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HomeMy WebLinkAbout2001-11-05 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 5, 2001 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 5, 2001, at 6:00 pm. Present were MayorYoungman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested item 4h, Professional Services Agreement with Allied Engineering Services, Inc. for design services for construction of a solid waste transfer station, be removed from the consent agenda to allow the Commission more time to study the document. Minutes - January 18 and February 7, 2000, and January 30, September 4, September 24, October 1, October 15, October 22 and October 29, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of September 4, September 24, October 1, October 15, October 22 and October 29, 2001 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. MayorYoungman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of request for annexation submitted by Glen Haven for 2.65 acres located in the W%, W%, NE%, SW% of Section 11, T2S, R5E, MPM (2928 West Babcock Street); refer to staff Acknowledge receipt of letter withdrawing petition for deannexation of the Story Mill - Edward C. McCrone Application for Liquor License for Calendar Year 2001 - Bennigan's Irish American Grill & Tavern; contingent upon receipt of State license and meeting all conditions for Conditional Use Permit Approve request for one-year extension of preliminary plat for Gallatin Center Subdivision Planned Unit Development (subdivide 142:!: acres known as Tract C-lA, Certificate of Survey No. 1979, and Tracts C-2, D-1 and D-2, Certificate of Survey No. 1827, into 27 lots for commercial/industrial/business park uses) (P- 9834) Exemption from subdivision review - Owenhouse Hardware Co. - allow for aq~re~ation of Lots 18-22, Block 32, Northern Pacific Addition, and an unplatted lot within the NE%, Section 7, T2S, R6E, and relocation of common boundary, to create Lots 18A and 22A - north side of East Mendenhall Street, northwest of its intersection with North Broadway Avenue (E-0111) .2. Authorize City Manager to si.qn - Acceptance of Right-of-Way A_(Ireement and Warranty Deed from Mary K. Murphy for Parcel No. G(E) of the West Babcock Street r)ro|ect (3215 West Babcock Street) Authorize execution of Software Maintenance Service Contract with Intergraph Public Safety for the period October 1, 2001 through September 30, 2002 (for 9-1-1 system) Appointment of Commissioner Kirchhoff and Commissioner Brown to review Pledged Securities as of September 30, 2001 Building Inspection Division report for September 2001 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Request for extension of time to meet conditions of approval for Kennel License for Aaron Bruce, 329 East Cedar Street, to December 1, 2001 Included in the Commissioners' packets was an e-mail from Animal Control Officer Lien, dated October 29, indicating that Aaron Bruce has requested an extension for meeting the conditions for approval of his Kennel License to December 1, 2001. Animal Control Officer Lien noted the applicant has notified her that he is unable to meet the conditions for approval and is requesting an extension, since he will be moving in early December, 2001. She indicated she has no problem with the granting of an extension, since they will be moving out of the city shortly. She stated she does not believe the applicant will make any attempts to comply with further restrictions, even temporarily. Commissioner Brown stated he cannot approve this requested extension and read from an Associated Press newspaper article which read as follows: "Child killed by Rottweiler, Lovell, Wyo. A 1-year-old girl who wandered from her home was mauled to death by a Rottweiler on a chain, police and the girl's grandfather said. David Jolley, grandfather of the girl, said the gid was playing in a fenced yard Monday when she somehow unlatched the gate and went across the street to a trailer park. The girl, who had just learned to walk, had been outside for about an hour, Jolley said. At times, her parents saw her wander in and out of the house, he said. 'They're just asking themselves why. Why didn't I go out with her, why, why, why? Which I think is normal,' he said. 'But they didn't do anything wrong. It was just one of those things that happened.' Several construction workers tried to save the girl, he said. Police responded at 1:30 p.m. and an officer sprayed the dog with mace and pulled the child away, Police Chief Nick Lewis said Wednesday." Commissioners Frost and Kirchhoff both stated they do not favor an extension. Commissioner Smiley said she does not favor an extension, either, noting she is concerned about the care of the dogs. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to deny Aaron Bruce's request for an extension of time, until December 1, 2001, to meet the conditions of approval for a kennel license at 329 East Cedar Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. Ordinance No. 1549 - annexing 1500 block and 1602 West Beall Street into the Bozeman High School parking district Previously distributed to the Commission was a copy of Ordinance No. 1549, as approved by the City Attorney, entitled: ORDINANCE NO. 1549 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.396 PERTAINING TO THE AREA DESIGNATED AS THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT TO INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION N OF SECTION 10.32.396., WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1549, amending the boundaries of the Bozeman Senior High School residential parking distdct to include the 1500 block and 1602 West Beall Street, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. 