extended for two one-year periods.
. Because of the number of people in attendance, Mayor Youngman imposed a three-
minute time limit on the speakers. She also asked that people in the room rotate out to allow
others to enter the room to testify.
Mr. Joe Sabol, attorney representing WalMart, having stated he was present to protect
the rights of WalMart during this hearing, gave a very lengthy presentation during which he
stated that WalMart opposes this ordinance. He also presented the Commission with petitions
containing over 4,000 signatures of those who oppose this ordinance.
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Mr. Sabol reminded the Commissioners that this is serious business because it takes
away property rights that have existed since zoning in Bozeman began. He expressed his
opinion that this ordinance is bad public policy and bad consumer policy, as well as being bad
for the entire trade area.
Mr. Sabol also presented to the Commission a list of community efforts that WalMart
supports, as well as the tax contributions it makes annually.
. If the Commission adopts this ordinance, Mr. Sabol said he, on WalMart's behalf, will
initiate a referendum which will allow the public to vote on this issue in either June or
November. Mr. Sabol stated he is certain he will be able to get signatures from 15 percent of
the registered voters in the last election, which is the number necessary for a referendum.
Don Kreitz, 2001 Fairway Drive, stated his main concern is about growth-related
ordinances. He is particularly interested in the WalMart issue and the size of box stores. He
said he isn't too impressed with the size of the box but is curious about what is in the box.
In his opinion the WalMart issue is about money and greed. Mr. Kreitz said all he is interested
in is an improved quality of life in Bozeman and making this a better place to live.
Dane Gamble, 13 Hitching Post Road, stated he is a businessman within the city limits.
He noted that at Monday's meeting, Mr. Jim Pepper said "we must trust each other; and if we
don't have trust in the planning process, we can't go forward;" and trust begins with
information accurately attained and reasonably presented. He said he takes issue with
Commissioner Kirchhoff's article in the Bozeman Chronicle, an article that certainly didn't build
public trust. Mr. Gamble told the Commissioners he has been to Cub Scout pack meetings,
church functions, and participated in numerous local activities and has seen both big box
people and downtown people at these same functions. He concluded by noting that people
make a community, not brick or cement block.
Charles Totten, 318 South Tracy Avenue, and owner of Sweet Pea Cate, said WalMart
. won't impact what he does. He noted that he has been through this process; it took five years
to get a liquor license. He believes the process is important, and WalMart should go through
the same process as anyone else. He further believes that anything that happens quickly
needs to be slowed down to clearly see what the bottom line is; and concluded by observing
that this ordinance is about Bozeman and those who work here and those who are downtown.
Michael Moore, 703 South 5th Avenue, a substitute teacher and musician, stated he
was here to support the interim measure. There are lots of figures and numbers flying around,
and it is prudent for the Commission to take its time and make a prudent decision.
Dan Cruson, representing Safeway, noted this is a sensitive issue for the City of
Bozeman. Speaking for Safeway, he stated they would like to someday relocate in this area.
The best store for Safeway and the best value to its customers is a 55,000 square foot store,
so Safeway is against this emergency ordinance. He stated that Safeway doesn't necessarily
welcome WalMart, but does support their right to expand their store.
David Smith, Director of the Chamber of Commerce, stated he has received 18 letters,
17 of them in opposition. He reminded the Commission the 1990 Master Plan calls for
Bozeman to be a regional trade center; and the city needs businesses in order to be a trade
center. He noted that he moved from the Boulder, Colorado area, which is also a regional
. trade center and has a successful downtown, the first pedestrian mall, a most successful
regional mall, and quite a few big box stores. He noted that they have found all can exist in
harmony; each one carving out its own niche. Boulder also encourages growth within its city
limits. He then noted that other communities around the country, including Fort Collins,
Colorado, have adopted a smart growth ordinance to limit big box stores.
Mr. Smith continued, saying earlier plans called for putting a moratorium on further
development on North 19th Avenue to ensure that development of this new corridor to the
community was in line with the City's vision for that entryway, which the Chamber supported
at that time. He cautioned that, in his opinion, it is not the big box stores that will impact
existing businesses in the community, rather, it is the catalog and Internet sales.
02-07-2000
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David Smith concluded his presentation by stating that the Chamber's position that
including an arbitrary size in the ordinance would be bad; rather, he suggested that the
Commission should take time and look at the issue more carefully. He noted that, if the
Commission wants a moratorium during that time, it should adopt one; however, he noted the
City should support business growth. As a result, he forwarded his opposition to this
ordinance.
Greg Metzger, owner of Montana Furniture Industries and Montana Furniture Galleries,
. voiced his opposition to the ordinance as proposed. He is very happy to compete with
WalMart, and noted competition is what makes this country great. He doesn't want the
Commission to take the responsibility for competition away from the business owners,
particularly since free enterprise is central to this country's freedoms. Mr. Metzger said the
Commission intent is right, but he urged them to make sure the public is indeed behind this
issue.
