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HomeMy WebLinkAbout1989-09-05 I.~ ,"it . ... . . , ... ~,.I x .; "" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 5, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 5, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker 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 Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of August 28, 1989 be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Open bids - Renovation of Bogert Park Bandshell This was the time and place set for opening of bids for the renovation of the Bogert Park Bandshe/l. The affidavit of publication of the Call for Bids was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. The following bid was then opened and read aloud: Base Bid Floor Joists/l0/f Roof/sf Kearns Construction, Inc. Bozeman, Montana License No. 6831 A $58,000.00 $34.90/10 If $1.30/sf It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, CommIssioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 09-05-89 - ~ , 11 tJ , . -2- ~ Acknowledge receipt of petition for garbage collection - New Hyalite Subdivision City Manager Wysocki stated that the City has received a petition from residents of the New Hyalite Subdivision requesting that the City take over the garbage collection op- eration in that subdivision. He then recommended that the Commission acknowledge receipt of the petition and refer it to staff for review and a recommendation to be submitted at a later date. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission acknowledge receipt of the petition for garbage collection as submitted by residents of the New Hyalite Subdivision, and refer the petition to staff for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Mr. Phillip LaRoe, 1332 Cherry Drive, stated that during circulation of this peti- tion, a number of people expressed concern that no action has been taken on the petition they had filed two years ago. He stated that this petition contains signatures represent- ing 133 of the 185 houses in that subdivision, or 72 percent. He stated that at least 50 percent of the homes on all streets are represented on the petition, except for Maple Street, which has four houses. Mr. LaRoe stated the catalyst for circulating this petition was Waste Management i::6 Jo Partners' decision ~ suspend garbage collection for one week for those customers whose garbage was to be collected on July 4. He stated that verbal communications from employ- ees of Waste Management were varied as customers called in about the failure to pick up garbage, ranging from a pick-up the next day, to a pick-up on the regular day the next week, to collection later that week at an extra cost to the customer. He also indicated that some of the responses were rude, some bordering on profanity. He noted that, be- cause of the number of calls received, Waste Management did pick up garbage later in the week. Mr. LaRoe stated that some residents of the area independently called the City also; and most if not all of those calls were routed to the City Attorney. He noted that, upon the suggestion of the City Attorney, he spearheaded circulation of the petition which has been submitted to the Commission. Mr. Phillip LaRoe then referred to the map attached to the petition, which graph- ically reflects the houses in the subdivision and those from which signatures were ob- tained. He stated that the door-to-door circulation included two contacts to each home in an attempt to reach everyone. He indicated that 37 people were not reached in the effort. Fifteen people declined to sign the petition, two have no complaints about the current sys- tem, three indicated they did not care who picked up their garbage, two stated they pre- 09-05-89 -, ~ --- - --- - .~ - ~ . 11 l' r , , -3- fer to have private competition, six currently haul their own garbage and wish to continue, and two did not give any reason. Mr. LaRoe then stated that the price differential between the existing private hauler and the City's rates is also a factor. He noted that the exact savings which would be realized from City collEU:tion is difficult to determine; however, he estimated most resi- dents currently pay 56 percent more than they would under the Clty's collection system. Mr. LaRoe stated that the residents of the New Hyalite Subdivision are city resi- dents, paying City taxes; and they feel they are entitled to the same services as other city residents. He noted that under the State statutes, a local government may take over garbage collection in a subdivision after five years; and that time limit has long since expired. Commissioner Goehrung noted that the garbage collection activity is funded through an enterprise fund, which receives its revenues from users' fees, not property taxes. Mr. laRoe responded he recognizes that difference. Mr. Bob Fagliano, Waste Management Partners, was present during this agenda item. Discussion - timeline for appointment of revised City-County Planning Board City Manager Wysocki submitted to the Commission a proposed timeline for expansion of the City-County Planning Board as prepared by the City Attorney, along with a copy of the Interlocal Agreement as drafted by the City Attorney and County Attorney. The City Manager then distributed a copy of a letter of resignation from the City-County Planning Board as submitted by Roger Craft. Commissioner Goehrung asked if the County Attorney now supports seeking an At- torney General's approval on an Interlocal Agreement, rather than the joint resolution con- cept which he had proposed. City Attorney Becker responded the County Attorney feels that to seek approval of an Interlocal Agreement from the Attorney General is the best process to follow in estab- lishing the revised City-County Planning Board. Commissioner Hawks asked what steps should be taken in the interim, since the City- County Planning Board and the Zoning Commission may not be able to get a quorum to conduct business due to the resignations recently submitted. He noted that, although there are no pending planning applications to be processed, it Is important that the full Planning Board membership be retained during the review process with the consultants so they are informed of the process and can Initiate the recommendations. He then asked when new appointments could be made to the Board, following the City's appointment pro- cess. 09-05-89 ~ - ~ _n ~- n I r I -4- Clerk of the Commission Sullivan responded that the existing vacancies could be ad- vertised, with a closing date of September 20; and the Commission could make appointments at their September 25 meeting. Commissioner Martel reminded the Commission of last week's discussion on this item, and the need to wait until after the ordinance has been adopted. City Attorney Becker stated that discussion applies to the tenth member only. He noted that the Commission may fill existing vacancies on the Board at this time without creating any problems for the process. He then asked if the Commission plans to ask for letters of resignation from all Board members before the revised Board is created. Commissioner Goehrung suggested that the City ask for letters of resignation from its existing members, reappointing those it wishes to the new Board. He then suggested that the City write a letter to the County, making them aware of the process which the City is following. He noted the anticipated timeline for appointments could be included in that letter as well. Mayor Stiff stated that a conversation with County Commissioner Dave Pruitt re- vealed that they are as concerned about the process for establishing the revised Board as the City is. Mayor Stiff then asked if the Commission wishes to accept the timellne for expansion of the City-County Planning Board as submitted by the City Attorney, and whether the Commission wishes to advertise for the vacancies on the existing Board. City Manager Wysocki asked if the Commission wishes to review the Interlocal Agreement at this meeting or defer it for a period of one week. He noted the proposed timeline allows for review either week; and to defer it until next week will not slow the process. The Commissioners concurred it wishes to accept the proposed timellne and adver- tise the existing vacancies; however, they requested that discussion of the Interlocal Agreement be deferred for one week since they received it at the beginning of the meeting and have not had time to review it. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission accept the tlmellne for expansion of the City-County Planning Board, as prepared by the City Attorney; and authorize and direct the Clerk of the Commission to advertise for openings on the present City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull. Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the advertisement for openings include a statement that the City is accepting applications 09-05-89 it ,1' -5- for the potential tenth position on the City-County Planning Board, to be fi lied after the new ordinance has been passed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. The Commission requested that the Interlocal Agreement be placed on next week's agenda for discussion and action. Commissioner Hawks requested that the policy for appointments to boards and com- missions, along with the By-laws for the Planning Board and clarification on the conflict of interest issue, be placed on next week's agenda for discussion. He noted that if it is de- termined that the existing code of ethics, as written, does not reflect the Commission's wishes, it may be necessary to revise that document. He then requested that City Attar.... ney Becker draft possible revisions to address the Commissioners' concerns. Continued discussion - possible letter of support for viewshed management City Manager Wysocki noted that, included in the Commissioners' packets, were let- ters from the Wilderness Society; Eagle Rock Reserve; an information sheet from the University of Montana as submitted by Idaho Pole; and proposed letters to the Governor as drafted by Ross MacPherson, Commissioner Goehrung and Commissioner Vant Hull. Commissioner Hawks stated he feels any timber policy or management policy that relates to national forest and state lands should have flexibility so that different interests can be considered. He stated that, although viewshed is acknowledged in the State Forester's plan, it needs to be recognized more. He then suggested a combination of Commissioner Goehrung's and Commissioner Vant Hull's proposed letters, with a few modifications, which basically supports the need for viewshed protection and which encourages low-impact horse logging within the viewshed to mitigate impacts from those logging efforts which may be determined necessary. Commissioner Vant Hull stated support for Commissioner Hawks' suggestion. She further suggested that the letter could contain language which would specify that logging in the viewshed would be allowed as a last resort In the event of disease or the imminent likelihood of fire. She also suggested that the letter reference the fact that the master plan has long recognized the concept of viewshed protection. She noted that reference to the Beautification Committee and its position on this issue could help to reflect the broad community support for viewshed protection. The Commissioner then stated that the 1983 plan for the area was never referred to the City Commission for its review; and there was little or no community input solicited before the document was finalized. She then ex- pressed disappointment in the manner in which this document does or does not address view- shed. 09-05-89 'j"t :-r . -6- Commissioner Martel stated he has no problem encouraging protection of the view- sheds. He noted, however, that State law governs much of what can be done with State forest lands; and he feels It would be presumptuous of the City to tell the State how it should manage its properties. He noted the multiple use management plan applies to all State lands; therefore, there must be a balancing of the resources and protection of those resources for the long-term future. He stated this does not include a prohibition against logging, which is the issue that has surfaced. The Commissioner stated he likes the beauty around Bozeman and wants to encourage and protect it; however it is necessary to balance the various issues involved. Commissioner Goehrung stated he tried to address some of the issues he had heard in his draft letter. He stated there Is community interest for protecting the aesthetics in the area. He suggested that making the City's position known to the State has the poten- tial of impacting their practices throughout the State; and he feels that is important. Mayor Stiff stated he feels both the State and the federal government would appre- ciate an opportunity to provide the City with input before the City tries to establish its position. He stated that the information submitted by Mr. Ross MacPherson was very helpful, noting he was impressed by the depth and magnitude of the items addressed by the Forest Service in its plan. He noted that with the information submitted at last week's meeting, it seems the State policy has been established In a similar manner. The Mayor then stated that a conversation with a landscape architect revealed that any policy which completely eliminates logging or allows logging of only damaged merchan- dise would be narrow-sighted, since the growing crop should be addressed as well. He also expressed concern about the Implications that endorsement of a viewshed management policy may have on the City's watersheds, including Hyalite Lake and Mystic Lake. He suggested it may be in the City's best Interests to pass along its concerns, and then ask for State and federal input before making a position statement. Mayor Stiff then asked if sending a letter of support for viewshed management to the Commissioner of State Lands by mid-September is moving too fast and possibly elim- inating the possibility of good timber management in the future. He stated the area under consideration at this time is on Iy 5,000 acres; however, that is a sample of the City's viewshed and could establish a precedent. Commissioner Vant Hull stated the draft letters do not suggest that no logging be allowed, but that selective and less harmful logging practices be used. Commissioner Hawks stated the tone of his suggested letter is to encourage the State Lands Board to consider a public conservation easement as a way of controlling or protecting the vlewshed. He further noted the letter would also suggest that low-impact logging, possibly through the use of horses, be used instead of vehicles when logging is 09-05-89 1i if -7- .