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HomeMy WebLinkAbout1992-02-18 ccm - ~,,~ -. - ,Io~_, l '" '-'. I' , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 18, 1992 ********************************* The Commission of the City of Bozeman met in regular session in the Commission Room, auniciPal Building, February 18, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission 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 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the minutes of the regular meetings of February 3 and February 10, 1992, .as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Notice ofthe neighorhood meeting scheduled for 7:30 p.m. on Tuesday, February 25, at the Pilgrim Congregational Church, as submitted by Commissioner Vincent. (2) Letter from Chad Groth, 701 South Willson Avenue, dated February 1, regarding the proposal to change the City seal. . (3) Copy of the procedure for conducting public hearings, which will be utilized during tonight's public hearing. (4) Memo from Planning Director Epple, dated February 14, regarding the summary list of possible zone code amendments to be considered in the second round of amendments to the new code. 02-18-92 / ,1 . , -,,-" .. , - 2 - The City Manager noted that the Planning Director has suggested that discussion on these amendments be scheduled as an evening session at next week's meeting. He then suggested that the Commission delay making a decision on that proposal until after this evening's public hearing, noting that the public hearing may possibly be continued to that time instead. (5) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on .NedneSday, February 19, in the Commission Room. (6) Memo from Associate Planner Wall, dated February 13, 1992, forwarding the amended pages to the design objective plans, as discussed at last week's meeting. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, February 19. (8) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Wednesday, February 19. (9) Letter from the Department of State Lands, dated February 10, regarding the City's SBA grant for planting of trees. (10) Agenda for the County Commission meeting which was held this afternoon, along . with daily minutes for the week of February 3 and minutes for the meeting held on February 4. (11 ) The City Manager submitted his weekly report, as follows. (1) Met with Directors of Public Service from larger cities around the State to discuss the Highway Transportation Act and distribution of those funds. (2) Stated that PRC, the private consulting firm from Helena that has been hired to review the Bozeman Solvent Site situation may be utilizing the City's television equipment and operator to look at the sewer line in the Buttrey's parking lot. (3) Met with representatives from the Chamber regarding the visitor center rest area. (4) Staff has been looking at the possibility of creating an SID for the installation of a water trunk system in the northwest sector of the community, to avoid the potential need for cutting the new pavement on North 19th Avenue immediately after it is constructed. (5) Stated that the DUI task force made six arrests this past week, one of which was a .357 with children in the vehicle. (6) Stated that the Police .Department was contacted by the Los Angeles Sheriff's office about an individual sought on a homicide case from 1973. He noted that the City's detectives pursued the issue and found that the individual had died and was buried in California in 1982. (7) Stated that $300 in cat and dog licenses were sold on Saturday, since February 15 was the deadline for purchasing licenses without a late penalty. (8) Announced that he will be attended a charette on Thursday and Friday regarding 02-18-92 . - -.. - -- .- ---.-..- .--- __ on ~ , , , " '. - 3 - the rebuilding of the gymnasium portion of the Law and Justice Center. He asked any interested Commissioners to contact him for details. ( 12) Commissioner Frost submitted the following. (1) Attended the safety show at the Willson Auditorium on Monday. (2) Attended the ORB meeting on Tuesday afternoon. (3) e:ttended the DBA meeting on Wednesday morning, where they continued the goal-setting process. e noted that tonight, they will be selecting the top ten goals for this year. (13) Commissioner Stiff submitted the following. (1) Attended the Valley Unit Subdivision sub-committee meeting this past week. (2) Expressed concern that three Commissioners were almost at the same meeting last week, suggesting that better communication is essential. (14) Commissioner Vincent submitted the following. (1) Attended the Interagency Breakfast on Wednesday. (2) Noted that arrangements have been finalized for the meeting of South Third Avenue issues, scheduled for February 25. (3) Attended a CNFR Committee meeting, noting their highest priority is to have a full house every night. (15) Commissioner Knapp stated that she went to Helena and Great Falls with Chris .BOYd and Gretchen Rupp last week, in response to an FYI article last week about federal monies available for trails. She noted that in Helena, they met with the individual with the Department of Fish, Wildlife and Parks who is in charge of the program; and in Great Falls, they met with Mr. Doug Wicks, who is in charge of the River's Edge Trail project, traveling the full length of the trail during their discussions. (16) City Attorney Luwe stated he and Zone Code Enforcement Officer Beall will meet with City Judge McKenna this week to discuss the issuance of citations for zone code violations and how they will be proessed. (17) Mayor Swanson submitted the following. (1) Noted he will be absent from the meeting of March 16; Commissioner Vincent noted he will be also. (2) Asked that copies of the letters of support for the Cypress street trees be forwarded to the Department of State Lands, Ms. .JUdY Blackmore and Dr. Dick Pohl. (3) Attended the annual GDC meeting, where an update on the small business development center was provided. (4) Stated that an application for grant monies has been prepared, seeking monies for geographic information studies in the Sourdough Canyon area, taking into consideration water, recreation, timber and other associated issues. He then requested an agenda item within the next two to four weeks, to provide additional information on 02-18-92 . , . - 4 - this grant application. (18) Mayor Swanson asked that Commissioner Vincent and Commissioner Frost serve on a sub-committee, to work with representatives from the Marwyn Addition, a member of the Recreation and Parks Advisory Board, and some of those in the community who have stated .upport for the proposed master plan for Lindley Park, in an attempt to find common ground before he public hearings on the master plan are held. Commissioner Stiff noted that the residents of Marwyn Addition have expressed concern about the number of meetings which are being held regarding Lindley Park and its future development. He then expressed concern about creation of this sub-committee, and the additional meetings involved. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. ADDlication for liauor license - 19th Hole at Valley View. 302 East Kaay Boulevard - Calendar Year 1992 Authorize City Manager to sign - aareement with VeltkamD. Stannebein & . Bateson for audits for Fiscal Years 1992 and 1993. Der Audit Committee recommendation Claims Mayor Swanson stated that he will abstain from voting on these items because he has a conflict of interest on the second item listed. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Stiff, Commissioner Vincent, Commissioner Knapp and Commissioner Frost; those voting No, none. Mayor Swanson abstained. Work Session . City Manager Wysocki reminded the Commissioners that they had set this meeting aside for discussion of two specific work session items, since it is a Tuesday meeting. .@} Affordable housina Mr. Jeff Rupp, Director of the Human Resource Development Council, and Caren Couch, Housing Program Director for HRDC, provided the Commission with an update on the housing 02-18-92 - , ,1 " , ,- . - 5 - programs and activities which are conducted through their office. Mr. Rupp noted that the affordable housing issue in Bozeman involves many more entities than just theirs, stated they impact only a small portion of the community needs. He then suggested it is up to the Commission to coordinate a more comprehensive response to the problem. Mrs. Caren Couch stated that HRDC volunteered to perform the first step in the CDBG .PPlication process, which was to complete a public facilities needs and services assessment, distributing copies of that study to the Commission. She briefly highlighted the manner in which the study was conducted, noting that four of the top ten needs involve housing issues. She noted that 49.8 percent of the respondents feel that building affordable housing for low- and moderate income families is needed; and 48.4 percent feel that special financing and downpayment assistance is needed. Mrs. Couch encouraged the Commission to pursue application for 1992 Community Development Block Grant monies, with those monies being utilized to address the housing issue. She suggested that if a maximum grant of $375,000 is obtained, those monies could then be used to purchase and develop twenty to forty lots, which could then be made available for low-income .housing projects. She noted that through a public/private partnership, housing could thus be made available to low-income residents who could not otherwise afford to purchase. She noted that this proposed use of monies would help to meet a challenge issued by Mr. Jerry Nelson, President of First Bank, who has also recently organized a "Homebuyers' Club" to assist first-time buyers. Mrs. Couch briefly highlighted the activities in which HRDC has participated the past year, including the current use of two homes, which are leased to HUD, for housing of low-income homeless families. She noted that HRDC hopes to purchase those homes for rental to low-income families. She further noted that in July 1990, HRDC created a for-profit organization called "Affordable Home Ownership and Management Enterprises" (AHOME); and that organization was responsible for building and selling two homes in Valley Unit Subdivision last year. She stated that those homes