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HomeMy WebLinkAbout1986-04-14 138 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 14, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 14, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, 1 Assistant City Manager Barrick, City Attorney Crumbaker-Smith 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 from the agenda for discussion. Minutes - April 7, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the Apri I 7, 1986, meeting be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commercial - Charli!l east of North 7th venue This was the time and place set for the decision on the Master Plan Amendment requested by Charles Rush to change the land use designation from Light Industrial to General Highway Commercial for an area described as Lots 14-19, Gordon Mandeville State School Section Sub- division to the City of Bozeman. This site is more generally described as east of North Seventh Avenue and north of Griffin Drive. City Manager Wysocki reminded the Commission that the public hearing on this item was I conducted at last week's meeting. He then noted that Commissioner Martel has submitted a memo to the Commissioners listing several points to be considered in making a decision on this request. Commissioner Vant Hull asked Commissioner Martel how concerned he is that this entrance to the city be attractive. The Commissioner indicated that it is important to have a pleasant invitation to anything; and aesthetics are important in creating as good a first impression as possible. Commissioner Martel then noted that the Zone Code contains more stringent requirements for development in the highway commercial district than in the manufacturing districts. The Commissioner then indicated that he feels this proposal is a natural extension of the existing B-2 zoning along North Seventh Avenue. He suggested that the Commission refer this matter back to the Planning Staff and City-County Planning Board for reconsideration, rather than over- ru ling thei r recommendations. Commissioner Stiff noted this request provides an opportunity to encourage beautification of the area; and the land use would be consistent with that south of Griffin Drive along North Seventh A venue. He also expressed concern about going against the recommendation of the City-County Planning Board; and he feels that referring it back to that Board may the best action at this time. Commissioner Jordan noted that he feels the applicant's representative has directed the Commissioners' attention off the real issue; and they are now looking at the appearance of the area rather than the intent of the area. He noted that the appearance of North Seventh Avenue 1 between Griffin Drive and Main Street isn't much better than that in the current industrial area. The Commissioner then stated he feels Griffin Drive is a good dividing point between commercial and industrial uses. Commissioner Jordan Indicated that during review of the Master Plan, the Planning Board viewed that portion of North Seventh Avenue as a frontage road. He further noted that the "T" District overlay allows the Commission to place conditions on the project to meet the concerns for appearance. He then noted that the Planning Board voted 9 to 0 on the recommendation for 04-14-86 139 disapproval which has been submitted to the Commission. The Commissioner reminded the Commission that the public health, safety and welfare of the community are to be considered in making the decision on this request. Mayor Mathre noted the main question to be answered is what is the appropriate land use for this portion of the community. She stated that changing of the land use designation might be an improvement because the area would be better looking; however, the appearance of North 1 Seventh Avenue south of Griffin Drive isn't much different. The Mayor noted that North Seventh Avenue has been discussed as an entryway to the community; but the entryway is along 1-90 and North Seventh Avenue and that portion lying north of the interstate becomes a frontage road. She noted that more industrial uses than commercial uses are located along frontage road s . She further noted that a change in the land use designation will create a large number of non-conforming uses. The Mayor then reminded the Commission that retail uses are allowed as a conditional use in the M-l district. Mayor Mathre then indicated that she will vote no on the requested Master Plan Amendment. The Mayor further stated that she has reservations about sending decisions the Commission does not wish to make back to an advisory group with the expectation that the group will change its recommendation, noting an item should be returned to the advisory group only when the process has been flawed. Commissioner Martel noted that the reappraisal process has changed the designations in the subject area from rural district land to commercial land. Commissioner Stiff noted that a substantial amount of the land involved in this requested change in land use designation is not committed to any use or it appears that the existing use will be terminated in the near future. He also indicated that it is most beneficial to the community for this land to be zoned for the highest and best use; therefore, he feels it is in the community's best interests to approve the Master Plan Amendment as requested. Commissioner Vant Hull indicated support for returning this matter back to the Planning Staff and the City-County Planning Board. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I refer this Master Plan Amendment requested by Charles Rush to change the present designation of Light Industrial to General Highway Commercial on Lots 14 through 19 of Gordon Mandeville State School Section Subdivision back to the Planning staff and the City-County Planning Board for reconsideration and recommendation in view of the City Commission's deliberations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff. Commissioner Martel and Commissioner Vant Hull; those voting No being Commissioner Jordan and Mayor Mathre. Presentation by Del Straub, Bozeman Soccer Club, re upcoming fund raising event City Manager Wysocki noted this item has been added to the agenda. He then indicated that Mr. Straub is not present at this time and suggested this item be deferred until later in the meeting. Discussion - petition submitted by residents along North Bozeman Avenue and North Montana Avenue re garbage pickup City Manager Wysocki submitted to the Commission a copy of the letter which the residents in the 500 block along North Rouse Avenue, North Bozeman Avenue and North Montana Avenue received, indicating that the garbage pickup area would be relocated from the alley to the street effective Apri I 16, 1986. The City Manager noted that subsequently, a petition dated Apri I 3, 1986 and containing seventeen signatures was submitted, stating opposition to the change in pickup location. 