-----------' done on a face with exposure to the City. He suggested the professionals who work with the State lands should be aware of the City.s concerns so they may consider them when developing proposals for properties which lie within the viewshed. Commissioner Vant Hull expressed concern about the policy for clear cuts up to 40 acres In size, stating she feels those could wreck the forest. Mayor Stiff stated that, although a clear cut may be 40 acres in size, it is not in a rectangular pattern. He noted there are diagrams in the U.S. Forest Service manual which show how the clear cut is to be done. He noted that the shape of the clear cut is worked into the ravines and does not provide a blot on the landscape. The Mayor then reiterated that he does not support a concept which allows for re- moval of mature or damaged timber only, stating he does not feel that Is good stewardship. He also expressed concern that the Commissioners do not have expertise in forestry and has not sought input from those at the State and federal level who do. Commissioner Martel expressed concern about trying to tell the State how to protect /S the viewshed, particularly when it ~~ under a management plan and legal con- straints. Following a brief discussion, the Commission decided to slowly walk through Com- missioner Hawks' proposed changes to the draft letters submitted by Commissioner Goehrung and Commissioner Vant Hull. He suggested that Commissioner Goehrung.s letter be used as the base, but that the first two paragraphs of Commissioner Vant Hull's draft be substituted. He also proposed some grammatical changes in the third and fourth para- graphs and suggested a sentence be added to encourage the use of low-impact horse log- ging where viewshed considerations are critical. He then proposed a few minor changes to the fifth paragraph and left the final paragraph as submitted. Break - 2:56 to 3:02 p.m. Mayor Stiff declared a break from 2:56 p.m. to 3:02 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - possible letter of support for viewshed management Mr. Ross MacPherson stated he has reviewed the draft letters submitted by Commis- sioner Goehrung and Commissioner Vant Hull and listened to the proposed changes by Commissioner Hawks. He then stated he does not have a problem with the letter as proposed. He noted the letters point out the City's interest in the viewshed and aesthet- ics and ask for management of those areas; and they are conciliatory. He did express concern about requesting a public conservation easement, asking who that easement would be given to. He stated that under normal circumstances, the governing agency purchases 09-05-89 _c_ ", - -- -,~----"""=- '~ 1'1 .. -8- easements from private owners; and government agencies do not sell the values of public lands to private entities. Mr. MacPherson suggested the City could meet its objectives by entering into agreements with the State and the U. S. Forest Service to protect the City's interests; and he feels that would be a better approach to the issue. Mr. MacPherson then stated that on September 19, the decision will be made on the timber sale on Mount Ellis, noting this sale has been in the planning stages for three to five years. He further reminded the Commission that this involves timber sales on 85 acres, which Is 1 to 2 percent of the State lands in the area. He also stated that this timber sale is consistent with the letter which has been drafted by the Commission. He also noted this is not a clear cut, rather 25 percent of the trees are to remain to generate new trees and mitigate visual impacts. Mayor Stiff expressed concern that the draft letter refers to the Eagle Rock Re- serve, since that is a private enterprise. Commissioner Vant Hull suggested that refer- ence be changed to Bozeman Viewshed Council; and the Commissioners concurred. Mayor Stiff then requested this Item be placed on the agenda following the public hearings for further consideration. Appointment to CDBG Loan Review Committee (1) City Manager Wysocki submitted to the Commission a memo from the Clerk of the Commission listing the applications received for this vacancy. Mayor Stiff asked the Clerk of the Commission to briefly review the memo and the issue raised. Clerk of the Commission Sullivan reminded the Commission that the structure of the Community Development Block Grant Loan Review Committee was recently revised to include a position for a low- and moderate-income representative. She noted that the former es- tablished process was to have the Committee submit a recommendation to the Commission for filling of any vacancies which might occur. She stated that under the most recent action, that process was not specifically spelled out; and she needs direction on whether to submit these applications to the Committee for review and a recommendation to be submitted back to the Commission. Commissioner Vant Hull noted that in most cases, the Commission does not ask a committee for recommendations for its membership. She then stated she feels the Commis- sion should follow that same process in filling vacancies on this committee. She suggested that to allow the committee to make a recommendation on its own membership could possibly lead to an "incestuous relationship". Commissioner Goehrung asked if the position is to be filled by a low- or moder- ate-income individual or whether it is to be filled by a representative of low- and moder- 09-05-89 .1" /f . -9- ate-income persons. Commissioner Hawks noted the Commission does not have the criteria established for filling of this position. He stated that he does recognize the risk of a board becoming self-perpetuating if it recommends its own membership; however, he noted the Commission does make the appointment and has the right to terminate an appointment if deemed neces- sary. Mayor Stiff stated he feels that the issue of whether the position is to be filled by a low- or moderate-income individual or by a representative of low- and moderate-income persons must be addressed before this position can be filled. In response to a question from Mayor Stiff, Planner Debbie Arkell reminded the Commission that the issue of possible conflict of interest was discussed when this committee was revi sed. She noted that If a low- or moderate-income person is appointed, that indi- vidual may be involved in review of an application submitted by a neighbor or friend; and that could create a conflict. She noted that a representative of low- and moderate-income persons, such as an employee of the Human Resource Development Council, would repre- sent all such individuals within the community and may not Incur such conflicts. Commissioner Goehrung requested that the Committee discuss the criteria for select- ing such a representative be submitted, along with an explanation of how those were derived, since there are various standards established at the national and state levels for low- or moderate-income persons. He stated that until the Committee submits such a re- port back to the Commission, he does not feel they are prepared to take action on appoint- ing a sixth member to the Committee. . Commissioner Vant Hull suggested that to have the Human Resource Development Council review the applications may address the Commissioners' concerns and keep the Committee from becoming self-perpetuating. Mayor Stiff requested this item be placed on the agenda after the CDBG Loan Re- view Committee has had an opportunity to submit the requested information to the Commis- sion for consideration. Appointment to Technical Advisory Committee (1) It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission appoint R.J. McConnen to serve as the Clty's citizen representative on the Technical Advisory Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 09-05-89 ,~~ '()" . . -10- Absence of Commissioner Vant Hull from meeting of September 11, 1989 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize the absence of Commissioner Vant Hull from the meeting of Sep- tember 11, 1989, in compliance with Section 7-3-4322(2), M.C.A. Discussion - FY I Items City Manager Wysocki presented to the Commission the following IlFor Your Informa- tion II items. (1 ) Copy of an article from the August 31 issue of the Great Falls Tribune con- cerning the proposed interchanges for that community. (2) A letter from the County CommissIon concerning the action they took on com- position of the revised City-County PlannIng Board. (3) Copy of a letter from the Department of Commerce to the Gallatin Develop- ment Corporation indicating that Bozeman has achieved recertification under the Certified Communities Program. (4) A letter from the architectural students announcing a meeting to be held on Tuesday, September 12, concerning the old Milwaukee Railroad Depot on East Main Street. (5) Notice of the Governmental Affairs Committee meeting to be held on Thurs- day, September 7, at 7:30 a.m. at the GranTree Inn. (6) Commissioner Vant Hull noted that a two-part article on planning and open space in the New Yorker magazine has been laid in front of the Commissioners' mailboxes. She noted this is an excellent article and encouraged the Commissioners to read it. She then suggested a routing slip be placed on the articles, including the Planning Depart- ment. (7) The City Manager noted he has placed some articles on the flies with routing slips for Commission circulation and encouraged the Commissioners to review those items. (8) Mayor Stiff noted the construction taking place at Big Sky and encouraged the Commissioners to take a drive and view it. (9) The City Manager submitted his report, as follows. (1) Bozeman representa- tives met with Dennis Shea, new Highway Commissioner, In Butte last week. He noted the Commissioner encouraged them not to give up on the prospects of a new interchange, not- ing he has been talking to the Highway Department staff as well as other Commissioners. (2) Improvements to the intersection of North 7th Avenue and Durston Road are progress- ing, with overhead lines yet to be moved. (3) Review of the planning and zoning docu- ments, as prepared by the consultants, Is beginning for many of those involved in those processes. He noted that the meetings to be held this week may help to explain the con- tents of those documents. (4) The auditors will be arriving next week. (5) Teams of in- 09-05-89 . .' ') . , -11- spectors from the Fire Department and Building Inspection Department are beginning to concentrate on reviewing those buildings where business I icenses have been issued. The increased activity in the Building Inspection Department, including 21 new residential building starts in August, is causing an extremely heavy workload for that department with the combined activities. (6) He has met with Director of Public Service Forbes con- cerning street maintenance districts in preparation for submitting information to the Com- mission for consideration. Mayor Stiff stated that City-County cooperation is beginning to payoff, particularly in efforts with the Highway Commission. He noted that County representatives were also present at the meeting with Highway Commissioner Dennis Shea; and he feels it was a good meeting. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. A Fund as recommended b CDBG Claims It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items 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 Hawks, Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Recess - 3:40 p.m. Mayor Stiff declared a recess at 3:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. - This was the time and place set for the public hearing on the Zone Code Amendment requested by Mark Duffy to amend Section 18.542.140A of the Bozeman Municipal Code to 09-05-89 ~ 'i -12- add "limited helicopter landing and storage facilities" to the list of conditional uses in the A-S, Agriculture--Suburban, zone. Mayor Stiff opened the public hearing. He reminded those present that this appli- cation is for a zone code amendment, which affects all Agriculture--Suburban properties. He cautioned, therefore, that all testimony should be generic and pertain to any A-S zoned property, not site specific. He noted that if this amendment is approved, then a specific application must go through the conditional use process; and that would be the appropriate time to address a specific site. City Manager Wysocki stated that several letters and telephone calls have been re- ceived, both in support of and in opposition to this application. He then read those items into the record, as follows. Letters and telephone calls of support were submitted by Larry and Debbie King, 871 Bozeman Trail Road; June and Melvin Anderson, 3880 Sawmill Road; Molly Cypher, 1805 Kenyon Drive; Helen Dahl, 2208 Arrowleaf Hills Drive; Pat Milledge, 907 Alpine Way; Dennis Dockham, Hidden Valley Mobile Home Court; Monte and Rosie Nystrom, 3660 East Bozeman Trail Road; Tom and Deanna Harris; Jerry Cypher, 1805 Kenyon Drive; Joan Kaufman, 805 Bozeman Trail Road; Joe Wagner, 3641 Bozeman Trail Road; Theresa and Robert Webber, 901 Bald Eagle Drive; Penny Lindsey, 3770 Sawmill Road; Frank and Lauretta King, 823 Canyon View Road; and a letter signed by eight people. Letters and telephone calls in opposition were submitted by Jacquie Warddrip, 1429 Robin Lane; Pete and Helen Alberda, 9446 Haggerty Lane; Gary and Betty Reinhard, 1422 Robin Lane; Verner Albertsen, 1414 Robin Lane; Saidy Albertsen, 1414 Robin Lane; Barbara Seesee, 910 Bald Eagle Drive; T.R. McCrory, 605 Minnesota Avenue, Belgrade; Mike and Janice Reilly, 1421 Robin Lane; and Mr. and Mrs. Donald Osen, 1520 Bluebird Lane. The City Manager further noted that copies of a portion of the State statutes and two maps were placed before the Commissioners .just prior to the meeting; Mrs. Saidy Albertsen stated she had placed them there. Planner Tom Sheely presented the staff report. He stated that the Planning office has received a petition of support for this application, containing thirteen signatures, as well as one telephone call in support. He also Indicated that the Planning office has re- ceived a petition containing 185 signatures in opposition to this application, indicating they feel this proposal is in direct conflict with present and potential land uses in the area. Planner Sheely stated that this application for a zone code amendment, as submitted by Mark Duffy, would amend the zone code to add "limited helicopter storage and landing facllities" to the list of conditional uses In the Agriculture--Suburban District. He stated that, in addition to adding this item to the list of conditional uses, five criteria would be added to the zoning regulations for review of this type of use, as follows: 09-05-89 ~. II Jf . -13- 1. Buffering to be installed around all buildings and/or landing areas to reduce visual Impact; 2. The number of aircraft from the' facility shall not exceed five; 3. The facility shall be restricted, except for aircraft emergencies, to use by the aircraft registered and based at the location; 4. A clear zone of 3/8ths of a mile free from any residential development shall be maintained for take-off and landing; and 5. The installation of all fuel tanks must meet or exceed E. P.A. stan- dards. Planner Sheely stated that if this application is approved by the Commission, a spe- cific application would stili be required to go through the public review process before the Zoning Commission and the City Commission before a limited hellcopter facility could be located in any part of the A-S district. He further cautioned this application is generic, not site specific, noting this does not apply to Mr. Duffy's land, or any other site, at this time. Planner Sheely stated that the staff reviewed this application in accordance with the twelve criteria set forth in the zone code, noting several concerns were raised during that review process. He stated the staff does not feel this type of development is in accor- dance with the master plan designation or the intended uses in the A-S district. He also suggested that any use such as helicopter facilities or landing strips should be dealt with under the master planning process, suggesting that specific areas for this type of facility should be designated in the master plan and zone code. He noted that this approach could mitigate conflicts between uses and Impacts on neighboring uses, since it would be ad- dressed in advance in the master planning process. The Planner stated some of the concerns are safety issues and the location and proximity of any type of helicopter landing to any residential or commercial development. He stated the FAA does not exercise much regulation authority over this type of facility, noting they review the use as it relates to airports in the area to ensure there is no con- flict between those two uses. Planner Sheely stated that, due to issues such as public safety; noise impacts; the potential for land use conflicts with neighboring properties, especially residential develop- ments; and the potential for lowering of neighboring property values, the staff recommended denial of the application. He stated that, following its public hearing on this application, the Zoning Commission concurred in that recommendation. Mr. Roger Craft, development consultant for Rajah, stated that he is representing the applicant, Mr. Mark Duffy. He stated that Mr. Duffy has submitted this application because he would like to relocate the helicopter business one-half mile to the east, noting it has been operating in its present location for over twenty years. He noted that to date there have been no complaints about the use; and the applicant had anticipated no problem 09-05-89 .....' ," . -14- in the proposed relocation. He indicated that a building has been constructed on Mr. Duffy's property to house this operation; however, if this application is denied, it will be used as an agricultural building. Mr. Craft noted the Planning staff's report and Zoning Commission discussion ad- dress noise, property values, safety and the proper procedure for this type of use. He stated that he feels many of the statements In the report and during the Zoning Commis- sion meeting were made without any basis of evidence from which to draw their con- c1usions. He then asked the Commission to listen to the facts, and to base their decision on the facts rather than on the recommendations which have been submitted by the Plan- ning staff and Zoning Commission. Mr. Craft reminded the Commission that if this zone code amendment Is approved, the applicant must still go through the conditional use process. He noted that the intent of conditional use permits is to provide alternatives to specific permitted development, so varied uses can be accommodated. He stated that different guidelines and limits are used for the different districts to ensure compatibility. Mr. Craft stated that the FAA has published a circular on helicopter services; and it contains numerous terms for different types of operations, briefly reviewing the defini- tion of "private use helicopters". He noted that under this definition, the final approach and take-off area cannot be over residential buildings; and there are several areas in the A-S zone where this could be accomplished. Mr. Craft then revjewed the twelve criteria to be addressed for a zone code amend- ment, responding to the staff findings. He stated that the proposed use would ensure that the existing 35-acre parcel would not be divided into smaller parcels for future devel- opment, noting this would ensure that the Intent of the A-S district is maintained. He noted this will also avoid potential traffic impacts on the roadway system in the area. Mr. Craft stated the only criteria that the FAA considers when reviewing a proposed helicopter service is Its Impact on the air space for Gallatin Field. He noted, however, that the licensing and safety considerations are numerous; and the City.s adoption of the various building and fire codes ensures that those issues must be met as well. Mr. Craft stated that the issue of noise impacts is one which should be addressed through strict performance criteria. He indicated that an engineering firm has conducted tests on the noise levels, through placement of decibel meters at four places along the current flight pattern as well as the proposed flight pattern; then distributed a copy of those results to the Commissioners. He noted that the noise levels in the proposed flight pattern never reach the maximum allowed for residential development. Mr. Roger Craft stated that the character of the A-S district is to discourage any 09-05-89 . .' .-- -15- development, not just commercial development. He suggested that a limited helicopter ser- vice could enhance the area by maintaining an open space and buffering developed areas. He reminded the Commission that the conditional use process would ensure that steps are taken to address any negative impacts which might occur as a result of the helicopter ser- vice. Mr. Craft stated that zoning has safeguards to protect the value of properties in the area. He then submitted to the Commission copies of appraisals which have been re- cently done on properties in the immediate vicinity of the existing helicopter service, not- ing they have shown no decline in value due to that business. He further noted that the environmental assessment and community impact statement for the Clover Meadows Subdivi- sion, dated July 1977, was done with the existing helicopter service in its present lo- cation. He then stated that expansion of the building for the existing facility was ap- proved by the Board of Adjustment, with no protests being submitted at that meeting. Mr. Craft stated that this amendment would allow multiple uses In the area, provided that the uses are compatible. He suggested this would be more desirable than allowing residential development only in A-S zones. Mr. Craft then encouraged Commission approval of this application. In response to a question from Commissioner Hawks, Mr. Craft stated there are dif- ferent guidelines for noise level, based on the readings from a decibel meter. He noted that the test results submitted to the Commission are based on the scale for normal human hearing. Commissioner Vant Hull questioned why the applicant did not list on the building permit that the building was to be used for helicopter storage. Mr. Craft responded it cannot be used for that purpose until Mr. Duffy receives a conditional use permit to do so. He then indicated that it will be used for agricultural purposes If this application Is denied. In response to a question from Commissioner Martel, Planner Sheely stated there is no specific zoning district where a limited helicopter service Is allowed as a permitted or conditional use. Commissioner Goehrung asked how many helicopter take-offs and landings would be anticipated. Mr. Craft stated that at the present time, there are three helicopters at this lo- cation, although there have been as many as five. He stated that, based on actual flights from a log book over a six or seven month period, the average is 9. 1 landings and 9. 1 take-offs per month for the Ranger. He noted the other aircraft are used almost exclu- sively out of state; and they may come in only once a month. I n response to a suggestion from Commissioner Hawks, Mr. Craft responded that he 09-05-89 , '. ..' .) 4 -16- Initially pursued an overlay district for limited helicopter service; however, the Planning Director suggested the amendment process instead. Planning Director Andy Epple stated the issue of an overlay district was briefly discussed after the applicant withdrew his initial application. He noted concern that, even if the issue were presented in a generic framework, it could be construed as spot zoning for that particular area. He then responded to some of the Commissioners' questions which had been raised, noting that he is not sure how heliports would fit into the zone code if this application were approved. He then noted that the conditional use permit approved a few years ago for a fixed wing aircraft was strictly for private use, while this application is for a business. Mrs. Linda King, 871 Bozeman Trail Road, noted they have lived at that location for seven years. She stated their property values have not decreased because of the ex- isting helicopter operation, noting they recently refinanced their home. She then noted support for this application. Mrs. Joan Kaufman, 805 Bozeman Trail Road, stated they have lived at that location for two years. She noted that the existing helicopter operation has not caused any con- cern for their property values or their safety; and it. is interesting to watch. She stated that they spend a substantial amount of time in preparing and checking their equipment; and they take off and land in a safe manner. She then stated that when she moved to that location, she noticed the trucks, the helicopters and the dogs; and she still notices the trucks and the dogs. At Mayor Stiff's request, Planning Director Epple reminded those present that this is a zone code amendment and, therefore, does not pertain to any specific location within the A-S zone. Mrs. Ruth Vance, 731 Bozeman Trail Road, stated she has lived next door to the existing helicopter service for nine years. She noted they are interesting to watch; and they do not disturb her when landing or taking off. She further noted that Duffy's do community service with their helicopters. Mrs. Vance stated when they moved to that lo- cation, there was no development; and there is quite a bit now. She noted that she would prefer the helicopter service next to her rather than development and encouraged approval of the application. Mrs. Penny Lindsey, 3770 Sawmill Road, stated she is a registered nurse, noting that helicopters can be an important part of the life-saving process. She noted that, al- though they do not operate ambulances, Duffy's are willing to assist whenever needed. She stated they are an asset to the community and encouraged support of the application. Mr. Joe Wagner, 3641 Bozeman Trail Road, stated he is a licensed pilot. He then stated support for the application, noting there may be others who would like to take ad- 09-05-89 -- --~ - ~_._,- -----~------- ------, ~.