HomeMy WebLinkAbout2002-08-19 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 19, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, August 19, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that Commission Resolution No. 3535 be removed for discussion
and that the Tschache Lane Street/Utility Easement and Temporary Cul-de-Sac Easement be removed from
the agenda since the corrected pages have not yet been received.
Minutes -January 18, 2000, and May 13 and August 12, 2002
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13
and August 12, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3537 - authorizing City Manager to sign Change Order
Nos. 7 and 8 for Solvent Site water main - COP Construction Co., Billings,
Montana - add $127,199.49 and 0 calendar days
COMMISSION RESOLUTION NO. 3537
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP
CONSTRUCTION COMPANY, BILLINGS, MONTANA.
Acknowledge receipt of staff report - annexation of 1.75 acres described as Tracts 1A
and 2A, COS E-9-C, Longacres Subdivision (southeast corner of intersection
of Kagy Boulevard and Sourdough Road)- Norman Beniamin (A-02008)
Commission Resolution No. 3538 - intent to annex 1.75 acres described as Tracts 1A
and 2A, COS E-9-C, Lonqacres Subdivision (southeast corner of intersection
of Kaqy Boulevard and Sourdouqh Road); set public hearinq for September 16
COMMISSION RESOLUTION NO. 3538
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
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Ordinance No. 1571 - zone map amendment to establish initial zoninc~ designation of
"RS" (Residential Suburban District) on 26.606 acres described as Tract A,
Certificate of Survey No. 2220 (lying along south side of Bridger Drive, east of
Story Mill Road); finally adopt
ORDINANCE NO. 1571
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "RS" (RESIDENTIAL SUBURBAN DISTRICT) ON 26.606
ACRES SITUATED IN THE SOUTHEAST ONE-QUARTER AND SOUTHWEST ONE-
QUARTER OF SECTION 32, TOWNSHIP I SOUTH, RANGE 6 EAST, PRINCIPAL
MERIDIAN MONTANA.
Ordinance No. 1570 - zone map amendment to establish initial zoning designation of
"B-2" (Community Business District) on 43.85 acres described as a portion of
Tract 2, West College Minor Subdivision, lying along south side of US Highway
191, east of future Fowler Avenue extended; finally adopt
ORDINANCE NO. 1570
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 43.85
ACRES SITUATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
MONTANA, GALLATIN COUNTY, MONTANA.
Reject all bids for one new or late model chip truck for Forestry Division
Award bid - 2001 Sewer Rehabilitation Proiect - Geico Services, Inc., Salem Oregon -
in the bid amount of $464,595.00
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
Commission Resolution No. 3536 - placing smoking ordinance on November ballot
Distributed just prior'to the meeting was a copy of Commission Resolution No. 3536, as prepared
by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3536
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA,
THE QUESTION OF ENACTING ORDINANCE NO. 1573, ADDING CHAPTER 8.48 TO THE
BOZEMAN MUNICIPAL CODE, PROHIBITING SMOKING IN ALL INDOOR PUBLIC
PLACES AND PLACES OF EMPLOYMENT.
Also distributed just prior to the meeting was a copy of Ordinance No. 1573, which would be enacted
if approved by the voters.
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Mayor Kirchhoff noted that adoption of this resolution would place Ordinance No. 1573, prohibiting
smoking in all indoor public places and places of employment on the November 5 ballot. He noted that voter
approval of this ordinance implements a comprehensive clean air ordinance; voter disapproval means no
ordinance and a status quo of what exists today.
City Attorney Luwe highlighted Ordinance No. 1573, which is classified as a comprehensive clean
air ordinance. Exemptions from the provisions of the ordinance include private functions; private
residences, except when a licensed care facility; hotel and motel guest rooms designated as smoking
rooms; outdoor areas; and retail tobacco stores. He indicated the ordinance is based on the City of
Helena's recently adopted ordinance, the NIMLO model ordinance and the American Cancer Society's
model ordinance. He suggested that one alternative to this "all or nothing approach" might be for the
Commissioners to enact an ordinance which exempts bars and casinos, and possibly restaurants, with an
ordinance amending it to include bars, casinos and restaurants being placed on the ballot. He cautioned
that if the Commission wishes to consider this approach, a special meeting will be needed between now
and Thursday to adopt the resolution placing the new ordinance on the ballot.
Mrs. Stephanie Nelson, City-County Health Officer, addressed the risk to public health that results
from exposure to secondhand smoke and applauded the Commission for considering this ordinance. She
stated that tobacco smoke is the leading preventable cause of death, with 65,000 non-smokers dying
annually because of exposure to the extremely toxic secondhand smoke. She related statistics on the
increased risks of cancer, strokes and heart disease in those whose spouses smoke, stressing that those
risks are dose related. Other health effects include respiratory illness and Iow birth weight babies. She
concluded by noting the City-County Board of Health has adopted a resolution supporting this type of
ordinance and encouraged the Commission to take steps to ensure the ordinance is practical, reasonable
and prudent and will protect public health to the maximum.
Ms. Miranda Garcia, 611 Mary Road, stated she is a member of the Breakfast Club at Chief Joseph
Middle School, which was created to keep students from using tobacco. She spoke in support of the
ordinance, stating that secondhand smoke endangers the learning ability of students.
Mr. John Lammers, 120 Arnold Street, stated he doesn't smoke, doesn't own a bar or restaurant,
and doesn't go to the bars very much. He noted that 90 percent of the restaurants in Bozeman are non-
smoking and a few of the bars are non-smoking; and he feels that people have a choice of whether they
go to facilities where smoking is allowed. He concluded by stating the City has better places to spend its
tax dollars than giving citations to bar owners because someone is smoking in the facility.
Dr. Bill Monroe stated that he spent 40-plus years as a thoracic surgeon, operating on many
smokers during that time. He indicated that he is not speaking for them; rather, he is speaking for the
babies and young children who are taken into bars and restaurants where smoking is allowed. He
encouraged the Commissioners to exercise the choice before them.