were appraised and sold at $66,000, which is below the $75,000 average, and these .homes were still not affordable to the community's low-income families, at least 40 percent of whom earn less than 80 percent of the median income. She stated, therefore, next year homes will be constructed in Belgrade, where FmHA program monies can also be utilized, and the loans can then be as low as 1 percent interest, for a 38-year loan. Mr. Jeff Rupp noted that HRDC has considered renovation of existing structures for low- 02-18-92 ------------- - 6 - income families; however, he noted their concerns about the provisions of the new master plan and zone code and how enforcement of those regulations might impact the costs. He then suggested the possibility of some City flexibility in enforcement of those regulations, possibly allowing existing grandfathered non-conforming uses in the R-2 zoning district to be upgraded and their uses maximized. . Mr. Rupp then suggested the possibility of incorporating a public housing authority into the overall program, noting that could provide access to federal funds which are available to public housing authorities only. He stated that HRDC has been led to believe that such an authority could be created without granting that entity any taxing authority, thus making such a body more acceptable to the general public. Mr. Mike Garrity asked questions about the HRDC proposal for a CDBG grant application to be written for the purpose of purchasing lots for for-sale low-income housing, to which Mrs. Couch responded. Mr. Garrity then stated appreciation for the challenge forwarded by First Bank, suggesting that other local banks should be challenged to participate as well. He then stated that to effect the addition of 40 low-income homes to the market would be a great improvement over ----- .. . what has been available in the past; however, he noted that it won't solve the problem. He then suggested that if more entities were to become involved, then the problem could be more sufficiently add ressed. Associate Planner Debbie Arkell stated that in the Planning office, they have recently processed building permits for several high-income, single-family homes; a new duplex; and several four-plexes in Valley Unit Subdivision. She noted that a proposal is currently going through the review process for construction of 160 apartment units in the R-4 zoning district located at the intersection of Durston Road and North 22nd Avenue; however, she noted the City has no ability to ensure that these apartments will provide any relief to the low-income rental market. She then noted the dilemma encountered when trying to determine whether to seek design changes to make the twenty eight-unit buildings more compatible with the surrounding area, thus increasing the .costs, or whether it is better to allow the simpler structures with the hope that the rental rates for these units will be low enough for the lower income residents. Responding to the City Manager, the Planner stated that the deadline for CDBG applications will be set for some time in September. She noted that by that date, all of the public hearings must have been held and the final grant application completed. She also noted that, to 02-18-92 ------- - -- - --- ---- ._......._u__ . , , " , - 7 - be a competitive application, the City must be able to show that it has made arrangements with specified developers to construct low-income houses on the lots which are to be purchased with grant monies. During discussion on the cost of constructing low-income housing, Mr. Barney Vole noted .that modular or manufactured style housing could be erected for approximately $35.000. which would include a single-car garage, in addition to the land and development costs. Ms. Sandy Pavo stated she has been involved in building low-income housing for about five years; and she and her partners are beginning an afforable housing program in Belgrade at this time. She noted they have an option on forty lots; and she anticipates that they will be able to construct a three- to four-bedroom home, with single-car garage, in the range of $60,000 to $65,000, including SID's. She stated the key is keeping the lot costs affordable, noting that the houses have no frills, just the bare necessities. Responding to Commissioner Frost, Planner Arkell stated that there were several drawbacks to the townhouse zoning designation which was included in the old zone code. She noted that with a townhouse development, the land must be divided so that each unit has its own .Iot and the common area is owned by the association. She also noted that the costs of providing water and sewer services to each individual unit are greater than for a single unit. Mr. Mike Garrity suggested that meetings which include representatives from the various agencies involved, such as the City, developers, and financial institutions, be held to develop a program which is structured so that it will work for all involved parties. He noted that each of the groups may have resources not available to the others; and through a public/private partnership, he feels that the affordable housing problems can be adequately resolved. At Mayor Swanson's request, Ms. Patty Hinds, First Bank, gave a thumbnail sketch of the Homebuyers' Club program, noting it is based on an existing program in the Great Falls area. She noted it is an advisory group which assists individuals who are preparing for their first home tl:urchase; and it is an organization in which the participants help each other. She stated that this '~is an educational program for the new homeowner; and that is one of the important elements to make an affordable housing project successful. Mayor Swanson requested that information on the Great Falls program be provided to the Commission. Mr. Barney Vole reviewed the affordable housing projects in which he has been involved 02-18-92 ~, , . . . - 8 - in Nevada, Utah and Wyoming. He noted that in Wyoming, the State issued $40 million in bonds earmarked for affordable housing for sale. He stated that houses sold under this program have an interest rate of 6 percent, with a 3-percent downpayment required; and the closing costs are rolled into the amount financed. He noted that the cost of a home there is considerably lower than in Bozeman, with a 1120-square-foot, 3-bedroom home with single-car garage selling for $49,000. . Mr. Jeff Rupp noted concurrence with ideas and issues which have been raised during this discussion. He then encouraged the Commission to authorize the staff to contact Barb and Jim Richards as soon as possible, since their success in writing of grant applications is extremely high and the demand for their services is also high. Mayor Swanson suggested that the HRDC come back to the Commission within a short period of time with its recommendations for the CDBG application, Homebuyers' Club, desires for zoning flexibility and a timeline for addressing the various issues. 1b.l Garbaae collection system City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes, dated February 14, 1992, along with attached support information. . Director of Public Service Forbes stated that with the implementation of the volume-based rate system, the City's garbage collection accounts dropped from 4,200 to 3,890. He stated that since the projected revenues from the $40 base rate were based on the 4,200 accounts, the actual revenues from that source are approximately $35,000 less than expected. He noted that $51,000 in expenditures was cut from this year's budget in light of the decreased revenues; however, it appears that the Garbage Fund will still incur a $24,000 shortfall because tag sales are also lower than anticipated. The Director then forwarded for options for the Commission to consider for the FY1992- 93 budget: (1) reduce the costs of collection, (2) increase collection revenues, (3) use fund reserves to maintain the status quo, and (4) some combination of the above three. He stated that services have already been reduced as much as they can be, except for the possibility of operating .wo-man trucks instead of three-man trucks. He noted that if the base rate was increased $5 per year, it would generate another $20,000 annually; and if the tag fees were increased 5 cents each, it would generate an additional $13,000. He cautioned the Commission that these increases may lead to a further decrease in collection accounts, thus spiraling the problem even more. He then addressed the option of using fund reserves to maintain the status quo for next fiscal year. He 02-18-92 ..~-,. , t ,ft '., : - 9 - cautioned against the use of fund reserves on an on-going basis; however, he suggested that use of this option for next fiscal year would result in the City's having more than a year's history upon which to base decisions about reductions in service or increases in fees rather than the six or eight- month history it currently has. The Director then briefly reviewed the information contained on the attached sheets, .WhiCh include a proposed timeline for amending the current ordinance and adoption of a resolution establishing fees for next fiscal year, an estimated timeframe for purchase of major capital equipment, a memo providing an update on the collection program, and a memo on spring and fall clean-ups, and information forwarded by the Bozeman Recycling Coalition. He noted the weight which the City's collection trucks take to the landfill has decreased, partly due to the 20-percent decrease in customers and partly because of the volume-based rate system. Responding to the City Manager, the Director stated that as of July 1, the City entered into an agreement with the Recycling Coalition to conduct a door-to-door educational campaign regarding recycling opportunities in the community as well as information on the volume-based rate structure; and that program has been essentially completed. He then noted a multi-media . presentation is also to be prepared, which is not yet done. He noted that the Coalition was also responsible for providing monthly recycling drop-off opportunities, at various locations throughout the community; and the last monthly drop was in December. Ms. Shannon Walden, Bozeman Recycling Coalition, provided an update on their activities. She noted that at the first drop-off, which was held in