HomeMy WebLinkAbout2002-08-12 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 12; 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, August 12, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro,
Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney/Acting City Manager
Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Acting City Manager Luwe requested that Commission Resolution No. 3535 and authorization for
the City Manager to sign the easements from Home Depot U.S.A. be removed from the agenda and that
the final plat for Cattail Creek Subdivision, Phase I, be removed from the Consent Items for discussion.
Minutes - January 18, 2000, and May 13, July 22 and August $, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of July 22, 2002, be approved as amended and that the minutes of the meeting of August
5, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye
being CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13,
2002, to a later date.
Consent Items
Acting City Manager Luwe presented to the Commission the following Consent Items.
Ordinance No. '1572 - Zone Map Amendment - from "BP" to "B-2" on 20.33 acres
described as Certificate of Survey No. 331 (Rolfe property on west side of
North 19th Avenue); provisionally adopt and brinq back in two weeks for final
adoption
ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "B-P"
(BUSINESS PARK DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 20.33
ACRES LOCATED IN THE NORTH HALF, SOUTHEAST QUARTER OF SECTION 3,
TOWNSHIP '1 SOUTH, RANGE $ EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN
COUNTY, MONTANA.
Authorize City Mana.qer to siqn - Amendment No. 2 to Professional Services
Agreement for 1997 Water Replacement Projects - HKM Enqineering, Inc.
Authorize City Manaqer to siqn - Amendment No. 2 to Professional Services
Agreement for Collection System Improvements - Entranco, Inc.
Ratify City Manager's signature - Aqreement with Lanette Windemaker for planning
consultant services
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Authorize Mayor to siqn - Findings of Fact and Order - modification of conditions for
preliminary plat for Cattail Creek Subdivision, Phase I (P-02002A)
Authorize Mayor to si,qn - Findinqs of Fact and Order - preliminary plat for R&D
Holdin(i Subdivision (subdivide 19.6 acres alonq east side of Cottonwood
Road between Huffine Lane and West Babcock Street into 5 lots for
commercial development) (P-02007)
Buildinq Inspection Division report for July 2002
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor
Kirchhoff; those voting No, none.
Commission Resolution No. 3535 - placing fire mill levy on November ballot
Authorize City Manager to sign - Tschache Lane Street/Utility Easement and Temporary Cul-de-Sac
Easement on Lot 2, COS No. 2089 - Home Depot U.S.A., Inc. (west side of North 19th Avenue
between Tschache Lane and Baxter Lane)
Included in the Commissioners' packets was a copy of Commission Resolution No. 3535, entitled:
COMMISSION RESOLUTION NO. 3535
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING AUTHORIZATION TO THE BOZEMAN CITY COMMISSION TO LEVY UP
TO EIGHT (8) MILLS ANNUALLY FOR A PERIOD NOT TO EXCEED THREE (3) YEARS,
TO FUND CAPITAL NEEDS FOR THE BOZEMAN FIRE DEPARTMENT.
Also included in the Commissioners' packets were copies of the Tschache Lane Street/Utility
Easement and the Temporary Cul-de-Sac Easement for the Home Depot site.
Acting City Manager Luwe reminded the Commission that he had asked that the items be removed
from the Consent Items, and then requested that action on these two agenda items be delayed for a period
of one week due to errors in the documents.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that action on these
two agenda items be delayed for a period of one week. 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.
Approval of final plat for Cattail Creek Subdivision, Phase I (subdivide 60.65 acres described as Lot
2A, Minor Subdivision No. 145A, into 19 multi-family lots and 19 commercial lots (west end of
Catron Street) (P-02028)
Included in the Commissioners' packets was a copy of the final plat for Cattail Creek Subdivision,
Phase I.
Acting City Manager Luwe reminded the Commission he had requested this item be removed from
the Consent Items for discussion. He noted that the Letter of Credit has not yet been submitted or the
Improvements Agreement accepted for this subdivision. He requested that the Commission approve the
final plat, contingent upon Director of Public Service approval of the Letter of Credit and Improvements
Agreement.
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It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the final plat
for Cattail Creek Subdivision, Phase I, subdividing 60.65 acres at the west end of Catron Street into 19
multi-family lots and 19 commercial lots, be approved contingent upon Director of Public Service approval
of the Letter of Credit and Improvements Agreement. 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.
Presentation of budqet for City-County Health Department for Fiscal Year 2002-2003 - Health Officer
Stephanie Nelson
Included in the Commissioners' packets was a memo from Health Officer Nelson, dated August 5,
forwarding the Gallatin City-County Health Department Proposed FY2002-2003 Budget.
Health Officer Stephanie Nelson noted that the budget for Fiscal Year 2002-2003 supports the
strategic activities that she identified in her presentation to the Commission in May. She stated that the
County Commission has delayed approval of the budgets for the County until August 21, at which time it
will consider the City's action on this budget. She then indicated that the major changes in this budget relate
to employee salades since the County is moving from a linear pay system to a market based system, with
a performance based system anticipated in the future.
Responding to questions from Commissioner Hietala, Health Officer Nelson stated that the City's
contribution to the Department is through a 5.01-mill levy assessed by the County on all properties within
Gallatin County, including Bozeman. She indicated that she will have County Fiscal Officer Ed Blackman
prepare a memo more fully explaining the funding sources for this budget.