1 Mayor Mathre noted that this decision to relocate the garbage pickUp area was a manage- ment decision; and the Commission had no knowledge of the change prior to last week. The Mayor then noted that management is responsible for the day-to-day operation of the City rather than the Commission. City Manager Wysocki reviewed the reasons for the decision to change the pickup location for the subject properties. He noted that about a year ago, he became aware of the fact that the garbage trucks cannot drive all the way through the two subject alleys, but must back in or out during the garbage pickup. The City Manager expressed concern because of the safety 04-14-86 lLi 0 factors involved as well as the fact that renewal of the City's liability insurance is currently in question. City Manager Wysocki stated he feels it is imperative for the City staff to review procedures and practices currently being followed and change those which create a liability factor; and he feels that backing of a garbage truck for an extended distance is one of those items which should be reviewed and eliminated. The City Manager noted that the two men either ride on the back of the truck or walk alongside; and it is possible for them to slip and fall under the wheels of the truck without the driver being aware of any problem. He then noted I that the additional time expended through this practice is a minor consideration, with the safety and liability factors being of prime concern. The City Manager then noted that the petition indicates a hardship for those involved because they would be required to carry their garbage to the curb for pickup. He stated that 40 percent of the garbage pickups are currently made at the curb. Ms. Theresa Leland, 528 North Bozeman Avenue, stated that the decision to change the pickup location was made by the City staff with no input from the people affected. S he noted that the City staff has cited safety, liability and efficiency as the reasons for the change in procedure; however, she feels that picking the garbage up from the curb could present more safety and liability problems than the current alley pickup. She noted few vehicles use the alley since it is a dead-end. She also noted that cars are parked along the street because there is little off-street parking in the area. Also, the children play along the sidewalk rather than in the alley. Ms. Leland then noted there are two multi-family units on North Bozeman with dumpsters. She expressed concern that the garbage truck would need to back across the sidewalk to dump those containers, which would cause safety hazards for the children as well as the blind gentle- man who lives in the area. She further noted that when the truck is picking up the garbage, it will block at least one lane of traffic. Ms. Leland stated that the garbage pickup has been made in the alley for the past forty years; and there have been no accidents. Mr. George Scott, 526 North Bozeman Avenue, indicated concurrence with what Ms. Leland stated. I Mr. Marvin King, 531 North Montana Avenue, noted there is no grass boulevard between the sidewalk and the curb along that street; therefore, the garbage cans would be located on the sidewalk on garbage pickup day. Mr. Ken Baldwin, 529 North Rouse Avenue, stated he has lived there for forty years and knows of no accidents in the alley behind his residence. He then indicated that the alley is 16 feet wide at the narrowest point, providing an ample area through which to back a vehicle. Mr. Baldwin then indicated that East Peach Street and North Rouse Avenue are narrow enough that if a garbage truck is stopped, it wi II block one lane of traffic. He stated that he counted 445 vehicles on North Rouse Avenue from 10:00 a.m. to 11:00 a.m. today; 10 of which were large semis. Mr. Baldwin then stated it takes approximately ten minutes for the garbage truck to pickup the garbage for the twenty houses along the alley. Ms. Leva Dwight, 541 North Montana Avenue, stated she would have to carry her garbage 126 feet from the garbage can racks to North Montana Avenue if the pickup location is changed. Mr. Dave Bristow, 521 North Rouse Avenue, indicated concurrence with the previous comments, stating that he sees no reason to relocate the garbage pickup. Mr. Chuck Crouse, owner of 534 North Bozeman A venue, stated concurrence with the comments made by Ms. Leland. He then expressed concern that this change has been made with no concrete reason and no information that the liability insurance premium will be increased if the current practice is continued. Mr. Crouse indicated he feels that the City should have held a meeting so that the thirty to forty people involved had an opportunity to discuss the matter and possibly develop an alternative solution. I Mr. Crouse then indicated that he feels with cars parked along the street, it will take longer and more effort for the men to empty the garbage cans than through the current method. He stated that many new subdivisions have been recently developed without alleys; and the houses and garages are oriented toward the street. However, in this older section of the community, many garages are located along the alley or toward the back of the lot, thus causing the garbage to be hauled a much longer distance or being stored outside. 04-14-86 141 Mayor Mathre asked if it would be possible to install cul-de-sacs in the alleys that would provide turn-around area for the garbage trucks, thus eliminating the need to back a long distance. City Manager Wysocki stated the property at the ends of the alleys are in private owner- ship, resulting in the City needing to purchase land. Mayor Mathre noted the residents have expressed concern about the truck blocking traffic I during pickup. She then stated that probably occurs in other areas of the community as well. The City Manager reminded the Commission that 40 percent of the stops are made along the street. He then noted that the east side of North Rouse Avenue has street pickup; and he has heard of no problems resulting from that practice. He stated that in some areas, street pickup is less convenient because of the large number of cars parked along the street, but it can still be done. Commissioner Stiff stated he shares the administration's concern about backing a garbage truck through an alley. He suggested there may be a way to turn the vehicles around; but he agrees that the practice of backing garbage trucks is ill advised, and the problem must be addressed. The Commissioner then asked if the City could use eminent domain to obtain the additional land necessary to provide an adequate turn around area. Ms. Leland questioned why it would be safer to back across a public sidewalk than back through a dead-end alley. She then noted that neither situation provides a totally safe solution, but it must be determined which method is safer. Mr. Bob Fagliano, Three Rivers Disposal, stated that some safety devices are available to meet safety requirements for most insurance companies. including a back safe bar which locks the brakes if the vehicle touches any object and video cameras which attach to the rear of the vehicle, eliminating the blind spot. Commissioner Jordan noted the safety of the