Vito Quatraro, 24 South Willson Avenue, stated he attended last week's session and
felt there were some interesting points presented. The video stressed the community should
be brought together, and ordinances should be drafted in cooperation with the community.
Mr. Pepper talked about not instituting smart growth through regulation, rather through
cooperation and creativity. He characterized the big box ordinance as a knee-jerk reaction, one
that is dividing this community. Mr. Quatraro agreed there is a need for good planning
measures, but this isn't it.
Jeff Reising, 115 Graf Street, said he moved into the city limits a year and a half ago,
and he now pays 50 percent higher taxes than he paid in the county. If more restrictions will
equal less property tax revenue, then property taxes will increase. The Commissioners need
to make it easier for people to live in the city, not more difficult.
Don White, attorney representing the Westlakes, reminded the Commissioners that
annexation of the Westlakes' property between WalMart and the Old Pea Cannery is currently
. underway. He noted that City staff does a good job with the review process; it is a good idea
to examine and fine tune ideas, but he encouraged the Commissioners to not "fix something
unless it's broken". He recognized that a valid reason for proposing this size cap is to protect
the infrastructure; however, he noted that the impacts from a single-tenant building of 60,000
square feet may be less than the impacts of a number of smaller stores in a mall area.
Chandler Dayton, 716 East Peach Street, noted the problem with the current zoning
ordinances is there is no enforcement authority in Bozeman to enforce them. She asked the
developers who are here protesting this ordinance to think about what they can give back to
this community, noting there is an incredible opportunity for pocket wildernesses, parks, and
trails. She admonished everyone to think carefully about what they want this community to
be. Now is the opportunity to make it whatever the citizens want it to be.
Nicolai Cocergine, Butte, Montana, representing the United Workers' Union No.4, spoke
in support of this ordinance. Citing a survey and letter from a senior citizens group in Nevada,
he stated that WalMart doesn't want to play fair and, in fact, their prices go up rather than
down. Also 500,000 WalMart employees do not have insurance, either because they cannot
afford it or because they cannot participate in the plan. He then cited several different articles
regarding WalMart and how it treats its employees and concluded by encouraging adoption of
this ordinance.
. Barry Methine, 115 South 3rd Avenue, characterized himself as a working man with four
children who shops where he can get the best deals, including both WalMart and the
downtown stores. He asked the Commissioners to think about the jobs WalMart's expansion
is going to create, and the people who will be retained in this area, and noted that competition
makes better business. He feels the downtown stores have their niche; they are specialized;
they serve a definite purpose.
Jerry Perkins, 511 North Wallace Avenue, owner of Karst Stage, stated Commissioners
are not elected to be the "keepers of the gates for business", except through the building and
zoning codes. The free enterprise system is still at work in America, and it should be the
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business's decision to locate in Bozeman. He voiced concern that adoption of this ordinance
could lead to adoption of other ordinances further controlling businesses, and stated that
competition is good for all businesses and is great for consumers. He concluded by stating he
is opposed to adoption of this ordinance.
Dave Johnston, 1006 Brentwood, KMMS radio, stated there are a couple of things
about this ordinance that are frustrating, and he is here speaking on behalf of his listeners who
can't be here tonight. He voiced his opposition to the ordinance, noting there is no
. emergency. He also wanted to know why Bozeman is being compared to east coast towns
where the mean income is $90,000. Mr. Johnston characterized smart growth as infill and
controlling the current city limits. He noted that Bozeman is a great place to live, and
suggested the Commission should strive to manage big box stores by requiring contributions
to a regional park and other things the community desires. He concluded by noting that if the
citizens of Bozeman didn't want WalMart here, they wouldn't shop there.
Joanne Eaton, member of the City Planning Board, announced that the Planning Board
is holding an open meeting on Wednesday night and invited everyone who is concerned with
Bozeman's growth to come to the meeting and voice their expectations for Bozeman's future.
The meeting will be held at 7:00 pm in the Bozeman High School cafeteria.
Steve Kelly, 4750 Jordan Spur Road, told the Commissioners that his neighborhood is
part of the last emergency interim ordinance the County enacted. Looking at the emergency
ordinance as a tool, he thinks the City is wise to take its time and utilize the tools they have
available to them; it's the perfect way to counter business pressure. He characterized Mr.
Sabol's idea for a referendum is a good one, noting that way the public has an opportunity for
true input.
Jon Gerster, 719 North Wallace Avenue, noted he has a small business in town, and
he donates to anyone that calls. He stated that if someone would break down what WalMart
donates in percentages to what small businesses donate, they would find the small businesses
. donate higher percentages. The Commission is here to protect both consumers and
businesses, but they shouldn't tie the hands of businesses. The Commissioners are obligated
to represent the voters, and they cannot allow business interests to outweigh the general
public interests.
