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HomeMy WebLinkAbout2000-01-31 Minutes, City Commission, work - MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA January 31, 2000 ***************************** . The Commission of the City of Bozeman met in agenda meeting/work session in the Commission Room, Municipal Building, on Monday, January 31, 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 and Deputy Clerk of the Commission Murphy. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meetina - for regular meetina and public hearinas to be held on Februarv 7. 2000 Since this an agenda meeting, only a brief synopsis and those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (5) Mayor Youngman reminded the Commissioners to turn in their suggestions for possible members by Wednesday, February 2, so they can be included in the Commission packet for next week. (10c) Commissioner Brown wanted to state for the record that his home is located two . houses away from the subject property. (1 Od) Commissioner Frost requested that this item be removed from the Consent Items for further consideration. He questioned why the City is funding the Adam Bronken Sports Complex when it was his understanding that it was going to be funded by private funds. ( 13) Responding to Commissioner Kirchhoff, Mayor Youngman characterized this as an initial presentation by the Montana People's Action. She noted this is a work session but is scheduled for the evening because of conflicts with work schedules. The primary focus of this presentation on livable wage ordinances is to the Commission, and there needs to be ample time allotted to this item to ensure Montana People's Action can present their entire program. Commissioner Smiley pointed out that the agenda calls for the opportunity for public comment. The Commissioners concurred that they would allow questions from the pUblic and set a time limit of 45 minutes. (14) Assistant Planner Therese Berger gave an overview of the project, briefly highlighting some of the recommended conditions of approval. (15) Associate Planner John Sherman gave an overview of the project and the requested variances, two of which pertain to parking. . Responding to Commissioner Frost, Planning Director Epple stated that the code requirements for parking will be considered during upcoming revisions to the zone code, and suggested that basing those requirements on the number of bedrooms may be more appropriate. Work Session - initial discussion re (A) proposed ordinance establishina size limit on "big box" stores and (B) proposed smart growth policies Mayor Youngman welcomed everyone to the meeting, noting that the one-hour video entitled, "Subdivide and Conquer", is to be shown first, followed by Mr. Jimmy Pepper, who will introduce smart growth concepts, then staff overviews of both the big box ordinance and 01-31-2000 -..- - 2 - the smart growth ordinance, ending with as much public comment as can be taken in a reasonable amount of time. She reminded the audience that the big box ordinance public hearing will be held next Monday night; and this was a work session in which the Commission is allowing public comment. Mayor Youngman also noted that there will be lots of opportunities for public comment on growth issues in the future. Recess - 4: 19 D.m. to 4:24 D.m. . Mayor Youngman declared a break from 4: 19 p.m. to 4:24 p.m. in accordance with Commission policy. Work Session (continued) - initial discussion re (A) DroDosed ordinance establishing size limit on "big box" stores and (8) DroDosed smart growth Dolicies Mayor Youngman reconvened the meeting by introducing Mr. Jimmy Pepper, a Bozeman native who graduated from Montana State University, has taught use planning in California for 25 years, been employed as a planner for 40 years, and planned twelve to fourteen communities. His involvement in the rebuilding of Santa Cruz after the earthquake of 1989 earned him IIMan of the Year" honors. Mayor Youngman assured the audience that Mr. Pepper was not here to IIvalidate what we've been doing so far", rather he was here to provide another dimension to the smart growth discussion, one of considerable experience. Mr. Pepper began his presentation by thanking the Commission for inviting him to speak and for thinking about Bozeman's future. He said it was important to "look back at how we used to live", regarding population and housing density. He observed that people are inherently planners; planning is ingrained in human beings. The challenge is to find a way for both the public and private sectors to work well together. Planning is essentially about shaping a pattern for your investment. If the Commissioners don't succeed, the public won't invest. There must be absolute trust in each other, and the Commission and the public must cooperate . with each other. If either fails; there will be no plan. Mr. Pepper stated his first piece of advice is to "work together", stressing that the City must find a way to cooperate with the County; if not, it will fail miserably. He advised the Commissioners to repair, restore and revitalize the existing fabric of the City, characterizing Bozeman as a great city that needs a lot of attention. The City should look for increased