Mr. Mike Conner, 2602 Rose Avenue, noted that people live in the United States because of the
freedom of choice. He stated that those who don't smoke and don't want to be around it have a choice at
the present time; if this ordinance passes, those who smoke will have no choice. He characterized that as
grossly unfair and encouraged the Commissioners to not forward the ordinance.
Ms. Tracy Velazquez, 503 West Olive Street, posted a graph depicting the results of a study on the
respiratory health of bartenders, both before and after enactment of a clean air ordinance. She stressed
the importance of addressing the workers' choice. She drew on her recent experiences in health care in
Libby, where hundreds have died or are dying as a result of working in the vermiculite mine. She compared
that environment to the smoke-filled environments in Bozeman in which some people work, stressing the
importance of ensuring the protection of workers' health. She concluded with her strong support for the
ordinance.
Mr. Scott LeProwse, D&R Vending, voiced concerns about the proposed ordinance. He distributed
a listing of establishments where food and alcohol are served, noting that of the 105 restaurants identified,
89 are totally non-smoking and 6 have non-smoking dining rooms. He stressed that means 90 percent of
those facilities provide a choice for customers and employees. He stated that he also does business in
Helena; and in June and July, since implementation of the clean air ordinance, he has seen a 13-percent
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decrease in his coffee sales. He concluded by encouraging the Commissioners to consider the possible
economic impacts of enacting this ordinance, particularly in light of Helena's experience.
Ms. Jamie Migran, 3406 Golden Valley Drive, stated she is a bartender and server at a local hotel,
noting she serves those who choose to enter the establishment. She noted that the facility has designated
smoking and non-smoking areas that are completely separate. She indicated that she does smoke;
however, she also has the choice of whether or not to work in an environment that allows smoking. She
concluded by noting that in Helena, seven to ten servers will be laid off next month as a direct result of the
smoking ban enacted in that community.
Ms. Debra Vanpoolen, 602 South Church Avenue, noted that studies reveal 89 percent of the
residents in Gallatin County do not smoke, suggesting that it would be logical to conclude that many of those
who don't smoke will be repelled by smoke. She indicated that to not allow smoking would be of economic
benefit, citing studies in California that reflected an increase in bar revenues after smoking was prohibited.
She concluded by stating that many Bozeman residents support the ordinance.
Ms. Alex Phillips, 9 South Bozeman Avenue, characterized smoking as an issue of life and death,
particularly for those with asthma. She stated that people have the right to a clean and healthful
environment, as guaranteed by the Montana Constitution. She noted that dialogue about smoking began
over forty years ago, when it was discovered that studies linking secondhand smoke to cancer were being
suppressed. She stated that recent studies have revealed the dangers of secondhand smoke were
previously underestimated and urged the Commission to place the ordinance on the ballot. She concluded
by stating that government is to protect public health, which is what this ordinance does.
Mr. Mack Butler, 3443 Kent Spur Road, stated he has an ownership in the Bozeman Hotel, which
has two restaurants and three bars on the ground floor and in the basement. He noted one of the
restaurants is smoke free, and all three bars allow smoking. The remaining 40,000 square feet of space
in the hotel has been converted into 90 offices. He indicated that only one tenant on the ground floor is a
smoker, yet every day almost 100 employees must pass through that space to reach their offices; and the
smoke permeates the entire building. He encouraged the Commission to consider the portion of the
community's workforce that is subjected to this type of situation.
Mr. Robed Eckert, 411 North 9th Avenue, stated the market provides an opportunity for people to
make a choice on whether they wish to be in an environment that allows smoking. He suggested, rather
than determining that smoking should not be allowed in a bar, a better option might be to post signs that
say entering could be hazardous to your health. He indicated he does not feel the Commissioners have the
responsibility to protect residents from themselves or from engaging in risky behavior.
Ms. Patti Steinmuller, Gallatin Gateway, stated she works at Montana State University. She
indicated her strong support for a comprehensive clean indoor air ordinance, noting her position is based
on protecting public health. She noted that, while other issues have been raised, the negative impact of
secondhand smoke on public health is the only issue with credible evidence. She cited a report that
indicates even typical levels of passive exposure to secondhand smoke can cause lung cancer among
those who have never smoked; in fact, one study estimates 38,000 deaths from such exposure. She noted
that the scientific evidence of harmful effects is becoming stronger, and she feels that enacting anything
less than a comprehensive clean indoor air ordinance would be a disservice to public health.
Ms. Darleen Ellingson, 1212 Brentwood Avenue, stated she has asthma; and her husband died
fifteen months ago from a lung illness after being on oxygen for three years. She encouraged the
Commissioners to recognize the number of people in the community who carry oxygen bags, noting they
cannot enter premises where there is smoking. She concluded by noting that in an ideal world, ordinances
to protect health would not be needed and encouraged the Commissioners to put this ordinance on the
ballot.
Ms. Reggie Johnson, Manhattan, indicated she is not a smoker; but she also does not agree with
the ordinance. She noted that it is her choice to be in a bar or not, and she believes everyone should have
that freedom of choice. She indicated that, as a single mother, she is responsible for protecting her
children; and bars are not an appropriate place for them to be.
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Mr. Jeff Short, Belgrade, stated he recently moved from California to raise his daughter. He noted
that in California people are allowed to smoke only in their vehicles, and he was fined for smoking in a
parking lot. He indicated that he chooses not to take his daughter where there is smoking, but he feels that
is a personal choice. He then asked that this issue be placed on the ballot, not decided in this room tonight.
Dr. Steve Forth, 110 Arab Drive, stated he supports a smoking ban in all places, particularly since
most of the damage occurs in bars and taverns, and stressed the importance of protecting the health of both
the employees and the public. He noted that most agree that if tobacco were not already legal, given the
information available today, it would probably be declared illegal. He encouraged the Commission to
forward this ordinance to a vote of the people.
Ms. Patti Sheets, 907 West Koch Street, stated she is a singer in a band and represents the non-
smoking entertainers in Bozeman. She noted that when she finishes singing in a club that allows smoking,
she feels sick. She recognized that secondhand smoke is very dangerous and asked that a ban on smoking
in public places be placed on the ballot.