City employees must be considered, expressing concern about their possible slipping during the winter months. He further noted that if the City goes to two-man trucks, there wi II be on Iy one guy on the back of the truck, creating I additional safety hazards. Mayor Mathre noted one of the concerns raised is having the garbage trucks backing across a sidewa I k to pick up dumpsters. She then noted she feels it is desirable for the resi- dents in an area to be given an opportunity to discuss an item before action is taken. Commissioner Vant Hull stated that she feels City personnel are servants of the people; and It is important for people to be given an opportunity for input. The Commissioner then stated that she feels the alley pickup should be continued for at least one more year. Commissioner Martel stated support for continuing the alley pickup. Commissioner Stiff stated he supports the administration's decision that backing of the trucks is a dangerous situation that should be eliminated. The Commissioner then indicated that he feels the residents in the area should be given an opportunity to prepare an alternative to the current practice; but he feels that the backing in the alley should be terminated in not more than three months. Commissioner Jordan indicated support for the administration's decision. He then suggested that the street pickup be implemented now and then reviewed in three months. Mayor Mathre stated she feels that the backing of the garbage trucks must be eliminated; and she supports the administration's decision. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the current practice of picking up the garbage in the subject alleys be continued for a period of three months to provide the residents of the area an opportunity to submit alternative methods. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant 1 Hull, Commissioner Martel, Commissioner Jordan and Commissioner Stiff; those voting No being Mayor Mathre. Break - 3:33 to 3:44 p.m. Mayor Mathre declared a break from 3:33 p.m. to 3:44 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 04-14-86 142 Discussion - automated garbage collection system City Manager Wysocki submitted to the Commission a memo prepared by Director of Public Service Dick Holmes listing five options for the purchase of new garbage trucks. He also sub- mitted a petition of opposition containing 45 signatures in addition to the signatures which had been previously received; and two letters of opposition to the proposed automated garbage system. Director of Public Service Holmes briefly reviewed the options contained in his memo. He 1 noted the first three options utilize rear load packers while the last two options utilize automated trucks. The Director noted his memo then contains the projected costs of each option during the next ten years, containing a four percent per annum inflationary factor for operations and salaries, followed by a comparison of the costs of each option against the others. He also noted that the first option would not provide any opportunity for expanded customer service but would be limited to the existing 3,850 customers. The remaining options show the amount of expanded service which could be provided; and the Director noted there are currently 529 residences within the city limits which are being serviced by the private company. Director of Public Service Holmes then noted tlile final page indicates the projected base rate which would be re- quired to fund each of these options over the next ten years. He stated the financial ranking of the options is Option No.5, 4, 1, 2 and 3. Mayor Mathre noted that one of the options lists a two-man truck and asked the Director of Public Service if he would recommend that option. The Director of Public Service indicated he feels that is the least desirable option available because of safety, ease and length of time; but he stated that is a possible choice. Commissioner Vant Hull asked about having only one man on the rear packer trucks. Mr. Clint Gee, Sanitation Superintendent, stated that it would be hard and tiring for one man to drive the truck, stop and go to the back to empty the garbage, then climb back into the truck and drive to the next stop. Mayor Mathre noted the typical one-man truck is a side loader rather than a rear packer, which is much more convenient for the driver. I Commissioner Martel noted the memo projects 700 pickups per day with the automated system; however, Denver indicates 500 to 550 pickups per day with their system. The Director of Public Service stated his statistics are those he has received through an equipment company; and they are the most accurate figures he had from which to work. Commissioner Martel then noted that when Helena converted to the automated garbage collection system, the first year's actual costs were $183,000 higher than projected. He indi- cated if the costs are higher and the actual number of pickups is lower, the actual savings would be much lower than projected. The Commissioner also questioned whether the containers would be usable in about one-half of the community. Commissioner Stiff asked if one of the current rear load packers would be available to service those customers who refuse to use the automated system. The City Manager noted there may be areas where an automated garbage truck cannot be utilized; therefore, an alternative method must be considered as well. Commissioner Vant Hull indicated she could not support the automated system if it were the only choice; however, if the City were to provide an alternative method for those not wish- ing that type of service or if the City would allow those who wish to contract with a private hauler, she could support the system. City Manager Wysocki stated that skipping residences where the automated system was not desired could create problems for both the City and the private hauler. Mr. Bob Fagliano, Three Rivers Disposal, stated he has received several calls today asking if he could provide residential pickup. He noted at this time he cannot service those I residential areas which are on the City's service. Mr. Fagliano then stated that not all of the bugs have been worked out of the automated garbage collections system; therefore, maintenance costs are usually higher than anticipated. He indicated that if Bozeman wishes to compare the number of stops per day, it must select a city of comparable density, such as Helena. Commissioner Vant Hull asked Mr. Fagliano if he would consider providing garbage collec- tion service for those city residents who did not want the automated service. 