densities at every occasion; there are wonderful neighborhoods that could be replicated and people will pay to live there. Mr. Pepper advised the Commission that he would form a public/private, non-profit organization to assist with this process so that all of the stakeholders, not just the bankers, are involved. It is his opinion that if the stakeholders aren't involved, the whole process becomes largely rhetorical. Mr. Pepper admonished the Commission to not plan through regulation, cautioning that the worst thing they can do is to regulate creativity; rather, they need to find alternatives to regulation. He advised the Commissioners to look for design solutions that are inventive, not just a set of standards. Mr. Pepper also pointed out that real environmentalists choose to live in town because of their philosophies. They don't live on several acres; they choose to protect the . environments. The Commissioners need to make Bozeman livable, so that people will want to live in town again. According to Mr. Pepper, the Commission is in for a lot of hard work, perseverance and patience. He advised the Commissioners not to impose a growth moratorium; rather seek cost effective growth with pedestrian friendly neighborhoods, the integration of affordable housing and a level playing field for anyone wishing to pursue smart growth. Regarding the "big box" ordinance, Mr. Pepper believes the City is in IIdangerous, treacherous water" right now. In his opinion, if the Commission says no to "big box" stores, they are endangering the economy; rather, he encouraged them to identify the impacts and 01-31-2000 ----------- ---- -- --- n_._ -- ----- - ____. ...._..u_.. ..-- -.. ., 3 - what is desirable. JiDon't throw the baby out with the bath water because the baby will grow up in Belgrade, Livingston, or Manhattan", advised Mr. Pepper. In response to a Question, City Attorney Luwe stated that State law allows the Commission to implement an urgency interim ordinance to prohibit certain uses that may be in conflict with the zoning ordinance the City is considering. The ordinance can be effective for six months and be renewed for one year thereafter. This provision has been used recently for casinos and communication towers. . Associate Planner Saunders gave overviews of the two proposed ordinances, highlighting the "big box" ordinance first. He noted that the ordinance, as currently drafted, repeats the same language for each different zoning district. He briefly highlighted the provisions of the ordinance, which limits single tenant occupancies to 50,000 square feet. The Associate Planner turned his attention to that portion of his memo summarizing the status of a number of initiatives, including revisions to the definition of "family", and noted that staff is seeking direction on several issues. He summarized those issues, which include garage setbacks, yard setbacks and expanded opportunities for home occupations. He also raised Questions about planned unit developments, including parkland requirements, and review standards and procedures. He indicated that under the proposed revisions, the PUD process will be simplified while preserving the review process. He concluded by identifying the housekeeping changes that are also to be included in the revisions. Associate Planner Saunders stated that parkland and ridgeline protection will be addressed under the Bozeman 2020 growth plan, and suggested that relying on the site design process under the zone code will complete the code provisions necessary to protect those areas. Mayor Youngman noted that the 50,000 square-foot size cap being considered for "big . box" stores, which applies to the total square footage, including the base building and any additions, is to be a temporary measure until the Commission has an opportunity to obtain public input; it is not intended to be the final solution. She stated, in fact, that the idea of an independent study to identify impacts on jobs, existing business and housing has been surfacing; and the planned unit development process has been identified as a possible option. Mayor Youngman stated that the motivation for the Commission to consider smart growth is based on community input on issues such as making development more cost effective; protecting green space, the downtown and existing businesses; and protecting the master plan update process. Mayor Youngman opened the meeting to public comment, stressing that the public hearing on the proposed "big box" ordinance will be held next week. Mr. Rick Weaver, 1115 Woodland Drive, noted he is publisher of the Bozeman Daily Chronicle. He has read that big box stores hurt the local economy, but he has also read that they help. He reviewed some of the statistics in the book entitled Sales and Marketing Management, a resource used by his company, which reveal that, in the 1990s, the population in Gallatin County had a 24.7 percent growth rate, household median income grew 22.6 percent, and retail sales grew 124.96 percent. He indicated that, based on the statistics from the 1990s, it is apparent people are now spending more of their money in Bozeman than they . did in the early 1990s. He encouraged the Commission to be careful when considering the 50,000 