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HomeMy WebLinkAbout1988-03-07 114 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 7, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 7, 1988, at 2:00 p.m. Present were Mayor Sti ff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, I 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 items listed under Consent Items be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeti ng of February 29, 1988 be approved as amended. 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. Award bids - five vehicles for various departments (C I P) City Manager Wysocki submitted to the Commission a memo from Purchasing Agent Pat Boyd, dated March 4, 1988 recommending award of the bids be made as fo 1I0ws: Schedule I, in the amount of $11,113.99; Schedule II, in the amount of $11,608.50; and Schedule IV, in the amount of $12,403.55, to Don Norem Chevrolet-Buick; and Schedule III, in the amount of $14,747; and Schedule V, in the amount of $14,992, to Bozeman Ford. The City Manager indi- cated that each of these bids is the lowest and best received for that schedule and concurred in the recommendations for award as listed. He reminded the Commissioners that monies for these vehicles have been appropriated through the Capital Improvement Program. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the ve- I hicle bids be awarded as follows: Schedule I, 1988 4-wheel drive economy pickup for the Water/Sewer Department, to Don Norem Chevrolet-Buick, Bozeman, Montana, in the bid amount of $11,113.99; Schedule II, 1988 4-wheel drive vehicle for the Waste Water Treatment Plant, to Don Norem Chevrolet-Buick, Bozeman, Montana, in the amount of $11,608.50; Schedule III, 1988 4-wheel drive 1-ton truck for the Park Department, to Bozeman Ford, Bozeman, Montana, in the bid amount of $14,747; Schedule IV, 1988 minimum 8600-pound GVW rated truck for the Sanita- tion Department, to Don Norem Chevrolet- Buick, Bozeman, Montana, in the bid amount of $12,403.55; and Schedule V, 1988 1-ton truck for the Sewer Department, to Bozeman Ford, Boze- man, Montana, in the bid amount of $14,992; all of those being the lowest and best bids re- ceived. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. garba e collection service - residents of Halite Subdivision City Manager Wysocki submit ted to the Commission petitions signed by residents of the New Hyalite View Subdivision as well as the Valley Unit Subdivision requesting that the City pro- vide its garbage collection service to those areas. He recommended that the Commission acknow- ledge receipt of these petitions and refer them to staff for review and a recommendation. The City Manager reminded the Commissioners that in the past, one of the items restricting the pro- I vision of garbage collection service to so~ of the subdivisions has been the number of trucks and crews available. He indicated that to provide an expanded garbage collection service, it must be the result of a conscious decision on the part of the Commission. Mayor Stiff asked if the garbage collection service could be expanded without resulting in an additional capital purchase. The City Manager indicated the City currently has two baCk-Up trucks; and one of those could possibly be utilized with the hiring of additional part-time personnel. He suggested one alternative may be to structure the routes so that one truck would do front yard pickups, with 03-07-88 115 two men operating the truck rather than the usual three-man format. Commissioner Goehrung noted there are other residential areas without City garbage col- lection and asked if the City should consider them as well or if it should wait for a petition to be submitted. City Manager Wysocki reminded the Commissioners that the residential areas not served by the City are being served by a private hauler; and he feels that the residents should submit a I petition to begin the process. He then noted that two other residential areas currently without City service are the Marwyn Addition and the Westridge Subdivision. Commissioner Vant Hull noted that she had written a memo on this item when it surfaced a few years ago. She indicated that she will redistribute that memo to the Commissioners for their consideration. Commissioner Martel stated that several residents of the Westridge Subdivision have ex- pressed thei r interest in obtaining City garbage collection service. City Manager Wysocki stated these petitions are dated in August 1987; however, he held distribution of them to avoid this becoming a campaign issue. He noted that subsequently, the private hauler and the City had a dispute; and he felt the time was inappropriate. In response to a question from Commissioner Vant Hull, the City Manager indicated that the private hauler has not yet paid his December 1987 landfill bi II. Commissioner Hawks asked how this type of request is usually processed. The City Manager indicated that the garbage collection area has not been expanded for several years; and the staff must review the process to be followed. He noted that the basis of assessment for each structure involved must be established so the assessment rolls can be up- dated. City Attorney Becker stated that two sections of law address the expansion of garbage collection areas. He indicated that after initial review, it appears the City may take over gar- bage collection service if an area has been annexed for five or more years; and both of the sub- ject subdivisions have been. I Commissioner Goehrung noted that the names on the petitions are sometimes difficult to decipher and suggested that in the future, the printed name be requested in addition to the sig- nature and address. He indicated a telephone number would be helpful but not as necessary as the other items. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission acknowledge receipt of the petitions for City garbage collection service from residents of New Hyalite View Subdivision and Valley Unit Subdivision, and refer those petitions to staff for review and a recommendation to be submitted back to the Commission. 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. desi nation of City Manager Wysocki presented to the Commission a letter from Michele Letendre and Daria Joyner, Bozeman Area Chamber of Commerce, requesting the designation of April 25 through May 2, 1988 as "Trash to Treasures" week. He noted the Chamber is coordinating a spring clean-up for the community once again and has requested that the City participate in the same manner as last year. He stated that City participation includes providing trash bags for those cleaning City properties, pickup of the filled bags and assigning of the various groups to speci tic locations. He then recommended that the Commission designate "Trash to Treasures" week, designate April 23 and 30 as free dump days at the landfill for all private residents, and I earmark the monies received from the recycl ing efforts for improvement of the East Gallatin Rec- reation Area. Mayor Stiff asked if the group has approached the County for matching funds and wheth- er additional monies wi" be needed for improvement of the recreation area. The City Manager indicated the group will submit its presentation to the County Commis- sion tomorrow. He then noted that Phase I of the project is estimated to cost $20,000 to $25,000. He stated any monies remaining after that phase is completed wi II be used in the next phase. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the week 03-07-88 116 of April 25 through May 2, 1988 be designated as IITrash to Treasuresll week; that Saturday, April 23, and Saturday, April 30, 1988, be designated as free dump days at the City landfi II for private individuals only; and that the monies received from the recycling efforts be earmarked for improvement of the East Gallatin Recreation Area. 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. - intent to create SID No. 653 - pavin , curb and utter, and I City Manager Wysocki presented Commission Resolution No. 2690, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2690 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 653 FOR THE PURPOSE OF AC- COMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. The City Manager stated this special improvement district is estimated to cost $211,000. He noted that, although the street will border East Graf Park, the City will not participate in that portion of the costs. He stated, however, that the City wi II be responsible for approxi- mately $26,000 of the project because that is the difference in costs between a local street standard and the arterial street standard to which this street is to be constructed. The City Manager then recommended that the Commission adopt this resolution and set the public hearing date for April 4, 1988. Commissioner Vant Hull asked if this requested special improvement district fits with the City's policy. City Manager Wysocki indicated that the water, sewer and streets within the Spring Meadows Subdivision are to be installed through private financing. He noted only this arterial I street is to be constructed through a special improvement district; and that does meet the City's pol icy. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Commission Resolution No. 2690, stating the City's intention to create Special Improvement District No. 653, and set the public hearing date for April 4, 1988. 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 vot- ing No, none. Report re Highway Commission meeting held in Kalispell on March 3, 1988 City Manager Wysocki stated that Mayor Stiff had requested this item be placed on the agenda. Mayor St iff noted that several persons, including Commissioner Martel, himself, City Manager Wysocki, Planning Director Epple, Director of Public Service Holmes, County Commis- sioner Wilbur Visser and Representative Norm Wallin, attended the Highway Commission meeting held in Kalispell on March 3, 1988, to present the proposal for the North 19th Avenue inter- change. City Manager Wysocki noted that after the three proposals were presented to the Highway Commission, that body supported the staff's recommendation to designate the Shiloh interchange at Bi IIings as the top priority. The City Manager stated that the Highway Commission encour- aged the Bozeman contingent to pursue this item, noting that they were pleased with the prog- I ress that has been made. He indicated that the Highway Commission encouraged those present to work with the Highway Department staff on moving forward through the process, noting that two projects currently ranked ahead of the Bozeman project do not seem to be moving as rapidly as anticipated. The City Manager noted that the City received a letter late on Wednesday afternoon of- fering a donation of up to 25 acres for this project; and he would like authorization to work with the State in determining a possible site location, after which a certificate of survey could be 03-07-88 117 prepared for any of the property donation that could be utilized. He noted that additional con- tributions could also be sought after the location has been established. The City Manager stated that the City must act quickly on any acceptance of the gift, noting it is not fair to those of- fering the land to not make a decision for an extended period of time. Mayor Stiff noted the biggest frustration during the Highway Commission meeting was the time constraints. He noted the City received the letter at 4:00 p.m. on Wednesday and had no I opportunity to give the Highway Department staff any advance notice of the gift. He stated that it was apparent that the Bi !lings representation was more prepared to proceed with the Shiloh interchange than the Bozeman representation was. Commissioner Vant Hull noted the Shiloh interchange is estimated to cost $4.5 million and asked how much the North 19th Avenue interchange will cost. The City Manager indicated that rough estimates at this ti me range from $3.2 to $3.5 million. Commissioner Martel suggested that representatives from Bozeman attend next month's meet- i ng of the Highway Commission to ensure that they remember this project. Planning Director Epple suggested that a follow-up letter to the Highway Commissioners wi II help to remind then of this project. He also noted that any progress toward design of the interchange and possible identification of the site will be helpful in moving the project up on the construction schedule. Mayor Stiff stated that cold, hard cash speaks loudly in this type of situation, noting that he feels to add that element to the land gift could greatly enhance the Bozeman project. Ms. Daria Joyner, Executive Di rector for the Bozeman Area Chamber of Commerce, stated that the Chamber wrote a letter of support for the North 19th Avenue interchange, after which one of the large property owners along North 7th Avenue called and indicated anger at that ac- tion. She noted the Chamber must do some public relations and educational work on this inter- change project to provide a more unified community image. Commissioner Hawks asked how long it would take to get a set of draft engineering plans I for the interchange. The City Manager indicated it would probably take 90 to 120 days after an engineer was retained. Commissioner Martel stated he feels the Highway Commission meeting was very productive; however, he feels the City must make an effort to attend several of the upcoming meetings to ensure that the Bozeman project continues to move forward. Discussion - possible goals for 1988-89, as a result of the orientation sessions City Manager Wysocki stated that Mayor Stiff had requested this item be placed on the agenda. He noted that included in the Commissioners' packets was a copy of the goals which were established for the current fiscal year. Mayor Stiff briefly reviewed the process followed in establishing goals for the current fiscal year, noting that public input was very limited. He then suggested that the Commis- sioners may feel that some goals should be considered as a result of the orientation sessions that were just completed. He noted that the water projects should be prioritized, with possible re- financing of the water bonds to be considered. He also stated that the City may wish to en- courage the County to place a gas tax on the ballot, noting that the City must begin to address its infrastructure needs in the near future. The Mayor then indicated that he feels a different approach should be followed in the set- ti ng of goals for the upcoming fiscal year. He reminded the Commissioners that this is a basis for the City Manager's evaluation; and the goals set should be realistic. I Commissioner Vant Hull noted that a growing number of communities in the state are imple- menting street maintenance districts, suggesting that the City should do the same. Commissioner Goehrung suggested that the Commissioners might wish to establish a priori- tized I ist of goals, submitt ing that I ist to the public for comment and response. He indicated the Commission could possibly use the first Monday meeting in May to consider any public comment on this item, since there are five Monday's in that month. Commissioner Hawks suggested that the Commission set one goal-setting day, hearing all public comment at that time. City Manager Wysocki suggested that the staff and advisory boards be allowed to provide 03-07-88 118 input, establishing a long list of potential goals as well as a short list of prioritized goals for consideration. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, suggest- ed that a "State of the City" address could provide the public with information on the status of the City; and that could help during this goal-setting process. City Manager Wysocki indicated that the staff will begin preliminary work on the budget in about two weeks, with the proposed budget to be submitted to the Commission in July. He I suggested that any goals affecting that process should be set as soon as possible so that fund- ing can be considered. Mayor Stiff requested that a discussion on the format for the setting of goals be placed on next week's agenda. Discussion - staff report re investment of City funds City Manager Wysocki distributed to the Commission a memo from Administrative Services Director Gamradt concerning the manner in which the City's funds are currently invested. Administrative Services Director Gamradt reminded the Commissioners that in October 1987, the Commission authorized the City's participation in the State's Short-Term Investment Pool (ST I P), with the results of that investment to be discussed prior to renewal of the Repur- chase Agreement. He indicated that his memo includes a table of the methods of investment for the past four months, along with the average interest rate. He noted that the interest rate for ST I P was the highest, followed by investments through Merrill Lynch; the Repurchase Agree- ment; certificates of deposit; and the demand account, which is a part of the Repurchase Agree- ment, was the lowest. The Administrative Services Director stated that Yellowstone County has been partici- pati n9 in the Flexicash Program through Merrill Lynch during the same period as we have used STIP; and the average interest rate for the past couple months has been 6.5 percent. Administrative Services Director Gamradt then reviewed the recommendations he has set forth in his memo, as follows: (1) increase the amount invested in STI P, (2) continue to use I Merrill Lynch or other interested investment firms, (3) maintain the same minimum and maximum for the Repurchase Agreement, (4) permit transfer of excess funds from the demand account to the repo account, (5) reduce the amount in certificates of deposit, and (6) reduce the amount in the demand account and retain those monies in the repo account. The Administrative Services Director stated that under the Repurchase Agreement, if the demand account is overdrawn, monies are to be transferred from the repo account to cover the overdraft with no additional costs incurred. He noted the ideal way to operate the demand ac- count would be to maintain a zero balance, with transfers to be made to cover the day's out- standing warrants. He also indicated that certificates of deposit have become more difficult to sell, with few banks showing an interest in becoming a part of the bidding process. Commissioner Hawks expressed concern about the recommendations listed. He asked how much additional risk is incurred through investing in STIP. He further asked if the effect on local investments, as well as on the local community I has been considered. The Administrative Services Director stated that is one of the reasons this item is before the Commission. He noted the administration has the authority to invest the City's funds; how- ever, since this decision could affect the local economy, it is before the Commission for con- sideration. He then indicated that the monies invested in ST I P are at no greater risk than those in some of the other investments, since they must be backed by securities in accordance with State law. Commissioner Hawks stated he feels there is no net difference between the positive effect of the City's money remaining in a local bank since it helps the local economy in essentially the I same amount as the difference the City would earn in interest income by investing those monies out of town. City Manager Wysocki reminded the Commission that the City staff is charged with getting the best interest rate possible on the City monies, as long as those monies are invested in a safe and insured manner. He noted a 1 to 1-!- percent difference in interest rates received could cover the costs of one employee position for a year. Mayor Stiff stated he feels the City has a stewardship responsibility, and should seek the best interest rates possible. 03-07-88 119 Treasurer Joanne Riley stated that banks have indicated they are not interested in bid- ding on certificates of deposit for the City because they must purchase securities to cover those monies. Administrative Services Director Gamradt stated that the City opened a passbook account for $200,000 because it could get a better interest rate through that method of investment than through certificates of deposit at one time. He also noted that with the $900,000 in certificates I of deposit spread through the five banks in town, those amounts are minimal to each bank.- Commissioner Hawks asked what percentage of the City's monies can be placed in a higher risk investment and still show stewardship. The Administrative Services Director stated that some of the State investments are made in U. S. government securities. He noted the State monies are usually placed in longer-term in- vestments; and it may be that a lower return could result if a poor investment were made. He then reminded the Commission that there are no stipulations on how long the monies must remain invested; and the City could withdraw its money if the interest rate were no longer advanta- geous. In response to a question from the City Manager, Administrative Services Director Gamradt stated that First Security Bank has had the City's repurchase accounts for the past three years. He stated that the bank has indicated it cannot bid on the Repurchase Agreement this year, although the specifications are identical to last year's. He noted the bank cannot meet the 91-day T bill rate for the upcoming year; however, last year the bid was 10 basis points above the 91-day T bill and the year before was 51 points above the T bill. The Ad- ministrative Services Director stated it appears the staff will need to rewrite the specifications and resubmit them for bid, since the current repo agreement expires on March 31. City Manager Wysocki noted that the past three years the City has had two bidders at most on the repo agreement; and he is not sure that represents a competitive situation. Commissioner Martel asked if the City incurs a service charge on these accounts. The Administrative Services Director stated that the service charge is netted into the interest rate I bid; and there is no addi Uonal charge incurred. Mayor Stiff suggested that the City invest as much