4h. Authorize City Manager to sign - Professional Services Agreement with Allied Engineering Services, Inc. - design services for construction of solid waste transfer station Mayor Youngman asked to have this item delayed for one week and suggested that the phrase "proximity to residential neighborhoods" be added as an initial site screening criteria to the list contained in Subtask 1.1.5 Initial Site Screening, Exhibit C, of the scope of services. All Commissioners agreed to direct staff to add "proximity to residential neighborhoods" to the criteria contained in Subtask 1.1.5 of Exhibit C of the Professional Services Agreement with Allied Engineering Services, Inc. Engineer Finke noted the criteria contained in the scope of services is the minimum initial site screenings; and when the committee is set up, more criteria will be added. Mayor Youngman then suggested that any variable that could change the kind of transfer station, its size and location, and/or how it functions, should be discussed. Engineer Finke responded those things will be discussed in the design of the transfer station. A transfer station is a link between the City's collection program and the ultimate place of disposal. The advantage of a transfer station is it provides the ability to decide where to go with the waste, including the location providing the best cost alternative. Ordinance No. 1550 - amend zoning designation from "R-2a" to "R-O" on 15.20-acre parcel described as the north :!:1,550 feet of Lot 5, StoneRidge PUD Minor Subdivision No. 1 (along west side of North 19th Avenue lying between North 22nd Avenue and West Oak Street) Included in the Commissioners' packets was a copy of Ordinance No. 1550, as approved by the City Attorney, entitled: ORDINANCE NO. 1550 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-2a" (RESIDENTIAL--SINGLE- FAMILY, MEDIUM-DENSITY DISTRICT) TO "R-O" (RESIDENTIAL--OFFICE DISTRICT) ON 15.20 ACRES LOCATED IN THE Et/2 OF NE% OF SE% OF SECTION 2, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1550, amending the zoning designation from "R-2a" to "R-O" on 15.20 acres lying along the west side of North 19th Avenue between North 22nd Avenue and West Oak Street, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Proposed traffic calming devices at the intersection of West Oak Street and North 11th Avenue, in conjunction with Phase II for Oak Place P.U.D. .4. Included in the Commissioners' packets was a memo from Project Engineer Murray, dated October 16,2001, forwarding options for traffic calming devices at the intersection of West Oak Street and North 11 th Avenue in conjunction with the Oak Place Planned Unit Development. Project Engineer Murray reminded the Commission that as part of the approval of the Planned Unit Development, and pdor to phase 2, the developer needed to come up with options for traffic calming devices at the intersection of West Oak Street and North 11th Avenue. Oak Street was designed by the Montana Department of Transportation at 78 feet, and includes parking lanes, four driving lanes, and a center turn lane; while 11th Avenue was designed at 42 feet, with standard boulevard and sidewalk. It is important to note the southern leg of 11th Avenue is temporarily offset to the east because the right-of-way for the proper alignment has not been secured from the property owner. Engineer Murray continued, referring to his memo, dated October 16, 2001, noting that Option 1 is the first curb bulb option looked at. The shoulder width was reduced to provide for a 2.5-foot curb bulb on Oak Street and a 3.5-foot curb bulb on 11th Avenue. There will be no pedestrian gains on 11th Avenue, and the gain on Oak Street is. 10 of a foot. Option 2 shows the bulbs on 11th Avenue remaining the same as Option 1; and on Oak Street, a wider bulb is created by reducing the center turn lane width and reducing the interior driving lane. However, the gains for pedestrian crossing distances are minimal; 1 foot on Oak Street, 2 feet on 11th Avenue. By reducing the center turn lane width, it precludes the installation of a center median in the future. Also, it would require the restriping of the entire corridor, which would be very costly because the center turn lane is currently installed in thermoplastic. Engineer Murray noted the intersections of arterials and collectors must be designed to accommodate larger truck traffic. If they aren't, the trucks will take up additional lanes or drive over the curb and sidewalk, endangering pedestrians. Therefore, Engineering staff's recommendation is to stay with the current design, with no bulbing. The solution is the acquisition of the right-of-way for the proper alignment of 11th Avenue, and ultimately, signalization. Mayor Youngman said she doesn't remember there being anything about center islands in the conditions of approval. Engineer Murray replied he believes the conditions only mentioned curb bulbs and mid-block crossing. City Engineer Brawner added he, too, recalls there was some discussion regarding mid-block crossing in conjunction with the park trail. He doesn't believe center islands are inherently safe because they create safety hazards when people are attempting to cross where they wouldn't normally be crossing. Also, the higher traffic speeds in this area add to the safety