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HomeMy WebLinkAbout2002-04-29 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 29, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 29, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Proclamation - "Loyalty Day" - May 1, 2002 Included in the Commissioners' packets was a copy of the proclamation, which Mayor Steve Kirchhoff read into the record. Ms. Donna Daems thanked the Commission for this proclamation and encouraged everyone to say the pledge of allegiance at 3:00 p.m. on May 1, wherever they might be. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Minutes - January 18, 2000, and April 8, April 15 and April 22, 2002 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meeting of April 15, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner ¥oungman and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 8 and April 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Law Day" - May t, 2002 Approve request for one-year extension of preliminary plat approval for Baxter Creek Business Park, to June 21,2003 (subdivide 17.56 acres located on the western edge of the Valley West Annexation. alonQ US HiQhwav t 91., into ei.qht lots for commercial development) (P-9907) Approve request for extension of planned unit development approval for Baxter Creek Business Park, to June 21, 2003 (to allow development of 8-lot commercial business park subdivision on 17.$6-acre tract on the western edge of the Valley West Annexation, along US Highway 19t ) (Z-9939) 04-29-2002 -2- Authorize City Mana.qer to si.qn - Release and Reconveyance of Easement - to Louis R. and Charline R. Spain - across Tract 12 and the south half of Tract 11, Sourdouqh Hills Subdivision (for old water transmission line) Authorize City Manager to si,qn - Release and Reconveyance of Easement - to David P. and Esther Anna Garber- across Tract 13, Sourdouqh Hills Subdivision (for old water transmission line) Authorize City Mana.qer to sign - Addendum to Site License Agreement - TW Wireless, L.L.C. - to prorate first year license fee Authorize expenditure of $2,707.t3 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period July 1, 2001 through December 3t, 2001 Commission Resolution No. 3516 - intent to annex 29.152 acres described as Lot 4A, Minor Subdivision No. 221A (containinq 27.730 acres), and the abandoned Roxi Lane riqht-of-way abutting the eastern boundary of said tract (containing 1.422 acres) (school bus barn site on North 27th Avenue, west of Costco); set public hearing for May 28, 2002 COMMISSION RESOLUTION NO. 3516 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Appointment of Commissioner Hietala and Commissioner Brown to subcommittee to review Pledqed Securities as of March 31, 2002 Claims It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Ordinance No. 1563 - Zone Code Amendment - amending Chapter 18.04 and Section 18.34.020 of the Bozeman Municipal Code by adding a new definition for"food processin; facility", addin.q said as principal permitted use in M-1 district, amendinq permitted use of"restaurants" in M-I district, and addinq "restaurants servinq alcoholic beveraqes" under certain circumstances as a conditional permitted use in M-1 district (Z-02016) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1563, as approved by the City Attorney, entitled: ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.04 AND SECTION 18.34.020; BY ADDING A NEW DEFINITION FOR "FOOD PROCESSING FACILITY," ADDING "FOOD PROCESSING FACILITY" AS A PRINCIPAL PERMITTED USE IN M-I (LIGHT MANUFACTURING) DISTRICTS, AMENDING THE PERMITTED USE OF "RESTAURANTS" IN M-1 (LIGHT MANUFACTURING) DISTRICTS, AND ADDING "RESTAURANTS SERVING 04-29-2002 -3- ALCOHOLIC BEVERAGES" UNDER CERTAIN CIRCUMSTANCES AS A CONDITIONAL PERMITTED USE. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Ordinance No. 1563, amending the zone code by adding a new definition for "food processing facility" and adding that use as a principal permitted use in the "M-I" zoning district, amending the permitted use of "restaurants" and adding "restaurants serving alcoholic beverages" as a conditional permitted use in the "M-I" district in certain circumstances, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Presentation to Commission re detention center - Citizens for a GCDC Included in the Commissioners' packets was a memo from Brian Leland, member of Citizens for a Gallatin County Detention Center (GCDC), requesting permission to make a presentation to the Commission regarding the detention center. Mr. Dave Penwell, Chair of the Citizens for a Gallatin County Detention Center, stated that the issue of a new jail has been studied since 1991, and it seems everyone now agrees a new jail is needed. He stated that the ballots for a new jail on West Oak Street are to be mailed out on June 26 and must be returned by July 17. He stressed that there is no guarantee a bond issue would appear on the