- , . , -17- vantage of the proposed amendment. Mrs. Rosie Nystrom, 3660 Bozeman Trail Road, suggested that close proximity to the freeway and railroad would have a more detrimental impact on property values than the existing helicopter service. She noted that as a registered nurse she recognizes the pub- lic health services of this type of operation; and she recognizes that these operations do not threaten public safety. She also noted that the noise generated from the freeway could be greater than that generated by the helicopters to those residents in the nearby subdivisions. Mrs. Nystrom then encouraged Commission approval of this application, which would then allow Mr. Duffy to make his living and utilize the structure he has erected for helicopter storage. Mrs. Janice Reilly, 1421 Robin lane, submitted a letter of opposition to the Commis- sion. She stated that she feels this type of activity should be located at an established airport, such as Gallatin Field. Mrs. Reilly then raised the issue of having a member of the City-County Planning Board represent the applicant on this zoning item, questioning what impact this may have. Mrs. Annette Osen, 1520 Bluebird Lane, stated opposition to the requested zone code amendment. She noted there is A-S zoned land surrounding the city; and she feels conflicts could arise in much of that area if this amendment were approved. She stated they purchased their home in 1984, fully aware of the noise from the interstate and the railroad; and they soon learned of the noise from commercial aircraft coming into the air- port and the helicopter operation nearby. Mrs. Osen stated a homeowners' association has been established in the Clover Meadows Subdivision; and the residents have seen improve- ments to the roadways as well as enforcement of the covenants. Mrs. Osen noted that the large building has now been constructed on Mr. Duffy's property; and he now hopes to relocate the helicopter from its present location to this lo- cation. She stated that she does not feel that investment of $80,000 in a building should cause the Commission to feel it must approve this application. She then noted that Mr. Duffy was contacted by the Planning staff when they became aware of the proposed use, notifying him that the zone code would not allow the anticipated relocation of the business. She then encouraged denial of this application. Mr. Dan Shaw, 10461 Kelly Canyon Road, stated he owns property in Clover Mead- ows Subdivision. He stated there was no agricultural storage building on Mr. Duffy's property when he purchased his lot, questioning how it may affect his property values. He then questioned how a helicopter business might affect other subdivisions around the community, such as Gardner Park and Valley Unit, which are surrounded by A-S zoned land. .- Mr. Shaw noted some issues not raised as yet include the use and disposal of toxic 09-05-89 .......',,- ..- . . . -18- /./----- solvents used for cleaning parts, as well as paints. He then expressed concern that the building was constructed first; and now this application is before the Commission. Mr. Shaw stated there is strong residential opposition to this appl ication and encouraged Com- mission denial. Mrs. Jeanie Baker, 1416 Bluebird Lane, stated she and her husband are opposed to this proposed use in any A-S zone. Mrs. Saidy Albertsen, 1414 Robin Lane, stated that in the new proposed master plan, heliports are listed in the M-l and M-2 zones. She noted that applications such as this demonstrates the need for long-term planning in the Bozeman area. She stated that 10 Missoula and Helena does not allow helicopter landing areas outside the public airports and questioned why Bozeman should. Mrs. Albertsen addressed the current business, noting it has been a family busi- ness for more than twenty years. She noted the two sons are now involved; and one of those sons has two sons who may become Involved. She suggested the existing business could continue for another forty years; and she noted probably much of that area will be developed in a residential manner by that time. She noted it is nice to have one's busi- ness so close to the house; however, she questioned the necessity of it. Mrs. Albertsen stated she reviewed the staff report; and she feels It was well done. She noted the applicant's representative has estimated an average of 9 trips for one helicopter per month, with the other two flying in on a limited basis. She stated that she did a random sampling of the take-offs between July 24 and August 7; and she counted 29 take-offs. She noted the staff report suggested a 3/8-mile buffer from residential devel- opment, stating that amount of space cannot be provided on a 35-acre parcel. Mrs. Albertsen stated that relocation of the business would increase traffic through the Clover Meadows Subdivision; and Canary Lane is closed for several months during the winter. She also expressed concern about the noise from the helicopters taking off and landing. She noted they fly at very low elevations, sometimes flying over her house. She stated the present flight pattern is along the back of the subdivision; however, there are hundreds of acres of vacant property belonging to the Hospital to the west. She suggest- ed the helicopters could fly to the south and avoid existing homes and power lines. Mrs. Albertsen stated that the Clover Meadows Subdivision was developed by three people, one being her husband and another being Mr. Murray Duffy. She stated that she and her husband feel they have a moral obligation to protect the property in the subdivi- sion and to ensure that the property values are not lowered. Mrs. Albertsen encouraged denial of this application. She noted that to allow heli- copter facilities on the A-S zoned land could impact the entire community since Bozeman is not a large city and that land Is located within close proximity to downtown area. She 09-05-89 .' /. . . -19- noted the intent and integrity of the Agrlculture--Suburban zoned property should be pro- tected . Mrs. Thelma Michael, 63 Hitching Post Road ,encouraged the Commission to follow the recommendation of the Zoning Commission. She stated opposition to Mr. Duffy's appli- cation and encouraged the Commission to continue Its efforts to maintain Bozeman as a de- sirable residential area. She noted there are areas outside the A-S zoned property that would accommodate business of this sort, suggesting that the A-S zoned property should be retained as it was originally created. Mrs. Helen Alberda, 9446 Haggerty Lane, stated she Is not opposed to Mr. Duffy's operation; however, she is opposed to the proposed zone code amendment. She cited an incident when she and her husband were relocating the garage on their lot in town, noting they were required to meet the zoning regulations. She then indicated they were some of the first to build in the Clover Meadows Subdivision. She stated that, while she enjoys watching the helicopters in their present operation, she feels the City must look to the fu- ture. She then encouraged the Commission to protect the integrity of the A-S zoned land and not allow commercial development. Break - 9:00 to 9:05 p.m. Mayor Stiff declared a break from 9:00 p.m. to 9:05 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Ms. Linda Jacobsen, 1418 Robin Lane, stated she and her husband are opposed to this proposed application. She noted that the petition of opposition containing 185 signa- tures included many realtors' names. She also indicated that conversations with several realtors revealed that the property values would be negatively impacted by the proposed use. Mrs. Jacquie Warddrip, 1429 Robin Lane, stated she and her husband have retired in Bozeman after retirement from the armed services. She indicated that she has multiple sclerosis; and they searched for a home to purchase for quite some time before making the purchase at their present location. She noted that they took into consideration the nega- tive aspects as well as the positive aspects of this site, including the interstate and rail- road. Mrs. Warddrip stated she Is pleased that the City does have a master plan; and she is concerned about the firm which has been selected to revise that plan, especially in view of the type of development which has been allowed in the Denver area. 09-05-89 - ~ .. ---------- ..' .'A . -20- Mrs. Warddrip stated she has lived on and near military bases; and she is aware of airplanes and helicopters as they come and go. She stated she feels that they belong at an airport, not in an A-S zoned area just outside city limits. She encouraged the Commis- sion to protect the agricultural and suburban character of the zone and allow no commer- cial development. Mrs. Warddrip then stated the Fort Ellis Volunteer Fire Department does not have the equipment to fight chemical fires. She also noted that the fuel for the helicopters and the solvents used in maintaining the equipment Is dangerous; and she does not feel it is appropriate to allow such items in an Agriculture--Suburban zone, where the property may be in close proximity to a subdivision. She also raised the issue of possible groundwater contamination from such an operation, noting resIdential areas should be protected from that as much as possible. Mrs. Warddrip then encouraged the Commission to allow Bozeman to grow slowly and In an orderly manner, with much thought In the process. She then stated she does not want a limited helicopter service in her back yard, wherever that might be, and en- couraged CommIssion denial. Mr. Verner Albertsen, 1414 Robin Lane, questioned why Bozeman needs the pro- posed zone code amendment, noting that it would benefIt one business. He stated he is very much opposed to the proposed amendment, which would allow commercial activities in an Agrlculture--Suburban zone. He noted that most of the undeveloped A-S zoned land Is located near subdivisions; and he feels those properties should be saved for future res- Idential development as the City grows. He also noted that planning will help to ensure the character of the community for future generations. Mr. Albertsen noted that the condItional use process has been established to ensure that the proposed use will meet certain criterIa and steps will be taken to mitigate any ad- verse impacts on abutting properties. He also noted the use is to be in compliance with the Bozeman Area Master Plan. He then questioned how the existing commercial building could be constructed without any zone change, suggesting it is in violation. Mr. Albertsen then asked for permission to address questions to Mr. Craft. The Mayor asked that the questions be submitted to him for review, noting he would then di- rect those questions to Mr. Craft if appropriate. Following review of the written questions, Mayor Stiff responded that Mr. Craft has submitted his letter of resignation from the City-County Planning Board; therefore, the questions are not pertinent at this time. Mr. Albertsen stated that approval of this amendment would allow commercial devel- opment In the A-S zone; and he noted that would have a detrimental effect on the neighborhoods, the homes and the people living In the area. He then encouraged denial of 09-05-89 ..