Responding to Commissioner Youngman, Health Officer Nelson stated that the cuts made during
the recent special legislative session will cause her department to look at the highest priorities for those
most at risk, cautioning that those changes will probably result in more unmet needs for the mentally ill.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the proposed budget for the City-County Health Department for Fiscal Year 2002-2003
as submitted. The motion carded by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those
voting No, none.
Public review - application for loan from Community Development Block Grant Economic
Development Revolvinq Loan Fund - MicroLab, Inc.
This was the time and place set for review of the application submitted by MicroLab, Inc., for a loan
from the Community Development Block Grant (CDBG) Economic Development Revolving Loan Fund.
Ms. Alicia Bradshaw, Executive Director of the Gallatin Development Corporation, distributed
brochures on MicroLab, after which she presented the staff report. She stated that the CDBG Economic
Development Loan Review Committee has reviewed this application and forwarded a recommendation for
approval, subject to conditions. She noted that the Mr. John Amend, President of MicroLab has been in the
Bozeman area for many years, teaching and developing technology at MSU. He has created products over
the past couple years and is now beginning to sell those products, with over 50 percent of the revenues
coming from outside the area. She noted the applicant is seeking a $160,000 loan for this start-up
company. The company now has three employees with an additional five positions to be filled as a result
of this loan.
Mr. John Amend, applicant, gave a power point presentation on the company and showed the
Commissioners samples of the products. He stated the products are computer-based and electronic, and
are to be used in the sciences and agriculture. Their markets will include both education and industry, and
marketing strategies will include use of websites and exhibits at conferences.
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Mr. Amend stated that neady $400,000 has been put into the company before this loan request; and
he projects that $50,000 of the loan proceeds will be dedicated to engineering and manufacturing, $85,000
to salary support and $25,000 to initial marketing. He indicated that this loan will allow the company to put
product on the shelf and help ensure the salaries of the employees.
After completion of his presentation, Mr. Amend responded to several questions from Commissioner
Hietala. He indicated that an inordinate percentage of the initial costs will be involved in research and
development, and he expects that to change as the company and its products become more established.
He indicated that the initial profits will be put into research and development and into salaries. He noted
that, working through the University, his group developed a product in the early 1990s which the University
marketed and subsequently sold to a Pennsylvania company. He stated the group has now chosen to
create products and market them through its own company. He concluded by indicating that, as the result
of an exhibit at a recent conference, the company is beginning to receive orders.
Responding to questions from Commissioner Brown, Acting City Manager Luwe stated that the next
step after Commission action is to prepare loan documents which reflect the conditions and terms set in that
action. He indicated that those documents will be reviewed by the City's legal staff and finance staff prior
to execution.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the application
submitted by MicroLab, Inc., for a $160,000 loan from the Community Development Block Grant (CDBG)
Economic Development Revolving Loan Fund be approved subject to the following conditions: (1) the loan
shall be at five percent for a period of five years; (2) payments of interest only for the first six months,
followed by payments of principal and interest for the remaining four and one-half years; (3) the funds will
be used to assist in purchasing inventory and to fund engineering and sales positions; (4) collateral on the
loan will be in first position on all business assets, inventory and intangibles; (5) the primary shareholder
will personally guarantee the loan; (6) payments on loans from shareholders will be subordinate to this loan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Ordinance No. 1567 - addinq Chapter 12.22 to the Bozeman Municipal Code, allowinq sidewalk
vendors and sidewalk displays on portions of Main Street in the downtown area
Included in the Commissioners' packets was a copy of Ordinance No. 1567, as approved by the City
Attomey, entitled:
ORDINANCE NO. 1567
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING
CHAPTER 12.22 ALLOWING SIDEWALK VENDORS AND SIDEWALK DISPLAYS ON
PORTIONS OF MAIN STREET AND REVISING SECTION 12.12.020 TO ELIMINATE
CONFLICTS WITH THE NEW CHAPTER.
Staff Attorney Patricia Day-Moore reviewed the revisions in the ordinance as a result of last week's
discussion. She then noted that she has received a couple of requests for removal of the time restrictions
to allow vendors to operate at night after the bars close. She stated that is currently prohibited under the
6:00 a.m. to 9:00 p.m. time restrictions.
Commissioner Brown noted that the reference to "block face" rather that "block" needs to be
included, based on last week's discussion. He then asked if the measurements included in the ordinance
for clear walk space and restricted area from the curb are adequate or if additional language is needed to
address the problems that arose during Crazy Days.
Staff Attorney Day-Moore stated she feels the measurements in the ordinance, when coupled with
the width of the sidewalk, will determine the amount of space available for tables, benches and signs.
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Responding to questions from Commissioner Cetraro, the Staff Attorney stated the limitation on the
number of vendors allowed per block face does not pertain to Crazy Days, which is covered under a blanket
permit issued to the Downtown Bozeman Association. She then indicated that, at the present time, vendor
permits are issued on a first come, first served basis.