November ballot since doing so requires a unanimous vote of the County Commission. Also, he stated that a 40- percent voter turnout is required to approve a bond issue by simple majority; if there is a 30-percent voter turnout, a 60-percent majority is required for passage; and if there is under a 30-percent turnout, the election is not valid. He cautioned that failure of either or both issues will result in the inability to place this item on the ballot for a year; and, in the meantime, costs increase at $600,000 per year. Mr. Penwell stated the West Oak Street site is the best since the facility will cost less to build and less to operate, and it makes sense for the future. He stressed that if the bond issue passes, the new jail will not open until 2005; and, in the meantime, a jail built to accommodate 37 prisoners will continue to hold an average of 70 prisoners. Mr. Brian Leland, member of the Citizens for a Gallatin County Detention Center, stated the opposition agrees on the size of the facility; the only issue is the site. He stated that in 1995 and 1996, the County undertook a capital facilities planning process, and the jail surfaced at the top of the list. Dudng that process, all County facilities were reviewed. The Law and Justice Center, which was constructed in 1962 as the Holy Rosary High School and which the County purchased in 1978, was reviewed by engineers and architects. He indicated that they identified $3 million in improvements to bring the building up to standards and cautioned those costs could double once the project is undertaken. He also noted that further expansion will likely be needed as the County prepares for the addition of a third District Court in the next seven to ten years; and the costs of renovation at this site could reach $11 million while the costs of new construction would be closer to $7 million. Mr. Leland stated the proposed West Oak Street site is wholly owned by the County at this time. Under the GCDC proposal, construction of a new jail on that site would be undertaken at this time, with a new Law and Justice Center to be constructed in the next seven to ten years. After the new site is completed, the South 16th Avenue property could be sold for an estimated $3% to $5% million, thus wdting down the costs of the new facility. At Commissioner Brown's request, Sheriff Jim Cashell reviewed the renderings for the new jail facility. He stated the jail is to be constructed with 144 beds. He stressed, however, that unless the jail's population is in exactly the same breaks as the jail's configuration, not all beds will be filled when the jail is at capacity. He reviewed the proposed configuration and characterized it as a direct supervision jail. He stressed that this new facility will allow for much closer supervision of the inmates than is currently available and will result in greater safety for the inmates. He indicated that the infrastructure to be constructed in the proposed jail will support additional pods, thus reducing the costs of expansion. At Mr. Penwelrs request, Sheriff Cashell turned his attention to transporting costs, noting that 80- percent of all court actions involving prisoners are done through video. He stressed that the majority of costs result from court time, and the addition of 15 or 20 minutes for transporting will have minimal impact on the overall costs. 04-29-2002 -4- Mr. Leland noted the Town of West Yellowstone has passed a resolution calling for the County to do something on the jail issue. He then asked the Commission to consider what it might do to support or encourage voters to carefully look at this issue, including the possibility of providing a public forum to receive additional information. The Commissioners recognized there is an opposing group, the Citizens for Cost Effective Public Safety, who should be given an opportunity to present their side when the Citizens for a Gallatin County Detention Center return for a more lengthy presentation. They asked that these presentations be set for an afternoon Commission meeting, possibly on May 13 or 28. The Commissioners thanked the GCDC for their presentation. Review of proPosed traffic calminq pedestrian facilities at the intersection of North 11th Avenue and West Oak Street for the Oak Place Planned Unit Development Included in the Commissioners' packets was a memo from Project Engineer Bob Murray, dated April 1, 2002, forwarding a proposal for installation of a median on West Oak Street at North 11th Avenue in conjunction with the Oak Place Planned Unit Development. Project Engineer Bob Murray reminded the Commission that Condition No. 43 for the Oak Place Planned Unit Development requires the installation of traffic calming pedestrian facilities across West Oak Street at its intersection with North 11th Avenue and in the general vicinity of the pedestrian trail corridor prior to commencement of development in Phase II. He further reminded the Commission