as possible through ST I P, retaining the demand account to cover the daily outstanding warrants. He questioned why the City should operate at a cash disadvantage if the local banks don't choose to be compet itive. Commissioner Martel suggested that to decrease the size of the repo account might make it more attractive to the local banks. He indicated that he feels some monies should be retained in that account. Administrative Services Director Gamradt noted that under the current repo agreement, the City may retain $500,000 to $3,000,000 in the account. He stated that First Security Bank has indicated it could probably accommodate up to $2,000,000 but would probably prefer that less be maintained in the account. Commissioner Hawks asked what would make the City's investments more attractive to local bankers. Treasurer Joanne Riley stated that one local banker has indicated that they are not seek- ing additional deposits, but are seeking additional loans instead. She also noted that one of the larger banks wou Id be interested, however, it has the County's Repurchase Agreement and can- not handle both that account and the City's. The Administrative Services Director stated that a decision is not necessary at this time. He indicated that this is an information session for the Commission. Commissioner Martel encouraged the staff to work with the banking community in an at- tempt to find a method of local investment that would be satisfactory to both parties. He noted I concern that to remove most of the monies from local investment could result in the imposition of service charges, thus an increase in the costs of doing business that would outweigh the ad- ditional interest income. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from Commissioner Martel, dated February 18, 1988 I expressing his con- cerns about the conditional use permit application for the linear park. The City Manager noted 03-07-88 120 that the remaining Commissioners submitted their comm~nts to staff verbally; and he had capsu- lized all of the comments in his memo to the Commission. Commissioner Martel indicated that he had requested that copies of his memo be included in the packet and asked that it be added to the other information for that agenda item. (2) A letter from the Gallatin Development Corporation thanking the Commission for their affirmative action on the Life Link land use appl ications. Commissioner Goehrung suggested that those involved in promoting economic development I in the community coordinate their efforts. He expressed concern that it appears at the present time that sorre of the individuals are extending promises that cause the Commission to react on an issue rather than act. He suggested that promises made in the future should be more realis- tic. Commissioner Hawks noted that the private entities as well as the governmental entities create a collective image; and if the City government is given a black eye, that reflects on the entire community. He noted that the positive image set forth must include the City government. Mayor Stiff suggested this may be a good item to place on the list of goals for the up- coming year. Commissioner Vant Hull indicated that streamlining of the land use process could be an important factor in addressing these concerns. (3) The agenda for the Board of Adjustment meeting that was held earlier this after- noon. (4) The agenda and packets for the City-County Planning Board meeting to be held on Thursday, March 10. (5) The City Manager reminded the Commissioners of the Interagency Breakfast to be held at 7: 00 a. m. on Wednesday, March 9, at the Baxter. (6) The City Manager stated that a parade will be held at 4:00 p.m. tomorrow for the State AA Championship Basketball Team. The Hawks will travel down Main Street and back to the high school via Mendenhall Street on one of the City's fire trucks. (7) Mayor Stiff noted that he received six letters from fifth graders at the Willson I School concerning a nickname for Bozeman. He stated that he has responded to those letters; and a copy of his response as well as the letters received are in each of the Commissioner's mailboxes. He noted that any nickname designation should be done through a selection process, rather than simply through this type of process. (8) Commissioner Goehrung expressed concern about individuals riding bicycles at night without any lights. The City Manager indicated he has discussed this matter with the Police Chief and will attempt to get the newspaper to do an article on pedestrian and bicycle safety since spring is here. Claims Building Inspection Division report for February 1988 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Con- sent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. I Recess - 4: 15 p. m. Mayor Stiff recessed the meeting at 4:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearing. 03-07-88 121 Public hearing - Conditional Use Permit construction of a 10,OOO-square-foot building to house a cas No. 1363 ( north- west corner of the Intersection 0 ear This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Three Rivers Disposal to allow the construction of a 10 ,OOO-square-foot building on Tract 1 of Certificate of Survey No. 1363 for the purpose of housing a garbage transfer station. The subject site is more commonly located at the northwest corner of the intersectim of Pear I Street and L Street. Mayor St iff opened the publ ic hearing. Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He indicated that the subject parcel is bordered by Burlington-Northern property to the south; and Interstate 90 I ies to the north. He stated this request would allow the applicant to construct a building to house a transfer station for his operation as well as for use by the general public in the community. He noted that the transfer of solid waste from the vehicle to a trailer would be done strictly inside the structure. The Planner indicated that once a trailer is filled, the load wi II be taken to Livingston or to Logan for disposal. No overnight storage of garbage on the site is contemplated under this application. He noted that empty trailers are to be parked in the yard; and the staff has requested that the location be designated on the site plan. He stated this is to ensure that an adequate parking area is provided. Planner Skelton stated that the applicant must receive a license to operate through the Solid Waste Bureau of the Department of Health and Environmental Sciences in Helena. He also noted that during the public hearing before the Zoning Commission, concern was raised about the groundwater in the area. He noted that the Water Quality Bureau of the Department of Health and Environmental Sciences as well as the County Sanitarian must review and approve the plans prior to issuance of a building permit, under one of the conditions for approval of this appl ication. The Planner stated that the staff does not support the figures listed in the traffic study submitted by the applicant. He noted the number of trips for the company are relatively accu- I rate; however, the anticipated trips by private vehicles is much lower than the staff projections. He indicated the overall number of trips per day has been projected at 24.9 by the applicant and 99.25 by the City staff. Planner Skelton stated that the Zoning Commission conducted its public hearing, after which it recommended approval of the