Responding to Mayor Kirchhoff, City Attorney Luwe suggested that the hours of operation be
revised, possibly to 3:00 a.m., if the Commission wishes to accommodate the request to serve to the bar
crowd. Staff Attomey Day-Moore noted that specific hours of operation could be included in the permit for
each vendor that may be more restrictive than the hours in the ordinance.
Mr. Bob Fletcher, The Cannery, stated he owns two businesses and three buildings in the downtown
area, and he holds the permit for a vending cart in his block. He noted that the one per block limitation has
worked well; and he is very concerned with the proposed two carts per block face. He stated that the
businesses located downtown have made a commitment to the community, and many of them have incurred
significant costs to become established. He cautioned that the vending cads represent unfair competition,
since they don't have those costs and can operate only during the good times. He also indicated he does
not support the late night operations, noting that is a time when the streets should be tamed. He suggested
that the empty building formerly occupied by Conlin's would be a good location for a food court for those
wishing to sell in the downtown area, and that would put them on an equal footing with others on Main Street
since they would be required to address the issues of garbage collection and parking.
Ms. Marilyn Tracz, Downtown Bozeman Partnership, stated she is concerned about any possible
size limitations on tables, noting she feels that requiring a 5-foot-wide unobstructed path for pedestrians is
adequate. She then voiced concurrence with Mr. Fletcher's comments, stating she feels that allowing
twenty vending carts along Main Street is inappropriate and results in unfair competition to the downtown
restaurants and businesses. She addressed the issues of garbage and maintenance, noting that the
Downtown Bozeman Partnership takes care of the sidewalks and public garbage cans. She stated that,
while the City's ordinance requires sidewalk vendors to provide garbage receptacles, in reality people tend
to walk down the street as they eat, dropping their wastes in the public receptacles. She noted that the
vendors have no responsibility for cleaning up the sidewalks; the business owners or the Downtown
Bozeman Partnership are left to deal with the issue. She concluded by indicating she does not support the
request for expanded hours of operation, stating she feels that 6:00 a.m. to 9:00 p.m. is adequate.
Staff Attorney Day-Moore confirmed that at the present time only one cart is allowed per block, while
under this ordinance up to four vendors could be located in a single block. She stressed that these vending
carts are not limited to food services, and they must receive permission from the owner of the business to
set the cart at that location.
Responding to questions from Commissioner Brown, the Staff Attorney indicated that those serving
food must have a current inspection sheet from the City-County Health Department and must have a current
business license from the City.
Commissioner Youngman indicated her interest in revisions to the ordinance which would require
vendors to pay for the garbage service for the public garbage cans along Main Street, since she recognizes
most of their customers will use those cans rather than the cans by the cads. She noted that failure to
require such a contribution results in an additional burden on the business owners, which is unfair.
Mayor Kirchhoff asked the Commissioners to address the issues of the number of vending carts per
block, hours of operation, and possible contribution toward garbage service.
Responding to Commissioner Cetraro, the StaffAttorney stated that there are currently four vending
carts in the downtown, which is fewer than allowed under the current limitation of one per block.
As a result of discussion, the Commissioners agreed that the current limitation of one per block
should remain in place, and that a block should be defined as extending to the alleys on either side of Main
Street. They acknowledged that vending carts may be located on Main Street, Mendenhall Street or
Babcock Street between Broadway Avenue and Third Avenue.
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A majodty of the Commissioners also agreed that the hours of operation should not be extended
beyond 9:00 p.m. and could, in fact, be limited further on the individual permits. In response to comments
from Staff Attorney Day-Moore, they recognized that the hours may be extended under the special permit
section for special events, such as the Bite of Bozeman.
Regarding the issue of paying for garbage service, a majority of the Commissioners voiced support
for requiring those with vending carts to contribute to the costs of garbage collection from the downtown
containers, based on a percentage of a fixed fee.
Mayor Kirchhoff stated he does not want to create a disincentive for vending carts on Main Street,
stating he feels they create a good atmosphere in the downtown area and views them as an asset.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No.
1567, allowing sidewalk vendors and sidewalk displays on portions of Main Street in the downtown area,
be provisionally adopted with the following revisions: (1) one vending cart per block, with block being
defined as extending to the alleys on either side of Main Street, (2) hours of operation shall not be extended
beyond 9:00 p.m. and could, in fact, be limited further on the individual permits, except that the hours may
be extended under the special permit section for special events, and (3) vendors shall contribute to the
costs of garbage collection from the downtown containers, based on a percentage of a fixed fee, and that
it be brought back in two weeks for final adoption. 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.
Ordinance No. 1569 - settinq the salaries for the City Commissioners, effective July 1, 2002
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1569, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1569
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY
OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE
BOZEMAN MUNICIPAL CODE.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Ordinance
No. 1569, setting the Commissioners' salaries effective July 1,2002, be finally adopted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown
and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala.
Request for impact fee credits - City of Bozeman Engineering Department - WWTP Clarifier
Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated
August 2, forwarding the request for impact fee credits for the Wastewater Treatment Plant clarifier.