that, in November, staff came in with potential curb bulbs and, at that time, it was determined those facilities would not be beneficial at the intersection of a collector and an arterial. Staff was then directed to come back with an option showing a median and providing cost estimates. Project Engineer Murray reviewed the proposal for a median, which he estimated would cost $46,000. In addition, street lights would cost an estimated $22 to $24 per month; and the landscaping in the median would need to be maintained. He then forwarded staff's concerns about the median, noting the primary concern is that it does not provide for getting pedestrians safely across the road because its leading edge is short of the crosswalk. He noted this is the same as the situation on North 7th Avenue, where the crosswalk is in front of the median, and people stand in front of the median. He also cautioned that the median could encourage pedestrians to cross the street further east, in the fat part of the median, where drivers are not expecting to see pedestrians. Also, he questioned the benefit of providing for pedestrian crossings when there are minimal pedestrian facilities on either side. The Project Engineer suggested that improvements such as medians should be constructed in larger chunks than proposed in this plan. He cautioned, however, that until it is determined whether North 9th Avenue is to be constructed, it seems inappropriate to install a median that may need to be removed later to accommodate an intersection. Mayor Kirchhoff briefly reviewed the history of the Commission's concerns and the requirements imposed on this development. In light of the Commission's desire to slow traffic so pedestrians could cross, the idea of curb bulbs on West Oak Street and North 11th Avenue was considered and then rejected when it was found the turning radius was unacceptable. He pointed out, however, that the recent demonstration could suggest a different minimum acceptable standard. Project Engineer Murray responded that the demonstration was for a local/local intersection where fire trucks and other large vehicles were allowed to use the entire intersection to get through. He stressed that in a local/collector or larger intersection, a majority of the time there will be a car on at least one leg, so a vehicle must remain in its own lane, which is where the turning radius problems arise. Responding to Commissioner Youngman, Project Engineer Murray suggested that the best way to create a safe crossing for pedestrians is through signalization when warranted. He suggested one option for meeting this condition would be to require a waiver of dght to protest the creation of a special improvement distdct for signalization and median improvements. 04-29-2002 -5- Mr. Greg Allen, applicant, stated a waiver would be acceptable to him, noting that, without a light at the intersection, requiring the installation of a median does not seem to make sense. Planning Director Epple suggested another alternative would be to require the applicant to enter into an improvements agreement. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission direct staff to bring back for Commission consideration an improvements agreement with the condominium association that requires construction of a median at the time the intersection of North 11th Avenue and West Oak Street is signalized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Review of application for loan from the CDBG Economic Development RevolvinQ Loan Fund - ImpleMax Equipment Co., Inc. Included in the Commissioners' packets was a copy of the application for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund as submitted by ImpleMax Equipment Co., Inc. Also included in the packet was a letter from the Gallatin Development Corporation providing an overview of the request and forwarding the CDBG Economic DeveloPment Loan Review Committee's recommendation. Kent Wood, Gallatin Development Corporation, read into the record a letter dated Apdl 25, forwarding the CDBG Economic Development Loan Review Committee's recommendation for approval of the requested loan. He noted that this is the second loan being requested by ImpleMax; since its inception in 1994, and will result in a total of $250,000 being borrowed from this fund for the continued operation and expansion of this business. He forwarded the Committee's recommendation that the $160,000 loan be for a five-year term at 5 percent interest. Further, the initial loan is to be in the amount of $60,000 with. the remaining $100,000 to be loaned based on 60 percent of the monthly accounts receivable. He stated the company proposes to hire 25 new employees over five years, with those employees earning over $40,000 annually. Mr. Will Callahan, President of ImpleMax Equipment Co., Inc., stated the company has recently signed contracts with Case/New Holland and Caterpillar. He noted that they provide high-quality specialty attachments