Mr. Cliff Gullett, 6 Hitching Post Road, stated he owns his business, which is non-smoking. He
characterized this as a choice of business owners, workers and patrons. He concluded by stating that he
makes a conscious decision on whether to go places where there is smoking, and he feels that is the way
it should be.
Ms. Glenda Barnes, 417 Bonner Lane, stated she is a health nurse and advocate for public heath,
with a strong commitment to the community. She voiced her support for a comprehensive clean indoor air
ordinance. As one who is involved in maternal child health, she has seen the consequences of secondhand
smoke, including increased risk of infections and increased medical costs.
Mr. Mike Clasby, Helena, indicated he owns Howard's Pizza and Blackstone Pub. He characterized
this as an issue of choice and education, stressing that education is more important than any other issue.
He indicated that he previously worked for the Department of Health for seven years and found that through
education, they got what they wanted and needed. He noted that in Helena, there were 90 non-smoking
hospitality businesses and 27 that allowed smoking, with each business making its own choice. He
concluded by suggesting that education, rather than adoption of ordinances, could provide the same results,
in a more effective and unified manner.
Ms. Lorna Exley, 917 North 17th Avenue, stated she is subjected to secondhand smoke from
another office in the building where she works. She encouraged the Commission to act on this ordinance,
not just for those who work in office buildings but for all of the workers in Bozeman.
Mr. Noah Greenwald, 803 South Church Avenue, stated his support for a clean indoor air ordinance,
noting he does not feel it is reasonable for one who chooses to smoke to impact others.
Ms. Elizabeth Roberts, 520 North Bozeman Avenue, stated she works for a non-profit organization
with an office in a downtown building, where one person in another office smokes and subjects the entire
building to secondhand smoke. She then voiced full support for an ordinance that prohibits smoking in all
public places.
Dr. William Mealer stated he is a plastic surgeon who practiced in California for twenty years,
concentrating on the head and neck. In his work, he has seen a number of people who smoked or worked
in a smoking environment, and cautioned that new research has found secondhand smoke much more
dangerous than previously thought. He concluded by stating people should have an opportunity to work in
a smoke-free environment.
Ms. Linda Lee, representing ProtectMontanaKids.org, noted that Bozeman is simply one in a growing
list of communities considering clean indoor air ordinances. She stated that, according to the EPA,
workplace exposure to secondhand smoke causes more diseases, health problems and death than all other
toxins combined; and while those many toxins are regulated individually, tobacco smoke is not. She
concluded by encouraging the Commission to not worry about enforcement of the ordinance, particularly
in light of the results of recent surveys and information now available.
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Mr. Brett Cline, bartender at the Zebra Lounge, noted that Missoula enacted an ordinance that did
not result in the problems encountered in Helena. He suggested that resources could be better spent on
education than on legislation against adults who made the decision to smoke.
Ms. Myra Olson, 302 Teton Avenue, questioned why, as a smoker for 28 years, she now has no
rights because some people don't like cigarette smoke. She noted that people are losing more personal
freedoms every day and questioned why people are to be punished for a habit that is legal. She concluded
by asking that people be given the right to choose.
Ms. Laura Zimmer, 305 South 5th Avenue, stated she values the chance to work downtown;
however, she works in a building where other organizations don't have a no smoking policy. Since the
building has a single ventilation system, it is easy to tell when others are smoking; and she finds it a serious
compromise to the quality of the workplace. She then indicated support for the ordinance, for at least
daytime prohibition on smoking.
Ms. Lynn Walker, Gallatin Gateway, voiced concern about the potential loss of revenue to bars and
casinos if this ordinance is passed. She stated that six years ago, when their school was losing its athletic
program, the gaming industry dedicated over $10,000 to keep the program going; and Bozeman High
School has benefitted from several good athletes coming out of that program. Also, some of the students
would have become derelicts rather than athletes. She concluded by cautioning against taking action that
would potentially eliminate this type of community support.
Mr. Kurt Shull presented to the Commission a petition against the smoking ban containing over
2,000 signatures of clients, customers and employees. He then asked the Commissioners to consider the
negative impacts that a clean indoor air ordinance will have on bars and restaurants in light of reduced
business.
Mr. Ralph Ferraro, owner of the Rocking R Bar, stated he is opposed to the proposed ordinance,
noting that the Helena ordinance that served as the basis for this ordinance is in litigation, but the
ordinances in Missoula and Great Falls seem to be working. He urged the Commissioners to include an
option on the ballot for excluding bars and restaurants, stressing the importance of retaining American
choice.
Ms. Natalie Johnson, bartender and single mother, expressed concern that adoption of this
ordinance could seriously affect her income.
Mr. Dennis Davies, Jr., 8444 Bradley, stated he does not smoke or drink, but he views this as an
issue of choice. He noted that most smokers are courteous and, if asked, will go somewhere else to smoke.
He also questioned what the public will be protected from next. He voiced concern about the potential of
being sued if this ordinance is approved by the voters particularly since, the last time he checked, the City's
average in lawsuits is not very good. He concluded by stating the City's money could be better spent
elsewhere and encouraging the Commission to not place the issue on the ballot.
Break - 8:27 to 8:32 p.m.
Mayor Kirchhoff declared a break from 8:27 p.m. to 8:32 p.m., in accordance with Commission
policy.
Commission Resolution No. 3536 (continued) - placin.q smoking ordinance on November ballot
Ms. Vonda Laird, 414 North 20th Avenue, stated her biggest concern is the process to date,
particularly in light of her recent experience on a task force that brought together people with a broad range
of viewpoints. She stated the heavy hand of government should not be used; rather, people should be given
an opportunity to listen to others and discuss their views. She concluded by stating that to put this issue
on the ballot would be an error, and encouraged the Commission to reconsider the process.
Mr. Scott Tullinger stated he is a 22-year-old student and bartender. He noted that the money he
makes helps him pay for college and, without the job, he would not be able to go to school.
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Mr. Neil Summing, bartender at Little John's, indicated that he, too, is paying his way through
college. He also noted that, if he wishes to stay in Montana, his options for making a living are limited; and
he feels people should have a right to choose where they wish to go.