square-foot restriction because he feels the argument can be made that big box stores draw more monies to the community and, hopefully, some of those monies are being spent in the downtown area. He concluded by characterizing Fort Collins as an example of what Bozeman doesn't want. Mr. Myles Eaton, 2400 Durston Road, reviewed tax information that he had gathered at the Gallatin County Treasurer's Office. He stated that the Valley Ice Garden, which chose to build in the county after encountering problems with building inside the city limits, paid personal property taxes of $9,081.19 and real property taxes of $86,083.71. As a result of those taxes, the residents in the Monforton School District realized a 10-percent decrease in 01-31-2000 ---- - 4 - their real estate taxes. He also reviewed the taxes paid by Target, Costco and WalMart and identified the amount of those taxes paid to the City. He noted that these are all big box stores located inside the City, and he does not want to push this type of store outside the city limits. He concluded by encouraging the Commission to not over-regulate big box stores. Mr. Lloyd Mandeville, 1001 Woodland Drive, stated the National Association of Realtors is promoting smart growth. He noted that, as a fourth generation resident, he has seen growth occur over the years; and he is concerned that regulating growth is resulting in things that are . not desired or desirable. He suggested that growth in the downtown area should be encouraged, and noted that the big box stores can draw people to the community, thus supporting the local economy. Mr. Vito Quatraro, 24 South Willson Avenue, stated smart growth is a good idea that he would like to see move forward. He noted that both the video and Mr. Pepper stressed the importance of the community working together and not over-regulating the process. He then stated that big box stores tend to provide products for less money than other vendors, leaving more money for people to spend elsewhere in the community. Mr. Keith Swenson, 603 South Willson Avenue, stated that he and his wife have spent two-thirds of their time over the past few years living in a smart growth community in Pennsylvania. He noted, in fact, that the community in which they live was designed and largely developed in the late 1800s. He indicated that the taxes they pay there are less than here, largely because of the economies built into the community; and indicated that he lives in an apartment complex of 300 to 400 apartments and can walk the two blocks to his office. He stated that the trail system and greenbelt make walking easy; and the bus system provides easy access to those facilities not within walking distance. He indicated that the compactness of the community is what makes the difference, noting the streets are narrow with beautifully landscaped boulevards. . Mr. Swenson stated he is a supporter of smart growth, and underlined some of Mr. Pepper's comments. He encouraged the Commission to not get hung up on setting certain caps, noting this is not an emergencysituation; rather, this issue should be addressed through a process that involves community input and involvement. Mr. Christopher Nixon, 719 North Wallace Avenue, thanked the Commission for bringing these proposals to the community, characterizing this process as reaction to the request of the citizens. He noted that, while he came to the meeting thinking he was in total support of the proposed s.ize cap on big box stores, his position has changed in light of the video and Mr. Pepper's comments. He encouraged the Commission to bring the community together, possibly through task groups, rather than acting from the top down. He also suggested visiting other communities that have implemented smart growth policies, noting it is not necessary to reinvent the wheel. Mr. Tom Clark, 410 West Dickerson Street, characterized elitism as the biggest community concern, citing Boulder, Colorado, as a perfect example of that behavior. He noted that putting garages behind the house will affect the low-end buyer. almost immediately because the economical alternate is having the house in front on a smaller lot. He does not want this to become a community where only the 'wealthy can live; and limiting the sizes of stores allowed will be a step in that directiQn because the lower wage employees will be unable to shop in Bozeman. He concluded by thanking the Commission for providing this opportunity . for public comment. Mr. Jon Gerster, 719 North Wallace Avenue, compared growth to a horse, noting that a horse has a lot of energy and capability of going a long distance. He noted, however, a horse will take off on its own free will and needs to be reined in or it becomes a run-away. He characterized the proposed big box ordinance as "pulling back on the reins". He stated that, to adequately address the way in which the community is growing, it is important for people and neighborhoods to become involved in developing a community of which they can be proud in twenty years. 01-31-2000 .