for that equipment and are expanding their line. He stated they make two lines of grapple hooks that fit on skid steers and small loaders, and those attachments are manufactured locally and distributed nationwide. The third product line is a silt fence installer that stitches the fence into the ground, and this loan will help them satisfy their recently-signed contracts. With this new product line and new contracts, Mr. Callahan projected that the business is looking at five to six-fold growth in one year, and the requested loan will help to accommodate that growth and keep the business in Bozeman. He indicated that they will continue to develop new product and to prove that, as one of four companies chosen from over twenty companies competing for contracts with the large implement manufacturers, .they can continue to perform and meet their contract obligations. Responding to Commissioner Brown, Mr. Callahan noted that Midwest Industries builds the steel portion of their product line; and that business has adequate storage space to accommodate the growth of his.company. Responding to Commissioner Hietala, Mr. Callahan indicated his biggest Challenges include generating adequate capital for the expanding business. He noted that he has hired four employees since January and anticipates hiring another four or five employees yet this year to meet the demands of his contracts. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the application submitted by ImpleMax Equipment Co., Inc., for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund in the amount of $160,000, subject to the following conditions: the loan shall be ·for a pedod of five years at a 5-percent interest rate; and $60,000 shall be loaned initially with the remaining $100,000 to be loaned in increments based on 60 percent of the monthly accounts receivable. The motion carried by the following Aye and No vote: those 04-29-2002 -6- voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Review of application for replacement of bridqes along the Galla~ator Trail at South Black Avenue and Langohr Park Included in the Commissioners' packets was a memo from Histodc PreserVation Planner Jim Jenks, dated April 22, forwarding a proposal to construct three bddges along the Gallagator Trail, two of which aro located inside city limits. Assistant Planner Susan Kozub, representing Histodc PreserVation Planner Jenks, stated the Gallatin Valley Land Trust proposes to construct three new bridges to replace the existing deteriorating bridges. The bridges are located at South Black Avenue and Langohr Park on the Gallagator Trail and on the Sourdough Trail just north of Goldenstein Lane. The first bridge is located in a neighborhood conserVation overlay district and thus requires a certificate of appropriateness; the second bddge is located on City-owned property and thus requires Commission approval; and the third bridge is located outside city limits and requires no Commission action. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria and has forwarded a recommendation for approval of the two bridges located inside city limits. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the proposed replacement of bridges along the Gallagator Trail at South Black Avenue and at Langohr Park. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Concept review - preliminary ~)lat for Broadway Boulevard Minor Subdivision - subdivide 33.2042 acres into 5 lots for Residential-Office and Residential--High-density development (P-02013) Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated April 24, forwarding the pre-application for the Broadway Boulevard Minor Subdivision. Assistant Planner Karin Caroline gave a bdef overView of this pro-application for preliminary'plat. She noted that several different proposals for development of this property have been submitted for Commission consideration over the years. She stated this application is for a smaller aroa than previously considered and contains only a small of aroa of active wetlands and some nominal wetlands. She concluded by indicating that the Bozeman 2020 Community Plan designates this aroa for residential development. Mr. Michael Delaney, applicant, stated this plan has the full endorsement of the Northeast Neighborhood Association (N E NA). He solicited Commissioner comments on the linear park easement, the type of trail required, the proposed requirement for an historic inventory of the property, connecting streets to adjacent properties and requirement for a secondary access. He noted that providing a wider linear park easement is no problem; however, he is extremely concerned about the requirement to provide a trail meeting ADA specifications, particularly in light of some of the topographical constraints on the property and the costs that a developer may incur by failing to meet the ADA standards. Mr. Delaney indicated that, while he is willing to provide the histodc inventory required, he