application, subject to seventeen conditions. He indicated that the Zoning Commission further submitted a letter to the City Commission encouraging them to adopt an ordinance requiring that all loads of solid waste be covered, whether being hauled in a public or private conveyance. Commissioner Hawks asked if the staff has reviewed the condition of L Street to the north of the subject site. He further asked about the condition of the bridge across Rocky Creek and whether there is a load limit on that bridge. He noted that concern about those two items was expressed during hearings a few years ago on development of the Story Hills area. The Planner indicated that the number of projected trips after development of the sub- division was substantially higher than for this proposal. He noted the concerns voiced at that time were based on the volume of traffic rather than on the condition of the bridge. He indi- cated he does not know if a load limit has been placed on that bridge. Commissioner Vant Hull asked if the 28-foot-wide streets referred to in Condition No. 12 border just the subject parcel. Planner Skelton stated that the Director of Publ ic Service and the City Engineer have in- dicated a need to pave Pear Street and L Street bordering the property as well as 1 SO feet along L Street to the northeast of the property. He noted that the 150 feet is not set out speci fica II y I in the conditions; and the staff is currently negotiating on what portion is to be paved. He noted that Pear Street has a 60-foot right-of-way and is currently a gravel street. He indicated it has not been developed to date because there is no development along the street at this time. Commissioner Martel asked if an office is to be located within the structure. The Planner indicated that no office has been proposed within the structure. He noted there has been some indication of a mobile office. Mr. Bob Fagliano I General Manager of Three Rivers Disposal, distributed to the Commis- sion copies of the annual report for Waste Management, Inc., the parent company. He indicated 03-07-88 122 that inside the front cover is a small brochure on DecoLlnk, which is the type of fence he pro- poses to install around the perimeter of the entire lot. He indicated that mature shrubbery is to be installed along L Street as a part of the landscaping. Mr. Fagliano indicated there will be five employees at the facility at anyone time. He stated that he plans to obtain two 22-foot by 8-foot mobile structures with restroom facilities until such time as he can get permission to construct a separate permanent structure. Mr. Bob Fagliano presented to the City a check in the amount of $6,294.00 to cover his I December bi II for the landfill, and read the accompanying letter. He noted that Three Rivers Disposal had considered using the landfill; however, the parent company, Waste Management, Inc., has done some tests of the site and surrounding area. He stated those tests confirm tests done by the State, indicating there are leachate plumes spreading from the landfill site. He stated that since the landfill is located over an aquifer and near a stream, the parent company has prohibited them from using the facility. Mr. Fagliano submitted to the Commission copies of petitions of support, containing well over 100 signatures. He also showed a video tape of several advertisements for Waste Manage- ment, I nc. Mr. Walt Connell, attorney representing the appl icant, stated that several concerns have been expressed concerning environmental impacts from the transfer station. He indicated that the City Engineer from Cheyenne, Wyoming, is present and will show a video tape of their trans- fer station. He noted several of the concerns must be addressed during the various processes yet to be completed. He reminded the Commission that the issue before them this evening is a land use permit. Mr. Connell indicated that the state agencies are familiar with the project; and they have safeguards which Three Rivers must meet as it proceeds with the project. He noted the project wi II cost approximately $750,000; and they plan to make it an attractive faci Iity. He stated the company is also concerned about environmental impacts. He also stated the applicant will meet or exceed any local, state or federal government requirements. Mr. Walt Connell stated that the applicant is wi !ling to sign a waiver of protest for the I creation of special improvement districts for sanitary sewer and paving, curb and gutter and sidewalks. He noted, however, that the applicant is concerned about the requirement to pave an isolated portion of L Street, with unpaved areas at each end. He expressed concern about the liability that could be incurred by abutting a paved section to an unpaved section of road, in- dicating that he feels it is not economically and realistically feasible. Mr. George Barnes, City Engineer for Cheyenne, Wyoming, indicated that the transfer station located in that community is somewhat larger than the faci Iity under consideration in this application. He noted the operation is similar in nature to what is being proposed here. He then showed a 20-minute video tape of the transfer station at Cheyenne, Wyoming, noting it is a municipal operation. He indicated it has been constructed near a residential area and is on City water and sewer services. He noted the faci Iity is about three and a half years old. I n response to a question from City Manager Wysocki, Mr. Barnes indicated that the cei l- ings are approximately 20 to 25 feet to the bottom of the roof trusses. Mr. Barnes indicated that each 40-foot trailer holds 95 cubic yards; and it is not com- pacted because the gross vehicle weight is 80,000 pounds, which is reached without any com- paction. He noted that a trailer wi II hold two 25-cubic-yard packer truck loads plus a little mo re . He indicated that the commercial trucks use one side of the facility for dumping while private vehicles use the other side. Mr. Barnes stated the faci Iity is kept clean, with any garbage dumped on the floor being shoveled into the trailer. He noted the concrete floors are washed down whenever necessary. He then stated there is a disclaimer sign posted over the entrance, indicating the City is not I responsible for any incidents which may occur within the facility. Responding to a question from Mayor Stiff, Mr. Barnes indicated the landfi II is thirteen miles from Cheyenne. He noted that construction of the transfer station was justified on the basis of economics. He stated that garbage trucks do not travel well at highway speeds; and it took a substantial amount of staff time to make the trips to the landfill. Mr. Barnes indicated that Cheyenne has an ordinance requiring that all loads be covered; and an additional $10 charge is imposed if the load isn't covered. City Manager Wysocki asked if the transfer station under consideration tonight is to be 03-07-88 123 constructed on two levels like the facility in Cheyenne. Mr. Fagliano stated that the proposed facility is to be built six feet into the ground and eight feet above ground. He noted the front of the property is higher than the rear, and it wi II be bermed as necessary to accommodate the structure. City Manager Wysocki asked Mr. Barnes how often they wash the floor of the facility, as well as how often they wash vehicles within the structure. I Mr. Barnes indicated the floor is washed down