- . . . -21- the application. Mr. Gary Reinhard, 1422 Robin Lane, stated he purchased his property in the Clo- ver Meadows Subdivision in 1981 and planted four large trees in 1982. He indicated those trees have grown six inches a year, noting it would take a long time to grow a hedge or other vegetative barrier that would screen the impacts of a helicopter service. He stated he feels this type of operation belongs at the airport and encouraged denial. Mr. Chuck Michael, 63 Hitching Post Road, stated he is opposed to the proposal. He stated that a discussion with members of the Air National Guard revealed that they do as much as possible to soften the noise impacts; and they still receive numerous complaints from people living near the exercise areas. He stated he does not feel that the noise gen- erated by five helicopters could be adequately addressed. Mr. Michael then questioned how much control the City would have over the activ- ities involved. He noted that Great Falls has grand fathered a use of this type; however, Missoula, Helena and Butte have denied allowing this type of activity near their commu- nities. He stated the entire community is surrounded by A-S zoned property; and allow- ing this type of activity in that zone would make all of that property vulnerable. Mr. Charles Seel, 1333 Bluebird Lane, stated he is a consulting geologist. He not- ed that public health and safety issues must be addressed, including possible seeping of oil, gas and pesticides into adjacent water wells. Ms. Barbara Seesee, 910 Bald Eagle, stated she is opposed to the proposed zone code amendment. Mr. Dick Cannon, 9422 Haggerty Lane, stated he lives in Clover Meadows Subdivi- sion and has substantial exposure to the current helicopter landing site. He expressed concern that to approve this amendment and allow relocation of the business could establish a bad precedent in the county. Mr. Chris Manos, 1424 Bluebird Lane, stated he is a practicing attorney. He stat- ed several of the neighbors have approached him in the past few months about this pro- posed amendment. He noted the issue of convenience versus good planning should be ad- dressed. Mr. Manos stated that residents of the Clover Meadows Subdivision have submit- ted their protests because they are the ones who would be Immediately impacted by ap- proval of the amendment. He suggested that had another area faced a similar situation, residents of that area would have been present also. Mr. Manos stated he does not oppose the applicant or his business; however, he is opposed to the proposed amendment. Mr. Manos noted that an advertisement was published in today's edition of the Bozeman Daily Chronicle concerning strategies for a growing community and land use plan- ning for the future; and that advertisement contains Roger Craft's name. He then indicated appreciation for Mr. Craft resigning from his position on the City-County Plan- 09-05-89 ~ ~-~.~"._~ ~ , 11 tJ , . -2- ~ Acknowledge receipt of petition for garbage collection - New Hyalite Subdivision City Manager Wysocki stated that the City has received a petition from residents of the New Hyalite Subdivision requesting that the City take over the garbage collection op- eration in that subdivision. He then recommended that the Commission acknowledge receipt of the petition and refer it to staff for review and a recommendation to be submitted at a later date. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission acknowledge receipt of the petition for garbage collection as submitted by residents of the New Hyalite Subdivision, and refer the petition to staff for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Mr. Phillip LaRoe, 1332 Cherry Drive, stated that during circulation of this peti- tion, a number of people expressed concern that no action has been taken on the petition they had filed two years ago. He stated that this petition contains signatures represent- ing 133 of the 185 houses in that subdivision, or 72 percent. He stated that at least 50 percent of the homes on all streets are represented on the petition, except for Maple Street, which has four houses. Mr. LaRoe stated the catalyst for circulating this petition was Waste Management i::6 Jo Partners' decision ~ suspend garbage collection for one week for those customers whose garbage was to be collected on July 4. He stated that verbal communications from employ- ees of Waste Management were varied as customers called in about the failure to pick up garbage, ranging from a pick-up the next day, to a pick-up on the regular day the next week, to collection later that week at an extra cost to the customer. He also indicated that some of the responses were rude, some bordering on profanity. He noted that, be- cause of the number of calls received, Waste Management did pick up garbage later in the week. Mr. LaRoe stated that some residents of the area independently called the City also; and most if not all of those calls were routed to the City Attorney. He noted that, upon the suggestion of the City Attorney, he spearheaded circulation of the petition which has been submitted to the Commission. Mr. Phillip LaRoe then referred to the map attached to the petition, which graph- ically reflects the houses in the subdivision and those from which signatures were ob- tained. He stated that the door-to-door circulation included two contacts to each home in an attempt to reach everyone. He indicated that 37 people were not reached in the effort. Fifteen people declined to sign the petition, two have no complaints about the current sys- tem, three indicated they did not care who picked up their garbage, two stated they pre- 09-05-89 -, ~ --- - --- - .~ - ~ n I r I -4- Clerk of the Commission Sullivan responded that the existing vacancies could be ad- vertised, with a closing date of September 20; and the Commission could make appointments at their September 25 meeting. Commissioner Martel reminded the Commission of last week's discussion on this item, and the need to wait until after the ordinance has been adopted. City Attorney Becker stated that discussion applies to the tenth member only. He noted that the Commission may fill existing vacancies on the Board at this time without creating any problems for the process. He then asked if the Commission plans to ask for letters of resignation from all Board members before the revised Board is created. Commissioner Goehrung suggested that the City ask for letters of resignation from its existing members, reappointing those it wishes to the new Board. He then suggested that the City write a letter to the County, making them aware of the process which the City is following. He noted the anticipated timeline for appointments could be included in that letter as well. Mayor Stiff stated that a conversation with County Commissioner Dave Pruitt re- vealed that they are as concerned about the process for establishing the revised Board as the City is. Mayor Stiff then asked if the Commission wishes to accept the timellne for expansion of the City-County Planning Board as submitted by the City Attorney, and whether the Commission wishes to advertise for the vacancies on the existing Board. City Manager Wysocki asked if the Commission wishes to review the Interlocal Agreement at this meeting or defer it for a period of one week. He noted the proposed timeline allows for review either week; and to defer it until next week will not slow the process. The Commissioners concurred it wishes to accept the proposed timellne and adver- tise the existing vacancies; however, they requested that discussion of the Interlocal Agreement be deferred for one week since they received it at the beginning of the meeting and have not had time to review it. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission accept the tlmellne for expansion of the City-County Planning Board, as prepared by the City Attorney; and authorize and direct the Clerk of the Commission to advertise for openings on the present City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull. Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the advertisement for openings include a statement that the City is accepting applications 09-05-89 'j"t :-r . -6- Commissioner Martel stated he has no problem encouraging protection of the view- sheds. He noted, however, that State law governs much of what can be done with State forest lands; and he feels It would be presumptuous of the City to tell the State how it should manage its properties. He noted the multiple use management plan applies to all State lands; therefore, there must be a balancing of the resources and protection of those resources for the long-term future. He stated this does not include a prohibition against logging, which is the issue that has surfaced. The Commissioner stated he likes the beauty around Bozeman and wants to encourage and protect it; however it is necessary to balance the various issues involved. Commissioner Goehrung stated he tried to address some of the issues he had heard in his draft letter. He stated there Is community interest for protecting the aesthetics in the area. He suggested that making the City's position known to the State has the poten- tial of impacting their practices throughout the State; and he feels that is important. Mayor Stiff stated he feels both the State and the federal government would appre- ciate an opportunity to provide the City with input before the City tries to establish its position. He stated that the information submitted by Mr. Ross MacPherson was very helpful, noting he was impressed by the depth and magnitude of the items addressed by the Forest Service in its plan. He noted that with the information submitted at last week's meeting, it seems the State policy has been established In a similar manner. The Mayor then stated that a conversation with a landscape architect revealed that any policy which completely eliminates logging or allows logging of only damaged merchan- dise would be narrow-sighted, since the growing crop should be addressed as well. He also expressed concern about the Implications that endorsement of a viewshed management policy may have on the City's watersheds, including Hyalite Lake and Mystic Lake. He suggested it may be in the City's best Interests to pass along its concerns, and then ask for State and federal input before making a position statement. Mayor Stiff then asked if sending a letter of support for viewshed management to the Commissioner of State Lands by mid-September is moving too fast and possibly elim- inating the possibility of good timber management in the future. He stated the area under consideration at this time is on Iy 5,000 acres; however, that is a sample of the City's viewshed and could establish a precedent. Commissioner Vant Hull stated the draft letters do not suggest that no logging be allowed, but that selective and less harmful logging practices be used. Commissioner Hawks stated the tone of his suggested letter is to encourage the State Lands Board to consider a public conservation easement as a way of controlling or protecting the vlewshed. He further noted the letter would also suggest that low-impact logging, possibly through the use of horses, be used instead of vehicles when logging is 09-05-89 '~ 1'1 .. -8- easements from private owners; and government agencies do not sell the values of public lands to private entities. Mr. MacPherson suggested the City could meet its objectives by entering into agreements with the State and the U. S. Forest Service to protect the City's interests; and he feels that would be a better approach to the issue. Mr. MacPherson then stated that on September 19, the decision will be made on the timber sale on Mount Ellis, noting this sale has been in the planning stages for three to five years. He further reminded the Commission that this involves timber sales on 85 acres, which Is 1 to 2 percent of the State lands in the area. He also stated that this timber sale is consistent with the letter which has been drafted by the Commission. He also noted this is not a clear cut, rather 25 percent of the trees are to remain to generate new trees and mitigate visual impacts. Mayor Stiff expressed concern that the draft letter refers to the Eagle Rock Re- serve, since that is a private enterprise. Commissioner Vant Hull suggested that refer- ence be changed to Bozeman Viewshed Council; and the Commissioners concurred. Mayor Stiff then requested this Item be placed on the agenda following the public hearings for further consideration. Appointment to CDBG Loan Review Committee (1) City Manager Wysocki submitted to the Commission a memo from the Clerk of the Commission listing the applications received for this vacancy. Mayor Stiff asked the Clerk of the Commission to briefly review the memo and the issue raised. Clerk of the Commission Sullivan reminded the Commission that the structure of the Community Development Block Grant Loan Review Committee was recently revised to include a position for a low- and moderate-income representative. She noted that the former es- tablished process was to have the Committee submit a recommendation to the Commission for filling of any vacancies which might occur. She stated that under the most recent action, that process was not specifically spelled out; and she needs direction on whether to submit these applications to the Committee for review and a recommendation to be submitted back to the Commission. Commissioner Vant Hull noted that in most cases, the Commission does not ask a committee for recommendations for its membership. She then stated she feels the Commis- sion should follow that same process in filling vacancies on this committee. She suggested that to allow the committee to make a recommendation on its own membership could possibly lead to an "incestuous relationship". Commissioner Goehrung asked if the position is to be filled by a low- or moder- ate-income individual or whether it is to be filled by a representative of low- and moder- 09-05-89 ,~~ '()" . . -10- Absence of Commissioner Vant Hull from meeting