HomeMy WebLinkAbout2003-01-06 Minutes, City Commission
.---.--.---..---- ----
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 6, 2003
*****************************
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, January 6,2003, 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, Staff
Attorney Tim Cooper and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18. 2000. and October 2. November 22. December 9. December 11. December 12.
December 16. December 23 and December 30.2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meetings of October 2, December 11 , December 12, December 16, December 23 and December 30,
2002, be approved as submitted, and that the minutes of the meeting of December 9, 2002, be approved
as amended. 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.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and November
22,2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Application for renewal of Liauor License - Baxter. Inc.. 105 West Main Street -
Calendar Year 2003
Award bid - 2003 Dump Truck for Water Department - Western Star/Sterling Trucks of
Montana. Helena. Montana. in the base bid amount of $56.450.00 plus Option
1. in the bid amount of $1.000. and Option 2. in the bid amount of $1.000. for
a total of $58.450.00
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, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Public review - application for loan from Community Development Block Grant Economic
Development Revolving Loan Fund - Golden Helix. Inc.
This was the time and place set for review of the application submitted by Golden Helix, Inc., for a
loan from the Community Development Block Grant Economic Development Revolving Loan Fund.
01-06-2003
-..-.......-..---.--.-- -
- 2 -
City Manager Johnson stated this application has been referred back to the Committee for additional
review and, as a result, requested that this item be withdrawn from the agenda.
Public hearina - intent to annex 4.04 acres described as Lots 3. 4.11 and 12. Gordon Mandeville
State School Section Subdivision (2311 North 7th Avenue) - Murdoch Familv Limited PartnershiD for
John Dorn. Mark Doualas Dorn and Lisa Ann Dorn IA-02011)
This was the time and place set for the public hearing on the intent to annex 4.04 acres described
as Lots 3, 4, 11 and 12, Gordon Mandeville State School Section Subdivision, under Commission
Resolution No. 3569, entitled:
COMMISSION RESOLUTION NO. 3569
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 INHABIT ANTS 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.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the subject property is
located along the west side of North 7th Avenue, immediately north of the current Big R Ranch and Home
site. The purpose of this proposed annexation is to allow for access to municipal infrastructure and services
with the applicant intending to redevelop the site as the corporate headquarters. He reminded the
Commission that the New Holland sales operation is currently located on the subject site, and the two
existing buildings are to remain.
The Senior Planner stated that, as a result of review against the goals and policies set forth in
Commission Resolution No. 3137, staff recommends approval of the request for annexation, subject to the
following being addressed prior to or in conjunction with the Annexation Agreement:
1. That the applicant execute at the Gallatin County Clerk and Recorder's Office
waivers of right-to-protest creation of SIDs for improvements to:
a. Sanitary sewer trunk main improvements to serve the property.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
2. That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
3. That provisions for water rights or cash-in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby at such time that said property is annexed to the City of
Bozeman said payment of calculated cash-in-lieu of water rights shall be made, and
prior to the City Commission adopting the Resolution of Annexation and accepting
the Annexation Agreement.
4. The property owner shall be advised that prior to development of the property, the
future developer may be required to prepare, at his own expense, a comprehensive
design report evaluating existing capacity of both water and sanitary sewer utilities.
01-06-2003
- 3 -
5. The Annexation Agreement shall include notice that, prior to development, a
stormwater discharge and grading plan shall be provided to and approved by the
City Engineer's Office.
6. That at the time of any new development on the property the land owners and their
successors shall pay all fire, street, water and sewer impact fees required by
Chapter 3.24, Bozeman Municipal Code.
7. The Annexation Agreement should include notice that, prior to development, the
developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman's
infrastructure Master Plan and all City policies and guidelines that may be in effect
at the time of development.
8. The applicant shall submit an Annexation Map, titled "Dorn Annexation Map" with a
legal description of the property for use with the Annexation Agreement. The map
must be supplied on a 18-inch by 24-inch mylar for City records, a reduced 8~-inch
by 11-inch or 8~-inch by 14-inch exhibit for filing with the Annexation Agreement at
the County Clerk and Recorder's Office, and a digital copy for the City Engineer's
Office. This map must be acceptable to the Director of Public Service and City
Engineer's Office, and shall be submitted with the signed Annexation Agreement.