June, they collected 6,000 pounds of newspaper; and in December, they collected 18,000 pounds of newspaper. She noted that aluminum cans remained relatively constant, while they encountered substantial increases in the amounts of glass and cardboard being recycled. Ms. Walden stated that, while they have shut down for the winter, the Coalition has the next drop scheduled for April 25; and they plan to run monthly drops through late fall again. She stated that there is a substantial amount of volunteer labor involved in these drop-offs, encouraging the City to undertake a curbside recycling program .so the Coalition can devote its energies to source reduction. The City Manager noted that two private sector businesses have already entered the curbside recycling market. Commissioner Frost noted that, after reading this information, it is apparent that the volume-based rates are costing the City accounts and leaving the perception that the community 02-18-92 . j , r - 10 - is less clean. He noted it appears that, after the 20-percent of accounts is deleted from the numbers, the City is dumping 10 to 15 percent less in the landfill than in the past. He then reminded the Commission that consideration must be given to the costs of a new landfill; and current rates should be adjusted to begin providing revenues to cover those costs. He also noted that in the survey conducted by the City last year, most of the people indicated a willingness to eay up to $5 more for recycling opportunities. Ms. Walden stated that the Coalition has just completed a survey of whether people would be willing to pay $2 to $4 for curbside recycling, which would include newspaper, aluminum and glass. She noted that data is not yet compiled; however, she will submit it to the Commission as soon as it is prepared. Commissioner Frost noted that many residents in the community are currently paying $60 a year to a private recycling firm because they feel that recycling is important. He then stated frustration with the current fee system, noting he does not want to revert to the per-room method of charging; however, people in the community do not want this method of assessment, either. City Manager Wysocki noted that the City trucks dump less than 20 percent of what is .dumped at the landfill annually. He noted that the garbage which is brought in by others is what keeps the landfill portion of the Garbage Fund operating at the break-even point. Mrs. Sharon Witt stated she manages 300 apartments in the community. She stated that she has converted many of the larger units, with 30 or more living units, to Waste Management because of the difference in cost. She also noted that Waste Management will pick up a water heater for $6, while it costs $18 to take it to the landfill. Mrs. Witt stated that she has kept her four-plex accounts with the City; however, because of the illegal dumping, she must now keep them locked. She noted that people are now leaving their garbage around the dumpsters; and the City is not following up on the complaints which she has filed. She then stated her intent to switch those accounts to Waste Management if the City does not alter its method of assessment. . Commissioner Stiff noted that Mrs. Witt's comments support those that the Sanitation Superintendent told the Commission in December. He noted the system is not accepted by the community; and the costs of administration and the enforcement problems are much more difficult than originally anticipated. He noted the Garbage Fund is not benefiting financially from this method; and the job of the garbage crews has been made more difficult. 02-18-92 ---..- ------- - 11 - Commissioner Stiff noted that the City's garbage collection system used to be one of its greatest attributes; and now it is one of the most criticized. He then reminded the Commission that this fund must be operated as a private business; and steps must be taken to ensure its financial viability. He stated his support for changing the method of assessment as quickly as possible to avoid further deterioration of the fund and the public's perception of the City's operation. . Director of Public Service Forbes responded to several questions from Commissioner Vincent about the volume-based collection system and its conversion to weight base at the landfill. Responding to Mayor Swanson, the Director stated that the Waste Management trucks haul the garbage they collect to the Logan landfill; and an annual limitation is set on the amount of garbage which they may dump there. Commissioner Vincent stated that to increase the rates will result in penalizing those individuals who are doing a good job of garbage reduction. Director of Public Service Forbes noted there are two major components which caused implementation of this method of assessment: (1) unhappiness with the charge based on the number of rooms in the house, and (2) the desire to reduce the volume of garbage entering the . landfill. He noted that under this method of assessment, the per-unit cost must increase as the number of units decreases so that the costs, both fixed and flexible, are covered. City Manager Wysocki suggested that efficiency in the method of picking up the garbage could help dramatically in addressing this issue. He noted that about seven or eight years ago, the City considered the option of changing to an automated garbage collection system. He noted that a pilot program, with 100 customers participating, was undertaken; and 89 percent of those individuals stated support for the proposed conversion. He further noted that at a public meeting on the subject, many people emotionally spoke in opposition to the conversion; and the Commission decided to keep the rear loading trucks. The City Manager noted that under the current method of operation, there are two or three men on each garbage truck; and personnel costs are the largest portion of the costs in the fund. .He further noted that the existing trucks are now seven years old; therefore, now is the time when new trucks must be ordered. City Manager Wysocki noted that when this program was initially considered, the smallest container available was a 90-gallon container. He acknowledged that to have one container per household would conflict with the volume-based system because it would remove incentive. He 02-18-92 __ __ n.,.. .__. . __..___ . --..-----...- .-.- -.----------..---..-.. . , ., , , - 12 - suggested, however, that three or four households could share one; and a bag system could be utilized to supplement the cans whenever necessary. He noted that if the market dictates, it may be possible to get a 30-gallon container that can be picked up by an automated garbage truck. Commissioner Knapp noted the current system has been in place for less than one year; eand she feels it is important that it be given a fair trial period. She then noted the importance of ~ looking at the long-term issues and protection of the landfill and the environment. Commissioner Knapp then stated she feels it is important for the City to remain in garbage collection, since competition is healthy. She then noted that the emotional level of this issue seems unreasonable, since garbage is something one wishes to get rid of. Mayor Swanson stated support for an automated garbage collection system, with that system being as volume-based as possible. He also suggested that if the City's current pricing is out of line, then it must be brought back into line. He also noted the importance of looking at a subscription system, which was discussed at length before the tag system was adopted. He suggested that system could include incentives by allowing people to subscribe for lower amounts. Mayor Swanson stated it was necessary for the Commission to change the method of .assessment when it did. He noted, however, that he feels there are options available that need to be considered. Mrs. Witt stated that if the City decides to retain the current system, it must find an easier way to prosecute those who are dumping illegally. She then noted that the tag system does work for those residences with a garage, and works particularly well for single-family dwellings; however, it does not function well for four-plexes and larger units. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted that she resides in the county, pays $62 annually as an assessment for the Logan landfill, and pays to dump her garbage at the Bozeman landfill. She then suggested that the County should possibly be involved in these discussions. She also noted that if the City were to get out of the garbage _collection business, another company would move in and compete with Waste Management. .'""=" Ms. Shannon Walden stated that when the door-to-door campaign was started, she was yelled at often; however, as time has progressed, the amount of abuse she has suffered has decreased dramatically. She stated that, as a member of a two-person household that does not produce much trash, she has a problem with subsidizing an automated system that utilizes 60- or 90-gallon containers. 02-18-92 ---- ..---- .-..-.-.-.. .- _....____.._._.. - __._u_____.._.