Associate Planner Saunders stated that if impact fees were not in litigation, they would be available
for this project. Since they are not available, the City's Engineering Department is requesting that impact
fee credits be awarded from one City fund to another, pending resolution of the litigation. He indicated that
staff has reviewed the request and forwards a recommendation for approval, subject to three conditions.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the request
for impact fee credits submitted by the City's Engineering Department for the Wastewater Treatment Plant
clarifier be approved, subject to the following conditions:
The credit will not be paid as cash at this time. The credit will be awarded as a sum
which will be paid back through a promissory note. Payment will become due 90
days after completion of the ongoing litigation. This mechanism is authorized by
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Section 3.24.100.G., Option 2. The final value will not be determined until final
project costs are available. An initial credit value of $558,800 has been identified.
If the final determination of Cause No. D¥-99-71 is that impact fees or impact fee
credits cannot be charged or credited by the City of Bozeman, then no impact fee
credit shall be available to the applicant under this award.
The applicant shall agree in writing to the above-listed conditions of approval and
the terms of the promissory note prior to the credits becoming effective.
The motion carried by the following Aye and No vote: those Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Request for impact fee credits - City of Bozeman Enqineerinq Department - VVWTP Diqester System
Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated
August 2, forwarding the request for impact fee credits for the Wastewater Treatment Plant digester system.
Associate Planner Saunders stated this is the same type of request as the previous agenda item,
and forwarded staff's recommendation for approval, subject to three conditions.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the request for
impact fee credits submitted by the City's Engineering Department for the Wastewater Treatment Plant
digester system be approved, subject to the following conditions:
The credit will not be paid as cash at this time. The credit will be awarded as a sum
which will be paid back through a promissory note. Payment will become due 90
days after completion of the ongoing litigation. This mechanism is authorized by
Section 3.24.100.G., Option 2. The final value will not be determined until final
project costs are available. An initial credit value of $433,070 has been identified.
If the final determination of Cause No. DV-99-71 is that impact fees or impact fee
credits cannot be charged or credited by the City of Bozeman, then no impact fee
credit shall be available to the applicant under this award.
The applicant shall agree in writing to the above-listed conditions of approval and
the terms of the promissory note prior to the credits becoming effective.
The motion carried by the following Aye and No vote: those Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Informal review - Montana Crane - allow installation of 2$0-foot collocation tower on property
located at end of Cedar Street, within the 1-90 corridor
Included in the Commissioners' packets was a memo from Assistant Planner Caroline, dated August
7, forwarding information on the proposed tower.
Assistant Planner Karin Caroline stated the subject property is located on Cedar Street, adjacent
to 1-90. She noted the applicant is proposing a 250-foot lattice tower in a chain link area that could be
expanded from 80 feet square to 100 feet square when necessary to accommodate the attendant buildings
and ground facilities. She noted the collocation tower is to be designed to accommodate five to eight
carders, with one parking space being provided for routine maintenance.
The Assistant Planner stated that the Development Review Committee has reviewed this application,
and their comments have been forwarded in the packet.
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Responding to Commissioner Hietala, Assistant Planner Caroline stated that staff has discussed
the need for a study to identify the number of towers required to provide coverage for Bozeman, but no such
study has been undertaken.
Commissioner Brown stated he shares Commissioner Hietala's concerns, and feels it is important
to coordinate the installation of towers. He questioned how many towers are needed and how tall they need
to be, voicing concem that the Commission does not have the expertise to evaluate the issue objectively.
Mr. Don Lucker, 2408 Par Court, Yellowstone Holding Company, stated he is the regional director
for this market. He stated the purpose of this review is to discuss plans and layouts that would best serve
Bozeman. He indicated that this tower location would provide versatility and the ability to provide service
to the community. He stressed that the subject area is industrial; and with the proposed height of the tower,
it can be loaded and remodeled, and can serve as an alternate location to the City's water tank. He stated
the site is located outside the downtown area and is easily accessible.
Mr. Lucker briefly turned his attention to the applications before the Commission during this
evening's public hearings, questioning whether 180-foot monopoles are the appropriate type of facility to
be constructed or if collocation towers are better. He asked who will maintain or remove a tower if it is
abandoned and whether fair market value rents are being charged.
Mr. Lucker stated he wants to work with the City to develop and administer a high-quality collocation
tower that is strong and has room to grow. He noted that he has no vendors at this time and needs a lease
before erecting a tower. He suggested that a similar requirement should be attached to those being
considered during this evening's public hearings. He also noted there is still room on the City's water tank
for another vendor and suggested that the Commission slow the process down and not approve tower
applications until a plan for the community has been developed. He noted that the telecommunications
industry has recently taken a hit and is not moving forward like it was a few short months ago.
Mayor Kirchhoff voiced appreciation for the tone of caution, recognizing that several questions and
issues were raised in the presentation. He suggested that master planning for towers may be the most
appropriate first step, including an impact analysis.
City Attorney Luwe asked about bonding and security deposits, and industry standards for dark
towers.
Responding to Commissioner Brown, Mr. Lucker suggested that the City could include a condition
that it has first right of refusal on acquisition of a tower than has had no activity for a specific period, such
as twelve or fourteen months.
Associate Planner Saunders cautioned that most towers are located on leased land or easements,
which could make purchasing of the tower a little more difficult.
Commissioner Youngman voiced her concern about a 250-foot-tall tower next to the Interstate,
although she finds that location preferable to being adjacent to homes. She then indicated she needs
additional information, including how far apart the towers are to be and how many will be needed to cover
the city besides those on the City's water tank.