whenever necessary, and that may be sev- eral times a day. He noted the trucks are washed about twice a week. He then noted that water is run into a settling tank for pretreatment and then enters into the sanitary sewer sys- tem. He then indicated that, although the facility is located about a half mile from the city limits, the transfer station has been annexed into the city. Mr. Barnes stated that when the City of Cheyenne constructed its transfer station, con- cern was expressed about noise, odors, blowi ng paper and insects; however, they have received no complaints about any of those items since they have been in operation. City Manager Wysocki asked Mr. Barnes about the capacity of the transfer station. Mr. George Barnes stated that they currently have four trailers making two trips each per day to the landfill. He noted that an additional two trips per day could be made without stressing the system. He indicated that the trailers are stored empty in the yard at night, while the trucks are stored inside. In response to a question from Mayor Stiff, Mr. Barnes indicated they have had no prob- lem with spontaneous combustion. He noted most of the garbage is in the facility for one to one and a half hours before being transported to the landfill, so there is not time for spontaneous combustion. Responding to questions from Commissioner Hawks, Mr. Barnes stated the transfer station is serviced by City water and sewer facility, noting that the sewage treatment plant is located about a half mile east of theirs. He indicated that the water usage is quite low, with the only water used being the domestic use in the office as well as washing of the floors. He stated that I the discharge from their facility is monitored; and it has not exceeded any of the criteria. Commissioner Vant Hull noted that hazardous materials could be picked up from small gen- erators and transported to the transfer station. She then asked if that could create problems. Mr. Barnes stated that the concentration of any hazardous materials is diluted at the transfer station because of all the paper products and other wastes. He noted that hazardous materials become a problem when a large quantity is located in one place for a long period of time. Commissioner Hawks noted that none of the employees were wearing hearing guards. Mr. Barnes stated that the noise level is usually quite low in the facility, except when the clam shell is in operation or when a garbage truck is backing up. He noted at other times, a normal conver- sation may be held. In response to a question from Commissioner Goehrung, George Barnes indicated that the settled sludge in the pretreatment basin is hauled to the landfill in barrels. Commissioner Hawks asked if L Street and its bridge would accommodate an 80,OOO-pound load. Mr. Fagliano stated the City and County don't have any reports on weight limitations on that road. He indicated that since his company will not be using the Bozeman landfi II, they will not be traveling that road. He then stated that the route his trucks will follow is south from the site on L Street and North Wallace Avenue, across Tamarack Street to North 7th Avenue, and along North 7th Avenue to the interstate. He stated the traffic study contained in the staff report was completed before the Waste Management personnel from Illinois took the soil tests from I the landfill. Commissioner Vant Hull asked Mr. Fagliano if he would accept motor oil. Mr. Fagliano stated he has seen nothing that states motor oil is a hazardous waste. He then indicated that the trailers he will be using have heavy polyethylene I iners under the walk- ing floor that seal the units. He then stated that he plans to wash the trailers at both Logan and Livingston; and he will run the trucks through the car wash at Belgrade. He indicated the only vehicle washing at the transfer station will be rinsing of road salt and possibly sand from the undercarriages. He indicated that the three-stage drain system will accommodate those rins- ings as well as cJeani ng of the floor. 03-07-88 124 Mr. Fagliano stated that he plans to keep the transfer station clean, making it a nice fa- cility for the community to use. Commissioner Vant Hull asked where half-filled trailers would be stored. Mr. Bob Fagliano stated that half-filled trailers are the result of routing problems. He indicated that he has stated that no trailers would be stored outside of the building unless they are empty. He indicated that it will be his policy to have all trailers empty at closing time. Commissioner Vant Hull suggested that the Commission consider adding a condition stating I that Class 2 and Class 3 materials would not be accepted, even though the permit to be obtained at this time wi II not allow acceptance of those materials. She noted that would protect the City if at some time in the future the requirements for the permit are changed. Planner Skelton indicated he sees no harm in adding that type of condition if the Com- mission so chooses. Mr. Fagliano stated he has no intention of handling hazardous wastes at the transfer sta- tion. Break - 8:37 to 8:42 p.m. Mayor Stiff declared a break from 8:37 p.m. to 8:42 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Mr. Lowell Springer, architect for the applicant, stated he feels the staff has projected more private vehicle trips than wi II actually occur. He indicated that he feels those numbers are substantially higher than they should be, which may be impacting the amount of paving that is being required. Mr. Sidney H. "Hup" Davis, 701 East Oak Street, submitted a letter of opposi tion to the proposed transfer station, along with two pictures of the transfer station at West Yellowstone. He noted that in the spring of the year, the County posts portions of L Street north from Oak I Street with 250-pound per inch width of tire signs. He stated that would accommodate an empty truck only. Mr. Davis then read his statement, noting that wells in the area are from eight feet down. He requested that since the natural flow of underground water is from the subject site in a northerly direction, the transfer station be required to hook onto the City's sanitary sewer system. Mr. Davis noted the water table is high in the area, noting that the 4!-foot deep pit that housed scales for the old stockyard (on the site under consideration in this hearing) has water standing in it at the present time. Mr. Davis stated he is concerned about the traffic problems that could be incurred from this proposal; however, others will address that item. He then noted that the garbage transfer station located at West Yellowstone is substantially smaller than the proposal under consideration. He further noted it is located out of town in a heavily timbered area, which is an ideal location. Mr. Swede Jensen, 715 East Oak Street, stated he is not opposed to the transfer station; however, he is opposed to publ ic use of the faci lity. He noted that if the public is allowed access to the faci Iity, it wi II become a dump rather than a transfer station, with accompanying traffic problems. He expressed concern about potential problems with well water as well as con- cerns about traffic on L Street. He further noted that the corner at North Wallace Avenue and East Tamarack Street is narrow; and the trucks will have trouble maneuvering around it. Mr. John Bai ley, 907 L Street, stated he had prepared a video