9. That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
Responding to questions from Commissioner Brown, Senior Planner Skelton indicated that staff has
drafted an annexation agreement, based on the nine items listed above, for applicant review. He indicated
that the additional language regarding impact fees is contained in that document rather than in the
contingencies upon which approval is to be based. He stated that, due to groundwater degradation, City
water service is being provided to the existing site via temporary lines; and those services must be upgraded
to City standards in conjunction with annexation and improvements to the site.
Mr. Chris Budeski, Allied Engineering, representing the applicant, stated his concurrence with the
staff report as presented. He indicated that the applicant intends to extend Flora Avenue and the water line
to the north end of the property and replace the temporary poly line with a permanent copper service line.
He indicated that the three properties to the north, which are located outside city limits, will continue to be
served by the temporary line.
No one was present to speak in opposition to the proposed annexation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the request to
annex 4.04 acres described as Lots 3, 4, 11 and 12, Gordon Mandeville State School Section Subdivision
be initially approved and that staff be directed to bring back an Annexation Agreement addressing Item Nos.
1 through 9 listed above for Commission consideration. 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 hearina - Zone MaD Amendment - establish an initial municiDal zoning designation of "B-2"
on 4.04 acres described as Lots 3. 4.11 and 12. Gordon Mandeville State School Section Subdivision
(2311 North 7th Avenue) - Murdoch Familv Limited PartnershiD for John Dorn. Mark Doualas Dorn
and Lisa Ann Dorn (Z-02235)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
the Murdoch Family Limited Partnership for John Dorn, Mark Douglas Dorn and Lisa Ann Darn under
Application No. Z-02235, to establish an initial municipal zoning designation of "B-2," Community Business
District, on 4.04 acres described as Lots 3, 4, 11 and 12, Gordon Mandeville State School Section
Subdivision. The subject property is more commonly known as 2311 North 7th Avenue.
01-06-2003
------..- ---....--.-.--- ...
-4-
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that, in light of the Commission's
action on the previous agenda item, a municipal zoning designation must now be established. He stated
the applicant has requested a "B-2," Community Business District zoning designation, which is consistent
with the surrounding land use designations and uses.
The Senior Planner stated that staff has reviewed this application in light of the applicable criteria
and has forwarded a recommendation for approval of the requested zoning. Following its public hearing
on December 17, the Zoning Commission concurred in that recommendation.
Responding to questions from Commissioner Brown, the Senior Planner stated that, in conjunction
with connection to City services, the existing drainfield must be abandoned; and he indicated that issue is
addressed in the Annexation Agreement.
Mr. Chris Budeski, Allied Engineering, representing the applicant, stated that the requested "B-2"
zoning will allow for the proposed use as corporate offices for Big R, and encouraged Commission approval.
He turned his attention to the sanitary sewer issue, noting that the costs of extending a gravity flow line
across State lands to the existing trunk line are prohibitive. As an alternative, the applicant is considering
a lift station and a line extending through the existing parking lot to the trunk line in Mandeville Lane.
No one was present to speak in opposition to the proposed zoning designation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the
Commission initially approve the Zone Map Amendment requested by the Murdoch Family Limited
Partnership for John Dorn, Mark Douglas Dorn and Lisa Ann Dorn under Application No. Z-02235, to
establish an initial municipal zoning designation of "B-2," Community Business District, on 4.04 acres
described as Lots 3, 4, 11 and 12, Gordon Mandeville State School Section Subdivision; and authorize and
direct staff to bring back an ordinance enacting the zoning designation subject to the following conditions:
1. That the ordinance of the Zone Map Amendment shall not be adopted until the
resolution of annexation is adopted by the City Commission. If the annexation is not
approved, the application for a zone map amendment shall be null and void.
2. That the applicant submit a zone amendment map titled "Big RIDorn Zone Map
Amendment", on a 24-inch by 36-inch mylar, ml2-inch by 11-inch, or 8Y:i-inch by 14-
inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Service, which will be utilized in the preparation of the ordinance
to officially amend the City of Bozeman Zoning Map. Said map shall be prepared
by a surveyor licensed in the State of Montana and shall contain a metes and
bounds legal description of the perimeter ofthe subject property, total acreage ofthe
property and adjoining rights-of-way and/or street access easements.
3. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
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 hearina - Conditional Use Permit - Apoaee Architects for Andrew Cetraro - allow sale of beer
and wine on Lot 5 and the southern 45 feet of Lot 4. Block 2. North 7th Addition (Village Inn Pizza.
806 North 7th Avenue) (Z-02245)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
Apogee Architects for Andrew Cetraro under Application No. Z-02245, to allow the sale of beer and wine
01-06-2003
--------- -------- .. n_....._......__._..._..._
- 5-
on Lot 5 and the southern 45 feet of Lot 4, Block 2, North 7th Addition, more commonly known as Village
Inn Pizza, 806 North 7th Avenue.
Mayor Kirchhoff opened the public hearing.
Commissioner Cetraro announced that, due to his interest in this business, he is removing himself
from the dais and from the room.
Assistant Planner Susan Kozub presented the staff report. She stated that this application is to allow
the on-premise sale and consumption of beer and wine and, in conjunction with that use, several site
improvements are to be made to facilitate better traffic and pedestrian circulation, visual improvements and
to gain compliance with signage regulations. She reviewed the surround zoning and land uses, which are
all commercial in nature.
The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. She noted that, based on those
findings, staff has forwarded a recommendation for approval, subject to 23 conditions which she briefly
reviewed.
Commissioner Hietala questioned why the conditional use permit process triggers the requirement
that all signage be brought into compliance, particularly when that permit is simply to once again allow the
sale of beer and wine. He noted that the applicant does not own the building at this time and suggested that
such requirements not be imposed until he does.
Ms. Leah Shute, Apogee Architects, representing the applicant, stated the sole purpose of this
application is to reinstate the sale of beer and wine in this business. She stated that the business owner
intends to make the site improvements and upgrades that are required in the conditions; however, he
wishes to do so in a phased manner, possibly over the next three years. His desire is to purchase the beer
and wine license now in order to generate more revenues; the next step is to purchase the property from
the current owners; and the third step is to complete site and building upgrades. She indicated that a review
of the subject property has revealed the large sign across the front of the building currently screens the
rooftop mechanical equipment, and a conversation with the Code Enforcement Officer today revealed that
the sign may be in compliance with the sign code because it is lower than the portions of the building behind
it and at the end of it. In light of the applicant's desires and the new information, she asked that the
Commissioners allow the signage to be brought into compliance in conjunction with building upgrades.
No one was present to speak in opposition to the requested conditional use permit.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to questions from Commissioner Youngman, Planning Director Epple indicated that if
portions of the existing signage are determined to be in compliance with the code, staff will consider that
as meeting that portion of the condition. He also noted that, with the posting of a financial guarantee, the
standard time period for making the required improvements is nine months, so there is a built in time delay
for pulling resources together to cover those costs.
Commissioner Hietala noted that Village Inn Pizza was the first pizza business in Bozeman and had
a license for the sale of beer and wine for many years, until transferring that license to a new business
outside city limits. He characterized the desire to once again sell beer and wine as a continuation of
previous business practices; and he feels requiring all of the site and signage improvements at this time,
when the applicant does not own the property, is inappropriate. He suggested, rather, that this requirement
should be delayed until after the applicant has purchased the property.
Commissioner Youngman acknowledged Commissioner Hietala's concern for a local business;
however, she does not support his proposal. She noted that the sign code revisions were crafted by a
conservative Commission and have been conscientiously observed since then, and she is uncomfortable
with the idea of providing an exception at this time.
Commissioner Brown voiced his concurrence with Commissioner Youngman's comments and his
support for the staff recommendation.
01-06-2003
....---...--- ----...-..--
- 6-
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Conditional
Use Permit requested by Apogee Architects for Andrew Cetraro under Application No. Z-02245, to allow the
sale of beer and wine on Lot 5 and the southern 45 feet of Lot 4, Block 2, North 7th Addition, be approved
subject to the following conditions:
1. The applicant shall obtain a City of Bozeman Liquor License, and provide the
Planning Office with a copy of the license, prior to final approval.
2. A copy of the State Revenue Department On-Premise Beer and Wine License to
serve beer and wine in the Village Inn Pizza Parlor at 806 North 7th Avenue shall be
submitted to the Planning Office prior to final approval. Furthermore, any expansion,
modification, or enlargement in the scope ofthe on premise restaurant liquor license
or its use, as established as of the date of issuance of the license, will require
another authorized Conditional Use Permit.