Ms. Laurissa Stigen, McAIlister, spoke in support of a clean indoor air ordinance. She noted there
is a declining use of tobacco among adults, and marketing to students is now being pursued. She cited
statistics and articles which reflect that smoke-free environments reinforce the message that smoking is not
socially acceptable or convenient. She stated that, while children are not the customers, they often suffer
from respiratory problems and ear infections and incur more potential for asthma when exposed to
secondhand smoke.
Mr. Bob Fletcher, The Cannery, characterized non-smoking parents as the best in the world.
However, he stated it is not the Commission's job to initiate a ballot measure that precludes indoor smoking
throughout the community. He also cautioned that prohibiting smoking in all establishments, including bars
and casinos, could result in a drastic reduction in business. He noted that, under the new revenue bill for
local governments, a 5-percent decrease in a single funding source can result in a review of the entire
funding package and an attendant decrease in funding from State sources. He concluded by cautioning
that a comprehensive ban on an issue that is so controversial is the wrong approach.
Mr. Joe Hamner, 111 Michael Grove Avenue, applauded the Commission for the privilege to vote
on this issue.
Ms. Liz Galli-Noble, 401 North Church Avenue, encouraged the Commission to put a comprehensive
ordinance on the ballot and let the voters decide.
Ms. Rhonda Carpenter, Rocky Mountain Gaming, cautioned that there may be side effects from a
smoking ban. She stated that the bars in Helena are empty, and tavern owners are talking about laying off
five to seven employees. Two bars are closing their doors, and the restaurants are closing with them. She
also cautioned that the funding bill referenced by Mr. Fletcher does provide consequences to those local
governments that take steps which result in a reduction in revenues. She stressed that with this reduction
trigger, the Legislature can open up the entire package and renegotiate with all cities. Further, she
encouraged the Commissioners to recognize the donations that the Tavern Association in Bozeman has
made and cautioned that those monies will be lost of their business is hurt. She concluded by encouraging
the Commission to look at the ordinances enacted in Missoula and Great Falls, since they seem to be
working and are not facing court challenges.
Mr. Mike Hope, 322 North 20th Avenue, owner of Ferraro's Fine Italian Restaurant, highlighted the
results of a scientifically sound survey done last week regarding the smoking ordinance. He noted that 40
percent of the 400 surveyed said there should be a ban; 41 percent indicated that bars should be exempted;
and 19 percent stated there should be no ban. Also, 79 percent of those surveyed felt more input is needed
before this is submitted to the public. He cautioned that, since this ordinance was prepared in a hurry, its
adoption could result in bad legislation. He noted that 90 percent of restaurants in Bozeman are non-
smoking, with 5 percent of those restaurants becoming smoke-free in the past year. He concluded by
asking that bars and casinos be removed from the ordinance prior to it being submitted to the voters, since
that is the contentious issue.
Mr. Brian Close, 406 East Olive Street, stated he does not support the clean air ordinance submitted
by the Tavern Association, characterizing it as unenforceable. He characterized this as a public health
measure, noting the Commission has complete authority to regulate the public health issues. He concluded
by stating that a review of sales taxes in other states reveals no economic impact from the passage of a
clean indoor air ordinance, and encouraged the Commission to place the comprehensive clean indoor air
ordinance on the ballot.
Mr. Dennis Alexander, City-County Board of Health member, noted that public health is always a
balance between individual rights and the public good. In the case of secondhand smoke, there is no
debate on public good; and it should be banned in all places. He encouraged the Commissioners to put this
issue on the ballot, thus allowing public input into the process.
Mr. Kelly Wiseman, 402 North Church Avenue, encouraged the Commission to put this issue on the
ballot.
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Mr. Jon Gerster, 719 North Wallace Avenue, stated that the testimony given tonight has been very
evenly split and encouraged the Commissioners to let the voters decide. He noted that the Constitution
does not guarantee one the right to smoke, and the Commission is responsible for public health, safety and
welfare. He concluded by asking the Commission to let the public do the informed and democratic thing.
Ms. Dana Pepper, 324 North Church Avenue, encouraged the Commission to let the citizens decide
if they want an ordinance to protect public health. She noted the importance of providing the facts, including
the hazards of secondhand smoke and the lack of negative economic impacts, so that voters can make an
informed decision.
Responding to Commissioner Cetraro, City Attorney Luwe indicated that adopting an ordinance that
exempts bars would entail a special meeting later this week. At that time, the Commission would also
consider a resolution placing an amendment to that ordinance on the ballot, to include bars in the clean
indoor air ordinance. He stated the result of that approach would be that the public would vote only on bars
and casinos, since the ordinance would already be in place. He then recommended against putting two
separate ordinances on the ballot, characterizing that option as confusing.
Responding to Mayor Kirchhoff, City Attorney Luwe recommended that the Commission not consider
adopting an ordinance if the voters do not approve the one on the ballot.
Further responding to Commissioner Cetraro, the City Attorney stated that, given the time crunch,
he would recommend creating the ballot issue and then enacting the base ordinance. He acknowledged
the risk is that the Commission may choose not to enact the base ordinance, leaving the ballot question with
no effect even if it passes.
Commissioner Brown noted the direction tentatively given the City Attorney was to draft a resolution
and an ordinance which are essentially a complete ban on smoking, with the exception of those places
typically exempted. He then indicated his preference for considering adoption of an ordinance that exempts
bars and casinos, possibly with requirements for separate ventilation systems and separation from other
uses, and allowing the voters to decide on the stronger alternative in November.
Commissioner Youngman stated her support for the two-tiered approach; however, she would like
to see a somewhat more restrictive definition of bars and casinos. She cautioned that information indicates
a ventilation system does not remove carcinogenic particulates from the air, making what appears to be a
non-smoking restaurant dangerous.
Responding to Mayor Kirchhoff, City Attorney Luwe indicated he will need to do research prior to
responding to Commissioner Youngman's proposal. He noted that a starting place may be to look at the
standard for restaurant beer and wine licenses.
Commissioner Cetraro asked about the method of enforcement and the costs involved.