04-14-86 143 Bob Fagliano stated that the Public Service Commission ruling for his company requires that he provide service to whomever requests. He noted that may create an inefficiency in his operation but he would not be able to deny the request. He then cautioned the Commission that it may face closure of the landfill in the near future and must consider alternatives for disposal. City Manager Wysocki stated one of the reasons the automated garbage collection system is attractive is because the City can maintain the costs of collection at or below present costs over I the next ten years, realizing that the City may need to find another location for disposal and possibly face the costs of constructing a transfer station. Commissioner Vant Hull asked Mr. Fagliano about the feasibility of having one man on the rear load packer trucks. Bob Fagliano stated that he currently has two men on the large rear load packers. He then stated he has only one man on the smaller side loader, which is used for the majority of his residential service. He expressed concern about having only one man on any garbage truck which must back up due to liability factors. Commissioner Jordan expressed concern that the automated garbage collection system could cost substantially more than projected, citing the water filtration plant as an example. He then noted the City should discuss the matter with cities having the automated system, such as Helena and Great Falls, to establish the most accurate projections possible prior to making a decision to proceed. The Commissioner concurred with the City Manager's observation that the costs of garbage disposal will increase dramatically in the near future. He then stated if the City can save the $600,000 projected through conversion to the automated system, it should do so. City Manager Wysocki indicated the staff could recompute the projections, based on 500, 550, 600 and 650 pickups per day for the automated system if the Commission so desires. Commissioner Jordan asked if all of the costs incurred in the garbage collection and disposal operation are covered by revenues generated by those activities. The City Manager noted it is an enterprise fund which stands on its own and generates adequate revenues to cover the expenditures. I City Manager Wysocki reminded the Commission that a pilot automated garbage collection system has been in place for almost one year; and a majority of the questions and concerns raised initially have been answered by those participating in the program. He noted the major concerns which still surface are the fact that the containers are too large to fit into the garage and the color. Commissioner Martel noted the Commission has received a petition signed by more than 1,000 users of the garbage collection service who indicate they are willing to bear the higher costs of maintaining the present system; and he feels it would be difficult for the Commission to vote against that desire. Mayor Mathre noted that Commissioners serve in two capacities--the trustee role and the delegate role. She stated that on more complex issues, such as this one, the Commissioner has more technical information than the public has and must base his or her decision on that informa- tion rather than on public input only. She then questioned how many users of the system are aware of economic impact that the current system will have over the next ten years. The Mayor then noted the first question for the Commission to address is whether it wishes to have the capacity to expand the garbage collection service area, noting that maintaining the present system will not allow for any expansion. Commissioner Vant Hull stated she feels the City must provide an option for those not wanting the automated system if it is determined that the system should be implemented. She then suggested the possibility of residents purchasing garbage bags from City Hall, which could then be picked up on the regular garbage pickup route. 1 The City Manager reminded Commissioner Vant Hull that the automated truck has a mechanical arm which picks up the containers and would be unable to pick up those bags. He then noted that the automated systems are changing rapidly at this time, resulting in substantial changes every seven to eight years. The City Manager noted another option would be side loading trucks, which are smaller and would require transfers to larger trucks, use of a transfer station, or additional runs to the landfill. Mr. Andy Van Teylingen, 415 North 15th, stated he can see advantages to use of the automated collection systems in the alleys; but the staff has indicated that 40 percent of the 04-14-86 - ~- .-- 144 pickups are made along the curb. He then noted that, as an architect, he has experienced problems which arise from following a supplier's specifications only to find they are inaccurate. He then indicated the issue at this time seems to be financial versus aesthetics, questioning whether the least expensive alternative is the best. Mr. Clarence Kommers, 1615 South Black Avenue #49, stated he feels aesthetics are an important consideration, since this is a beautiful community and should be maintained as such. He then noted that the large containers will not fit into his garage. I Mr. Bill Davis, 307 South Bozeman Avenue, questioned how the containers could be picked up along the street when cars often line both sides of the street. He also indicated under the pilot program, it took longer to pick up the automated containers. The City Manager stated that during the pilot program, the garbage crew has tagged those containers where parked cars have created problems, asking that the containers be re- located to provide adequate space for pickup. He then reminded the Commission that the attach- ment does take longer to use than an automated truck would, noting that it takes approximately eight seconds per stop with one of those trucks, He stated the major reason for the pilot program was to allow customers an opportunity to handle the containers and to alleviate some of thei r concerns. . Mr. Paul Brown, 1624 South Third Avenue, stated he does not feel the pilot program was valid as set up. He indicated he feels a specified area should have been selected, with everyone in the area trying the system to get valid results. Commissioner Jordan noted aesthetics have been mentioned more than once. He then questioned whether having the large black containers on the curb one day each week would be any uglier than the garbage containers now used on garbage collection day. Commissioner Martel noted that the garbage collection service in Denver is about evenly split between automated and manual systems. He indicated that review of the automated system shows that it increases the cleanliness of rentals and low-income areas; but the middle and upper middle residents are violently opposed to the system. City Manager Wysocki reminded the Commissioners that they had requested that the staff I conduct the pilot program as well as provide data on the costs of the two different types of services; and the staff has accomplished both those tasks. He further noted that the City must consider replacement of the current garbage trucks in the near future; and the Commission must determine which type of trucks is to be purchased. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission . not consider an automated garbage collection system at this time, but reconsider the option when the need for new garbage trucks arises again, leaving Option Nos. 1, 2 and 3 open for considera- tion at the May 5, 1986 Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Commissioner Jordan; those voting No being Mayor Mathre. B rea k - 5: 1 0 to 5: 26 p. m . Mayor Mathre declared a break from 5:10 p.m. to 5:26 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Update on CD Be program - Mike Money Senior Planner Mike Money presented an update on the Community Development Block Grant program. He indicated that under the present program, nine single-family, owner-occupied homes have been rehabilitated as well as three multi-family units. He noted five more multi- family units are under contract; and discussions are currently being held on an additional 25 apartment units for rehabilitation. The Senior Planner also stated the water line in the north- I east sector has been installed, at $8,000 below estimate. He noted that he is still working on the plans for the handicapped ramp at the Beall Park building. He then indicated that almost $258,000, or over 50 percent of the project monies, have been expended to date. Senior Planner Monf!Jy stated that the Department of Commerce has evaluated the program three times to date. He noted the first evaluation was on the administration of the program to determine whether it had been set up in accordance with the State and HUD guidelines. He stated that report listed several problem areas, but after discussions about four or five Items 04-14-86 145 needed to be addressed. He then stated the second evaluation was on the bookkeeping system for the program, which resulted in an excellent report. The third evaluation was on the adminis- tration of the program, and the only negative comment was on timing. The Senior Planner noted the program is to be completed in June; but he will be requesting an extension through the summer construction season. Mr. Chris Pazder reviewed the process followed from initial discussions through completion 1 of the project. He indicated that after an application for a grant or loan is received from someone located within the target area, which is the northeast sector of the community, an educational meeting is held with the applicant. The staff then verifies the eligibility of the applicant. Next, a review of the dwelling is made, preparing a write-up of the work to be done that is eligible for rehabilitation assistance. He noted those items consist of code deficiencies or general rehabilitation items which will bring the structure into general compliance with building code standards as well as safety and health guidelines. He also noted that the write-up includes consultation with architects and other professionals when necessary. Mr. Pazder then indicated that bids are solicited from the 25 bidders who are eligible to complete rehabilitation work through the program; and the lowest responsible bidder is awarded the contract. He stated the loan servicing agent, which is the Bozeman Federal Credit Union, also completes a financial pro forma on the property during the bidding process to determine the financial feasibility of the project. He also noted that the Historic Preservation Officer reviews the project to determine any historic significance. Chris Pazder then stated the application is submitted to the Loan Review Committee; and they submit their recommendation for approval or denial to the Commission for action. He noted that this agenda item is the Commission's first contact with the project. Mr. Pazder stated after the Commission approval, the construction agreement with the contractor is prepared; and a meeting is set up with the applicant and the contractor to review liabilities and responsibilities of all parties involved. Once the contract is signed, the applicant goes to the loan servicing agent for initial closing. Chris Pazder stated once construction has I begun, he reviews the site often to make sure the work is being completed according to the contract; and the Building Inspector reviews the site to determine that the work meets the code. After construction has been completed, during which partial payments are made, the site receives a final inspection. When the contractor has submitted his final bill and the lien waivers, and a satisfactory final inspection has been made, the applicant completes the final closing. Senior Planner Mike Money stated that once the Loan Review Committee has reviewed the applicant and submitted its recommendation, he submits a memo to the Clerk of the Commission. He noted the information on that memo is available to the Commissioners, though it is not sent in the packets for the agenda. The Senior Planner stated that this procedure protects the applicants from public scrutiny as much as possible. noting that was one of the problems incurred during the previous program. Senior Planner Money then reviewed the monitoring procedure which will be followed once a project has been completed. He noted that the loan servicing agent will monitor the loan payments, following up on delinquent payments when necessary. He stated if that follow-up does not result in payment, the loan servicing agent will contact him; and the matter will be brought before the Commission for action. The Senior Planner stated that no income generated from this program may be spent until the current program has been closed. He stated the City may then use the program income for any HUD eligible activities. Senior Planner Money then stated when a contractor submits a claim for payment, Chris Pazder reviews the claim and initials it before submitting it to him for review. Mike Money I stated he gives final approval for payment, after which the Credit Union issues the payment to the contractor. He then noted that during the initial closing of the grant or loan. it is established for the amount plus ten percent to cover any contingencies. Senior Planner Mike Money then reviewed the administrative procedure which has been established for this program, noting that the Department of Commerce plans to use it as a model for other communities to follow. He briefly reviewed some of the administrative duties, noting that he must make sure all projects comply with the grant application and the State and HUD regulations as well as equal opportunity regulations. The Senior Planner stated he has also 04-14-86 14G established a bookkeeping system so he knows what portion of the monies have been expended or committed; and he reviews those figures often with the Department of Finance to be sure they balance. He then reminded the Commission that the City has a contract with Housing Development Associates to administer the program; but after this year, they will no longer be involved. Senior Planner Money stated some changes will be required in the program as contained in the application to expend all of the monies. He noted that the 44 units of rehabilitation were split into 10 owner-occupied and 34 rental units, based on one anticipated large project. He 1 noted that the anticipated project has not materialized, nor have any of the several potential projects. He also noted that the application initially anticipated 24 renter assistance vouchers and