Myles Eaton, 2400 West Durston Road, asked if this is a WalMart issue or a big box
issue for all other businesses. He stated that if this measure is to just stop WalMart, then the
Commission is not on the right line; but if it will apply to other large businesses, then the City
is on the right track. Mr. Eaton stated he doesn't want to see businesses move outside the
Bozeman city limits with the City still providing all the roads to get there and no return on its
tax dollars.
Charlie Brown, 521 West Lamme Street, noted he is totally against this ordinance. He
stated there are a lot of people who work very hard at several jobs and still struggle every
month; and this area needs to have a cheaper cost of living and a larger tax base, one not only
funded by individuals but also businesses. The City should allow all businesses to come in and
do the best they can; that's the free enterprise system. If they do a good job, they'll stay in
business; if they don't, they won't.
Chris Pope, 1508 South Willson Avenue, thanked the Commission for stepping forward
. on an issue that needs to be addressed right now. He noted this town has grown significantly,
and everyone shares concerns about protecting the quality of life in Bozeman. He stated he
is not one to feel comfortable with the regulatory nature of the issue being proposed, but he
does agree with the spirit of the ordinance. Mr. Pope urged the Commissioners to look at the
character of the community.
Gary France, 4350 Airport Road, realtor and appraiser, reported that research has
revealed the big box stores are chipping away at the central business district. Unfortunately,
the cost to lease area downtown has soared; but downtown people are happy to be
downtown.
02-07-2000
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- 20 -
RObyn Erlenbush, 1 0 Lariat Loop, stated the reasons she lives here are the same as all
others that live here. She is concerned with any government regulation that would limit free
enterprise. As a business owner she wants the opportunity to compete, and she doesn't need
the Commission to protect her. In her opinion, Bozeman is now a regional trade center;
however, conventions are being held in Big Sky and West Yellowstone because of Bozeman's
lack of hotels and convention facilities. She concluded by stating the community should
encourage visitors to Bozeman by putting its efforts into building a multi-purpose facility.
. Richard Beebe, 105 Julia Martin Drive, noted that no one has mentioned the Montana
State University students that need jobs. He currently works at WalMart because he goes to
school during the day and needs to work at night. He noted that WalMart is the one retail
outlet that allows people to do that; the downtown businesses are closed in the evenings. The
proposed WalMart grocery store will create approximately 250 jobs, which is something
Bozeman needs.
Chris Calloway, WalMart real estate manager from Arkansas, said WalMart takes this
ordinance seriously. WalMart has been in Bozeman for six years and has made a good effort
to service this community and be a responsible member of the community. They want to
improve upon their service to their customers, which means expanding to a SuperCenter and
a full line of grocery selection. He said everyone recognizes the difficulty of meeting the cost
of living standards in Bozeman. Consumers in this valley need the competition that WalMart
will provide in the grocery business. Mr. Calloway added that 70 percent of WalMart
employees are full-time employees, with benefits. The jobs created will be good jobs, not ones
without benefits. He noted WalMart is not against smart growth or smart planning for the
community, but they are opposed to an ordinance that will prevent the free enterprise system
this country was founded on.
Maureen Byrne, 812 North Tracy Avenue, stated she came for the living wage
presentation but finds it ironic that it coincides with this zoning ordinance. She feels people
are getting led astray by free enterprise and property rights; rather, it's just about zoning. She
. noted that Bozeman is a beautiful place, and she respects the Commission for standing up for
her and the residents of Bozeman.
Dan Himsworth, 1107 Brentwood, small business owner, stated he is supportive of
what the Commission is trying to do; but he does not support this particular vehicle to achieve
it. He suggested the revision needs to be something everyone can get involved in.
Chris Nixon, 719 North Wallace Avenue, noted that, while he had initially supported this
proposed ordinance, he has begun to question if the six-month moratorium is appropriate. He
noted that with the recent rate of growth in this area, Bozeman has begun to look like every
other town in America. He also noted the downtown was once full of little drug stores and
other little shops, but now the are boutique type stores where everyday shoppers don't shop.
Mr. Nixon cautioned that growth for growth's sake is the ideology of the cancer cell. He
concluded by noting that the community should control growth, rather than letting growth
control the community.
Kurtis Nason, 3330 Springhill Road, noted that Bozeman is beautiful, and has remained
so regardless of the growth. He characterized it as a unique place; and he does not anticipate
that will change, even with additional growth.