is concerned about how long that process might take and requested that this inventory not be required in conjunction with submittal of the application for preliminary plat. Mr. Delaney stated his biggest concerns revolve around the reqUirements for connecting streets to adjacent properties and a secondary access, particularly in light of the topographical constraints of this site and the adjacent parcels. He noted this property includes a railroad berm and some Wetlands, precluding reasonable access to the adjoining lands. He posted a rendering of the proposed subdivision, noting its single access is to be at East Mendenhall Street extended. He stressed this single access is in direct response to.concerns voiced by members of NENA about the negatives a proposed access at East Lamme Street might create. He also noted that the members of NENA voiced concern about the potential of a street 04-29-2002 through this subdivision that would connect to Front Street, and he is concerned about the p°ssibility of truck traffic through a residential development. In light of those concerns, he asked if the Commission would give favorable consideration to variances to the requirements for connector streets to adjacent properties and to the secondary access requirement. .. Mr. Delaney turned his attention to the proposed design for the development, which is to be served by a boUlevard with essentially two one-way streets separated by a tree-lined center median. He indicated that the cul-de-sac is actually a large circle. The two office buildings at the entry are to be mirror images and similar to the new 777 building. The residential units are to be studio to three-bedroom condominiums in three or four-story buildings with a Spanish colonial look. He stressed that this development is to be well lit and is to be pedestrian fdendty. He then indicated that this 33-acre parcel is part of the 76-acre parCel considered in previous development proposals. Responding to Planning Director Epple, Mr. Delaney stated he is interested in' subdividing this property into lots, allowing the potential for another party to purchase and develop one or .more of the lots. He stressed that his company would design the entrance to the project, the streets, sidewalks, lighting and at least the first building and would ensure adequate restrictions are in place to result in the level of development anticipated. Responding to Commissioner Brown, Mr. Delaney stated there is adequate sewer capacity in the trunk line along North Broadway Avenue. He noted there is one bottleneck in the line along' North Rouse Avenue, but that portion of the line is scheduled for replacement this summer. Commissioner Youngman stated she has no problem with only a portion of the trail system 'being constructed to ADA standards, with those portions of the trail in difficult topographical areas being designed to a more challenging standard. She stressed, however, that the ADA portion of the trail should include some connection points. MaYor Kirchhoff voiced hesitance to respond to technical questions until a specific proposal is before the Commission. He recognized that this is a difficult piece of property to develop, characterizing it asa "little bird nest". He noted that the topographic features make designing a grid street system very difficult, but he voiced concern that no attempt has even been made to do so. ' . Commissioner Brown characterized this as an innovative proposal for developing a tough piece of property. The Commission thanked Mr. Delaney for the opportunity to review this prOposal. Break - 5:10 to 5:20 p.m. Mayor Kirchhoff declared a break from 5:10 p.m. to 5:20 p.m., in accordance with Commission policy. Discussion-re City's participation in Gallatin County Solid Waste Manaqement District Included in the Commissioners' packets was a letter from the Gallatin County Commission, dated April 11, forwarding written responses to the City's questions regarding the proposed ·solid waste management district and requesting a response by April 26. City Manager Johnson stated he still has some concerns about the issues he had previously raised and, before he could recommend joining the solid waste management district, the proposed resolution would need to be revised to address those issues. He noted the City should finish filling its landfill before moving to.a new landfill, and he is confused about the proposed rate structure. He cautioned that the solid waste district will assume debt and, if the tipping fees don't cover those costs, the governing agencies will be responsible for those costs. He is also concerned about the lack of control on the flow of waste. He recognized that the district will need all of the waste in the county to make the distdct financially feasible; however, he suggested that a potential electrical generator in Livingston that bums biomass might be an option for the City to consider. He cautioned that, in addition to the