--- - 5 - Mr. David Crawford, 218 Lindley Place, stated he generally represents developers. He noted that last week there was a task force meeting, comprised of architects, planner, engineers and developers, and some of the City staff members and a couple of Commissioners attended. He voiced has appreciation for a spirit of cooperation, and suggested that could be accomplished through creating task forces and dialogue. Mr. Crawford noted he lives in a beautiful neighborhood with alleys, front porches and trees, and it is comprised of a broad diversity of people. He stated that he has improved his . house, which was built in 1886; and he is trying to live by example and not be part of the sprawl problem. He encouraged the Commission to allow for development through incentives rather than through regulation. He described the planned unit development process as very cumbersome and stressed the importance of predictability. Mr. Chuck Swenson, 2220 West Main Street, read excerpts from a letter that three business people had signed. He commended the Commission on the general theme and the intent of the smart growth agenda, encouraged the use of collective expertise while going through the process and expressed concern about specific elements, like the big box issue. He noted that those who live in Bozeman want the same thing, including clean air, a view of the mountains and a vibrant downtown; the differences come when discussing how to make it happen. He stressed the importance of recognizing that businesses look carefully at the economic viability of a project before undertaking it, and voiced his concerns about the proposed big box ordinance because of the economic ramifications it could have on the community. Ms. Lynn Rugheimer, 1404 Story Mill Road, noted that smart growth initiatives are well received by almost everyone in attendance at this meeting; however, it will be tough for everyone to agree on what is to be included. She indicated that the term "big box" has a negative connotation and suggested that the term "retail source size limitation" be used instead, since that is actually what the proposed ordinance does. She suggested that if the . Commission has a problem with the size or shape of retail spaces, it should look at the design review process, entryway corridor plans and the planned unit development process to address the concerns. Ms. Rugheimer stated her second concern pertains to the use of the urgency, or emergency, ordinance to enact size limitations, noting this provision should be used when health or safety concerns are at stake. She suggested that the Commission should abort the urgency ordinance process and begin gathering objective data, then proceed with the standard ordinance process. She then forwarded her third concern, which is the apparent lack of objective, quantifiable data on the issue. She encouraged the Commission to go slow, gathering information and documentation as well as citizen input before enacting an ordinance. Finally, she stressed the importance of cooperation between the City and the County on planning issues, rather than the friction and finger pointing that she has witnessed. Mr. John Murdock, owner of Big R, stated his store contains 50,000 square feet and he has 100 employees, none of whom make minimum wage. Last year, he contributed $60,000 to the community through various agencies, including 113 of the costs of the police dogs for both the City and the County. He stressed the importance of his business continuing to grow, and cautioned that driving Home Depot or Eagle Hardware into the county or another community would give them an unfair advantage over him. He concluded by asking that the Commission not enact the size limit, but use the design tools it has available, including the . entryway corridor plans and design review procedure to address concerns about a building's appearance. Mr. Thomas Hardiman, 523 West Babcock Street, stated community means more than shopping at the largest store to get the smallest price, noting that large retail stores encourage sprawl because people have to drive to them. He suggested that smaller stores within communities and neighborhoods be encouraged, realizing the prices may not be as low as they are at the large retailers, but these are the prices people pay to come together as a community. Ms. Drucia Mayhew, 610 Dell Place, stated that the best solutions are not always found by looking at the bottom line. She stated that she lived in Houston, which has one of the 01-31-2000 ..- ......-----. --..--. . -.- .------- .....- - - 6 - lowest densities of any town in the United States, for 22 years; and she sees many similar features between Houston and Bozeman; She encouraged the Commission to consider a different Bozeman, where people are able to walk just about everywhere. She voiced concern about the loss of agricultural land, particularly since it's some of the richest soil in North America, and wildlife habitat. She state<<;j that big stores don't make Bozeman different; the local stores make the difference. She concluded by stating the Commission should be careful before allowing any more large stores in Bozeman. . Mr. Jim Vernon, 712 East Peach Street, spoke on behalf of the residents ofthe "poorest neighborhood", the northeast sector of town. He noted that they have trucks driving through their neighborhood on a daily basis and the buses create a stink in the neighborhood for about two