____._____...._.u . .. ' . r - 13 - Assistant Sanitation Superintendent Tom Wold, stated his interest in the City retaining the garbage collection service. He noted that he has talked to Mrs. Witt on several occasions; and he understands the property owners' concerns and problems. He then noted that for a two-yard dumpster, the City charges $600 a year while Waste Management charges $400. He also stated that comparisons of charges by other communities reveals that those using the automated garbage .rucks have much lower rates than those using manned trucks. Mayor Swanson stated the City could add some items to its current program which create flexibility for various groups of people. He noted it is important that the number of options provided not be so great that they create administrative problems. Assistant Sanitation Superintent Wold suggested that an automated collection system with satellite recycling stations throughout the community might provide a workable solution to the current problems. Commissioner Stiff reiterated his position, noting that he does not feel that use of reserves is an option. He then stated there seem to be two different issues involved, one pertaining to the method of assessment and the other pertaining to capitalization; and they should be addressed .separateIY. The City Manager noted that if the Commission decides to change to automated trucks, now is the time to do so, since new trucks will be needed within the next year or two. He noted that the cost of the trucks is essentially the same as for a rear packer. Commissioner Frost stated he agrees there are problems which must be addressed; however, he does not feel that going back to a per-room assessment rate is a viable option. He then expressed concern that if people have a larger can, they will tend to fill it up rather than trying to reduce their output. Commissioner Vincent suggested that through a subscription service, there could be some options provided for those who still wish to reduce their output and save money. The Commission thanked staff for their participation in this discussion. . Recess - 5:42 D.m. Mayor Swanson declared a recess at 5:42 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 02-18-92 . < " , , . - 14 - Reconvene - 7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - variance from Section 18.50.120.F. of the Bozeman MuniciDal Code - Gallatin .oun~iI ~n H~~lth :n: Drugs - allow oD:r~~on ~f "HelD Center" without providing three of the four ff-st ee Da 109 D cas - 421 East P a St eet This was the time and place set for the public hearing on the variance from Section 18.50.120.F. of the Bozeman Municipal Code, requested by the Gallatin Council on Health and Drugs under Application No. C-9203. to allow the operation of the "Help Center" without providing three of the four required off-street parking spaces. The subject site is located on Lots 15 and 16, Block 119 of the Northern Pacific Addition, and is more commonly known as 421 East Peach Street. Mayor Swanson opened the public hearing. Associate Planner Debbie Arkell presented the staff report. She noted that the Help Center has been located at 323 South Wallace Avenue for the past twenty years and must now .find a new location. She stated they provide a 24-hour crisis counseling and referral service, therefore, they have a full-time resident on site. She stated the subject property is zoned M-1, Light Manufacturing; and offices and medical or health clinics are listed principal uses. Planner Arkell then reviewed existing uses in the immediate area, noting that there is no available off-street parking within 1,000 feet of the site which could be leased. She then noted that the site does have room for three vehicles in the driveway; however, they would be stacked so they do not count under the zone code requirements. She also noted that the 16-foot alley easement at the rear of the lot is undeveloped and is not wide enough to accommodate two-way traffic. Planner Debbie Arkell noted this application was reviewed in light of the three criteria set forth in Section 18.56.060 for consideration of variances; and recommends approval of the .reqUested variance. She noted that this proposed use will not result in any exterior changes; and 'it is not anticipated that traffic will increase. Also, there is no viable alternative for providing adequate off-street parking without damaging the residential character of the site. Planner Arkell then reminded the Commission that four votes are required for approval of a variance. 02-18-92 - 15 - Mrs. Connie Rumley, member of the Gallatin Council Board of Directors, stated the subject site is the only suitable location which they have found for the Help Center. She noted that there are occasional visitors at the Center, although most of their services are conducted by telephone. She noted there are sometimes group activities in the evening; however, she compared them to a family having a party. She stated that Mr. Monte Cooper, a real estate agent, has indicated that .the Help Center will probably not find any other suitable site in town where at least one or more variance is not required. No one was present to speak in opposition to the requested variance. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the requested variance from Section 18.50.120.F. of the Bozeman Municipal ~, . Code, requested by the Gallatin Council on Health and Drugs under Application No. C-9203, to allow the operation of the "Help Center" without providing three of the four required off-street parking spaces on Lots 15 and 16, Block 119 of the Northern Pacific Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Public hearina . Conditional Use Permit. Mark Duffv - allow develooment of a orivate helioon. as a oersonal use airfield. on Tract 1. COS No. 748A. located in the SE1/4. Section 16. T2S. R6E. MPM (350 Canary Lane) This was the time and place set for the public hearing on the conditional use permit requested by Mark Duffy to allow development of a private heliport, as a personal use airfield, on Tract 1, Certificate of Survey No. 748A, located in the southeast one-quarter of Section 16, e-rownshiP 2 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly known as 350 Canary Lane. Mayor Swanson opened the public hearing, after which he briefly highlighted the steps which the Commission follows in conducting a public hearing. He noted that, due to the length of the City-County Planning Board hearing and the fact that the Commission has had available all of 02-18-92 - ____u__ _____ --.------- . . . . - 16 - the written information which has been submitted and the minutes from that hearing, time limits have been established for each segment of this hearing. He then reviewed those time limits, asking those present to please observe them as closely as possible. He reminded the Commissioners and those in attendance that this is not a town meeting form of government. He requested, therefore, .that all comments be directed to the Commission, that there be no polling of the audience. and that applause will not be tolerated. Senior Planner Dave Skelton submitted to the Commission letters from Charles Jay Morris and Bill Kirkpatrick, both of which are in favor of this application, noting that these letters had just been received in the Planning Office. He then noted that all of the other letters received by that office had been listed within the packet of information submitted by staff. He then directed the Commissioners' attention to a colored map, noting that only those letters received from residents within one mile of the subject site are included. The Planner then presented a brief overview of the comprehensive staff report. Senior Planner Skelton stated that the staff reviewed this application, which is actually to allow relocation of the existing heliport at 699 Bozeman Trail Road to 350 Canary Lane, in light .Of the six criteria set forth in the zone code for conditional use permits. He noted that under this application, the applicant would utilize the existing 60-foot by 150-foot metal agricultural storage building for his helicopter business. To make that conversion in use, he will install the required improvements, which include eleven off-street parking spaces, a concrete helipad, a 10,000-gallon double-walled underground fuel storage tank, 12-foot-high berms along the north and west sides of the building, landscaping improvements along Canary Lane, and road improvements to Canary Lane. The Senior Planner reminded the Commission that the subject site is currently zoned A-S, Agriculture Suburban; and private use airfields are a listed conditional use in this zone. He then reviewed the definition on the zone code for "personal use airfield" as well as Webster's definition _for "personal." He then suggested that the intent for allowing personal use airfields in an A-S zone '~ is the convenience of a single individual, with typically very limited usage on an annual basis. Planner Skelton then reviewed the staff's findings for each of the six criteria set forth in the code. He noted deficiencies in the landscaping proposed, indicating that additional landscaping must be provided along Canary Lane and the off-street parking spaces. He stated that the applicant has proposed two 12-foot berms to minimize the visual impact of the metal building, suggesting 02-18-92 - 17 - that landscaping around those berms would further mitigate those visual impacts. Planner Skelton then stated that in a letter dated January 13, 1992, County Road Superintendent Sam Gianfransciso indicated that the applicant must bring Canary Road up to County road standards, as well as work with the County to establish a maintenance program. He noted that the 60-foot wide right-of-way is adequate for the improved roadway. . The Planner then addressed the third criteria, which involves adverse effect upon abutting property, noting that many letters were received from residents in the immediate area addressing many of the issues identified under this item. The issues which seem to be lacking adequate information under this item included fire protection, property values of surrounding sites, noise, safety, neighborhood impacts, environmental concerns, heliport design, and intensity of use. He noted that the applicant has provided additional information on many of these items since the filing of his formal application; however, the staff report was based on the formal submittal and was completed prior to any of the public hearings. Planner Skelton noted that the area surrounding the subject site is master planned for suburban residential and rural residential; and the entire area is planned for residential development. ~ ~ _ fa He noted that a determination must be made on whether this proposed heliport use is compatible and appropriate with the existing and future residential development of that general area. He then reviewed the two criteria for locating commercial uses within a residential area under the master plan, which are the requirements that (1) it be located at the intersection of arterials or arterials and collectors, and (2) it be of a scale that is compatible with residential development. He then stated that Canary Lane is designated as neither a collector nor an arterial, and Bozeman Trail is designated as a limited arterial. He then stated the type of commercial development intended by this criteria is to provide services for that immediate neighborhood. The Planner then suggested that the scale of this project is not compatible with surrounding residential development. He further noted that the existing building is a 60-foot by 150-foot metal building with no architectural treatments to mitigate its visual impacts and enable 4 .. it to blend with the surrounding residences. Planner Skelton stated that if the Commission determines it is appropriate to approve this application, staff would request that adequate time be provided for staff to develop recommended conditions to ensure the compatibility of this project with the surrounding area. Planner Skelton stated that at its first review of this application, the Development Review 02-18-92 ~~ - .'