tipping costs at Logan, city residents 04-29-2002 -8- will be asked to cover the costs of constructing a transfer station; and the result could be very high solid waste costs. He concluded by stating there are other opportunities available that should be explored prior to making a decision. Commissioner Brown noted that he has attended some meetings on this issue. He recognized that the County would like to proceed with the formation of this district, and it would be easier if Bozeman were involved. He noted, however, that not all of the City's questions have been answered. Mayor Kirchhoff noted that not all of the options have been discussed, or necessarily identified; and it would not be appropriate to make a decision until those options have been debated. The City Manager noted this is his hesitation as well. He noted that once the City makes a commitment to the district, it must make the district successful. He cautioned that this goes far beyond the City's borders and puts the City in a system with different values on how solid waste is handled, citing the recycling program and small containers as examples of the City's commitment not present in the county. He acknowledged that promoting lower volumes of waste directly competes with an entity's interest in selling landfill space to cover the costs of indebtedness. Commissioner Youngman noted that the development of a composting facility similar to the one at West Yellowstone would also result in incurring debt, and that would be in direct competition to the retirement of landfill debt. Mayor Kirchhoff characterized this as a significant venture, noting the decisions will have both environmental and fiscal impacts. He then noted that this discussion reveals the need for meeting with the County Commission, possibly in a three-hour session, and reviewing a concrete proposal. Commissioner Youngman noted that timing seeks to be a critical issue, stressing that the Commission must protect its taxpayers. She then noted that if the board structure were based on population, Bozeman's interests could be protected; but if it is not, the results might not be in the City's best interests. Mr. Larry Watson, Grants Administrator for the County, stated the proposed composition of the board is based on boards in other refuse districts. He noted the board should include five to seven members; and those entities involved will be recommending representation on the board, which is subject to public hearing. He stated that Manhattan and Three Forks have been sifting on resolutions of concurrence since November, and the County Commission is scheduled to vote on the formation of a district on May 7. He noted that if the process moves forward, representatives from the County and the Cities of Manhattan and Three Forks will be involved in the planning process. He then indicated that the weak management structure at the Logan landfill is one of the reasons that recycling and other alternatives have not been pursued. He noted that the current management contract expires in June; however, he anticipates that contract will be extended for one year to provide for the creation of the district. He pointed out that, in anticipation of the formation of this district and of Bozeman closing its landfill and hauling to Logan, the County has issued a request for proposals for a 6.7-acre cell expansion that is to be completed by October. In light of the questions and concerns that had been voiced, City Manager Johnson recommended that a work session with the County Commission be scheduled in a neutral setting for the afternoon session of the May 13 meeting; the Commission concurred. Review of recommendation from the solid waste transfer station task force Included in the Commissioners' packets was a memo from Director of Public Service Arkell, dated April 12, forwarding the task force recommendations. Also in the packet was a letter from task force member Rex Easton forwarding his comments on the process. Director of Public Service Debbie Arkell provided an overview of the process followed by the task force and forwarded their list of recommendations. She noted that the task force screened ten sites. She reviewed the information submitted to the task force for the top four sites they identified after that screening, as follows: 04-29-2002 -9- North 19th Avenue. The Rolfe property contains twenty acres and is flat. The fact that it is located in the North 19th Avenue entryway oveday, the building being 53 feet high, the surrounding land designations and uses, road improvements, and the pdce of the land were identified as potential negatives. East Gdffin Drive/Manley Road. This property contains 15 acres, 7% acres of which are usable. The property is not annexed, and surrounding zoning and uses are heavy industrial, public park and business park. Under the criteria for consideration, this property contains a fatal flaw because of its location across the road from a park; however, the