Commissioner Brown suggested the possibility of putting antennae on the water tower at the Pea
Cannery rather than constructing a tower that he is not convinced is needed.
Commissioner Youngman asked for alternatives to the proposed 250-foot tower, noting there are
ways to disguise a tower. She also suggested that the Commission should be considering ways to mitigate
the impacts of such a large tower.
Mayor Kirchhoff stated his first choice is using the existing tall places, followed by addressing the
impacts of a tower and possiby disguising the installation.
Mr. Greg Poncelet, owner of the proposed site, stated there is an existing 170-foot-tall lattice tower
on his property on Griffin Ddve. Responding to the Commissioners, he estimated that tower is located 400
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feet east of North Rouse Avenue and 500 feet south of Griffin Drive. The subject site is approximately 200
to 300 feet from 1-90.
Responding to Commissioner Brown, Mr. Poncelet stated he has no problem with allowing the lease
to be assumed by someone else if the tower becomes abandoned.
Mayor Kirchhoff concluded the informal review by thanking the applicant for providing a significant
amount of technical information on the issue.
Appointment to Desiqn Review Board
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Randy Carpenter
be appointed to replace Nichole Wills as a non-professional member on the Design Review Board, with an
initial term to expire on June 30, 2003. 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.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Memo from City Engineer Rick Hixson announcing that City staff will require all utilities to be
elevated to the flood protection elevation, effective July 11.
(2) E-mail from Planning Secretary Carol Schott regarding Todd Buchanan's relocation to
Billings, resulting in an opening on the Zoning Commission.
(3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 13,
at Three Forks.
(4) Agenda for the School Board meeting to be held at the Willson School at 7:00 p.m. on
Monday, August 12.
(5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, August 13, at the Professional Building.
(6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August
13, at the Professional Building.
(7) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, August
13, in the Commission Room.
(8) Newsletter from Headwaters Recycling announcing that the next meeting will be held at
10:00 p.m. on Wednesday, August 14, at Three Forks.
(9) Minutes from the Community Affordable Housing Advisory Board meeting held on July 24.
(10) Minutes from the Montana Transportation Commission meeting held on May 30 in Helena.
(11 ) Commissioner Cetraro asked the Commissioners to consider the direction that the smoking
ban is going in, noting that at the present time, it's a complete ban or no ban at all. He noted that a public
opinion poll of city voters is to be taken by a private firm this week, and he would like to see those results
before taking action to place an ordinance on the ballot.
Commissioner Cetraro noted there are three existing ordinances in Montana and suggested that
voters be given a choice between the complete ban currently being proposed, which is being challenged
in court, and a less restrictive ban, similar to the two ordinances that have not been challenged in court.
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In light of a letter he received this week, he encouraged the Commissioners to consider a less restrictive
ordinance since a more restrictive ordinance is almost guaranteed to be subject to litigation.
City Attorney Luwe cautioned that providing choices can create confusion and that to do so could
result in a challenge on the validity of the vote. A majority of the Commissioners indicated they were not
willing to forward two choices, but to proceed with the more restrictive ordinance.
As a result of the discussion, the Commissioners chose to proceed with one ordinance, for
consideration at next Monday's meeting.
Recess- 5:45 p.m.
Mayor Kirchhoff declared a recess at 5:45 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Public hearing - Commission Resolution No. 3526 - levyin.q and assessinq street maintenance
district for Fiscal Year 2003
This was the time and place set for the public hearing on levying street maintenance district
assessments for Fiscal Year 2002-2003, as established by Commission Resolution No. 3526, entitled:
COMMISSION RESOLUTION NO. 3526
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE
OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Kirchhoff opened the public hearing.
Administrative Services Director Gamradt stated the proposed 3-percent increase in the assessment
rate is to cover inflationary costs of salaries, operations and capital. He indicated that the inflationary
increase allows the City to maintain the current level of services and avoids the potential of a large increase
in a single year.
Responding to Commissioner Hietala, the Director stated that the 3-percent inflationary figure was
set several years ago and acknowledged that inflation this past year was closer to 2 percent.
No one was present to speak in support of or in opposition to the assessments.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission
Resolution No. 3526, levying street maintenance district assessments for Fiscal Year 2002-2003, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those
voting No, none.
08-12-2002
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Public hearinq - Commission Resolution No. 3527 - levvinq and assessinq tree maintenance district
for Fiscal Year 2003
This was the time and place set for the public hearing on levying tree maintenance district
assessments for Fiscal Year 2002-2003, as established by Commission Resolution No. 3527, entitled:
COMMISSION RESOLUTION NO. 3527
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE
OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Kirchhoff opened the public hearing.
Administrative Services Director Gamradt noted his previous comments apply to this item as well.
In this instance, however, staff is proposing a 3-percent inflationary increase and a 2%-percent increase
to fund the capital improvement program.
Responding to Commissioner Hietala, the Director indicated that the city's growth rate is not
adequate to cover the additional revenues needed. He stated, in fact, that the proposed 5%-percent
increase will only result in approximately a 75-cent increase for an average residence.