.~---------......._-~,- -----.------------- > ., - 18 - Committee voted to recommended conditional approval of the application. He noted, however, that after the second review, after ample time for staff to review the application in light of the criteria set forth in the master plan and the zone code, the DRC forwarded a "no recommendation" because the Planning staff member had voted "no" and a unanimous vote is necessary to forward a recommendation. . Planner Dave Skelton stated that, following its public hearing on this application at its meeting of February 4, the City-County Planning Board forwarded a recommendation for denial of this application. He then reviewed the reasons upon which the Board made that recommendation. Mr. Mike Money, representing the applicant, expressed concern about the time limits which have been placed on each segment of this hearing, noting that the pUblic hearing process is a learning process; and there is a substantial amount of technical information to be presented for this application. He then requested that all of the technical information, including the exhibits and tapes, supplied at the City-County Planning Board public hearing be made a part of this record as well. Mr. Mark Duffy, applicant, stated he has lived in Bozeman since 1968, and noted that his . father began the helicopter service at its present 699 Bozeman Trail address in 1969. He stated that in that length of time, they have had no safety-related problems and no complaints from neighbors in that time period. Mr. Duffy then addressed some issues which have bothered him during this application process, noting that it has involved a great amount of time and effort to date. He expressed concern that the Planning staff has approached this application with a negative attitude rather than with an objective view. He stated that staff has dwelt on every negative aspect of the proposal, while he and his representatives have done as much as possible to provide information about the project to the staff. He noted that on the issue of landscaping, he has indicated his willingness to meet all landscaping requirements, as well as any additional landscaping that may be deemed necessary to ensure this conditional use's compatibility with the surrounding area. . Mr. Duffy then stated that staff has not made public all of the information it received from the consultant they used to assist in evaluating this proposal. He noted that this is frustrating, particularly for a businessman in the area for 23 years who is trying to be progressive while moving his operation only "a couple thousand feet." Mr. Duffy then briefly reviewed the company's safety record. He noted that their safety 02-18-92 - '.. ------ _,________. __m .,___ .. ._----~ " . - 19 - record for the past five years was requested; they submitted the complete record from the FAA since the business was begun. He noted that there were four items on that record, two of which involve accidents. He noted that in 1979, a mining crew set off explosives on the ground while the helicopter was close to the ground, damaging the helicopter; and the mining company was .equired to replace that machine. He then noted that in 1983, they were herding wildlife in the Missouri River Breaks, which is one of the most hazardous types of flying that they do, when they encountered problems. He noted that resulted in the helicopter being landed in a manner which caused damage to the machine but no injuries to its passengers. He then noted that in 1991, a couple neighbors filed complaints about the position of helicopter flight patterns, after he had made his intent to relocate known. Mr. Mark Duffy stated that this operation has utilized two to five helicopters over the past several years; and he has applied for an operation which allows the use of up to five helicopters so that the business can continue to operate as it has in the past. He noted that it is a small family business; and they intend to keep it that way. He noted past opportunities for expansion, stating they have consciously decided to remain small; however, they would like to upgrade it to the .twentieth century, including running water, bathrooms, lights and heating. Mr. Duffy noted that the residential area has developed around the subject site over the years. He stated that in 1982, the business and its facilities were expanded; and they did not incur any problems from the City or the neighbors at that time. Mr. Mark Duffy then encouraged Commission approval of this application. Mr. Mike Money reviewed the revised site plan which has been prepared in response to the concerns which have been previously expressed. He then noted that the subject business has been located only a short distance from the subject site for the past 23 years, showing the Commission a photograph taken in 1972 that shows that no houses existed east of Mr. Duffy's existing facility. He noted that in an evaluation of property values in that area, it was determined _that the existing facility is insignificant compared to the freeway and railroad. _.~ Mr. Mike Money also submitted information which had been forwarded by Mr. Norm Dotti, since he is currently stranded at the Denver airport enroute to this public hearing. He noted that the hand-out is a page from an EPA report on noise levels. He then stated that the type of helicopters which Mr. Duffy flies are small and light; and their noise levels are well within the FAA guidelines. He further stated that the noise from the helicopters will be heard by those along the 02-18-92 . . " , , - 20- flight paths for a duration of 15 to 22 seconds, which is less than a total of 11 hours per year. Mr. Money noted that the City retained a consultant to review the information which has been provided by the applicant's consultants. He noted that at the end of that report, Systems Control Technology, Inc., (SCT) recommends that the conditional use permit be approved. Mr. Money then submitted to the Commission a list of fifteen conditions which Mr. Duffy .s willing to impose upon himself, should the Commission approve his application, and briefly reviewed those conditions. He noted the applicant's willingness to install a substantial amount of landscaping around the existing building and along the Canary Lane frontage. He further noted the applicant's willingness to provide a storage tank for firefighting purposes, not only for the helicopter business but for the homes in the area as well. He stated that alarms are to be installed in the building so that if something were to happen within the building when no one is present, emergency personnel would be alerted through the system. Mr. Money stated that Mr, Duffy is also willing to abide by a condition which would limit his operation to 365 flights per year, with up to five helicopters being utilized in the operation. He further noted that with the berms which the applicant has proposed to install, the noise of those .take-OftS and landings would be greatly reduced. He stated that all take-offs and landings are VFR, they must occur during daylight hours. He further noted that the flight paths for this operation are limited to what is approved by the FAA. He then stated that the traffic generated by this operation is equivalent to that of three single-family homes. Mr, Tom Anacker, attorney representing the applicant, reviewed the definition of "personal use airfield" in the zone code, after which he reviewed the rules of statutory construction. He noted that the first rule is to look at the plain meaning of the words contained in the definition, and the next rule is that zoning ordinances are to be construed in favor of the property owner if there is more than one interpretation. He further noted that the specific governs over the general. He suggested, therefore, that the Commission should consider the code definition of "personal use airfield" but not the Webster's definition of "personal" in making its decision on this application. . Mr. Anacker then provided a brief history of this application, including the Commission's December 2, 1991, decision on the classification of use. He quoted from the minutes of that meeting, at which time the Commission determined that this proposed use is the same as a personal use airfield in the A-S zone. He then suggested that all of the criteria listed in the zone code can be met with the exception of whether it is in conformance with the master plan. 02-18-92 -----...---. ,,-.