certificates, with another 10 being avai lable through H RDC. The 10 vouchers are no longer avai lable through H RDC; and there are currently 20 vouchers and certificates in the community. The Senior Planner noted that of the 34 rental rehabilitation units, 10 are under the CDBG program and 24 are under the rental rehab program. He noted that under the combi ned program, all units must be shown to benefit low- and moderate-income families. This makes it difficult to rehabilitate large existing apartment units because if anyone does not qualify and is displaced, the program must then provide funding for displacement of those individuals, at an approximate cost of $3,000 to $4~000 per unit, making the project not feasible. Senior Planner Money stated he will seek a program extension through September 1986, if approved by the Commission, which wi II allow one full construction season in which to complete the projects. He also indicated he will request an amendment to provide more single-family rehabilitation units. Mr. Chris Pazder showed before and after slides of some of the projects which have been completed under the current CDSG program as well as slides taken during rehabilitation showing the different types of work being completed. Senior Planner Mike Money stated if the City wishes to submit an application this year, it must review the needs assessment to determine if it is still applicable or needs to be revised. He stated the deadline for application is August 1, 1986; and if the Commissioners wishes to proceed, the process should be started as soon as possible. He noted two publ ic hearings are 1 required in addition to review of the needs assessment. The Senior Planner suggested that the Commission authorize him to draft a letter to the Department of Commerce requesting an extension of the current program, for the Mayor's signature. He also suggested that the Commission appoint a hearings officer to proceed with the public hearings for next year's grant application, noting he would be willing to assume that responsi- bility. Commissioner Martel expressed concern about the process through which the Commission approves the loan applications, noting the Commissioners do not know on what application they are voting. He suggested the information could be submitted in the packets in an envelope marked "confidentlal. II Senior Planner Money once again indicated that the information is available in the Clerk of the Commission's office. He noted under the current process for distributing information, any items put into the Commissioners' packets are publ ic information and, therefore, open to scrutiny by the press and the public. He noted that maintaining a degree of confidentiality has helped to make this program more successful than the previous program. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize and direct Mike Money to draft a letter to the Department of Commerce requesting an extension for the current COSC program, for the Mayor's signature. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission appoint Senior Planner Mike Money as hearings officer, and authorize and direct him to proceed with the hearing process for an application for next year's program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. 04-14-86 147 Interpretation of Zoning Code re garbage transfer stations - Lowell Springer City Manager Wysocki submitted to the Commission a letter from Mr. Lowell Springer, representing Three Rivers Disposal, requesting an interpretation of the Zoning Code to allow construction of a garbage transfer station in an M-l, Commercial--Light Manufacturing, zone. He also submitted memos from Building Official Gene Yde and Planning Director Steve Lere, both indicating they feel the use would be more appropriate in an M-2, Manufacturing and Industrial, 1 zone. Mr. Lowell Springer, architect, stated this request has been submitted to the Commission because the applicant would like to construct a garbage transfer station at its current site of business at 515 East Aspen Street, which is located in an M-l zone. He indicated that he prepared the plans for the facility and submitted them to the Building I nspection Division, and was told- that this specific use was not listed In any zone. Mr. Springer then briefly reviewed the 25 permitted uses in the M-l zone, indicating that he feels three of those could apply to the proposed garbage transfer station, including accessory use, public utility facility, and truck and rail terminal facilities. Lowell Springer then stated that the proposed building would be fully enclosed and would allow for the clean, orderly transfer of garbage from a truck to a 114-yard trai ler which would then be taken to livingston or Logan for disposal on a daily basis. Mayor Mathre asked how long garbage would be stored in the facility. Mr. Springer Indicated that, with one or two trips being made daily, possibly a partial load would remain in the facility overnight. Mr. Bob Fagliano, Three Rivers Disposal, stated that the proposed system would be better than the current system. He noted that the trucks usually sit in the yard overnight with partial loads because the City charges for a full load each time a truck enters the landfill. He then indicated that at the present time the small trucks are emptied into the larger trucks by dumping the garbage on the ground and then picking it up and putting it into the larger vehicle for transporting to the landfill or to Livingston. Mr. Fagliano stated the proposed transfer I station would move the current operation being handled outdoors into a building; and it would provide a more efficient method of transporting the garbage to a disposal site. Mr. Lowell Springer then showed drawings of the proposed building and where it would be located on the south side of the subject site to the Commissioners. Commissioner Vant Hull asked if it would be possible to construct the building on the north portion of the site, where it would be further removed from current residential uses.. Mr. Fagliano stated that ingress and egress patterns are from East Tamarack Street; and moving the building to that portion of the site would create more difficulty in moving the trucks around the site. Commissioner Jordan asked if the State Statute addresses garbage transfer stations. The City Attorney indicated the issue is not addressed under the land use section or the zoning section; however, she has not reviewed any of the other portions of the Statute to see if garbage transfer stations are addressed. Mayor Mathre asked if a garbage transfer station does fit into any of the three uses listed by Mr. Springer. City Attorney Crumbaker-Smith stated that the definition in Section 18.04.020 of the Bozeman Municipal Code states '''Accessory use, structure or building' means the use of land, a structure or a subordinate building or a portion of a main building which is secondary or incidental to the principal use or structure." She then indicated that the definition for "public utility facility" is listed in the Code; and a garbage transfer station would not fit into that definition. She noted that whether a garbage transfer station would fit into a truck and rail I terminal facility is a judgment call. Mayor Mathre then cited three sections of the Bozeman Municipal Code to be considered during the decision-making process on this request, as follows: 18.06.050 Classification of particular uses--City commission authority. If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the city commission shall determine the appropriate classification for that use. In interpreting use classification, the city commission shall determine: 04-14-86 148 A. That the use and its operation are compatible with the uses per- mitted in the district wherein the use is proposed to be located; B. That the use is similar to one or more uses permitted in the district wherein it is proposed to be located; C. That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; D. That neither the intent of the ordinance nor the intent of the dis- 1 trict wi" be abrogated by such classification. 