of September 11, 1989 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize the absence of Commissioner Vant Hull from the meeting of Sep- tember 11, 1989, in compliance with Section 7-3-4322(2), M.C.A. Discussion - FY I Items City Manager Wysocki presented to the Commission the following IlFor Your Informa- tion II items. (1 ) Copy of an article from the August 31 issue of the Great Falls Tribune con- cerning the proposed interchanges for that community. (2) A letter from the County CommissIon concerning the action they took on com- position of the revised City-County PlannIng Board. (3) Copy of a letter from the Department of Commerce to the Gallatin Develop- ment Corporation indicating that Bozeman has achieved recertification under the Certified Communities Program. (4) A letter from the architectural students announcing a meeting to be held on Tuesday, September 12, concerning the old Milwaukee Railroad Depot on East Main Street. (5) Notice of the Governmental Affairs Committee meeting to be held on Thurs- day, September 7, at 7:30 a.m. at the GranTree Inn. (6) Commissioner Vant Hull noted that a two-part article on planning and open space in the New Yorker magazine has been laid in front of the Commissioners' mailboxes. She noted this is an excellent article and encouraged the Commissioners to read it. She then suggested a routing slip be placed on the articles, including the Planning Depart- ment. (7) The City Manager noted he has placed some articles on the flies with routing slips for Commission circulation and encouraged the Commissioners to review those items. (8) Mayor Stiff noted the construction taking place at Big Sky and encouraged the Commissioners to take a drive and view it. (9) The City Manager submitted his report, as follows. (1) Bozeman representa- tives met with Dennis Shea, new Highway Commissioner, In Butte last week. He noted the Commissioner encouraged them not to give up on the prospects of a new interchange, not- ing he has been talking to the Highway Department staff as well as other Commissioners. (2) Improvements to the intersection of North 7th Avenue and Durston Road are progress- ing, with overhead lines yet to be moved. (3) Review of the planning and zoning docu- ments, as prepared by the consultants, Is beginning for many of those involved in those processes. He noted that the meetings to be held this week may help to explain the con- tents of those documents. (4) The auditors will be arriving next week. (5) Teams of in- 09-05-89 ~ 'i -12- add "limited helicopter landing and storage facilities" to the list of conditional uses in the A-S, Agriculture--Suburban, zone. Mayor Stiff opened the public hearing. He reminded those present that this appli- cation is for a zone code amendment, which affects all Agriculture--Suburban properties. He cautioned, therefore, that all testimony should be generic and pertain to any A-S zoned property, not site specific. He noted that if this amendment is approved, then a specific application must go through the conditional use process; and that would be the appropriate time to address a specific site. City Manager Wysocki stated that several letters and telephone calls have been re- ceived, both in support of and in opposition to this application. He then read those items into the record, as follows. Letters and telephone calls of support were submitted by Larry and Debbie King, 871 Bozeman Trail Road; June and Melvin Anderson, 3880 Sawmill Road; Molly Cypher, 1805 Kenyon Drive; Helen Dahl, 2208 Arrowleaf Hills Drive; Pat Milledge, 907 Alpine Way; Dennis Dockham, Hidden Valley Mobile Home Court; Monte and Rosie Nystrom, 3660 East Bozeman Trail Road; Tom and Deanna Harris; Jerry Cypher, 1805 Kenyon Drive; Joan Kaufman, 805 Bozeman Trail Road; Joe Wagner, 3641 Bozeman Trail Road; Theresa and Robert Webber, 901 Bald Eagle Drive; Penny Lindsey, 3770 Sawmill Road; Frank and Lauretta King, 823 Canyon View Road; and a letter signed by eight people. Letters and telephone calls in opposition were submitted by Jacquie Warddrip, 1429 Robin Lane; Pete and Helen Alberda, 9446 Haggerty Lane; Gary and Betty Reinhard, 1422 Robin Lane; Verner Albertsen, 1414 Robin Lane; Saidy Albertsen, 1414 Robin Lane; Barbara Seesee, 910 Bald Eagle Drive; T.R. McCrory, 605 Minnesota Avenue, Belgrade; Mike and Janice Reilly, 1421 Robin Lane; and Mr. and Mrs. Donald Osen, 1520 Bluebird Lane. The City Manager further noted that copies of a portion of the State statutes and two maps were placed before the Commissioners .just prior to the meeting; Mrs. Saidy Albertsen stated she had placed them there. Planner Tom Sheely presented the staff report. He stated that the Planning office has received a petition of support for this application, containing thirteen signatures, as well as one telephone call in support. He also Indicated that the Planning office has re- ceived a petition containing 185 signatures in opposition to this application, indicating they feel this proposal is in direct conflict with present and potential land uses in the area. Planner Sheely stated that this application for a zone code amendment, as submitted by Mark Duffy, would amend the zone code to add "limited helicopter storage and landing facllities" to the list of conditional uses In the Agriculture--Suburban District. He stated that, in addition to adding this item to the list of conditional uses, five criteria would be added to the zoning regulations for review of this type of use, as follows: 09-05-89 .....' ," . -14- in the proposed relocation. He indicated that a building has been constructed on Mr. Duffy's property to house this operation; however, if this application is denied, it will be used as an agricultural building. Mr. Craft noted the Planning staff's report and Zoning Commission discussion ad- dress noise, property values, safety and the proper procedure for this type of use. He stated that he feels many of the statements In the report and during the Zoning Commis- sion meeting were made without any basis of evidence from which to draw their con- c1usions. He then asked the Commission to listen to the facts, and to base their decision on the facts rather than on the recommendations which have been submitted by the Plan- ning staff and Zoning Commission. Mr. Craft reminded the Commission that if this zone code amendment Is approved, the applicant must still go through the conditional use process. He noted that the intent of conditional use permits is to provide alternatives to specific permitted development, so varied uses can be accommodated. He stated that different guidelines and limits are used for the different districts to ensure compatibility. Mr. Craft stated that the FAA has published a circular on helicopter services; and it contains numerous terms for different types of operations, briefly reviewing the defini- tion of "private use helicopters". He noted that under this definition, the final approach and take-off area cannot be over residential buildings; and there are several areas in the A-S zone where this could be accomplished. Mr. Craft then revjewed the twelve criteria to be addressed for a zone code amend- ment, responding to the staff findings. He stated that the proposed use would ensure that the existing 35-acre parcel would not be divided into smaller parcels for future devel- opment, noting this would ensure that the Intent of the A-S district is maintained. He noted this will also avoid potential traffic impacts on the roadway system in the area. Mr. Craft stated the only criteria that the FAA considers when reviewing a proposed helicopter service is Its Impact on the air space for Gallatin Field. He noted, however, that the licensing and safety considerations are numerous; and the City.s adoption of the various building and fire codes ensures that those issues must be met as well. Mr. Craft stated that the issue of noise impacts is one which should be addressed through strict performance criteria. He indicated that an engineering firm has conducted tests on the noise levels, through placement of decibel meters at four places along the current flight pattern as well as the proposed flight pattern; then distributed a copy of those results to the Commissioners. He noted that the noise levels in the proposed flight pattern never reach the maximum allowed for residential development. Mr. Roger Craft stated that the character of the A-S district is to discourage any 09-05-89 , '. ..' .) 4 -16- Initially pursued an overlay district for limited helicopter service; however, the Planning Director suggested the amendment process instead. Planning Director Andy Epple stated the issue of an overlay district was briefly discussed after the applicant withdrew his initial application. He noted concern that, even if the issue were presented in a generic framework, it could be construed as spot zoning for that particular area. He then responded to some of the Commissioners' questions which had been raised, noting that he is not sure how heliports would fit into the zone code if this application were approved. He then noted that the conditional use permit approved a few years ago for a fixed wing aircraft was strictly for private use, while this application is for a business. Mrs. Linda King, 871 Bozeman Trail Road, noted they have lived at that location for seven years. She stated their property values have not decreased because of the ex- isting helicopter operation, noting they recently refinanced their home. She then noted support for this application. Mrs. Joan Kaufman, 805 Bozeman Trail Road, stated they have lived at that location for two years. She noted that the existing helicopter operation has not caused any con- cern for their property values or their safety; and it. is interesting to watch. She stated that they spend a substantial amount of time in preparing and checking their equipment; and they take off and land in a safe manner. She then stated that when she moved to that location, she noticed the trucks, the helicopters and the dogs; and she still notices the trucks and the dogs. At Mayor Stiff's request, Planning Director Epple reminded those present that this is a zone code amendment and, therefore, does not pertain to any specific location within the A-S zone. Mrs. Ruth Vance, 731 Bozeman Trail Road, stated she has lived next door to the existing helicopter service for nine years. She noted they are interesting to watch; and they do not disturb her when landing or taking off. She further noted that Duffy's do community service with their helicopters. Mrs. Vance stated when they moved to that lo- cation, there was no development; and there is quite a bit now. She noted that she would prefer the helicopter service next to her rather than development and encouraged approval of the application. Mrs. Penny Lindsey, 3770 Sawmill Road, stated she is a registered nurse, noting that helicopters can be an important part of the life-saving process. She noted that, al- though they do not operate ambulances, Duffy's are willing to assist whenever needed. She stated they are an asset to the community and encouraged support of the application. Mr. Joe Wagner, 3641 Bozeman Trail Road, stated he is a licensed pilot. He then stated support for the application, noting there may be others who would like to take ad- 09-05-89 -- --~ - ~_._,- -----~------- ------, ..