----.. -... . . , ,. - 21 - Mr. Anacker then cited two cases, one from New York and the other from Rhode Island, which he feels are applicable in this instance, indicating a willingness to provide those citations to the City Attorney. He suggested that because of the Rhode Island case, the Commission may not deny an application for a conditional use permit that would, in effect, alter or amend the comprehensive plan. . Mr. Anacker then cited excerpts from Rohan, which pertain to how zoning ordinances and master plans are related. He suggested that the Planning staff has relied on the master plan to support its recommendation for denial of this application. He then drew the Commission's attention to pages 60 through 62 of the 1990 Bozeman Area Master Plan Update, pertaining to residential land use guidelines. He noted that the subject 34-acre site is zoned A-S, which is not a residential zoning designation; therefore, these guidelines do not apply. He noted the property currently contains one agricultural storage building; and the remainder is leased hay ground. He noted that while the Duffys were finishing their new home, they were specifically told that they could not park their motor home temporarily within the agricultural storage building because they could not reside on the subject parcel. . Mr. Anacker then reminded the Commission of the language in the section on pages 61 and 62 of the master plan, noting that the criteria to which the staff has referred for locating commercial activities in residential areas are identified as "guidelines" as opposed to conditions or strict requirements. He further noted that the introductory paragraph refers to "quality neighborhoods in Bozeman" suggesting, therefore, that this section does not apply to the jurisdictional area. Mr. Tom Anacker stated that at the Planning Board meeting, comments were made that this is the same application that was before the Commission two years ago. He reminded the Commission that, in fact, the issue before the Commission was a request for a zone code amendment under the old zone code; and that request was denied. Mr. Anacker then expressed three concerns about the procedures which have been .followed to date. (1) The City staff has submitted a letter, dated February 12, in which it was requested that the status of the existing heliport on Bozeman Trail not be discussed, noting that information is important and relevant and should not be omitted. (2) He further noted that staff has indicated that the applicant incurs the burden of proof beyond a reasonable doubt, a requirement which is applicable to criminal rather than civil cases. He noted that in civil cases, 02-18-92 no n ___ .-.--- . , . . r - 22 - there must be a preponderance of evidence in favor of the case. (3) The time limits which have been imposed on this hearing. Mr. Ray Simms, professional aviation consultant with 28 years of experience in aviation, provided a brief overview of his experience as a pilot, instructor, heliport designer and professional consultant. He noted that a resume of his experience and association memberships has been encluded in the packet of information previously submitted. He noted that the two main issues of concern which have been raised pertain to safety and noise. He noted that Mr. Dotti's report and his testimony before the Planning Board have adequately addressed the issue of noise. Mr. Simms stated that the existing building is located in an excellent position on the subject 34-acre parcel, thus allowing Mr. Duffy to conduct his take-off and landing patterns over his own property. He noted that Mr. Duffy also has the ability to control any future development of the subject 34-acre tract, over which his initial flight path is to be located. He further noted that at the present time, many of the residents in the adjacent subdivisions can observe helicopters taking off and landing at the current site. He noted that the topography of the proposed site, even without the installation of berms, is such that it will be extremely difficult for them to see those .helicopters taking off and landing. Mr. Simms then addressed the issue of safety. He stated there has not been an accident involving residences in the vicinity of a heliport where anyone was injured or killed; and that statement cannot be made about any other mode of transportation. Mr. Simms next addressed how the FAA regulates Mr. Duffy's operation and in what areas, noting that he maintains two certifications for his business. He noted that in a proposed relocation, the FAA looks at topographical information as well as the locations of residences in the immediate area to determine the potential for conflicts. He stated that since this is a private heliport, Mr. Duffy has total control over what helicopter arrives and when. Mr. Simms noted that the consultant selected by the City to review this application had the impression that only negative information was desired. He noted they also received eroneous .information that an injunction was being filed to stop the conditional use process. Mr. Simms stated that Mr. Duffy's operation is an excellent example of a well-operated and well-maintained helicopter operation which meets and, in fact, greatly exceeds all FAA and industry standards. He then indicated that the facts presented indicate that relocation will actually result in improvement to the immediate area. 02-18-92 . n_ --. -.- .---.- __..__. ___u .__________._ __ _. _.__u_ ..__._.__ _ _._~ " " . . - 23 - Mr. Dennis Hoeger, real estate appraiser. stated he has reviewed the real estate appraisal report completed for this application, noting that report provides an analysis of the neighborhood around the existing heliport and compares those values with others around the valley. He stated that analysis revealed that the heliport had no effect on the property values in that immediate area; and, following review of the report, he concurs with that conclusion. . Mr. Hoeger then noted the amount of development which has occurred around the existing heliport over the past twenty years, and the public acceptance which that indicates. Mr. Mike Money briefly summarized the testimony submitted during the past hour. He stated the applicant is aware of the neighborhood's concerns; however, he suggested that this proposed use can be compatible with the residential area. He then encouraged Commission approval of ths application. Responding to Mayor Swanson, Mr. Anacker stated the Commission cannot deny this application on the basis that the use is not in harmony or conformance with the master plan because it is a listed conditional use and because in December the Commission determined that this proposal was the same as a personal use airfield. He noted that the Commission may attach .conditions to approval of this application to ensure its compatibility with the surrounding area. Commissioner Frost noted the applicants have referred several times to the master plan; however, they have not addressed the zone code issues. He then asked Mr. Anacker if he feels that this application complies with the zone code as well as the master plan. Mr. Tom Anacker responded that it is the applicant's position that this application meets all of the six criteria set forth for conditional use permits in the zone code, with appropriate conditions attached. Mayor Swanson noted that under the master plan, commercial projects are allowed in residential zones at the intersections of arterials and lor collectors; however, this project is not in such a location. Mr. Mike Money responded by referring to Mr. Anacker's earlier argument that such a .provision applies within the city of Bozeman. He further noted that Page 82 of the 1990 Bozeman Area Master Plan Update stipulates that the zoning process in the Bozeman area should recognize that the process should be flexible in its application yet reasonably predictable in its result; that the City should become more concerned about performance of particular development projects than their location on the zoning map; that site design and architectural design are critical in determining 02-18-92 -.. ..-- --.-.---- - ... .. .-..-.-... - ..- -----.. , . , . , - 24- compatibility; and that with careful design, buffering and screening, most land uses can become compatible with any adjacent land uses. Mr. Money further noted that the subject parcel is not a residential zone, but is actually a commercial zone for one of the top industries in the Bozeman area. He further noted that the A-S zone has low-density use, which makes it compatible with the existing adjacent uses. . Break - 8:50 to 8:58 D.m. Mayor Swanson declared a break from 8:50 p.m. to 8:58 p.m.. in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearina (continued) - Conditional Use Permit - Mark Duffv - allow develoDment of a Drivate heliport. as a Dersonal use airfield. on Tract 1. COS No. 748A. located in the SE1/4. Section 16. T2S. R6E. MPM (350 Canary Lane) Mr. Jay Morris, 3918 Bozeman Trail, noted that many of those who have stated opposition to this application have also suggested that the helicopter operation should be relocated to the airport. He noted that the subject service has operated in its current location for the past .23 years; and many of those now stating opposition to its relocation didn't even know it existed until about three years ago. He stated that if the Commission does not approve this application, Mr. Duffy's operation will continue in its present location. He noted that the new location would provide sound barriers, flight patterns which skirt the existing subdivisions, and landscaping. He then encouraged approval of this application. Mr. Larry King, 822 Canyon View Drive, stated he formerly owned the residence at 871 Bozeman Trail Road. He stated that he sold his former residence within a few weeks, and without the assistance of a realtor. He noted that before that, he sold another residence on Bald Eagle Drive, which is also in that immediate area, without problem. He stated support for this application, noting it is important to maintain the operation close to Bozeman, rather than allowing it to relocate to Belgrade. He noted that this is the type of business which fits with Bozeman's .9rowth desires; and it is important to maintain this type of tax base within the City's jurisdictional area and within the school district. Mr. Bill Kirkpatrick, 1407 Bluebird Lane, stated that they recently purchased their home, and found the prices in this immediate area to be as expensive as they were throughout the Bozeman area. He noted that at his parents' home, which was also east of town, he has 02-18-92 , . ..' t. ,. - 25 - encountered loud helicopter noises; however, in his new home, he has not encountered such noises. Mr. Kirkpatrick noted that four incident reports have been filed against this business in the past 23 years for a business which has utilized three pilots; and two of those reports have been filed in the past two years, since people became aware of the helicopter operation. He suggested .hat if individuals were required to submit their complete driving records, they may reveal even worse safety records. Mr. Kirkpatrick then noted that the Duffys received permission to expand their operation at their current site to its existing size, which will accommodate five helicopters. He noted that is the same number which they wish to house in the new location. He then encouraged approval of this application. Mr. Mel Anderson, 3880 Sawmill Road, stated he owns Bullwhacker Industries on Frontage Road. He stated that