18.34.101 Intent The intent of the M-l, commercial--Iight manufacturing, district is to provide for the community's needs for wholesale trade, storage and warehous- ing, trucking and transportation terminals, light manufacturing, and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential developments; therefore, some type of screening may be necessary. Residences shall not be permitted in this district. 18.36.010 Intent The intent of the M-2, manufacturing and industrial, district is to provide for heavy manufacturing and industrial uses, serving vocational and employment needs of Bozeman residents. The Mayor noted that the City staff has evaluated the matter and has indicated it feels this use is more appropriate in the M-2 zone, while the applicant indicates that he feels it is more appropriate in the M-l zone. Commissioner Vant Hull asked if this use will be considered a conditional use, requiring a public hearing. City Attorney Crumbaker-Smith stated that the Commission may determine whether a garbage transfer station is more appropriate as a permitted use or a conditional use in whichever I zone they deem most appropriate. Commissioner Vant Hull stated she would like to conduct a public hearing prior to making a determination on this issue. Commissioner Jordan stated he feels the proposed use should be listed as a conditional use, whether it be in the M-l or M-2 distriCt. He noted that garbage transfer stations are relatively new; and the City should apply conditions it feels are necessary to be sure the use does not jeopardize the area. Commissioner Stiff asked if the fact that the proposed structure is completely enclosed establishes any type of criteria to distinguish between a transfer station and a area for parking trucks. The City Attorney indicated the matter can be covered in a definition, suggesting that the definition be for an "enclosed garbage transfer station." Mr. Bob Fagliano reminded the Commission that the subject site was formerly used by Montana Power Company as their service area. He stated his business has been in that location for the past five or six years; and they have conducted business in the manner he has described. Mr. Fagliano indicated that this request has been submitted as a way in which to clean up the operation. City Manager Wysocki suggested that the Commissioners go through the lists of permitted uses in the M-l and M-2 zones, considering what types of permitted uses would be compatible or incompatible next to a garbage transfer station. He also suggested that the Commissioners consider existing development within the zones. The City Manager noted that the City staff has I completed that review and determined it is more appropriate in the M-2 zone. Commissioner Stiff expressed concern that this use could become a sanitation problem and asked who would monitor the operation. Bob Fagliano stated that the Health Department would monitor the operation like they do now. He further indicated that his is the only business licensed by the Public Service Commis- sion to operate in this area besides the City. Commissioner Jordan asked if the business does any separating or recycling. Mr. Fagliano indicated they do not; but a complete transfer is made. 04-14-86 --------- 11+ 9 Commissioner Jordan asked if the water from hosing down of the facility goes into a retaining basin to be pumped out later. Bob Fagliano stated that when the transfer facility above is hosed down after the transfer trailer has been filled, the water goes into another trailer. He noted the sump pump below is to take care of the snow and salt that comes in on the trailer. Commissioner Martel noted the item before the Commission is a classification of the re- I quested use in the appropriate zone. He suggested that the Commission look at similarity and compatibility of this use with existing permitted uses to determine whether the use is more appropriate in the M-l or M-2 zone. B rea k - 7: 1 5 to 7: 23 p. m . Mayor Mathre declared a break from 7:15 p.m. to 7:23 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Interpretation of Zoning Code re garbage transfer stations (continued) - Lowell Springer Mayor Mathre reminded the Commission that it must consider the four criteria listed in Section 18.06.050 of the Bozeman Municipal Code, as listed above, while making its determination. The Commissioners then considered this issue, reviewing the permitted uses listed for the M-l and the M-2 district as well as the intent statements as listed above, and applying the four criteria statements. Assistant City Manager Barrick reminded the Commissioners that the decision before them at this time is a land use decision only, and not based the proposed structure or the location. He noted the question to be answered is "should it be allowed in the M-l zone. II It was moved by Commissioner Vant Hull that the Commission table the decision for a period of one week to allow the Commissioners time to obtain additional information. The motion died for the lack of a second. It was then moved by Commissioner Jordan that the Commission determine that enclosed 1 garbage transfer stations be allowed as a conditional use in the M-2 zone. The motion died for the lack of a second. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that enclosed garbage transfer stations be allowed as a conditional use in the M-l zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff and Commissioner Jordan; those voting No being Commissioner Vant Hull and Mayor Mathre. Presentation of annual report for the Library - Beverly Knapp, Library Board of Trustees City Manager Wysocki stated that the Library Board of Trustees requested this item be placed on the agenda. Ms. Beverly Knapp, Chairman of the Library Board of Trustees, gave the Commissioners copies of the annual report for the library for 1985. She noted that during the past year, the I ibrary answered over 6,700 reference questions, showing the need for the reference librarian recently hired. She also stated that over 1,000 inter-library loan transfers were made. Ms. Knapp noted that well over 5,000 new patrons were registered; and everyone now carries his or her own library card because there is not adequate space to file them at the library. Commissioner Martel noted that the large screen television and video cassette recorder have been valuable for meetings held in the community room. Ms. Knapp stated the library is attempting to keep up with technology; and the Friends of the Libraries have been helpful in achieving that goal. The Commission thanked Ms. Knapp for her presentation. 