- . . . -18- /./----- solvents used for cleaning parts, as well as paints. He then expressed concern that the building was constructed first; and now this application is before the Commission. Mr. Shaw stated there is strong residential opposition to this appl ication and encouraged Com- mission denial. Mrs. Jeanie Baker, 1416 Bluebird Lane, stated she and her husband are opposed to this proposed use in any A-S zone. Mrs. Saidy Albertsen, 1414 Robin Lane, stated that in the new proposed master plan, heliports are listed in the M-l and M-2 zones. She noted that applications such as this demonstrates the need for long-term planning in the Bozeman area. She stated that 10 Missoula and Helena does not allow helicopter landing areas outside the public airports and questioned why Bozeman should. Mrs. Albertsen addressed the current business, noting it has been a family busi- ness for more than twenty years. She noted the two sons are now involved; and one of those sons has two sons who may become Involved. She suggested the existing business could continue for another forty years; and she noted probably much of that area will be developed in a residential manner by that time. She noted it is nice to have one's busi- ness so close to the house; however, she questioned the necessity of it. Mrs. Albertsen stated she reviewed the staff report; and she feels It was well done. She noted the applicant's representative has estimated an average of 9 trips for one helicopter per month, with the other two flying in on a limited basis. She stated that she did a random sampling of the take-offs between July 24 and August 7; and she counted 29 take-offs. She noted the staff report suggested a 3/8-mile buffer from residential devel- opment, stating that amount of space cannot be provided on a 35-acre parcel. Mrs. Albertsen stated that relocation of the business would increase traffic through the Clover Meadows Subdivision; and Canary Lane is closed for several months during the winter. She also expressed concern about the noise from the helicopters taking off and landing. She noted they fly at very low elevations, sometimes flying over her house. She stated the present flight pattern is along the back of the subdivision; however, there are hundreds of acres of vacant property belonging to the Hospital to the west. She suggest- ed the helicopters could fly to the south and avoid existing homes and power lines. Mrs. Albertsen stated that the Clover Meadows Subdivision was developed by three people, one being her husband and another being Mr. Murray Duffy. She stated that she and her husband feel they have a moral obligation to protect the property in the subdivi- sion and to ensure that the property values are not lowered. Mrs. Albertsen encouraged denial of this application. She noted that to allow heli- copter facilities on the A-S zoned land could impact the entire community since Bozeman is not a large city and that land Is located within close proximity to downtown area. She 09-05-89 ..' .'A . -20- Mrs. Warddrip stated she has lived on and near military bases; and she is aware of airplanes and helicopters as they come and go. She stated she feels that they belong at an airport, not in an A-S zoned area just outside city limits. She encouraged the Commis- sion to protect the agricultural and suburban character of the zone and allow no commer- cial development. Mrs. Warddrip then stated the Fort Ellis Volunteer Fire Department does not have the equipment to fight chemical fires. She also noted that the fuel for the helicopters and the solvents used in maintaining the equipment Is dangerous; and she does not feel it is appropriate to allow such items in an Agriculture--Suburban zone, where the property may be in close proximity to a subdivision. She also raised the issue of possible groundwater contamination from such an operation, noting resIdential areas should be protected from that as much as possible. Mrs. Warddrip then encouraged the Commission to allow Bozeman to grow slowly and In an orderly manner, with much thought In the process. She then stated she does not want a limited helicopter service in her back yard, wherever that might be, and en- couraged CommIssion denial. Mr. Verner Albertsen, 1414 Robin Lane, questioned why Bozeman needs the pro- posed zone code amendment, noting that it would benefIt one business. He stated he is very much opposed to the proposed amendment, which would allow commercial activities in an Agrlculture--Suburban zone. He noted that most of the undeveloped A-S zoned land Is located near subdivisions; and he feels those properties should be saved for future res- Idential development as the City grows. He also noted that planning will help to ensure the character of the community for future generations. Mr. Albertsen noted that the condItional use process has been established to ensure that the proposed use will meet certain criterIa and steps will be taken to mitigate any ad- verse impacts on abutting properties. He also noted the use is to be in compliance with the Bozeman Area Master Plan. He then questioned how the existing commercial building could be constructed without any zone change, suggesting it is in violation. Mr. Albertsen then asked for permission to address questions to Mr. Craft. The Mayor asked that the questions be submitted to him for review, noting he would then di- rect those questions to Mr. Craft if appropriate. Following review of the written questions, Mayor Stiff responded that Mr. Craft has submitted his letter of resignation from the City-County Planning Board; therefore, the questions are not pertinent at this time. Mr. Albertsen stated that approval of this amendment would allow commercial devel- opment In the A-S zone; and he noted that would have a detrimental effect on the neighborhoods, the homes and the people living In the area. He then encouraged denial of 09-05-89 .' . 't ".... & .. -22- ning Board. Mr. Roger Craft briefly addressed some of the comments submitted. He noted that this proposed use is not the same as a heliport, which has been addressed under the revised zone code as drafted by the consultants. He stated the proposed criteria for re- view of a limited helicopter service includes a 3/8-mlle buffer area to help mitigate the noise impacts of take-off and the final phase of approach and landing. Mr. Craft stated that relocation of the existing operation to the proposed site could reduce noise impacts to the area. He stated that houses have been constructed around the existing use in its present location, noting there were three houses in the area when the operation was first started. Mr. Craft then thanked the Commission for publicly noting receipt of his letter of resignation from the City-County Planning Board. Mayor Stiff closed the public hearing. Commissioner Hawks stated he needs additional information concerning noise pol- lution from helicopters; and he would like to research that issue during the upcoming week. He then suggested that the five criteria listed for review of limited helicopter ser- vices may not be sufficient to mitigate Impacts on residential developments within the Ag- riculture--Suburban district. Commissioner Martel expressed concern about some of the conflicting statements in the testimony presented; and he would like an opportunity to discuss those issues with the City Attorney during the upcoming week. Mayor Stiff announced that a decision will be forthcoming at next week's meeting. Break - 9:45 to 9:48 p.m. Mayor Stiff declared a break from 9:45 p.m. to 9:48 p.m., in accordance with Com- mission polley established at their regular meeting of March 14, 1983. This was the time and place set for the public hearing on the Zone Map Change from A-S, Agriculture--Suburban, to RS-l, Residential Suburban Estates, One Acre Mini- mum, requested by Greg Daily on the Remainder Parcel (Life Estate) of Certificate of Sur- vey No. 748A, located In the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject 9. 98-acre tract is more commonly located at the northeast corner of the intersection of Bozeman Trail Road with Canary Lane and Tayabeshockup Road. Mayor Stiff opened the pUblic hearing. 09-05-89 ~.' ..~'n.: ...to". . ~ -24- feet wide; and the County standard is a 24-foot width. He then noted that a portion in the center wi II remain in substandard condition after the required improvements have been completed. Mr. Gustine expressed concern about the Fort Ellis Fire Chief's suggestion that a 15,000 to 18,000 gallon storage tank and a 20-gallon-per-minute pump be required for this proposed subdivision. He noted that 1987 legislation allows fire districts to form a district with authority to establish a mill levy to operate, suggesting this might be a more appro- priate method of paying for such a facility. He indicated that Mr. Daily would be willing to sign a waiver of protest if desired. No one was present to speak in support of or in opposition to the requested zone map change. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Zone Map Change from A-S, Agrlculture--Suburban, to RS-l, Residential Suburban Estates, One Acre Minimum, requested by Greg Daily on the Remainder Parcel (Life Estate) of Certificate of Survey No. 748A, located in the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Cellular, Inc.. of Englewood, Colorado, to allow the construction of a 300-foot high antenna tower and 12-foot by 28-foot accessory building for cellular tele- phone service on the Ei, NEt, NE1, NEt of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 5393 Gooch Hill Road. Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He stated this application would allow construction of a 300-foot high antenna tower and accessory building at 5393 Gooch Hill Road to provide cellular telephone service In the Bozeman area. He indicated two dlf- 09-05-89 .' . 't ".... & .. -22- ning Board. Mr. Roger Craft briefly addressed some of the comments submitted. He noted that this proposed use is not the same as a heliport, which has been addressed under the revised zone code as drafted by the consultants. He stated the proposed criteria for re- view of a limited helicopter service includes a 3/8-mlle buffer area to help mitigate the noise impacts of take-off and the final phase of approach and landing. Mr. Craft stated that relocation of the existing operation to the proposed site could reduce noise impacts to the area. He stated that houses have been constructed around the existing use in its present location, noting there were three houses in the area when the operation was first started. Mr. Craft then thanked the Commission for publicly noting receipt of his letter of resignation from the City-County Planning Board. Mayor Stiff closed the public hearing. Commissioner Hawks stated he needs additional information concerning noise pol- lution from helicopters; and he would like to research that issue during the upcoming week. He then suggested that the five criteria listed for review of limited helicopter ser- vices may not be sufficient to mitigate Impacts on residential developments within the Ag- riculture--Suburban district. Commissioner Martel expressed concern about some of the conflicting statements in the testimony presented; and he would like an opportunity to discuss those issues with the City Attorney during the upcoming week. Mayor Stiff announced that a decision will be forthcoming at next week's meeting. Break - 9:45 to 9:48 p.m. Mayor Stiff declared a break from 9:45 p.m. to 9:48 p.m., in accordance with Com- mission polley established at their regular meeting of March 14, 1983. This was the time and place set for the public hearing on the Zone Map Change from A-S, Agriculture--Suburban, to RS-l, Residential Suburban Estates, One Acre Mini- mum, requested by Greg Daily on the Remainder Parcel (Life Estate) of Certificate of Sur- vey No. 748A, located In the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject 9. 98-acre tract is more commonly located at the northeast corner of the intersection of Bozeman Trail Road with Canary Lane and Tayabeshockup Road. Mayor Stiff opened the pUblic hearing. 09-05-89 .' Ill'" I'. .. , - -23- Planner Debbie Arkell presented the staff report. She stated the subject parcel is 9.98 acres in size; and the applicant proposes to develop a five-lot minor subdivision on that property. She reminded the Commission that the master plan land use designation on this property was recently changed at the applicant's request; and this zone map change is necessary before he may proceed with his desired subdivision. She stated that many of the properties surrounding this site have been divided, several of them through occasional sales. Planner Arkell stated that staff reviewed this application in view of the twelve cri- teria for zone map changes and briefly highlighted those findings. She noted that at max- imum, the property could be divided into nine lots; however, the applicant proposes only five lots. She estimated the average daily trips at 30, which the County Road Supervisor indicates will have a minimal Impact on the road system. He has requested, however, that Canary Lane be improved to County subdivision standards from the intersection of Bozeman Trail Road to the end of the subject property. She then indicated that private sanitary sewage systems will be utilized in the subdivision. like other subdivisions in the immediate area; and this will have no significant impact. The Planner stated that this proposed development is compatible with the residential development which has taken place to the west and north of the subject property. She noted the Fort Ellis Fire Chief has expressed concern about lack of available water to fight fires and has suggested that installation of a 15, OOO-gallon storage tank and pump be required. She suggested this would be more appropriately covered through the subdivi- sion process. Planner Arkell stated this would be the only RS-l zoned property east of Canary Lane; however, there is RS-l property lying west of the road. She then stated that un- der this proposal, the southerly portion of the property would be a five-acre parcel; and the northerly five acres would be divided into four lots. She noted this property has been agricultural land; however, it Is not a viable agricultural use on its own. Planner Arkell stated that after conducting its review, the staff determined that this application does comply with the twelve criteria for zone map changes and recommended approval. Following its public hearing on this application, the Zoning Commission concurred in that recommendation. Mr. Rick Gustine, President of $urvco, stated he is representing the applicant. He then stated concurrence with Planner Arkell's report and indicated he would respond to any questions. Commissioner Hawks asked if the required improvements to Canary Lane will result in having both ends of the roadway improved while the middle remains unimproved. Mr. Gustine responded it does. He stated the current roadway is approximately 21 09-05-89 ~.' ..