Director of Public Safety Mark Tymrak responded that, if there is full compliance with the ordinance,
his department will incur no extraordinary costs; however, if there is resistance, enforcement could become
a very big issue. He indicated that if the ordinance is drafted with an exemption for bars and casinos based
on a percentage split between alcohol sales and food sales, the result could be a need for additional
resources.
Further responding to Commissioner Cetraro, City Attorney Luwe stated that a non-retaliation clause
is common in ordinances; and it can be enforced through complaint or civil suit.
Commissioner Hietala noted that the tavern owners seem to agree that some type of smoking ban
with certain exemptions is appropriate. He suggested that out of approximately 1,500 business
establishments in Bozeman, the type of ban being discussed would probably pertain to ten bars.
Mayor Kirchhoff suggested that providing for a few bars to allow smoking would truly result in a
choice for both customers and employees while implementing a significant public health and safety
ordinance.
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Commissioner Youngman suggested that if the Commission adopts a base ordinance, the remainder
of the comprehensive ordinance could be placed on the ballot.
Responding to Commissioner Cetraro, City Attorney Luwe once again cautioned against putting two
different ordinances on the ballot because of the potential for confusion.
A majority of the Commissioners directed the City Attorney to redraft the ordinance, to provide for
exemptions for bars and casinos under certain circumstances in the base ordinance, and to prepare an
amending ordinance that would remove those exemptions upon a vote of the people. The Commissioners
also set a special meeting for 7:30 a.m. on Wednesday, August 21, for consideration of those ordinances.
Break - 10:05 to 10:15 p.m.
Mayor Kirchhoff declared a break from 10:05 p.m. to 10:15 p.m., in accordance with Commission
policy.
Commission Resolution No. 3535 - placinq fire mill levy on November ballot
Previously distributed in the Commissioners' packets was a copy of Commission Resolution No.
3535, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3535
A RESOLUTION OF THE CITY COMMISSION SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTION OF
AUTHORIZING THE BOZEMAN CITY COMMISSION TO EXCEED THE STATUTORY
MILL LEVY ALLOWED BY SECTION 15-10-420, M.C.A., BY LEVYING UP TO EIGHT (8)
MILLS ANNUALLY, FOR A PERIOD NOT TO EXCEED THREE (3) YEARS, TO FUND
CAPITAL PROJECTS FOR THE BOZEMAN FIRE DEPARTMENT.
City Manager Johnson stated that Commissioner Cetraro had requested this item be removed from
the Consent Items for discussion.
Commissioner Cetraro asked about the possibility of reducing the mill levy to include a fire truck only
and then possibly purchasing a hazardous materials trailer in lieu of the truck proposed.
Commissioner Hietala questioned whether a new pumper truck is needed and proposed that it could
be purchased through a state loan with the other items being purchased separately.
City Manager Johnson stated that, in fact, the City could purchase the equipment without borrowing
monies; however, the capital improvement program identifies a bond issue as the funding source for the
fire truck. He cautioned that if no borrowed monies are used, then the items in the CIP will require reranking
to cover those additional costs.
Commissioner Cetraro indicated he could support a bond issue for $500,000 to purchase the
pumper truck and construct a clean room.
Commissioner Brown voiced support for including the hazardous materials truck in the bond issue,
noting it is badly needed.
Assistant Director of Public Safety-Fire Operations Chuck Winn acknowledged that, if the
Commission wishes to trim the figure, the two utility vehicles can be eliminated, the amount for the
hazardous materials truck could be reduced by $60,000 since the County has committed those monies to
the unit, and the $107,000 for renovations at Fire Station 2 could be reduced. He indicated that, with those
reductions, the bond issue could be reduced by roughly $200,000.
08-19-2002
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Responding to Commissioner Youngman, City Manager Johnson confirmed that it is difficult and
costly to sell a bond issue that is less than $1 million. As a result, he asked the Fire Department to identify
its needs to reach the $1 million threshold.
Assistant Director Winn stated that a group of firefighters specializing in apparatus needs
determined that better service could be provided with less manpower if one large truck were acquired to
serve as the hazardous materials vehicle and the rescue truck. He then indicated that Gallatin County has
purchased a trailer to house the hazardous materials equipment as an interim solution since the old bread
truck was taken out of service.
Commissioner Brown voiced support for keeping the proposed package intact, noting that they are
all legitimate needs. He acknowledged the importance of improving the capital items and infrastructure on
a city-wide basis.
Responding to Commissioner Cetraro, the City Manager confirmed that the alternative to this bond
issue would be to take monies from the City's General Fund to cover the costs of a new pumper truck. He
indicated that to repair the pump on the existing truck would cost $40,000 to $70,000; and it would still be
on a truck where the frame is falling apart.
Responding to Commissioner Hietala, the City Manager indicated that if the ballot issue fails, staff
will look at the used market or select a different apparatus to purchase.
Commissioner Cetraro voiced his interest in seeing the bond issue pass, and suggested that a
$500,000 bond issue may have a greater chance of passing than a $1 million bond issue.
Mayor Kirchhoff indicated his support for proceeding with a $1 million bond issue on the ballot,
particularly in light of the capital improvement program budget document.
Commissioner Youngman indicated that this proposed bond issue simply implements the capital
improvement program plan accepted by a citizens' panel and approved by the Commission.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commission
Resolution No. 3535, placing an additional mill levy to fund capital projects for the Bozeman Fire
Department on the November ballot, be adopted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner
Youngman and Mayor Kirchhoff; those voting No, none.
Continued public hearing - Major Site Plan - Ellerbe-Becket Construction Services for Bozeman
Deaconess Health Services - allow construction of new 82,073-square-foot medical office buildinq,
consisting of a two-story section and a three-story section on COS M-116 (Medical Office Building
IV) (Z-02142)
This was the time and place set for the continued public hearing on the Major Site Plan requested
by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No.
Z-02142, to allow construction of a new 82,073-square-foot medical office building, consisting of a two-story
section and a three-story section, on Certificate of Survey No. M-116. The proposed structure is known as
Medical Office Building (MOB) IV, and results in an expansion of the existing hospital and attendant medical
offices at 915 Highland Boulevard.
Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated
August 14, forwarding the applicant's request that this public hearing be continued to August 26, to give
them an opportunity to address concerns regarding some of the recommended conditions of approval.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued to August 26, per the applicant's request. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman,
Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
08-19-2002
-11 -
Continued public hearing - Major Site Plan - TriStar Communications for Barry Brown and Jerry
Locati - allow development of 180-foot-tall telecommunications tower with associated support
equipment on portion of Block 49, Northern Pacific Addition (Jayhawk Tower, 528 North Broadway
Avenue) (Z-02144)
This was the time and place set for the continued public hearing on the Major Site Plan requested
by TriStar Communications for Barry Brown and Jerry Locati under Application No. Z-02144, to allow
development of a 180-foot-tall telecommunications tower with associated support equipment on a portion
of Block 49, Northern Pacific Addition. The subject project is known as the Jayhawk Tower, and is located
at 528 North Broadway Avenue.
Mayor Kirchhoff reopened the public hearing.
Associate Planner Chris Saunders requested that the public hearing be continued to September 3,
due to a noticing flaw.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued to September 3, per staff's request. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala,
Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Continued public hearing - Major Site Plan with Certificate of Appropriateness TriStar
Communications for Lux Transfer and Storage - allow development of 180-foot-tall
telecommunications tower with associated support equipment on Lot 2, Tract 7, Gardner-Simmental
Plaza (Lux Tower, 145 Simmental Way) (Z-02143)
This was the time and place set for the continued public hearing on the Major Site Plan with
Certificate of Appropriateness requested by TriStar Communications for Lux Transfer and Storage under
Application No. Z-02143, to allow development of a 180-foot-tall telecommunications tower with associated
support equipment on Lot 2, Tract 7, Gardner-Simmental Plaza. The subject project is known as the Lux
Tower, and is located at 145 Simmental Way.
Mayor Kirchhoff reopened the continued public hearing.
Associate Planner Chris Saunders stated no additional public testimony has been submitted. He
then indicated that, distributed in the packets was a memo dated August 15, in which he provided responses
and options to the eight items about which Commissioners had voiced concerns during last week's public
hearing.
Responding to Commissioner Hietala, the Associate Planner confirmed that collation of antennae
in stealth locations, such as steeples, flagpoles, ballfield light standards, grain elevators and tall buildings,
is encouraged under the City's zone code by providing a simpler process and less review. He stated that
large, freestanding towers are subject to a lengthier and more intensive review. He then indicated that a
master siting plan could be beneficial; however, he cautioned that different services have different needs.
Also, the market, users and technology are ever changing; and what meets today's needs may not be
adequate in twenty years. He noted that the policy a few years ago was that fewer and taller towers were
preferable and recognized that philosophy can be changed if shorter towers are determined the better
option.
Commissioner Hietala voiced his interest in studying this issue further before making a decision.
Commissioner Brown indicated he has done research on this issue during the past week., including
a review of the notebook on file in the Clerk's office; and he found that the Commission is dealing with
emerging communications.
Associate Planner Saunders noted some of the concerns revolved around lighting and stated an
official notification letter from the FAA indicates no light is required for the Lux Tower. He then suggested
one option to address lighting would be to establish a floating height that keeps the maximum height below
the level where lighting would be mandated.
08-19-2002
12-
Responding to a suggestion from Commissioner Hietala that lower towers, obscured from view, are
preferable, Associate Planner Saunders cautioned that there is a level under which towers become
ineffective; and a 60-foot tower is essentially the lowest functional height.
Mayor Kirchhoff indicated he is sympathetic to Commissioner Hietala's suggestion for a master plan
but cautioned that information must be considered in conjunction with landowner willingness to allow a tower
and the underlying zoning designation. Also, others have taken a lead on the siting of towers through the
zoning process.
Associate Planner Saunders indicated that topography will also have a bearing on where towers can
be most effectively located.
Responding to City Manager Johnson, the Associate Planner indicated that one mechanism for
ensuring a tower is filled is to not allow another tower until existing towers are filled, which is allowed under
the zone code as written. He then noted that having open slots on a tower is not desirable from a revenue
standpoint.
Mr. J.R. Reger, applicant, stated he has submitted information regarding property values from a
licensed appraiser in Billings. Also, he has provided an MLS listing of those properties within six blocks of
towers with the sales prices both before and after the towers were installed; and that information reflects
that the values of those parcels increased anywhere from 8 to 30 percent. In response to radio frequency
issues, he indicated that the only option is to call the FCC and submit the name and call sign of the
communication company that seems to be causing the problem, and they will investigate the complaint.
Mr. Reger suggested that this single collocation tower will eliminate the need for multiple towers;
and the one tower proposed can accommodate what ten 60-foot towers could accommodate. He indicated
that many companies are locating in Bozeman simply because of the technological market; and if a tower
is available, they will not need to construct one.
Mr. Reger stated he has no problem with the revised Condition No. 1 as long as all carriers are
required to pay their fair share of the costs involved. He then turned his attention to dark towers, noting that
he has a clause in his lease that states if a tower becomes obsolete, it must be removed and the ground
restored to its original condition. Further, the lease for collocation on the tower requires him to maintain it,
although he noted that monopoles require very little maintenance. He indicated that he needs a lease in
place prior to constructing a tower to ensure adequate cashflow for the project. He concluded by stating
that no lights are required, so shielding them from the ground is not an issue.
Responding to Commissioner Hietala's desire to study the issue for a few weeks prior to making a
decision, City Attorney Luwe cautioned that federal law requires action within a reasonable timeframe.
Mr. Don Lucker, 2408 Par Court, addressed a variety of issues pertaining to towers. He stated that
in New York, the burden to do an impact study to justify a tower was placed on the provider. He indicated
that studies in other areas have reflected a decrease in property values after installation of a tower. He then
indicated that this applicant has not provided a study to show it will perform as portrayed or adequately
provide for collocation. He cautioned that the local Airport Manager may require that a tower be light. He
concluded by indicating that the applicant has not provided information reflecting that the tower will be filled
at a fair market value.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
City Attorney Luwe encouraged the Commissioners to make their decision based on testimony
received during the public hearing, noting they can take one or two weeks to make that decision if they so
desire. He indicated that only three towers are now pending and, if the Commission is concerned about the
proliferation of towers, it could pass another moratorium to further study the issue and the procedures.