1 Discussion - spring clean-up City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda. Mayor Mathre noted that the spring clean-up has been announced, but the dates for possible opening of the landfill have not yet been determined. She then suggested that the landfill be opened for the next two Saturdays. 04-14-86 150 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the City waive the landfill fees on April 19 and April 26 for the spring clean-up campaign, except to commercial haulers. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - fees for community garden plots 1 City Manager Wysocki stated that COfl'IfFli-ssioner Jordan had requested this item be placed on the agenda. Commissioner Jordan questioned whether the garden plots really pay for themselves, and whether the $25.00 fee actually covers the costs of irrigation. He then indicated another con- cern is that the City is subsidizing those owning expensive homes who do not wish to tear up their lawns for gardens. He also noted that the list of renters includes some with post office box numbers and no indication of whether they are city residents. The City Manager stated that as of Friday, 12 of the 40 plots at Langohr Park were still open; and 23 of the 32 plots at Westlake Park were open. He then indicated that the Recreation Superintendent has sent letters to those who have reserved plots stating that all watering restrictions must be observed. Mayor Mathre stated she feels the garden plots should be available to anyone who wants to use them, as long as an adequate number of plots is available. She then indicated an interest in continuing the break in fees for the plots in Westlake Park used by low-income families. Ordinance No. 1201 - establishing authority for watering restrictions during water shortages City Manager Wysocki presented Ordinance No. 1201, as prepared by the City Attorney, entitled: ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AUTHORIZATION TO ELIMINATE OR CURTAIL 1 OUTDOOR WATER USES NOT ESSENTIAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR RESTRICTIONS ON PARTICULAR INDOOR USES; AND PROVIDING FOR PENAL TIES FOR VIOLATION INCLUDING TER- MINATION OF WATER SERVICE. City Manager Wysocki reminded the Commission that they had provisionally adopted this Ordinance on March 31, 1986. He then recommended that the Commission finally adopt the Ordinance at this time. Commissioner Martel expressed several concerns with the wording of the Ordinance. He indicated that he feels that Section 13.21.030 should contain the additional provision "and approval of the City Commission." The Commissioner also questioned the provision for "absolute liability" contained under Section 13.21.120. The City Attorney indicated that "absolute liability" provides that the water user or the individual contracting for service at the location where the water is turned on during restricted hours is responsible, and removes the need to prove who turned the water on. Commissioner Martel then expressed concern about the different language in the Sections 13.21.110 and 13.21.120, indicating the first section refers to "misdemeanor" while the second section refers to "criminal offense." The Commissioner then suggested that the word "criminal" be replaced with "misdemeanor," which sounds less harsh. Commissioner Martel once again indicated concern about the severity of the fines. He stated he hopes that the City Judge will suspend the majority of the fine in most cases. It was moved by Commissioner Stiff, seconded by Commissioner Jordan, that the Commission finally adopt Ordinance No. 1201, establishing the authority to restrict water usage during water I shortages. The following amendment was then placed on the floor: It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the word "criminal" be changed to "misdemeanor" in Section 13.21.120. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Martel; those voting No being Commissioner Jordan, Commissioner Stiff and Mayor Mathre. 04-14-86 151 The original motion, to finally adopt Ordinance No. 1201, then carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Marte/. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. I (1) A copy of a Judgment listed in the State Reporter in the case Montana Contractors' Association, Inc. vs Department of Highways concerning disposition of gasoline a;ld vehicle fuel tax monies, as submitted by City Attorney Crumbaker-Smith. (2) The City Manager noted that Commissioner Martel has indicated an interest in touring the Water Treatment Plant and asked if anyone else wished to tour the facility as well. No one else indicated a desire to take the tour. (3) The City Manager indicated that he and Commissioner Stiff attended the State Highway Commission meeting on Friday; and he submitted a presentation on the third interchange. The City Manager indicated that the Commission hesitantly invited him to submit another presentation at the September meeting. (4) The City Manager indicated that he and Director of Finance Gamradt will travel to Great Falls later this week to meet with the City Managers from the other larger cities in Montana to discuss various topics, particularly those relating to the budgeting process. (5) Commissioner Vant Hull distributed copies of the article entitled "Council to Consider SID Review" in the Billings Gazette recently, concerning the Billings City CounciJls intent to stop creating SID's on raw land. (6) Commissioner Martel indicated that he has received complaints about an occupied residence which is bulging with stacks of newspapers and other unattractive items. He then asked if there is any action which the City may take, since the neighbors feel this situation is a public nuisance and dangerous to the area. The other Commissioners and City Manager indicated they are aware of the situation, but the City has been unable to take action. I (7) Mayor Mathre indicated she has placed a couple items on the table for Commissioner review. (8) Mayor Mathre noted the meeting has been lengthy, eliminating the possible discussion on goal setting. She then asked that the Commissioners submit their lists of goals to the Clerk of the Commission in writing, for compilation and discussion at the May 5 meeting. Street - acier It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and that 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 Martel, Commissioner Vant Hull, Commissioner I Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Adjournment - 8:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: 04-14-86 Clerk of the Commission