3. The applicant shall install wheelstops outside of the public right-of-way at an
approximate angle for the parking spaces that front West Aspen Street. Said
wheelstops shall be clearly depicted and detailed on the final site plan.
4. The applicant shall re-stripe the parking area to facilitate better vehicular circulation.
The final site plan shall include a note that the parking area is to be re-striped.
5. Boulevard trees shall be installed by the applicant at one tree per fifty lineal feet of
frontage along North 7th Avenue. Per the recommendation of the Forestry Division,
the street trees shall be Black Ash (rather than Maple). All boulevard trees shall be
located outside the street vision triangle and the applicant shall obtain the necessary
boulevard tree permits from the Forestry Division.
6. All rooftop mechanical equipment shall be properly screened with a parapet wall that
is compatible with the existing structure.
7. The applicant shall provide a disabled accessible space eight feet wide with an aisle
eight feet wide, located as near as practicable to a primary entrance. Said space
shall be signed "van accessible," per Section 18.50.110.F.3 "Disabled Accessible
Parking Spaces."
8. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
All of the special conditions shall constitute restrictions running with the land, shall
be binding upon the owner of the land, his/her successors or assigns, and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the commencement of use.
9. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of 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 installed
at the time of occupancy. 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 Planning Department approval.
10. Seven (7) copies of the final site plan containing all of the conditions, corrections,
and modifications approved by the City Commission shall be submitted for review
and approval by the Planning Director within six months of the date of approval.
11. Per Section 18.50.035.A of the Bozeman Municipal Code, "Glare and Lighting," all
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. Any non-
conforming lighting shall be removed and replaced only with conforming lighting.
The final site plan shall show the location for, and a detail of, any proposed lighting.
01-06-2003
.--.."....-..
- 7 -
12. Per Section 18.65.190, "Nonconforming Signs," any site modification that requires
a certificate of appropriateness, site plan review, or reuse application will necessitate
compliance for all existing and proposed signage on the lot. To conform to this
section, the applicant shall bring all signage into conformance including the removal
of the rooftop signs, removal of the pole sign, and removal of all wall mounted signs.
All new signage shall require a sign permit.
13. Per Section 18.50.035.0, "Trash and Garbage Incineration-Enclosures," the
applicant shall provide a permanent enclosure for temporary storage of garbage,
refuse, and other waste materials. Trash enclosures shall be constructed of solid
or ornamental pierce masonry walls or other appropriate materials, with a solid
concrete floor sloped for drainage and maintenance of sanitary conditions.
Enclosures shall be architecturally compatible with the principal structure.
Enclosures shall be of sufficient height to conceal contents, including containers, but
in no case shall be less than four feet in height above grade.
14. Per Section 18.50.035.R, "Bicycle Racks Required," the applicant shall provide a
bicycle rack, as shown on the proposed site plan, in conformance with the standards
recommended by the Bozeman Area Bicycle Advisory Board. (BABAB)
15. The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall also be provided.
16. All existing utility and other easements must be shown on the final site plan.
17. A grease trap shall be installed by the applicant. The installation is subject to City
of Bozeman Building Department inspection and approval.
18. In accordance with City of Bozeman Municipal Code, the applicant shall maintain on-
site records of regular grease trap maintenance and service, which shall be made
available to the City upon request.
19. The North 7th Avenue access shall be signed "Right Turn Only" on egress and "Do
Not Enter" facing North 7th Avenue. Sign details shall be subject to review and
approval by the City Engineering Office prior to final site plan approval.
20. City of Bozeman standard sidewalk with five and one-half (51'2) foot boulevard shall
be installed along the North 7th Avenue property boundary, and curbwalk shall be
installed along the Aspen Street property boundary.
A pedestrian access easement along North 7th Avenue will be required outside of
the existing right -of -way to encom pass the new five (5) foot wide sidewalk and a one
(1) foot wide area directly behind the sidewalk.
21. The existing West Aspen Street drive approach shall be reconstructed in
accordance with City of Bozeman Standard Drawing No. 02529-5 (Driveway
Approach with Sidewalk Adjacent to Curb). The drop curb located east of the Aspen
Street drive approach shall be abandoned and replaced with City of Bozeman
standard curb and gutter.