tape but has no way to show it this evening. I Break - 9:05 to 9:10 p.m. Mayor Stiff declared a break from 9:05 p.m. to 9:10 p.m., to allow the staff an oppor- tunity to set up the television and video cassette recorder for Mr. Bailey's presentation. Mrs. Lyn Taylor, 624 East Griffin Drive, stated that most of the residents in the area 03-07-88 125 preceded the industrial zoning designation. She noted that the provision for construction of a garbage transfer station in the M-2 district, under the conditional use process, was just recently inserted through the zone code amendment process. She asked if it was the intention of the City to allow private individuals to utilize a garbage transfer station at the time the amendment was adopted. Mrs. Taylor noted that usually heavy industry is located in an M-2 district; and the traf- I fie associated therewith should be kept away from residential areas. She noted that the access to this M-2 area is very peculiar, with North Wallace Avenue and North Church Avenue running through residential areas and L Street and Tamarack Street not being fit to use for heavy in- dustrial traffic. Mrs. Lyn Taylor stated she feels it is a mistake to allow public dumping in the garbage transfer station, noting that it cannot be regulated in good faith under those circumstances. She noted the garbage transfer statton is a high tech use; and it does fit into the M-2 zone; however, that is not compatible with the traffic volume that will be created by allowing public access to the faci lity. She then indicated that private traffic should be isolated from the heavy industrial use area. Mrs. Taylor also expressed concern that garbage will be strewn along the streets to the transfer station if private individuals are allowed to use the facility. Mr. John Bailey, 907 L Street, showed his video tape, running along Story Mi II Road and L Street to the subject site. He pointed out the poor condition of the road, as well as the three bridges about which residents of the area are concerned. He then showed the subject site, not- ing that 60 to 65 dumpsters have been stored on the property. Mr. Fagliano noted that he has already indicated that his vehicles wi II not be using the route that was shown in the video. Mr. Bailey indicated he is aware of that; however, he is concerned about the private in- dividuals who wi" be using that route to the garbage transfer station. He also asked who will be responsible for enforcing any possible requirement for covering of a load of garbage, or for I cleaning up the garbage that does fall out. Mr. Greg Poncelet, 209 East Cedar Street, stated he lives a half mile from the proposed transfer station. He noted the subject site will be built up before excavation is completed for the structure. He then stated the City should not impose regulations which it cannot enforce, citing examples of existing violations. Mr. Poncelet then stated the subject parcel is the only M-2 property available. He noted nobody wants a garbage transfer station in their back yard, including him, but he was aware of the zoning when he moved there. He then indicated that L Street is not passable in a truck for two months of the year and should be fixed. Mr. Todd Brown, Manager of Idaho Pole, indicated the subject site is immediately across the road. He stated he is not opposed to the garbage transfer station; however, his main con- cern is the road system. He noted that Mr. Fagliano has indicated his intent to use L Street, Wallace Avenue, Tamarack Street and North 7th Avenue to the interstate. He then reminded the Commissioners that Tamarack Street was paved just two years ago with millings from the inter- state; and it wi II not stand up under 80, OOO-pound trucks. He noted that the condition of L Street from the railroad tracks to the interstate is poor at best, with water flowing down the street during spring run-off. He stated that L Street north of the interstate is in very poor condition; and it will not handle the additional traffic that the proposed use will create. Mr. Brown also noted that by increasing the axle capacity, the GVW could be increased to 105,000 pounds, although the weight distribution would remain the same. Mr. Todd stated the corner at North Wallace Avenue and East Tamarack Street is very I tight, noting that the power pole there was recently replaced. He also noted that the section of unpaved road from the end of the pavement, across the railroad tracks, to the subject site should be addressed. Mr. Allan Dunayer, 630 East Peach Street, stated that few people realize that the garbage transfer station is to be a public dumping facility. He expressed concern that North Wallace Avenue, which runs through a residential area, will become a major route to the site. Commissioner Vant Hull asked Mrs. Taylor whether she feels that a possible condition for approval might be to not allow public access to the facility. Mrs. Lyn Taylor stated that during the public hearing before the Zoning Commission, she 03-07-88 126 repeatedly asked how important private dumping would be to the business; but she received no answer. She then noted that the M-2 zoning is in place on the subject parcel and cannot be de- bated; however, traffic impacts must be addressed during a land use decision. She noted the garbage transfer station is a high tech operation; and she feels that company use should be split from private use during consideration of this application. Commissioner Martel questioned the difference between Three Rivers Disposal picking up the garbage and dumping it at the transfer station and a private individual hauling his garbage I to that facility. Mrs. Taylor noted the difference is in the manner in which the garbage arrives at the faci I ity . She noted that 24 commercial vehicle trips per day will not impact the area as much as having private vehicles traveling to the site as well. She then indicated that she cast the lone dissenting vote at the Zoning Commission meeting because she was concerned about uncovered trash being hauled to the site. She noted that since that meeting, she has reviewed the traffic impacts and feels those issues create even more problems for the area. Commissioner Hawks asked Mr. Davis if anyone in the area has had problems with ground- water contamination from existing septic systems. He further asked if the residents have asked about possible improvement of L Street. Mr. "Hup" Davis stated that only one well in the area has been contaminated to date, and that was from penta rather than septic systems. He indicated that extensive testing has been done over the past two years in that area. He noted that with the groundwater drainage pat- terns in the area, the run-off from the subject site will travel directly toward the residential wells. He encouraged the Commission to require that the facility be hooked onto the City's sewer system rather than dumping more water into the ground. Mr. Davis then stated that the residents have asked the City to grade L street on oc- casion; however, they have not pursued improvement of the street. Mr. Todd Brown stated that Idaho Pole and the Environmental Protection Agency have done extensive groundwater testing in the area; however, none of those tests have been for bac- terial growth. He noted there are twenty residential wells in the area, ranging in depth from 8 I feet to 76 feet. He stated there are three separate water