task force chose to move it forward through the process. Tower Road/US Highway 10. This property contains 10 acres and is owned by the Montana Department of Transportation. A conversation with the District Engineer has revealed the Montana Transportation Commission may be willing to share the site but would probably not give favorable consideration to use of the site for a transfer station due to traffic concerns. Its location would require trucks to either use Frontage Road back to North 19th Avenue or travel through Belgrade to reach the Interstate. Story Mill Road. The current landfill site was ranked fourth on the list of top four sites. Access to the site passes by residential development and a golf course, and a creek traverses this 200-acre site; however, there would be adequate space for a transfer station, and the rolling topography is favorable for building siting. The Director of Public Service then identified the six sites which were eliminated as a result of initial screening, as follows: Wastewater Treatment Plant. The task force voiced concerns that placing a transfer station on this site could impede future expansion of the plant. Although it had no fatal flaws, the task force chose not to forward it to the next step. Davis Lane/Valley Center Road/VVestlake Road. This site is immediately across the road from the Vaniman home. In light of concerns about the ability of East Valley Center Road to handle the additional traffic, the task force eliminated this parcel, even though it had no fatal flaws. North 27th AvenueNalley Center Road. This parcel is located northeast of the school bus barn. It contains 6 acres; and a minimum of 7 acres is required for a transfer station, so this site was eliminated. Cottonwood Road/Durston Road. This site, which is adjacent to Bronken Park, contains 5.6 acres and was excluded due to size. Greenwood property (former CVR Oak site). This site is located at the dead end of East Frontage Road, near the Bear Canyon interchange. The property is located outside the search area and has floodplain on the site; and the 13-foot-6-inch overpass for the Interstate is too Iow to allow trucks traveling down the Interstate to access the site, so it was eliminated. 10. Idaho Pole site (L Street). Concerns were voiced about the potential of traveling through histodc residential areas to access the site. Also, this is a superfund site that is currently undergoing remediation. Although this site contains no fatal flaws, the task force eliminated it. Director of Public Service Arkell stated that after the task force's last meeting, she talked to the consultant about possible paths available to the Commission. She suggested the Commission could choose to consider the sites nominated by the task force, eliminate some of those sites or add in other sites. Once the Commission identifies which sites to pursue, the next step is to do economic feasibility studies so that the tipping fees can be identified. She cautioned that BFI has already indicated that if the tipping fees at the transfer station are set too high, they will simply travel directly to the Logan landfill. 04-29-2002 -10- The Director of Public Service identified some of the costs associated with the top sites. The Rolfe property is on the market at $4 million and an additional $1 million in road improvements has been identified. The property on East Gdffin Ddve/Manley Road is being offered at $1% million. No costs are available for either the Montana Department of Transportation property on Frontage Road or the current landfill site, which the City already owns. In light of the costs associated with the Rolfe property on North 19th Avenue, a majority of the Commissioners determined that site should be eliminated. With the elimination of that site, a majority of the Commissioners chose to add the current landfill site into the top three sites for consideration. Commissioner H ietala noted that one site nomination not submitted in a timely manner for task force consideration is the Ogle property across L Street from the Idaho Pole site. He noted they currently store lumber on that property but have indicated a willingness to relocate it to the Idaho Pole site. He suggested that, if this is identified as a viable site, East Oak Street could be extended across North Rouse Avenue for access rather than traveling through a residential area. Director of Public Service Arkell cautioned that this site has not been subjected to the initial screening. She indicated that, if the Commissioners wish, staff could conduct that screening and submit its findings to the Commission for consideration. A majority of the Commissioners voiced an interest in receiving that information. Responding to Commissioner Brown, Commissioner Hietala stated that access to a railroad spur was not identified as a big issue to be considered. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission direct staff to conduct an initial review of the Ogle site to determine its feasibility and bdng that information back for Commission consideration, and direct staff to conduct additional reviews, including economic feasibility studies, on the Griffin Ddve/Manley Ddve site, the Frontage Road site, and the current landfill site. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. In response to a suggestion from the public that the old landfill site on North Rouse Avenue be considered, the Commission asked staff to look at what type of development might occur on such a site. Director of Public Service Arkell indicated that staff will bring back the information for Commission consideration as soon as possible, suggesting May 28 will probably be the first possible date for doing so. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission, (1) Letter from the Montana Department of Administration, dated April 25, announcing June 2002 seminars in various locations throughout the state regarding the GASB #34 regulations. (2) E-mail from Planning Director Epple inviting Commissioners to participate in'an interactive audio conference at 12:45 p.m. on Tuesday, Apd130, in the Conference Room at the Professional Building. The two-hour conference is to be with Peter Calthorpe and Victor Dover and is entitled "Shaping the Region with New Urbanism." Mayor Kirchhoff asked how many Commissioners plan to attend the teleconference tomorrow. Since a majority of the Commissioners voiced their intent to attend, the Mayor asked the Clerk of the Commission to post the appropriate notice. (3) Letter from the Montana Department of Transportation, dated Apdl 2002, forwarding the CTEP allocations for Federal Fiscal Year 2002. (4) Updated listing of planning projects to be considered at upcoming Commission meetings, dated April 24. O4-29-2OO2 11 - (5) Brochure on the Composting and Hazardous Waste Collection Programs seminar to be held in Bozeman on May 16 and 17. (6) Copy of a press release announcing that flowing of fire hydrants will begin on May 1 and cautioning that temporary discoloration of water could occur. (7) Agenda for the County Commission meeting to be held at 9:00 a.'m. on Tuesday, April 30, in the Commission Room. (8) Agenda for the Development Review Committee meeting to be 'held at 10:00 a.m., on Tuesday, April 30, at the Professional Building. (9) Agenda for the County Planning Board meeting that was held on Apd123, along With minutes from their meeting held on April 9. (10) Petition of opposition to the application for floodplain develOpment permit requested by Christ the King Lutheran Church, as submitted by residents of the immediate area. (11) Letter from Dan Wilson, 2202 Highland Court, in opposition to the application for floodplain development permit requested by Chdst the King Lutheran Church. (12) Letter from Henry Shovic, 19 Hill Street, in opposition to the application for floodplain development permit requested by Christ the King Lutheran Church. (13) Letter from Lloyd D. Bender, 2014 South Tracy Avenue, in opposition to the application for floodplain development permit requested by Christ the King Lutheran Church. (14) Letter from Don Pilotte, 2007 South Tracy Avenue, in opposition to the application for floodplain development permit requested by Christ the King Lutheran Church. (15) City Manager Johnson announced that the teenager killed in the Saturday night accident on South 19th Avenue was former Commissioner Joan Rudberg's grandson. The Commissioners asked the Clerk of the Commission to get a sympathy card for their signatures on Tuesday. (16) City Attomey Luwe distributed copies of an article entitled Big-Box Sprawl (And How to Control It), published in the most recent edition of MunicipalLawyer. He noted that Bozeman is referenced in the article. (17) Director of Public Service Debbie Arkell stated that 32 residents of West Park Manor attended the meeting on traffic calming; and they selected, by majority vote, two options to be forwarded to the Commission for consideration. (18) Commissioner Brown noted the Commissioners have received a considerable amount of public comment on the proposal to fill a portion of the Christ the King Lutheran property and asked if this type of application is typically submitted to the Commission. Director of Public Service Arkell responded that floodplain permits are approved by the floodplain permit coordinator, which is the City Engineer; and as long as the proposal complies with the rules and regulations, the permit is issued. She indicated that, in this instance, the application is within the rules and regulations for fill; however, the applicant could encounter problems on· other permit applications. Commissioner Brown requested that the Commissioners be kept informed on any issues involving this property. 04-29-2002 -12- Adjournment - 6:42 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. STE~215N R. KIRCRN~FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 04-29-2002