22. Pedestrian ramps shall be installed at the northeast corner of North 7th Avenue and
Aspen Street in accordance with Section 02529 (Concrete Sidewalks, Driveways,
Approaches, Curb Turn Fillets, Valley Gutters, and Miscellaneous New Concrete
Construction) ofthe current City of Bozeman Modifications to Montana Public Works
Standard Specifications. Details shall be included on the final site plan and
approved by the City Engineer.
23. The existing North 7th Avenue drive approach shall be reconstructed in accordance
with City of Bozeman Standard Drawing No. 02529-11A (Non-residential Driveway
Approach for Arterial Streets). Required permitting and approval shall be obtained
from MDT prior to construction.
01-06-2003
----- .. ..----.-----.-
-8-
It was moved by Commissioner Hietala that the motion be amended to require that the above
conditions be met in conjunction with the applicant's purchase of the property. The motion failed for lack
of a second.
The main motion, to approve the application subject to the conditions listed above, then carried by
the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown
and Mayor Kirchhoff; those voting No being Commissioner Hietala.
Break - 7:55 D.m. to 8:00 D.m.
Mayor Kirchhoff declared a break from 7:55 p.m. to 8:00 p.m. to allow for seating of the full
Commission once again.
Public hearing - Conditional Use Permit - K. Embora Consultina for Western Wireless - allow
construction of a small scale broadcast facility. includina eiaht antennas and a base station. on the
City's water tank located in Jos8Dhine Park (1632 Kenyon Drive) (Z-02241)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
K. Emborg Consulting for Western Wireless under Application No. Z-02241, to allow the construction of a
small scale broadcast facility, including eight antennas and a base station, on the City's water tank located
at 1632 Kenyon Drive.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub distributed a letter from David Wagner, Crowley Law Firm, dated
January 6, after which she presented the staff report. She noted that under this application, another small
scale broadcast facility would be located on the City's water tank in Josephine Park. This would include six
96.5-inch by 11.6-inch panels placed on existing brackets on the tank and a three-part equipment cabinet
on a concrete slab on the ground adjacent to the existing equipment building. She reminded the
Commission that, through recent approvals, Three Rivers Wireless, Owest and VoiceStream currently have
facilities on the tank and on December 9, the Commission tabled action on a similar request from Cutthroat
Communications.
The Assistant Planner stated that staff and the Development Review Committee have reviewed this
application and forwarded a recommendation for denial. Reasons for that recommendation include (1) the
need for emergency services communications to operate without interference; (2) the need to retain
adequate space for future City equipment at this location, possibly including an additional tactical repeater,
public service repeaters and potential use for SCADA; and (3) potential security issues revolving around
the City's water supply, particularly in light of the September 11 terrorist attacks. She indicated that, should
the Commission choose to approve the application, nine conditions have been listed in the staff report.
Responding to Mayor Kirchhoff, Assistant Planner Kozub stated that those in attendance
representing the applicant may be prepared to provide any additional information that has been obtained
between December 9 and now regarding the emergency services interference problems.
Ms. Kirsten Emborg, representing the applicant, indicated that Assistant Planner Kozub has
accurately depicted the application.
Mr. David Wagner, attorney representing Western Wireless, noted that most of his comments are
contained in the letter distributed by the Assistant Planner. He then stated that Western Wireless routinely
collocates on sites like this with no interference problems. He asked that the Commission act to approve
this application rather than tabling action, noting the applicant needs a response rather than being placed
on hold.
Mr. Brian Romain, Regional Project Manager for Western Wireless, stated there is adequate space
available on the water tank to accommodate this application, and stressed that their antennas will not extend
above the top of the tank. He noted this site is critical for their service to the community, particularly since
they lost their leased site on Story Hills. He indicated that this application complies with the ordinance
01-06-2003
-....---.--
- 9 -
recently adopted by the City that encourages stealth type installations, collocation of facilities, and no new
structures unless proven absolutely necessary.