No one spoke in support of or in opposition to the proposed assessments.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission
Resolution No. 3527, levying tree maintenance district assessments for Fiscal Year 2002-2003, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those
voting No, none.
Public hearinq - 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 Buildinq IV)
(Z-02142)
This was the time and place set for the 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.
Mayor Kirchhoff opened the public hearing.
Distributed to the Commissioners just prior to the meeting was an e-mail from Ellerbe-Becket
Construction Services requesting that this public hearing be opened and continued to a later date.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to next week's meeting, in response to the applicant's request. 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.
08-12-2002
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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 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 opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He noted that this application and the
next one are essentially the same. He stated that distributed just prior to the meeting were a memo dated
August 12, in which he forwarded a recommended replacement for Condition No. 1 on each of the
applications; a letter from Yellowstone Holding Company; and a letter from TriStar Communications, dated
August 7, regarding ice fall for the two towers.
The Associate Planner stated that the host site for this tower currently contains a large building with
a variety of users. The applicant proposes a small compound on the east side of the building, within which
the tower and support equipment are to be located. Industrial uses similar to those found in this building
are located to the north, east and south of the subject site, with a mix of residential and industrial uses to
the west. Locating the tower on the east side of the building, as proposed, will effectively screen the lower
25 or 30 feet of the tower from the street and the residences.
The Associate Planner stated that staff has reviewed this application in light of the applicable criteria
in the zone code, and staff's comprehensive findings are contained in the written staff report, along with a
recommendation for approval subject to several conditions. He acknowledged that the scale and height of
the facility are unusual in Bozeman, but the code contains a specific exclusion from the height limitations
for large scale broadcast facilities. He stated no lighting is proposed, and it is anticipated the FAA will not
require lighting since it is under 200 feet and is located more than three nautical miles from the airport.
Associate Planner Saunders stated the major item raised during review by the Development Review
Committee was the issue of functional interference with the City's emergency communications and services
equipment. He cautioned that the FCC has exclusive authority in regulating radio frequency. There are
roughly 27 different types of wireless services, and some of those are more closely controlled than others.
In light of the limitations on what a city may address, he has prepared the revised Condition No. 1, which
should address those concerns to the greatest extent possible under those restrictions.
Responding to questions from Commissioner Brown, Associate Planner Saunders stated that a
review of the number of licenses and providers should help to avoid building excess capacity. He then
noted that the City's water tank and essentially every tall building in the community has an antenna on it.
He noted this type of location is encouraged, but there are a finite number of buildings acceptable due to
height and location. Under the City's zone code, an individual wishing to erect a tower must demonstrate
that no technically or financially feasible alternative is available. He recognized that any telecommunication
provider is constrained by the existing network and that grids change with additional or different services.
He indicated there are three monopoles currently in the area and four facilities on the City's water tank. He
indicated that, with the many variables involved, someone with expertise in the field would be needed to
complete an analysis of the numbers and locations of facilities. He suggested that such a study should be
coordinated with the County, particularly because of the 9-1-1 system and radio frequency waves extending
beyond city boundaries. He indicated that locations along the interstate are preferred, since they provide
services for the traveling public.
Responding to Mayor Kirchhoff, the Associate Planner stated he feels Condition No. 1 as written
adequately addresses mitigations that are allowed under the federal regulations and the City's zone code.
Responding to Commissioner Youngman, the Associate Planner estimated that the subject site is
located 125 feet from the nearest residential lot line; and the applicant's engineer has submitted a letter
08-12-2002
13-
stating the collapse area of the tower would be approximately 60 feet from its base. Since the tower is to
be located in an "M-I" zone and the adjacent property is also an "M-I" use, he feels the collapse area is
adequate. He then indicated that under Condition No. 4, staff is proposing the tower be moved
approximately 30 to 40 feet south of the location proposed.
Mr. J.R. Reger, TdStar Communications, stated the tower is to be designed to carry six major
carriers and an almost unlimited number of small wireless carriers or data carriers. He noted that the two
towers proposed under this agenda item and the next agenda item are sufficient wireless infrastructure to
cover most of Bozeman; and their heights are adequate for line-of-sight companies. He stated that, at 180
feet, lights should not be required since the site is over three miles from the airport.
Mr. Reger stated that the towers are designed to withstand an unbelievable amount of stress,
including that created by hurricanes, earthquakes and tornadoes. This proposed site is in an industrial area
and is the best location to serve the interstate and the eastern half of Bozeman.
Mr. Reger indicated that radio frequency transmissions are harmless. He then turned his attention
to the issues identified by the Development Review Committee during its review, including possible
interference with public safety communication. He indicated that each licensed applicant purchases a
spectrum of frequencies under a license; however, there are also many unlicensed carriers that operate on
different frequencies.
Mr. Mark Spencer, 411 North Broadway Avenue, stated he recently spoke with the applicant about
the proposed tower. He noted he does not want to see a structure of this magnitude in this area, particularly
since it is immediately across the street from residences, and he feels a much better location than the one
currently proposed could be found.
Mr. Robert Kailey, 415 North Broadway Avenue, stated he lives immediately across the street from
the subject site. He is concerned about the unknown inhabitants of the tower, and cautioned that with the
rapidly changing technology, the circles of service could change dramatically. He cautioned that once a
tower is erected, it is reasonably permanent but may not be usable.