~'n.: ...to". . ~ -24- feet wide; and the County standard is a 24-foot width. He then noted that a portion in the center wi II remain in substandard condition after the required improvements have been completed. Mr. Gustine expressed concern about the Fort Ellis Fire Chief's suggestion that a 15,000 to 18,000 gallon storage tank and a 20-gallon-per-minute pump be required for this proposed subdivision. He noted that 1987 legislation allows fire districts to form a district with authority to establish a mill levy to operate, suggesting this might be a more appro- priate method of paying for such a facility. He indicated that Mr. Daily would be willing to sign a waiver of protest if desired. No one was present to speak in support of or in opposition to the requested zone map change. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Zone Map Change from A-S, Agrlculture--Suburban, to RS-l, Residential Suburban Estates, One Acre Minimum, requested by Greg Daily on the Remainder Parcel (Life Estate) of Certificate of Survey No. 748A, located in the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Cellular, Inc.. of Englewood, Colorado, to allow the construction of a 300-foot high antenna tower and 12-foot by 28-foot accessory building for cellular tele- phone service on the Ei, NEt, NE1, NEt of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 5393 Gooch Hill Road. Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He stated this application would allow construction of a 300-foot high antenna tower and accessory building at 5393 Gooch Hill Road to provide cellular telephone service In the Bozeman area. He indicated two dlf- 09-05-89 ,iii. ..... '." -25- ferent site plans have been submitted; and the only real difference is the location of the tower on the property. He further noted that two different accesses have been proposed, one through the driveway to Dr. Gustafson's veterinary clinic, and one would be a new access across an existing culvert to the south. He stated that since the public hearing before the Zoning Commission, Dr. Gustafson has indicated that access through the drive- way to his veterinary clinic is not acceptable. Planner Sheely stated staff had some major concerns with the proposal, including the fact that this proposal does not comply with the Master Plan's concern for the U.S. 191 corridor into Bozeman; the fact that the subject site is located in an A-S, Agriculture-- Suburban, district; the height of the tower; and the tower's close proximity to existing residential development. The Planner stated that the Planning staff has recommended de- nial; and following its public hearing, the Zoning Commission unanimously concurred in that recommendation. Neither the applicant nor a representative was present. No one was present to speak in support of the application. In response to a question from Commissioner Martel, Planner Sheely stated this proposed tower is for commercial purposes; therefore, it has been determined that the ap- plication must go through the conditional use process. Mrs. Ellie Traucht, 106 Percival Path, stated her husband is general manager of King Arthur Mobile Home Court. She stated they are opposed to construction of the tower in the subject location, noting it would reduce the property values of the 150 mobile homes located within the park. She noted that U. S. Highway 191 is one of the main corridors into Bozeman, not only for tourists but for local residents as well. She then encouraged Commission denial of this application. Commissioner Vant Hull noted the applicant could move his proposal to the west just a very short distance and be outside the City's zoning jurisdiction. She then asked Mrs. Traucht for her reaction to that possibility; Mrs. Traucht stated her opposition to that possibility as well. Mr. Joe Schwab, 134 Tristram Drive, stated his home is located approximately one- quarter mile south of the proposed site. He stated he has lived at this location for ten years; and it provides the type of rural setting he likes. He indicated the proposed 300-foot tower would be visible from his picture window in the living room; and does not like that idea. He noted that Huffine Lane gives visitors from the southwest their first impression of Bozeman and the Valley; and he feels the tower would constitute an eyesore. He then stated he feels there are more appropriate locations for the tower, suggesting that It should be located away from existing residential development. Mr. Frank Varell, resident of King Arthur Mobile Home Court, stated he and his 09-05-89 ",,' ..."....... . -26- wife own mobile homes at 133 Tristram Drive and 37 Merlin Drive. He stated they have chosen to live in the mobile home park; and they enjoy the view from every window. He noted there is a substantial amount of farmland in the area, especially to the south and the west, where the tower would not be so visible from the highway. He then encouraged Commission denial of this application. Mr. Dick Pohl stated he strongly supports the staff's recommendation for denial. He stated that, as a landscape architect, he does not see any possible way of mitigating a 300-foot tower adjacent to a primary entryway like U. S. Highway 191, suggesting that landscaping would only call attention to it. He indicated he feels a better site should be found for this project. He then stated he recognizes that another site might be located outside the City's zoning jurisdiction; and he stated he hopes that site will be off the highway so the visual impact is minimized. Mr. Pohl then requested denial of the applica- tion. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission disapprove the Conditional Use Permit requested by Cellular, Inc., to allow the construction of a 300-foot high antenna tower and 12-foot by 28-foot accessory building for ceJ/ular telephone service on the Ei, NEi, NEi, NEi of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Continued discussion (continued) - possible letter of support for viewshed management Mayor Stiff stated the Commission has received good input and he feels the bulk of the letter as drafted and submitted at this time is good; however, he does have some spe- cific concerns. He indicated he is not comfortable with the phrase "consider a public con- servation easement" in the third paragraph. The Mayor then stated that a majority of the Commission will make the decision on the letter that is to be sent to the Governor concerning viewshed management; however, he stated that he feels the minority should have the right to submit its written statements as well if this letter is accepted as drafted during the afternoon session. The Mayor noted the fourth paragraph suggests that the viewshed has not been given adequate consideration. He stated he does not feel this is a factor, but feels that 09-05-89 _. ;..' # ::. i -27- the Commission has not sought all of the information. He also expressed concern about supporting selective cutting of diseased and dying timber, noting that is addressing the issue after the fact and is not workable. He further noted it is important to manage the timber while it is growing; and that may Include cutting other than diseased or dying tim- ber. Mayor Stiff then stated that use of horses is one form of low-impact logging; how- ever, there are several others. He suggested that the letter should not limit the State1s alternatives, but they should have the option of selecting whatever method would be best. Commissioner Martel stated he shares many of the Mayor's concerns. He questioned why the letter should be made specific to Mount Ellis rather than addressing the entire viewshed from the Gallatin to the Bridgers. He concurred there are different methods of low-impact logging, suggesting there may be some which cause less damage than horse log- ging. He noted that mitigating land and slope deterioration is an issue which should be considered when logging. The Commissioner stated the taxpayers have paid for the forest management plan which has been developed; and he feels the State should be allowed to use that document. Commissioner Martel then stated he does not support the letter as drafted; and he reserves the right to write a letter submitting his minority position to the Governor. Mayor Stiff noted that the Mount Ellis property represents 2 percent of the State- owned land in the area; and the State controls the manner in which it wi II be operated. He stated the City should be indicating a willingness to cooperate; and he does not feel that is in the letter. Commissioner Hawks stated that, although there Is room for honest disagreement on specific issues, he feels it is important that the Commission send a letter which requests that viewshed protection be considered with a higher level of sensitivity than it has in the past. He then stated he has no problem modifying the letter, including a change to refer to low-impact logging and eliminating reference to horse logging. He noted that he feels It is Important that the Commission try to reach agreement on a letter which can be endorsed by all Commissioners, rather than sending a majority report and a minority report to the Governor. Mayor Stiff stated he feels he must support what is right for the entire community, not just one group. He then expressed concern that the Commission does not have much Information on the Bozeman Viewshed Councilor how it proposes to protect the viewshed. Commissioner Martel stated the federal government, which owns substantially more land than the City and the State combined, has not been involved in this process. Commissioner Hawks stated the Bozeman Viewshed Council plans to try to influence the entire viewshed in the area; and this is their first effort in doing so. He noted that 09-05-89 VI' ~~ ..:0. -28- the Counci I has held public meetings; and many people from the community have attended. Commissioner Vant Hull stated she does not believe that clear cuts of up to 40 acres, as provided in the State's plan for Bear Canyon, should be allowed. She noted that a majority of the people in the community are concerned about the natural amenities and protection of the viewshed; and she feels that message should be sent to Helena. City Manager Wysocki suggested that the third paragraph of the letter be revised to eliminate reference to a public conservation easement and instead encourage a higher degree of consideration for Bozeman's vlewshed. Mayor Stiff once again expressed concern about managing timber only after it is dead or dying; and he will insist on allowing more management than that to ensure more beneficial control and use of this resource. The Mayor then stated that if reference to a public conservation easement is elim- inated, if reference to horse logging is deleted, if after-the-fact management is eliminated, and if some of the sentences are toned down, he feels he could possibly support the let- ter. Commissioner Goehrung stated that in 1983, when the management plan was devel- oped, many of tOday's concerns had not yet been raised. He then noted that the timber industries are now in transition; and he feels that the Commission should make its con- cerns and position known so they can be considered when decisions are made. The Com- missioner then observed that the State wi" not give local entities everything they ask for; however, the decision will be made on some middle ground. He then noted that a letter from the local government will lend an element of credibility to the process, which indi- vidual letters from Commissioners may not. Commissioner Martel stated he does not feel the City is in a position to bargain; rather the State "holds all the cards". City Manager Wysocki noted that when this issue was first raised, Mr. Rich Morse and Mr. Rick Meese showed pictures of the Mount Ellis area, stating they want the view- shed to remain the way it is. He cautioned the Commission that the City's need to develop water sources In forested areas, as well as maintain those resources for the City.s Water Fund, must be ensured when considering endorsement of a request such as this. The City Manager then reminded the Commission that the City hired a consultant, at a cost of $25,000, to review the City's watershed and submit a proposal for harvesting of timber in that area. He noted that the City must retain its ability to act upon that recommendation when it so chooses. The Commission then proceeded with revision of the letter as drafted. Those changes included changing reference to a public conservation easement to encouraging a higher level of consideration for the viewshed; the reference to timber cutting was 09-05-89 ,.. . :'"'f.::.:~--4, " ""_ ...~ --l)J , -29- changed to refer to selective cutting I including the removal of diseased or dying timber and excess fuel build-up; and reference to horse logging was removed, leaving reference to low-impact logging. Commissioner Martel stated he has a basic problem with the third paragraph of the letter, stating he is not in full agreement with the Bozeman Viewshed Council's objectives and ideas; therefore, he cannot support the letter as revised. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission authorize and direct the Mayor to sign the letter to Governor Stephens concerning viewshed management, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Adjournment - 11 :10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Sti ff; those voting No, none. (),9 -05.."39.