Mr. Romain turned his attention to the recent interference problems encountered by the City's police
officers. He noted that he and Mr. Ramhorst swept the antennas today in an effort to identify the source
of the interference. He stressed that the multiple providers on this site should be able to locate there in
harmony and without interference, particularly in light of the fact that other sites around the state with
multiple users do so very well. He recognized the need for a radio frequency (RF) study but asked that it
be a condition of approval rather than a requirement prior to Commission action. He concluded by asking
that the Commission approve this application and by voicing a willingness to help solve the existing
problems.
Mr. Dave Parker, 1716 Kenyon Drive, stated he lives adjacent to the water tank. He characterized
the water tank as not the most beautiful thing in the world, but the neighbors were willing to accept it. He
noted that the previous approvals for location on the tank included the requirement that they be below the
top of the tank to decrease their visibility; however, there are now antennas on top of the tank. Also, there
were landscaping requirements in conjunction with those approvals but no landscaping has been installed
to date; and the cooling fans that were part of the original installation have never been adequately
addressed. He also voiced concern about the additional traffic that has been generated by these antennas
and the unsightliness of the area. He concluded by noting there is additional wind noise because it now
whistles through the wire structures and antennas and stating that adding to that noise is unacceptable.
Mr. Neil Ramhorst, Mountain Communications, stated he is the main service provider for the City.
He stated the sweep completed earlier today suggests that one of the City's antennas may be a culprit in
the interference issues and needs to be fixed or replaced. He stated the water tank is a good site for RF,
which is why so many companies want to locate there. He noted that the City's current status with its
communications system could not have been conceptualized twenty years ago and, with ever-changing
technology, it is extremely difficult to identify the City's future needs. He noted, however, that protecting the
City's needs, both for space and for communication without interference, is important. One critical issue
is monitoring the noise floor and taking steps to ensure that it does not create interference and difficulty in
accessing emergency services. He indicated that one way to mitigate those issues is through an RF study
completed by an independent engineering firm.
Responding to Mayor Kirchhoff, Mr. Ramhorst stated one of his concerns at this time is the noise
floor fluctuating, which denotes a problem on an intermittent basis. He indicated this could be the result of
signals or a piece of equipment going bad and characterized such problems as the most difficult to detect.
Further responding to Mayor Kirchhoff, Mr. Ramhorst stated the infrastructure on the water tank was
designed to accommodate five carriers, and there are currently three carriers on the site in addition to the
City. He acknowledged that there is adequate physical space at the present time to accommodate five
carriers; the key issue is the City's future needs and whether there would be adequate space for those
needs.
Mr. Ken McDermitt, Western Wireless, stated that Western Wireless would be willing to do an
independent RF study as a condition of approval. He noted that if there is no chance of approval, the
company does not wish to drag the process out but is willing to help identify the problems if it can be part
of the process and solution.
Assistant Planner Kozub stated the City has a check from VoiceStream for landscaping. However,
in light of security concerns following the September 11 attacks, the original landscape plans no longer
provide a desirable screening; and a new plan must be developed prior to installation of any landscaping.
Responding to Commissioner Brown, the Assistant Planner indicated the towers that extend above
the top of the tank belong to the City.
Ms. Emborg stated she was aware that the residents have problems with noise from the antennas
and, in fact, had mentioned it to City staff members in an effort to get the issue resolved. She then stated
the panel antennas proposed by Western Wireless are to be painted the color of the tank and will, therefore,
blend with the structure. She concluded by encouraging Commission approval of this application.
01-06-2003
----.......-.-.,.- . _.. .n____"__ -. --.-.... -.,.-.-.---...---
- 10 -
Responding to questions from Commissioner Brown, Mr. Romain stated their company operates
within a specific frequency band. He then indicated that technical changes will result in added features to
their customers.
Mayor Kirchhoff noted that the Commission previously tabled action on the application submitted
by Cutthroat Communications and asked about potential impacts of acting on this application at this time.
In light of comments from various staff members and Commissioners, it was determined that, at a
minimum, action on this item should be delayed for a period of one week to allow the Cutthroat
Communications application to be placed on the agenda prior to this application.
Mr. David Wagner stated a one-week delay on action is acceptable to the applicant. He noted the
only additional information available now that was not available when the Cutthroat Communications
application was considered is the sweep of the lines that was just conducted today. He stated that, in light
of the fact that Western Wireless facilities have successfully collocated with others in other communities.
they believe that faulty equipment may be creating the problems recently encountered in emergency
services.