Mr. Kailey raised the issue of property values, voicing that no one would want to purchase a home
across the street from such a tower. He concluded by voicing his concern about the impacts that a wireless
tower might have on the wireless home network he has recently installed, particularly since a specific range
can cause interference in a Iow frequency network.
Mr. Don Lucker, 2408 Par Court, stated he feels the tower company has failed to prove compliance
with FCC issues. He also questioned whether the proposed tower will be strong enough to handle the six-
foot dishes that some carriers use and suggested that allowing one such carrier on the tower could
drastically reduce the number of carriers that can be accommodated. He then turned has attention to
frequencies, stating that the 2.4 gig frequency is an experimental one. He indicated that the information
submitted does not include the foundation for the tower, an analysis of the tower or an environmental report.
Mr. Lucker stated that in the event of a catastrophic event, towers are designed to sheer in the
center, not fall over. As a result, the collapse area is smaller than might be expected. He next addressed
the issue of lighting, noting that if an airport manager so determines, lighting may be required on towers as
Iow as 80 feet. He concluded by suggesting the Commission has the authority to deny this application
based on the failure to sufficiently answer questions.
Associate Planner Saunders stated that, based on review of a 1996 aerial photo of the area, the
distance to the corner of the nearest residential lot line is 200 feet. He then indicated that engineering
calculations for structural loads are typically required as part of the building permit application, not at this
stage in the process. Also, the environmental requirements can be addressed as each carrier requests
approval to attach to the tower.
Mr. J.R. Reger stated there are presently 18 carriers and 35 licenses in the area, and an infinite
number of unlicensed wireless providers; and these two towers will provide sufficient infrastructure to serve
the community. He indicated that the tower has not yet been purchased and assured the Commission it will
be engineered to handle large dishes. He also recognized that all of the federal and local regulations must
08-12-2002
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be met. He indicated that no tower will be constructed until he has a signed lease, so there is no concern
about a "dark tower" with the initial construction.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala requested that the decision be delayed for one week, to give him an
opportunity to study this issue further. He voiced interest in determining how to best prevent proliferation
of towers and ensuring that the conditions are fair and just.
Commissioner Brown requested that, prior to next week's decision, the Commission be provided
answers to some of the questions raised, including impacts on property values and radio frequency
interference. He then indicated it would be his preference to see the antennae added to the water tower
at the Pea Cannery rather than the construction of a new tower, if possible. Also, he asked if the conditions
could be written to allow for transfer of the land lease for the tower to another party that might assume
ownership of the tower.
Commissioner Youngman asked that the "dark tower" concept be addressed through the conditions
of approval.
City Attorney Luwe stated that legal staff has not had an opportunity to review the newly revised
Condition No. 1 and suggested that his staff could work with Planning staff to revise that condition prior to
next week's meeting if necessary.
Associate Planner Saunders cautioned that the water tower at the Pea Cannery is outside city limits,
so coordination between the City and the County would be necessary to place antennae on that facility. He
then indicated there are at least two carriers on the tower at the present time.
Mayor Kirchhoff requested that the decision on this application be placed on next week's agenda.
Public hearinq - 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 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 opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He stated that the subject property
is to be located on a larger host site that is developed. While the proposed site of the tower is not located
within an entryway corridor, corners of the larger site are located in both the 1-90 corridor and the North 19th
Avenue corridor, thus triggering the requirement for review under those criteria. He indicated that the
subject property and surrounding area are zoned and developed as light industrial.
The Associate Planner stated that the established minimum setbacks for the Gardner-Simmental
Plaza Subdivision far exceed those required in the City's zone code. As a result, the proposed tower and
fence will encroach into those setback requirements, and that will require approval from the review
committee within the subdivision. The applicant is to provide additional landscaping around the tower for
screening of the ground facilities. He then indicated that many of the issues and concerns raised during
the previous agenda item apply to this one as well.
Associate Planner Saunders stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the staff report. He concluded by forwarding
staff's recommendation for approval, with the newly revised Condition No. 1.
08-12-2002
15-
Mr. J.R. Reger, TriStar Communications, stated that this proposed tower is also designed to
accommodate six carriers and will be the same type of tower as the Jayhawk Tower. He indicated that he
has been contacted by two wireless internet companies and a major PCS carrier, and he projects there will
be three or four tenants on the tower within a year. He noted the ground lease contains a clause that if the
tower becomes obsolete, it is to be removed and the ground restored to its former condition. He indicated
that this tower is to be located on the west side of the community, where most of the growth is occurring,
and is designed to accommodate all of the traffic and companies that wish to collocate there.
Responding to Commissioner Brown, Mr. Reger stated the ultimate service area for a tower is just
under two miles.
Responding to Acting City Manager Luwe, Mr. Reger stated that he must have at least one tenant
before constructing a tower to ensure cash flow. He then noted that if a tower becomes obsolete, its steel
value is greater than the cost of taking it down.
Mr. Don Lucker, 2408 Par Court, cautioned against allowing the construction of a spec tower and
suggested that towers not be allowed until there is a signed lease, not just a letter of intent.