Mark Duffy flies over his business as well as his home; however, he does not make a lot of noise. He noted, on the other hand, he cannot carryon a telephone conversation when a train is going by. He stated that he finds Mr. Duffy to be honest and . forthright, noting the Commission can expect him to do what he says he will do. Mr. George Renner, 731 Bozeman Trail Road, stated he lives adjacent to the existing heliport, with the landing pad being approximately 150 feet from his home. He noted that Mr. Duffy operates during normal working hours; and the noise generated during take-offs and landings is minimal and of short duration. He further noted the operation is extremely clean; and the equipment used is of the highest standards. He then stated that property values in the area have not been adversely impacted by the helicopter service, noting theirs has been referred to as "the property that sold for such a high price." Mrs. Diane Stuber, 3500 Trail Creek Road, noted the subject 34-acre parcel is zoned A-S, Agriculture Suburban, which allows for limited agricultural usage. She then noted that areas of concern which have been raised about this requested use include noise, value depreciation, beauty .and safety. She addressed each of these issues as they would pertain to a permitted agricultural use, such as the dairy operation which she and her husband had. She noted the noise of such an operation, which they began at 3:30 a.m. and which lasted for six hours at a time. She also noted the use of large tractors, sometimes all night long. She also noted the attendant smells, both from silage and from the manure, which they stirred twice a year, and the impacts they might have had 02-18-92 --.- .. " . . .- . - 26 - on property values. Mrs. Stuber then addressed the issue of safety, noting that more people have been killed in farm-related activities than in helicopter-related accidents. She then encouraged approval of this application, noting that its impacts will be less than those from a potential permitted use. Mr. David Rikustad, 3770 Sawmill Road, stated support for the application, noting that .1e has resided in Sunset Heights and at 871 Bozeman Trail in addition to his current address. He then stated that Duffys have a history of giving, and gave examples, such as fighting the 1989 fire "up Sawmill." He noted the new location would be better for everyone involved. He then encouraged the Commission to make its decision based on the best interests of the community and the information available rather than on emotion. Mr. Merv Lefferts, 1281 Bozeman Trail Road, stated he previously resided at 380 Fort Ellis Road. He stated that he owned the first parcel in Clover Meadows, where he lived until four years ago; and he sold that property without a realtor. He noted that he did not have any problems with the helicopters when he lived there; and, in fact, bought even closer to the heliport. He stated that Mark Duffy is a certified airplane mechanic; and he maintains his own helicopters. He noted, .therefore, it is important to have the helicopters stored as close to home as possible. He then cited instances in which the Duffy's helicopters have been used, such as rescuing Kari Swenson after she had been shot and airlifting Don and Dan Nichols from their hide-out after they were apprehended. He stated that in those instances, time was extremely important; and there are many similar situations. Mr. Lefferts then stated support for keeping Mr. Duffy's operation in the area, noting that the tax base it provides is important. He also noted that with this requested relocation, the helicopters will not be flying over any houses. Mr. Dan Pratt, 3600 Trail Creek Road, noted that the subject parcel is large enough for a dairy farm with approximately 100 cows; and its zoning would allow such a use. He then noted his support for an independent business which is capable of operating under today's standards and .regulations. He then encouraged the Commission to take the appropriate steps to ensure that this business is retained in the area's tax base, rather than having it relocate to another taxing jurisdiction. Mr. Bill McLain, 5 Stagecoach Drive, stated he has been involved in real estate development in the medical field, specializing in retirement health care and nursing homes. He 02-18-92 " , . , I.'. o. - 27 - noted a recent retirement home project in Billings, where the City worked closely with the developers to accomplish the land use processes necessary to allow this construction, He then encouraged the City of Bozeman to take whatever steps it needs to be progressive and support this application, Mr. Martin Studer, 700 Solar Way, stated he is speaking on behalf of many residents of .the Clover Meadows, Mountain Splendor and Skyview Subdivisions, which are all located in the immediate vicinity. He stated that residents of this subdivisions are almost unanimously opposed to Mr. Duffy's application for a conditional use permit. He then drew attention to the map prepared by the Planning office to graphically depict those comments received from residents within one mile of the proposed site. He noted that the colored lots are those upon when the people reside; and some of those property owners have more than one lot. He also noted that a petition of opposition, signed by approximately 140 property owners in that immediate area, was also submitted to the City. Mr. Studer noted the application is for five helicopters, while he has only seen one in use over the past two years. He reminded the Commission that this is the first major application to be .rocessed under the new master plan and zone code, noting that the decision will impact future decisions made under these documents. Mr. Studer then stated that residents of these subdivision are not attempting to interfere with Mr. Duffy's business; however, they do not want the business to expand and relocate to their neighborhood. Mr. Studer stated there have been inconsistencies in Mr. Duffy's application, with the numbers of pilots and helicopters having been changed upward; and this has caused concern among the residents. He then noted that the photo which has been used to reflect the current and proposed flight patterns is an old one and does not show the actual intensity of the residential development in that rapidly growing area. Mr. Martin Studer noted that the Ravet Estate, which is a 111-acre parcel bordering the Duffy parcel on two sides, has just been listed for sale with the suggestion it could be developed .nto residential lots; and Mr. Mike Money was the listing agent. Mr. Studer stated he does not feel that this application meets the intent of a personal use airfield, noting that seems to imply allowing a farmer "to park his airplane on the ranch or his helicopter behind the barn." He then reviewed whether this application would comply with the six criteria established for review of conditional use permits, stating he feels that it would adversely 02-18-92 -. .~ 1_ .,."'T .'. - 28 - affect the surrounding properties. He noted the current firefighting capabilities and response times, noting that their insurance pOlicies and premiums reflect the slowness of response. He stated that Mr. Bishop's report on property values does not take into consideration the expansion of the current business along with its relocation. He further noted that people moved close to the existing helicopter service site, knowing of its existence, which is different from having it relocate next to .an existing residential neighborhood. Mr. Studer then raised concerns about several issues, including noise, safety, and relocation of a business for one man's convenience at the expense of others. He then stated support for the Planning staff's recommendation, encouraging the Commission to deny this application. Mr. Gary Reinhard, 1422 Robin Lane, stated his property abuts the proposed heliport site. He then noted that last week, he forwarded a 20-page history of the heliport issue to the Commission, beginning in 1988. He also showed the Commission a large stack of information which he as accumulated on this issue over the past four years. Mr. Reinhard expressed concern that, while this proposal is for a private use heliport, it .is for a commercial use. He also expressed concern about the safety issues involved in such an operation, including the potential of fire from fuel spills as the result of a helicopter crash. Mr. Reinhard noted the subject parcel is not located at an intersection nor along an arterial or collector; therefore, this application does not comply with the master plan requirements for commercial development in a residential lone. He then encouraged disapproval of this application. Mr. Verner Albertsen, 1414 Robin Lane, noted that he, along with Mr. Murray Duffy and Mr. Dan Davis, developed the Clover Meadows Subdivision. He noted that he is now the only resident within the subdivision; and he is opposed to the proposed conditional use permit. He also noted that Mr. Davis still owns property within the subdivision and wishes to ensure that the investment of property owners is protected. Mr. Albertsen stated that the underlying issues are much greater than just relocation and .xpansion of a business. He noted the question of what type of development is to be allowed on A-S zoned land must be answered, as well as what is in the best interests of the community for today and for the future. He then stated that this application does not comply with several of the criteria set forth in the zone code for conditional use permits because this type of business would not be compatible with the neighborhood and would have significant impacts on the area and the 02-18-92 "- .. ,," I' , - 29 - residents. Mr. Jim Townsend, 1321 Robin Lane, stated his opposition to the heliport proposal. He questioned why the applicant would submit an application to allow relocation of his business if he does not plan to expand, and expressed concern that on 34 acres, the applicant could create a full- fledged airport that would accept fixed wing planes in addition to helicopters. He noted that the .apPlicant has agreed to improve a portion of Canary Lane to County gravel road standards; however, he stated that traffic will tend to use the paved portion of the roadway through their subdivision, which