Commissioner Brown stated he needs to know if there is adequate room for five carriers in addition
to meeting the City's present and future needs prior to taking action on these applications.
Mr. Doug Fouch, Senior RF Technician for Western Wireless, stated that the antennas for Cutthroat
Communications are round dishes while those for Western Wireless are long, narrow panels.
Mr. Neil Ramhorst identified differences between the Cutthroat Communications services and the
Western Wireless services. He noted that Western Wireless is licensed and must operate within specific
frequencies. Cutthroat Communications is a wireless internet provider and operates on a set offrequencies
that is license free. As a result, Cutthroat Communications may change its frequency at will, or an internet
connection may come in at one frequency and go out at another. He indicated that hopping frequencies
can result in difficulties in tracking an interference problem because it becomes an intermittent problem.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Commissioner Brown, Assistant Planner Susan Kozub stated that the Cutthroat
Communications application is for two two-foot round antennas and six panel antennas.
Responding to Commissioner Youngman, the Assistant Planner confirmed
that staff's
recommendation is for denial on both applications.
It was moved by Commissioner Hietala that the Conditional Use Permit requested by K. Emborg
Consulting for Western Wireless under Application No. Z-02241 , to allow the construction of a small scale
broadcast facility, including eight antennas and a base station, on the City's water tank located at 1632
Kenyon Drive be approved subject to the following conditions:
1. That the right to a use permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional use permit procedure.
2. That all of the special conditions and code provisions shall constitute restrictions
running with the land use, shall apply and be adhered to by the owner of the land,
successors, or assigns, shall be binding upon the owner of the land, his successors
or assigns, shall be consented to in writing, and shall be recorded as such with the
Gallatin County Clerk and Recorder's office by the property owner prior to final site
plan approval.
3. The applicant shall submit seven (7) copies of a final site plan within six months of
preliminary approval containing all of the conditions, corrections, and modifications
to be reviewed and approved by the Planning Department.
4. A building permit must be obtained prior to site 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
01-06-2003
- 11 -
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.
5. The applicant shall be required to provide payment for a proportional share of a
landscape and irrigation plan determined by the City of Bozeman prior to final site
plan approval.
6. A license agreement, completed by both the property owner and the applicant, must
be executed and a copy provided to the Planning Office prior to final site plan
approval.
7. The applicant shall be required to provide payment for a proportionate share of all
security improvements identified in the "Security Risk Assessment, Bozeman Water
Treatment System" (11/15/02) prior to final site plan approval.
8. Prior to final site plan approval, the applicant shall pay for a proportionate share of
an independent radio frequency study by a registered RF engineer selected by the
City of Bozeman focusing on the feasibility of all present and future City and non-
City radio frequencies to operate without interference at the Hilltop Tank site. This
study shall include the potential adverse effects to City service workers working in
this multi-band environment.
9. The facility must remain secure with access administered by City Water Treatment
Plant personnel.
The motion died for lack of a second.
Commissioner Youngman suggested that the Commissioners identify those items on which they
desire clarification or additional conditions so staff can provide any needed information prior to next week's
meeting. She then voiced her need for more confirmation on the Cutthroat Communications operation and
the potential for interference with the vacillating frequencies.
Mayor Kirchhoff voiced concern about the awkwardness that could result in acting on the two
applications if one applicant is willing to participate in an RF study and the other is not or if one application
is approved and the other is not.
Commissioner Youngman stressed that waiting one week and then acting on both of the applications
does not mean that the decisions will be identical; rather, it simply means the applications will be acted upon
in the order in which they were received and considered.
Assistant Planner Kozub reminded the Commission that the decision next week does not mean the
applicants will be able to receive final site plan approval; that approval hinges upon their meeting all of the
conditions imposed by the Commission. She noted, rather, that action will simply allow the applicants to
proceed to the next step.
Planning Director Epple stated that if the radio frequency study shows there is not adequate capacity
on the water tank, then this approval would become null and void because the conditions could not be met
for final site plan approval.
Commissioner Youngman stated it is important to take into consideration the City's expansion needs
when acting on these applications, not just its current needs. She stressed that this includes both space
and interference issues.