Mr. Jon Gerster, 719 North Wallace Avenue, submitted to the Commission a list of fifteen questions
he feels need tO be answered for any tower located within city limits. He also submitted copies of articles
on towers that he took off the internet, and asked the Commission to consider issues such as property
values, what happens when a tower collapses, and the preservation of scenic areas and viewsheds. In light
of the increased interest in erecting towers, he feels that more information is needed as well as a plan. He
then encouraged the Commission to deny the application because of the number of questions and the
potential risks, including interference with the 9-1-1 system.
Mr. Robert Burt, Cutthroat Communications, stated the company is interested in several different
sites and has selected none at this time. He indicated that this is a line-of-sight business, so tower height
is important to them.
Mr. Chds Nixon, 719 North Wallace Avenue, asked the Commission to take more time to get
questions resolved before approving this tower or the Jayhawk Tower. He stated he views this as a health
issue as well as an aesthetic issue.
Acting City Manager Luwe noted that Associate Planner Saunders has advised that the City cannot
regulate based on the environmental effects of radio frequency. He then cautioned the Commissioners that,
since this is a quasi-judicial proceeding, they cannot go to the website or obtain additional information after
the public hearing is closed; rather, he suggested that staff do the research and provide the information to
the Commission.
Commissioner Youngman requested that, if lighting is required on either this tower or the previous
tower, shielding on the bottom of the light be required. She then asked if the Commission can require a
tenant commitment prior to construction of a tower.
Associate Planner Saunders stated that the zone code requires an applicant to demonstrate need,
and suggested that the Commission could require that, prior to final site plan approval or before construction
begins, the applicant must have at least one legal contract for location on the tower.
Mr. J.R. Reger stated that he must have a tenant before erecting a tower so that he can service the
debt. He noted that, while he has a letter of intent for each tower, he has no lease at the present time. He
then indicated that, prior to next week's meeting, he will provide proof of effects on property values and the
language of conditions from other communities for Commission review.
Commissioner Youngman suggested that the public hearing remain open to allow for accepting
additional information regarding the questions asked, and proposed that the previous public hearing be
reopened as well.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued to next week's meeting to give staff an opportunity to respond to questions and provide the
08-12-2002
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information requested. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Public hearine (continued) - Major Site Plan - TriStar Communications for Barry Brown and Jerry
Locati - allow development of 180-foot-tall telecommunications tower with associated support
eQuir)ment on portion of Block 49, Northern Pacific Addition (Jayhawk Tower, 528 North Broadway
Avenue) (Z-02144)
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public
hearing be reopened and continued to next week's meeting to give staff an opportunity to respond to
questions and provide the information requested. 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.
Presentation from Planning staff re alternatives to address (1) height limitations in the BP zoning
district and (2) current residential zoning density limits
Included in the Commissioners' packets was a memo from Planning staff, dated July 30, requesting
Commission direction on two possible zone code amendments.
Associate Planner Chris Saunders noted that several alternatives for each of these amendments
are identified in the memo. He then indicated that he is seeking authorization from a majority of the
Commissioners to proceed with the amendments. On the issue of height limitations, he suggested a
blending of the second and fifth alternatives; on the density limits, the Commissioners agreed to consider
an amendment that brings densities into compliance with goals of the Bozeman 2020 Community Plan.
Discussion (continued) - FYI Items
(12) Acting City Manager Luwe submitted the following. (1) Stated that copies of Mr. Wittich's
letter were distributed just prior to the evening session. (2) Noted that the change made during the special
legislative session pertaining to funding for local governments applies only to counties and consolidated
governments; and the City of Bozeman was successful in getting the additional $220,000 in gambling
revenues.
(13) Commissioner Youngman submitted the following. (1) Reminded the Commissioners of the
need to fill the remaining vacancies on the Bozeman Alcohol Policy Advisory Council. (2) Asked how many
Commissioners plan to participate in the Park City SummerTour activities. She also suggested that the
Commissioners get a plaque for them. (3) Reminded the Commissioners that their evaluations are due to
Mayor Kirchhoff by Wednesday. (4) Noted that the trip to the White House to receive the All America City
award was fun and interesting, particularly since the presentation was made in the building in which her
Grandmother had worked.
(14) Commissioner Youngman suggested that, since the Commission has not acted on either
ballot issue, they consider writing, printing and distributing a newsletter this week. She noted that articles
could include pro and con for putting a strong smoking ordinance on the ballot, and another article could
address the fire ballot issue. She stated that the newsletter could then be completed with a picture of Will
Beardsley accepting the All America City award in Washington, D.C., and other "good news" articles. She
indicated a willingness to coordinate the letter but indicated she cannot write it all.
Commissioner Cetraro noted that Bozeman receives $880,000 in gaming revenues annually; and
he is concerned about the reduction that could occur with the adoption of a strong smoking ordinance,
particularly in light of Helena's recent experiences.
Mayor Kirchhoff stated that preparing and distributing a newsletter this week is possible, but will
require a substantial amount of effort. He then indicated his support for the idea if it can be accomplished.
08-12-2002
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Adjournment - 9:40 p.m.
Thero 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.
· KIROE~OFF, May6r/'~'
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
08-12-2002