Commissioner Youngman suggested that distance from existing residential development and roads
might be as important as height.
Due to the lateness of the meeting, Mayor Kirchhoff suggested that the decision be delayed for one
or two weeks, so the Commission has more opportunity to discuss the various options.
08-19-2002
13-
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the decision
on this Major Site Plan with Certificate of Appropriateness be delayed for a period of one week. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Continued public hearing - Major Site Plan - TriStar Communications for Barry Brown and Jerry
Locati - allow development of 180-foot-tall telecommunications tower with associated support
equipment on portion of Block 49, Northern Pacific Addition (Jayhawk Tower, 528 North Broadway
Avenue) (Z-02144)
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be reopened. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff;
those voting No, none.
Mr. Barry Brown, 525 Summer Ridge Road, indicated he is one of the owners of the property on
which the proposed tower is to be constructed. He noted that, based on his own experience with wireless
services, he believes this tower will result in an improvement in the community's infrastructure. He stated
that a tower in this location will have minimal impacts on the area, since its visibility will be limited from the
interstate and its siting is designed to minimize impacts on residences in the surrounding area.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be once again continued to September 3. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner
Hietala and Mayor Kirchhoff; those voting No, none.
Public hearing - Certificate of Appropriateness with deviations from Section 18.18.050 of the
Bozeman Municipal Code to allow one existing storaqe structure to encroach 4 feet into the required
5-foot side yard setback and from Section 18.50.060.D., to allow another storage structure to
encroach 63 feet into the required 75-foot watercourse setback on Lots 8 through 12, Block 118,
Northern Pacific Addition - Patrick and Cheryl Ott, 717 North Church Avenue (Z-02174)
This was the time and place set for the public hearing on the Certificate of Appropriateness with
deviations from Sections 18.18.050 and 18.50.060.D. of the Bozeman Municipal Code, as requested by
Patrick and Cheryl Ott under Application No. Z-02174, to allow one existing storage structure to encroach
4 feet into the required 5-foot side yard setback and another storage structure to encroach 63 feet into the
required 75-foot watercourse setback on Lots 8 through 12, Block 118, Northern Pacific Addition. The
subject property is located at 717 North Church Avenue.
Mayor Kirchhoff opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub.
He noted that the applicant has acquired a house from West Babcock Street and split it in two for storage
units. One of those portions is to be located on an 18-foot by 12-foot concrete slab located just 11 to 12 feet
from Bozeman Creek; and the other portion is to be located one foot from the south side property line, in
what was previously one-half of the east/west alley right-of-way.
Planning Director Epple stated that former Historic Preservation Planner Jim Jenks provided the
analysis included in the written staff report. In light of responses to the applicable criteria, staff has
forwarded a recommendation for approval of the deviation from the side yard setback but recommended
denial of the deviation from the watercourse setback.
Mrs. Cheryl Ott, applicant, stated they have owned this property for 27 years, and her in-laws had
owned it for 40 years before that. She noted that the shed on the north side of the property, closest to the
creek, was removed several years ago; and the pad for the new storage shed is in the same location. She
indicated that the relocated units are historic in nature, and they felt that using them as storage sheds would
add character to their property and the neighborhood. She stated the smaller unit, which also replaces a
previous storage shed, is to be sided and painted like their house.
08-19-2002
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Mrs. Crt stated their house is not located in the floodplain; rather, it is located on the high side of the
creek. She concluded by stating that the existing garage is closer to the creek than the concrete pad for
the storage shed and requesting approval of both deviations.
Ms. Velma McMeekin, 425 East Cottonwood Street, stated her property adjoins the Ott property,
noting they have been neighbors for 23 years. She encouraged approval of both deviations, stating there
are other structures in the area which are closer to the creek than what is proposed. She indicated that the
replacement shed will be an attractive addition to the property.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Brown noted that hardships for remodeling in this area were previously identified.
Commissioner Youngman noted the subject property is on the high side of the creek and not prone
to flooding. Aisc, approval of the requested deviations will not result in increased danger of flooding for
others.
Commissioner Hietala noted there are at least four commercial encroachments on the 75-foot
setback, and these requested deviations seem appropriate.
It was moved by Commissioner Cetraro, seconded by CommissiOner Youngman, that the Certificate
of Appropriateness with deviations from Sections 18.18.050 and 18.50.060.D. of the Bozeman Municipal
Code, as requested by Patrick and Cheryl Crt under Application No. Z-02174, to allow one existing storage
structure to encroach 4 feet into the required 5-foot side yard setback and another storage structure to
encroach 63 feet into the required 75-foot watercourse setback on Lots 8 through 12, Block 118, Northern
Pacific Addition, be approved subject to the following conditions:
Per Building Code, the construction of eaves along the southern elevation of the
south storage structure shall not be over half the distance to the property line, a
distance of six (6) inches. Said shed shall not encroach into the alley right-of-way.
The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
zone code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting
No, none.
Public hearinq - Major Site Plan with Certificate of Appropriateness to allow construction of an
18,251-square-foot two-story industrial and office buildinq on Lot 1A-2, Minor Subdivision 41A -
Lowell Sprinqer for Chris Burqard (Biq Look Building, 705 Osterman Drive) (Z-02118)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by Lowell Springer for Chris Burgard under Application No. Z-02118, to allow
construction of an 18,251-square-foot two-story light industrial and office building on Lot 1A-2, Minor
Subdivision No. 41A. The subject project is known as the Big Look Building and is located at 705 Osterman
Drive.
Mayor Kirchhoff opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub.
He stated that staff has reviewed this application in light of the applicable criteria and staff's comprehensive
08-19-2002
-15-
findings are contained in the written staff report. Also, the Design Review Board has conducted its review
and recommended approval, subject to several conditions. He concluded by noting staff is very supportive
of ths project.
Mr. Lowell Springer, architect representing the applicant, stated he has no problem with the
conditions as recommended by staff. He indicated that, based on conceptual review of this project, they
made a few adjustments and feel the result is a development that will be very good in this entryway corridor.