Responding to comments from Mr. Romain, City Manager Johnson indicated that ifthe Commission
votes to approve the application at next week's meeting, staff can then begin to negotiate a license
agreement with the applicant.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that action on this
application be tabled for a period of one week and that it be considered immediately after additional
consideration of the application submitted by Cutthroat Communications. The motion carried by the
01-06-2003
- 12 -
following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman,
Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) December 26, 2002, update of planning projects scheduled for upcoming Commission
meetings.
(2) Agenda for the County Commission meeting which was held on January 2 in the
Commission Room.
(3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January
7, in the Commission Room.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, January 7, at the Professional Building.
(5) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, January
7, in the Commission Room, along with notice that the Zoning Commission meeting is cancelled due to the
lack of agenda items.
(6) Draft minutes from the November 12 meeting of the Cemetery Board.
(7) City Manager Johnson cautioned that next week's agenda is extremely full, both for the
afternoon and evening sessions. He then asked where the Commission wishes to conduct the evening
session, cautioning that the cafeteria at Sacajawea Middle School is available but that the meeting will be
competing with a basketball tournament down the hall. The Commission directed staff to seek the cafeteria
and, if that is not available, possibly a meeting area in the Pilgrim Congregational Church.
(8) The City Manager encouraged the Commissioners to identify issues to be discussed at next
week's work session with the City Planning Board and the Zoning Commission. Items identified included
the status of the interlocal agreement with the County, the Commission's expectations of the boards, an
analysis of how well the Bozeman 2020 Community Plan is working, and identifying the roles that the boards
might play in increased cooperation between the City and the County in the reviewing of projects.
(9) The City Manager announced that he will be in Helena on Wednesday afternoon to testify
in opposition to HB85, which would limit a city's ability to annex wholly surrounded lands.
(10) Planning Director Epple stated that Assistant Planner Jami Morris will e-mail her staff report
on the Town and Country application prior to the Thursday distribution of packets, to give the
Commissioners a little more time to review the staff analysis. He also indicated that a supplement to the
staff report, addressing the questions and issues raised by attorney Dick Dolan, will be included in the
packet.
In response to a question regarding time limits, Staff Attorney Cooper reviewed the time limits
included in the Commission's rules of procedure, which allow three minutes for public comment.
Commissioner Brown noted that, when controversial projects are being considered-, it would be
beneficial for the Commissioners to know when the application is submitted, to avoid the potential of
improper communications.
(11 ) Planning Director Epple provided a status report on the proposal from NorthWestern Energy
to expand its substation along Sourdough Creek. He noted that the County Planning staff has submitted
a letter to the City Planning staff requesting responses to specific questions. He reviewed those questions
and the answers as drafted by staff, seeking Commissioner input.
(12) Mayor Kirchhoff noted that he has sent an e-mail to the Commissioners proposing an
alternative to the big box ordinance as previously drafted and asked that they consider it as the Commission
01-06-2003
___________u...__ __ ------
..- -.--..--- ~..---
- 13 -
moves toward provisional adoption of an ordinance within the next few weeks. He briefly highlighted the
proposal, under which unlimited big box development would be allowed in the "B-3" zoning district and a
50,000-square-foot limitation would be placed on development in the "B-2" zoning district. He noted the
result would be to encourage large scale development in the downtown area, close to the community's main
assets, and further some of the tenets of smart growth.
(13) Commissioner Brown stated that some deadlines for federal funding for a transit system are
coming up more quickly than anticipated. He noted that Brian Close has been talking to transportation
specialists in the offices of Montana's congressional delegation and found that it is important to move
quickly if the City wishes to try for funding this year. As a result, Mr. Close will be working diligently this
week to prepare a request for funding to be considered at next week's meeting along with a request for a
letter of support from the Mayor. A majority of the Commissioners agreed to consider this item on next
week's agenda.
(14) Director of Public Service Debbie Arkell stated the City has received two responses to a
request for proposals for a traffic signal at the intersection of West College Street and South Willson
Avenue. She asked if any Commissioner wishes to sit on the committee to review the proposals;
Commissioner Hietala volunteered to do so.
Adiournment - 10:00 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. 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.
ST~:,l~1
ATTEST:
~~~
ROBIN L. SULLIVAN
Clerk of the Commission
01-06-2003
..-..-.-- .. --. -...---.-------