. Michael Katakis, 1037 Boylan Road, thanked the Commissioners for slowing this process
down so they can take a look at this issue and gather information. He noted that this
community is more than buildings and bricks. He encouraged the Commissioners to remember
smart growth issues and those in the community as they make their decision. He concluded
by noting that Bozeman's wealth is in its citizens, and he hopes everyone can keep this fact
in mind as the City moves forward with this.
Chuck Swenson, 2220 West Main Street, stated he believes the Commission will table
a decision on this ordinance in light of the significant amount of input it has received. He
encouraged the Commissioners to give some serious thought to the testimony they have
02-07-2000
"""""".,,,,'y.~,';;<.:,. '
- 21 ~
received tonight. He also encouraged the Commissioners to consider how long it will to build
a WalMart addition, noting it won't happen overnight.
Planning Director Epple responded the site plan review process for major development
typically takes 8 to 10 weeks and, from the date of Commission action, barring construction
delays, a typical time frame to completion would be 9 months.
Since there were no Commissioner objections, Mayor Youngman closed the public
. hearing.
Commissioner Kirchhoff thanked everyone in the audience, people who testified both
in support and opposition, noting this was a learning experience for him since he is the person
who originated this idea, an idea that somehow got tangled up with WalMart. He characterized
this proposed ordinance as not a protectionist piece of legislation; not a permanent cap; not
a regulation. It is a choice to provide City staff and potential applicants time for input and time
for the Commissioners to make informed decisions. He stated that he took the recent election
to mean that people were not pleased with the development of Bozeman, and they do not want
to go on with business as usual. The citizens must ask themselves if they are gaining more
for consumer items than they are for impacts. Commissioner Kirchhoff continued, saying right
now the picture is murky as to the effect big retailers have on jobs. Large scale retailers create
sprawling land use patterns. He concluded by voicing his support for adoption of this
ordinance.
Mayor Youngman noted the Commissioners have received a fair number of phone calls
and letters that are a part of the public record, including those from last week's testimony.
Commissioner Frost stated that since this idea came before the Commission, it has been
a lot of work, a lot of reading, a lot of research; and it is not an easy decision to make. He is
concerned about what this community becomes, not just the bottom line; and he feels it is his
. job to save and protect it. Commissioner Frost continued by saying the City has to have some
kind of control, but he is not sure what kind of control that should be. He closed by saying
he is not ready to make this kind of decision tonight.
In response to a question from Mayor Youngman, Commissioner Frost suggested a two-
week extension to allow the Commissioners time to read and study all the information, to
February 22, 2000.
Commissioner Smiley voiced agreement with Commissioner Frost regarding postponing
a decision. She expressed concern that this is a regulation, and she feels the Commission
should be working toward incentives rather than regulations. Commissioner Smiley noted the
County is looking at incentives, and she would like the City to be a part of that process. She
thinks the Commission is being very short-sighted about this issue. She expects the population
of Bozeman to grow to approximately 500,000 people some day; and she would like to see
more time devoted to figuring out where they are going to live, as well as how they are going
to live. Fifty percent of the population of Montana cannot afford to shop anywhere except for
WalMart. Commissioner Smiley added she did some research and found that 38 percent of
farmers make under $10,000 per year and account for 2 percent of agricultural sales; and 22
percent make between $10,000 and $100,000 per year and account for 38 percent of
agricultural sales. Those farmers who make less than $10,000 per year need places to shop
and live that they can afford.
. Commissioner Smiley said her concern is that, if the City starts regulating business more
than it does now, they are going to push those businesses into the county. She added the
8,000 homes in Bozeman are not the primary source of funding for the City's $31 million
budget; the business and commercial enterprises are. Commissioner Smiley said Bozeman has
a viable community of businesses, and she doesn't want to control it; she wants to focus on
housing. She concluded by stating she does not support adoption of this ordinance.
Commissioner Brown stated he feels quality development in the city is very important.
He thinks the Commission has heard some very good points for and against, and he also
believes there are some things that haven't been mentioned. He added he would like to have
02-07-2000
. 22 .
the time to look at alternatives that everyone might be able to agree upon; and he, too, would
like more time to read the materials presented.
It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, to table on
this ordinance until February 22. The motion carried by the following Aye and No vote; those
voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown and
Mayor Youngman; those voting No being Commissioner Smiley.
. Mayor Youngman added Commission thanks to everyone for all their thoughtful
comments, letters, and phone calls. She noted they were all very helpful, and the Commission
has been weighing everything that has been said since the beginning of this conversation.
Adjournment - 10:30 pm
There being no further business to come before the Commission at this time, it was
moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and
Mayor Youngman; those voting No, none.
MARCI~~aYOr
ATTEST:
~J~
. ROBIN L. SULLIVAN ~
Clerk of the Commisslon
PREPARED BY:
c~ & ~
- ,{ L"j --' '(AJ\
K EN L. MURPHY .
Deputy Clerk of the Commission
.
02~07.2000