He concluded by noting the applicant is interested in doing a quality project and has been involved in the
development of the proposed design.
No one was present to speak in opposition to the proposed project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Youngman noted it is nice to see this local business growing so well.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site
Plan with Certificate of Appropriateness requested by Lowell Springer for Chris Burgard under Application
No. Z-02118, to allow construction of an 18,251 -square-foot two-story light industrial and office building on
Lot 1A-2, Minor Subdivision No. 41A, be approved subject to the following conditions:
Additional landscaping shall be provided within the fifty (50) foot setback along
Frontage Road to provide additional screening for the parking lot. Said landscaping
shall be designed in clusters of varying types and species of plant materials and be
depicted as part of the final site plan submittal, subject to review and approval by the
Department of Planning and Community Development.
The applicant shall redesign the stormwater detention areas to be more of an
organic landscape feature, subject to review and approval by the Engineering and
Planning Departments. The stormwater detention ponds and swale depicted on the
final site plan shall not make up more than 1/3 of the street frontage and shall not
exceed 1Y2 feet in depth and shall provide a maximum slope of 1:4 or 25 percent.
o
The applicant shall provide a three-foot-wide sidewalk along the southern portion of
the building. Said sidewalk shall connect to the sidewalk along Osterman Drive to
facilitate safer pedestrian travel from the southern parking lot to the main entrances
of the building and shall be shown on the final site plan.
The applicant shall reconfigure the northern parking lot on the final site plan to
facilitate better vehicular and pedestrian circulation by removing the northwestern-
most space and by replacing the two-space parking lot with landscaping and a
sidewalk extension.
The applicant shall incorporate visually-obvious window sills for all first floor
windows with the brick veneer background to provide additional character-giving
features and to help form an enhanced connection between the building and the
ground. Said sills shall be depicted on the exterior elevations as part of the final site
plan submittal.
The applicant shall incorporate a type of base treatment on the exterior elevations
of the final site plan to de-emphasize the mass of the building and form an
enhanced connection between the building and the ground.
The location, placement, and size of all proposed rooftop and ground-mounted
mechanical equipment and the method of screening such equipment shall be
depicted on the site plan and the exterior elevations as part of the final site plan
submittal. Ground-mounted equipment shall be screened from all views by either
dense plant material or a solid wall. Rooftop mechanical equipment shall be either
fully screened by incorporating the equipment into the roof form or be fully hidden
behind a parapet wall.
08-19-2002
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10.
11.
12.
13.
14.
15.
16.
17.
The applicant shall provide a color palette and sample materials board for review
and approval by ADR Staff prior to final site plan approval.
Seven (7) copies of the final site plan containing all of the conditions, corrections
and modifications approved by the Development Review Committee (DRC) shall be
submitted for review and approval by the Planning Director within six months of the
date of City Commission approval.
A building permit must be obtained prior to the work, and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A
BUILDING PERMIT IS OBTAINED.
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be secured by
a method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a period of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9) months of
occupancy to avoid default on the method of security.
This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawing shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the zone code.
Per Section 18.50.035.A.3 "Lighting Standards," lighting standards used to illuminate
off-street parking areas shall not exceed 20 feet or the height of the tallest building
on the lot, whichever is lower. In addition, detail shall be provided on the final site
plan identifying the wall-mounted light design. Any lighting shall be arranged so as
to deflect light down and/or away from any adjoining properties and shall not detract
from driver visibility on adjacent streets. Luminaires and lenses shall not protrude
below the edge of the light fixture per Section 18.50.035.1.
Per Section 18.49.040.C.3 "Preparation of Landscape Plan," landscape plans shall
be prepared and certified by a registered Montana landscape architect, an individual
with a degree in landscape design and two years of professional design experience,
or an individual with a degree in a related field and at least five years of professional
design experience.
Per Section 18.65.080, the applicant shall provide a comprehensive signage plan
prior to final site plan approval. The purpose of the plan is to coordinate graphics
and signs with building design and shall be subject to review and approval by the
Planning Department. All signs shall be constructed of permanent durable materials
that exhibit an appearance of professionally executed graphic quality, i.e. relief and
materials. The comprehensive sign plan shall depict the relief of each sign,
materials, color and amount of illumination. The comprehensive signage plan shall
be submitted with the final site plan application.
The final site plan shall be adequately dimensioned.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
08-19-2002
-17-
details (including basin sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
A stormwater easement must be established on the adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
18.
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 line or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
19.
Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
20.
21.
The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants. Proposed main extensions shall be labeled "proposed".
The drive approach shall be constructed in accordance with the City's standard
approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
22.
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.
23. All existing utility and other easements must be shown on the final site plan.
24.
Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
25.
Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
26.
All outstanding punch list items on the subdivision improvements must be complete,
and the final paperwork submitted to the City prior to final site plan approval for this
project.
27.
A release and re-conveyance document must be completed and submitted for the
easement for the existing stormwater pond. A new easement document must be
completed and submitted for the relocation of the pond. Both must be completed
and accepted prior to final site plan approval.
28.
Application and fees for the domestic water and sanitary sewer shall be paid at the
Building Department prior to building permit approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
08-19-2002
-18-
(1) Agenda for the County Commission meeting to be held at 9:00 p.m. on Tuesday, August 20,
at the Willson School Board Room.
(2) Agenda for the Cemetery Board meeting to be held at 1:00 p.m. on Tuesday, August 20, in
the Commission Room.
(3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, August 20, at the Professional Building.
(4) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 8:00 p.m. on Tuesday, August 20, in the Commission Room.
(5) Minutes from the Cemetery Board meeting held on May 21.
(6) Commissioner Brown announced that Don Frye III has agreed to be on the Bozeman Alcohol
Policy Advisory Council.
(7) Director of Public Service Debbie Arkell announced that Street/Sanitation Superintendent
Roger Sicz is retiring on August 30. His retirement party is being held at 5:30 p.m. on Friday, August 23;
and a presentation is scheduled at the August 26 Commission meeting.
Adiournment - 11:55 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
STCVE~ R. KI~RCi:~=fOFF, Mayor
08-19-2002