is maintained by the subdivisions' residents, instead of the gravel road. Mrs. Jacquie Warddrip, 1429 Robin Lane, noted that the Fort Ellis Fire Department is a good one; however, it is a volunteer department, so the response time can be quite slow. She noted that to have an underground water tank to provide a water source that is closer than the Life of Montana building would be nice for the firefighters. She expressed concern that with the winds in that area, dry conditions often occur; and residents are definitely concerned about the potential of fire. She stated that on a scale of 1 to 10, with 10 being bad, the fire rating for their area is a 9; and many property owners have incurred difficulty in obtaining insurance on their homes. She .noted that a gasoline fire burns hot; and time is of the essence when fighting such fires. Mrs. Warddrip stated that Mr. Duffy has a twin engine Cessna; and he has landed that airplane on the subject site in the past. She then encouraged the Commission to concur in the Planning Board's recommendation for denial. Mrs. Dorothy Keck, 1408 Bluebird Lane, noted that three houses are currently being constructed in her area of the subdivision. She stated that she does not hear the trucks involved in that construction when they go by; but she does hear the helicopters. Mrs. Eve Sullivan, 1330 Robin Lane, stated that Mr. Duffy currently flies over her property. She noted that Clover Meadows is a beautiful subdivision in a beautiful area of the valley; however, the noise of the helicopters is disruptive in this setting. She stated that, because of the stress related to hearing the helicopters, they decided to sell their dream home; however, .ridger Realty advised them not to do so because they would take a terrible loss on their investment. She also noted that they had one offer; however, it was cancelled after the gentleman read about the heliport in the newspaper. She then encouraged the Commission to deny this application. Mr. Jay Bair, 9450 Star Lane, stated that if Central Helicopter runs only two helicopters 02-18-92 . "jl'..,,'" .' . - 30- at the present time, five helicopters will represent over 100 percent increase. He then stated it is important to address the quality of life when considering this application. Mrs. Myrna Hammer, 1808 Mount Ellis Lane, stated they purchased Lot 5, Skyview Subdivision, which is located approximately one-half to one block from the subject site in October; and at that time, there was no mention of this proposal. She stated that she has a large family; .and she is concerned for the safety of her children if they construct a home on their lot and the heliport is allowed to relocate. She noted that one of her husband's concerns is whether the applicant is willing to be covered by liability insurance, for possible situations such as a helicopter crash. She stated the applicant has indicated a willingness to limit his flights to 365 per year; however, there is no indication of how many there might be in one day. Mr. Jeff Jacobsen, 1418 Robin Lane, stated opposition to the application. He noted that several years ago, he was involved in seeking cooperation among the property owners to get the roads paved; and that was difficult because many of the property owners live outside the community and the state. He noted that those paved roads now provide the closest access to the existing building; and those are the roads that will be utilized. . Mr. Jacobsen then stated he has a PhD in Soil Sciences. He noted that to date, no hydrogeological studies have been done in the area in an effort to determine how an unfortunate accidental gasoline spill would be addressed. He suggested, however, that given the geological configurations, it appears that any type of contamination from the subject site would move directly toward Clover Meadows Subdivision. He then noted that is a very real issue that should be addressed. Mrs. Helen Alberda, 9446 Haggerty Lane, noted that the Duffys had originally owned the land where Clover Meadows Subdivision is located, and had participated in subdividing that land. She suggested that if they were contemplating relocation and expansion of the helicopter service, they should have kept the land rather than subdividing it for residential use. Mr. Chuck Michael, 63 Hitching Post Road, stated he owns property on Canary Lane, and .ad intended to build there until this application was filed. He then stated definite opposition to this application, particularly because of the safety hazards involved with flying helicopters. He stated that a conversation with a gentleman from the National Guard in Helena revealed the type of noise abatement program they have as well as safety issues, such as fuel spills and fires. Mrs. Seidi Albertsen, 1414 Robin Lane, noted that in 1989, the Planning Board and the 02-18-92 '. .r~ ~:-f ... .. ~ ..... - 31 - Commission determined that certain businesses should not be allowed on any A-S zoned land; and nothing has changed except that this specific business is now being called a personal use airfield. She stated that few homes are located next to the current heliport; and each of those houses has at least five acres. Mrs. Albertsen then noted that a conditional use permit goes with the land, not the people. .She further noted the tendency of a commercial operation to maximize its profits, which might mean flights earlier in the morning. She stated her opposition to this application, noting that it is in direct conflict with existing land uses and creates the possibility for even more conflicts in the future. Mr. Tay Chapman, 1335 Mountain Splendor Drive, expressed concern about tanker trucks using the current road system to gain access to the subject site, and the dangerous situations that could result. He then stated that the noise from a helicopter taking off and landing lasts much longer than 20 seconds, noting he can hear one for approximately a minute before it is over the house. He stated that, although under this application the helicopter noise would not bother him as much, he is opposed to the proposal. . Mrs. Anna Goins, 1331 Robin lane, stated she can see the freeway, but she almost never hears the noise. She reminded the Commission of the master plan, encouraging them to take that into consideration in their decision-making process. Mr. Brian Gallik, 1336 Mountain Splendor Drive, stated that many of the points he wished to make have been very well covered by others speaking in opposition to this requested conditional use permit. He then reminded the Commission that the decision to allow this application to go through the conditional use process as a personal use airfield was made on a 3 to 2 vote. Mr. Gallik then noted that in his research, as an attorney, he was unable to find any personal use airfield with five helicopters and three pilots in a commercial operation. He suggested, then, that this does not fit the plain meaning of a personal use airfield. He also noted County Commissioner Berglund's letter about the intent of the definition when the code was initially .assed. Mr. Gallik noted that Mr. Anacker referred to Mr. Duffy's rights as a property owner; however, he noted that the rights of the residents in the area were not discussed. He noted that this area is entitled to a quality neighborhood; and that provision should not be limited to development within the city limits, as suggested by the applicant's representatives. 02-18-92 ~ .~ ...'~ .... I ~ ! ,. - 32 - Mr. Gallik then stated support for the decision which the Commission made in 1989, encouraging them to deny this application at this time. Mr. Mike Money responded to several of the issues raised by those speaking in opposition to this application. He noted that he is, indeed, a listing agent and representative for the Ravet Estate. He noted that he is currently negotiating a potential sale of that parcel. He then apologized .for any negative effects that publicity surrounding this application may have had on property values in the immediate area, noting that the publicity was created through public concern. He then stated that the flight paths are not regulated from the existing facility; however, Mr. Duffy tries to keep the flights where they minimize impacts on others. He then noted that at the new facility, the flight paths would be limited. Mr. Money stated that a helicopter can hold 150 gallons of fuel, compared to an airplane which can hold thousands of gallons. He then reminded the Commission that this application does not reflect an expansion of business, rather it recognizes the number of machines that have been utilized at times in the past. He also noted that the application is for a heliport, with the appropriate size landing pad, not an airport that will accommodate fixed wing aircraft as suggested .bY the opponents. He stated that lots in the surrounding subdivisions have been placed on the market recently, at current market prices; and he does not feel there will be any problems selling those which have not already been sold. Mr. Money then stated that this relocation will not result in an increase in the number of flights, noting the applicant's willingness to accept a condition which limits the annual number to 365. He noted that the applicant does carry the appropriate insurances for his helicopter service. Mr. Money then encouraged the Commission to consider the facts surrounding this application. He noted that the master plan is not a piece of concrete, rather it provides direction. Mr. Tom Anacker reminded the Commission that a decision to deny this application will result in the continued helicopter operation at its existing site, with its existing flight pattern which is over the subdivisions. He then reminded the Commission of the facility expansion which was .lIowed several years ago, as well as the fact that they operated for many years without any complaints being filed. Mayor Swanson closed the pUblic hearing. Following a brief discussion, it was determined that the decision on this item will be placed on the afternoon agenda for the March 2 meeting. 02-18-92 - -- .. .. r. ":'~ ..,. ," . - 33 - Adjournment - 10:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, . Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. ATTEST: ~ c:I~ ROBIN L. SULLIVAN Clerk of the Commission . . 02-18-92