levels in the area; and all of them run in a north to northeasterly direction. He indicated that none of the tests that have been con- ducted in conjunction with their operation have been for potable water. Commissioner Vant Hull asked Mr. Brown if Idaho Pole would be willing to participate in a special improvement district to upgrade the streets in that area. Mr. Brown stated that he would be willing to review a proposal at the time it was sub- mitted. He noted at the present time, he and Mr. Poncelet maintain Cedar Street on their own. Commissioner Vant Hull asked Planner Skelton why a differentiation was not made between public and private use of the proposed transfer station. Community Development/Zoning Specialist Skelton stated that the planning staff reviews the application without consideration for whether the entity is public or private. He noted that the definition in the code does not specifically preclude private use of a garbage transfer sta- tion; therefore, that item was not addressed in the staff report. Mr. Fagliano stated that his company did not feel it could develop a transfer station for its use only, or even allow the City and University to use the facility as well, without letting the public use it also. Mr. Springer stated he has a copy of the drawing that was submitted to the Commission over a year ago when this issue first arose; and that drawing shows an area for public dumping as well as an area for private dumping. Mr. Bob Fagliano stated that the same concerns were expressed at the Zoning Commission meeting; and he feels they have been addressed. He indicated that the amount of water used I should be minimal and not impact the area's groundwater. City Manager Wysocki submitted to the Commision a letter from the Water Quality Bureau concerning this project. He further noted that a memo from City Engineer Phill Forbes, dated March 4, 1988, was included in the Commissioners' packets, suggesting that specified federal and state agencies be required to approve plans for pretreatment of any sewage prior to its entering a private or public system. The City Manager then indicated that he has reviewed water usages from Three Rivers Disposal's prior operations within the city limits and found that it utilized 12,000 to 13,000 03-07-88 127 gallons per month. He then suggested that under Condition No.4, all of the local, state and federal agencies involved in review of solid wastes and water quality issues would be asked to review and approve the plans prior to final site plan approval. Mr. Fagliano stated that when his operation was located on East Aspen Street, it used more water than it will in the new location because the trucks were washed on the site. Commissioner Vant Hull asked Mr. Fagliano if he would accept a condition stating that no I vehicles could be washed on the site; and he indicated he would welcome such a condition. Commissioner Vant Hull then asked Mr. Fagliano if he would be willing to tie onto the City sewer system. Mr. Fagliano responded that he would be willing to sign a waiver for future connection to the sewer system if the area wishes to do so. Commissioner Vant Hull noted that the Cheyenne transfer station is connected to City water and sewer and asked if that was an important fact in the site selection process. Mr. Barnes stated that the site in question has some problems that the City of Cheyenne did not face. He noted that the City felt that municipal water and sewer services were impor- tant to the operation. He also noted that the City does not allow wells or septic tanks within city limits; and they must abide by their own rules. City Manager Wysocki asked Mr. Fagliano if he is willing to accept the conditions as recommended by the Zoning Commission. Following a brief discussion, Mr. Fagliano indicated he is willing to accept all but Con- dition No. 12, which requires paving of a portion of L Street. He indicated concern about the liability that could be incurred as a result of having a paved portion abutting an unpaved por- tion of roadway. He stated he would like to maintain the ability to work with staff on the re- quirement for paving of the perimeter roadways. Commissioner Hawks asked if the City is going to depend on the State to monitor the ef- fluent and groundwater or if the City is going to be responsible. He also noted support for the concern expressed about the impact of private vehicles on the streets leading to the site, in- cluding L Street, North Wallace Avenue and North Church Avenue. The Commissioner then I asked Mr. Fagliano how the elimination of private hauling of garbage to the facility would impact development. Mr. Fagliano questioned how a distinction could be made on who uses the facility. He then stated that public use of the facility is an integral part of the proposal. Commissioner Vant Hull asked Mr. Fagliano if he would be willing to drill monitoring wells; and he indicated that he would. Mr. Jake Kroon, 1210 L Street, noted concern has been expressed about where to stop the pavement on L Street. He then suggested that the west end of the bridge across Rocky Creek would be a good stopping point; and any breaking of the pavement should be minimal. Mr. Swede Jensen noted that on Iy a portion of many of the county roads is paved; and they seem to incur no major problems with the abutting of paved to non-paved sections. He then indicated that if the facility is tied to the City's sewer system and the traffic concerns are addressed, he could accept the proposal. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. City Manager Wysocki indicated to Mr. Fagliano that the City has received petitions from the residents of the New Hyalite View Subdivision as well as Valley Unit Subdivision requesting that City garbage collection service be provided. He indicated those petitions have been re- ferred to the staff for review, per Commission action taken earlier today. Discussion (continued) - staff report re investment of City funds City Manager Wysocki distributed to the Commission a memo from Administrative Services I Director Gamradt, which he prepared subsequent to this afternoon's session. He noted that in- cluded in the memo is a request for authorization to revise the bid specifications for the repo agreement as follows: (1) lower the maximum from $3,000,000 to $1,500,000, and (2) set the mini- mum acceptable interest rate at 50 basis points below the 91-day T bill rate. Commissioner Martel indicated support for the requested revisions. Commissioner Goehrung expressed concern about how far the City should bend for local institutions. Commissioner Hawks noted that the proposed minimum interest rate would be comparable to the rate currently realized from the certificates of deposit. He then indicated he would support 03-07-88 128 the proposed revision, noting it would indicate that the City has taken the extra step to work with local financial institutions. Mayor Stiff indicated support for retaining the current specifications, and if no bids are received, investing monies elsewhere until next year's repo bidding process has been completed. Commissioner Hawks suggested that action be deferred until next week so that additional information can be gathered. Adjournment - 11: 05 p. m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. 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. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 03-07-88