hours every morning, and stated that is what growth has brought to their neighborhood. He stated the residents don't want fast growth or smart growth. Mr. Ed McCrone, 2150 Story Mill Road, stated he would echo much of what has already been said. He noted the City's mission statement suggests it will help promote economic vitality in Bozeman. He stated that the Bozeman 2020 growth plan is one of the best things the Planning Department has undertaken in a long time, and suggested that those in attendance at this meeting become involved in that process. He asked that the Commission not r:nove too fast, but take more time on this issue. He noted that "planning is not regulation; and regulation is definitely not planning"; and forwarded his strong support for planning and involving people in the process. He stated that smart growth is-not a new concept, noting the 1990 Master Plan includes many of those elements in it. Ms. Lorinda Wallin stated she is a lifelong resident of Montana, and she lives on $10,000 a year, both living and working downtown. She voiced her preference for spending her money in the stores of those she knows rather than in the corporate stores. Ms. Johanna Mersen, 1902 South Black Avenue, questioned what happens when the . Commission decides there are too many franchises. She also voiced concern about the proposed ordinance, stating her preference for allowing development through the planned unit development process. Mrs. Joanne Eaton, 2400 Durston Road, stated she serves on the Planning Board and recognizes the importance of receiving continued input from the citizens, encouraging those in attendance at this meeting to also attend the focus meeting scheduled for February 9. Mrs. Joan Holborn, 805 Bozeman Trail Road, characterized the goals of smart growth as sounding rather reminiscent of TND application proposed for the Bozeman Deaconess property. She stated the smart growth concepts of mixed uses in the same area, in the name of convenience, is of concern. She turned her attention to the big box ordinance, noting that she does not support restricting them. Mr. Dennis Kidder, 702 Bridger Drive, #21, stated he lived in Dallas for seventeen years, watching it grow into a nightmare. He noted that everyone has an opinion on the issues discussed to'night, and suggested that through public input the best possible decisions can be reached. Mr. Tim Howard, 56 River Ranch Lane, Gallatin Gateway, noted that Montana is one of the poorest states in per capita income; and that is an issue to be considered when looking at . smart growth initiatives. He cautioned that if it's too expensive to build in Bozeman, the result will be urban sprawl outside the city. He asked that the Commission give this emergency ordinance the same review that it gives other processes prior to adoption. Mr. Joe Sabol, representing WalMart, expressed concern about what appears to have been a public hearing on the big box ordinance at this meeting, even though it is advertised for next Monday night. He suggested that the information from this meeting be included in the public record for next week's hearing if the Commission wishes to consider it. 01-31-2000 ono. _ _...__ _ _.. ____ . ... - - 7 - Mr. Sabol stated that smart growth has its place and encouraged the Commission to carefully consider those pieces that will work well in Bozeman. He also stressed the importance of getting the public involved, to make the process work properly. Mayor Youngman indicated that the information gathered at this meeting will be part of the record for next week's public hearing. She concluded the discussion by thanking those who have attended and provided input. . . Discussion - Commissioner Droiects None of the Commissioners submitted any comments under this agenda item. Discussion - FYI items City Manager Johnson presented to the Commission the following "For Your tnformation" items. (1 ) Copy of a press release from Roger Sicz, Streets and Sanitation Superintendent, announcing a Montana Department of Transportation program that is providing over $350,000 in street cleaning equipment to help avoid violations of Federal air quality standards. (2) Listing of Commissioner Member/Liaison Appointments, effective January, 2000. (3) Letters of resignation from the Bozeman Historic Preservation Advisory Board submitted by Suzanne Hainsworth, Linda Bell, and Judy Hammond. (4) Bar graph and totals sheet from Headwaters Cooperative Recycling Project (5 ) Minutes of the Board of Health meeting held on December 9, 1999. . (6) Agenda for the Development Review Committee meeting to be held on Tuesday, February 1, 2000 at 10:00 am. (7) Agenda for the City Planning Board meeting to be held on Tuesday, February 1, 2000 at 7:00 pm. (8) Agenda for the Gallatin County Commission meeting to be held on Tuesday, February 1, 2000 at 9:00 am. Adjournment - 6: 1 0 em There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the meeting be adjourned. 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. }1t~ {j ~ . ATTEST: MARCIA B. YOUNGMAN, Mayor C2I.:- :! xL~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~cK.~ KAREN L. MURPHY Deputy Clerk of the Commissio 01-31-2000 -. .--...----.. ---------..--- ...----..-.- -.------ ..-....--