issues. When the intersection is signalized, then the City may want to consider a center median. Engineer Brawner said he would prefer a 6-foot pedestrian refuge, rather than a 4-foot. Signalization and pedestrian refuges are the best ways to ensure safe pedestrian movement in this area. He recommended directing pedestrians toward safe crosswalks, like the intersection of North 7th Avenue and Oak Street until then. Commissioner Frost asked if all collector and arterial streets are being designed so that larger trucks can make safe turns at corners. City Engineer Brawner responded they are trying to design streets so that trucks are funneled to where the City wants them to be. He acknowledged it is difficult to get pedestrian facilities on arterials and collectors. Mr. Brawner pointed out the only place to put bulbs on arterial streets is through the bike lanes, which then eliminates the bike lanes. Commissioner Kirchhoff asked if there will be any access onto Baxter Lane. Greg Allen, Superior Northwest, stated 11th Avenue will eventually go through to Baxter Lane. Commissioner Kirchhoff said he would like to see a center median constructed soon, as well as the driving lanes narrowed to 11 feet, minimum; he would prefer 10 feet. He feels streets are being designed to avoid pedestrians; and if this street is allowed to be a highway, people will not cross it even when it is signalized. He would like this street to be made pedestrian friendly as soon as possible, so it can and will be used. MayorYoungman agreed, saying she believes this streetwill be used, particularly by children, whether there is a median there or not. She would like them to have a place to stand for safe crossing. 5. Commissioner Kirchhoff noted the pedestrian median should be raised, planted, and tapered at the intersection. City Engineer Brawner replied that if the median is planted, it will need to be irrigated, which will require cutting the pavement to provide irrigation, adding to the cost. Also, long-term maintenance is costly. He pointed out it is difficult to keep grass growing on the narrow 4-foot medians. Commissioner Smiley agreed there needs to be something there to help pedestrians cross the street; they will not go to North 19th Avenue or North 7th Avenue to cross the street. Rather, they will cross where it is most convenient; and as more things develop in the middle of Oak Street, more people will be trying to cross in the middle of the street. Commissioner Frost suggested a standard condition be included stating water lines must be installed, in new streets that will have medians, as the street is being built so there is water for irrigation, if desired. City Engineer Brawner replied that rather than include that as a specific condition, it should be taken into consideration at the time the street is designed. Greg Allen, Superior Northwest, suggested that perhaps all streets shouldn't allow for bike lanes. Durston Road may be more fit for an east/west bike lane, rather than Oak Street. As a pedestrian, he said, he doesn't want to cross a street in front of both bikes and cars. He doesn't understand how the trail system is being addressed by a crosswalk at 11th Avenue, saying that isn't a viable option on a street of this size. Following discussion all Commissioners agreed to direct Engineering staff to bring back other design options for medians at the intersection of West Oak Street and North 11th Avenue and provide informat on on the costs involved for each option. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from residents along Valley Drive asking that Valley Drive not be used as an access to the Harrington, Davis and Butcher properties, which were recently approved for annexation. (2) Letter from the Bozeman Watershed Council, dated October 29, proposing that the parking for the Sourdough Creek Trailhead be moved to the City property immediately south of the driveway to the Water Treatment Plant because of concerns about impacts on the riparian area adjacent to the current parking area. (3) Letter from Dab Dabney, dated October 8, voicing concern about the current status of the Community Affordable Housing Advisory Board. (4) Letter from Jane Brustkern, 323 North 15th Avenue, voicing opposition to the proposal to construct a parking lot where the school's practice fields are currently located. (5) Letter from the Library Board of Trustees, dated October 18, thanking the Commission for its assistance in acquiring the CMC property for a new library. (6) Flyer from the Montana Winter Fair seeking sponsorships for the 2002 Fair. (7) Letter from Recycle-It, dated October 1, announcing that their drop-off is closed to the public, effective November 1, although they will continue to serve the larger commercial accounts. (8) Copy of a memo from Director of Public Service Arkell to Sign Foreman Robbins, regarding installation of pedestrian signs and crosswalks on Durston Road at Hunters Way. (9) List of planning projects to be considered at upcoming Commission meetings. (10) Notice from the Gallatin County/Bozeman Area Zoning District that it will be considering an application for a small scale broadcast facility on the Pea Cannery water tower. .6. (11) Minutes from the Montana Transportation Commission meeting held on August 2 and the telephone meeting held on September 7, 2001. (12) Agendas for the County Commission meeting held on October 30 and the meeting to be held at 9:00 am on Tuesday, November 6, at the Courthouse. (13) Agenda for the Development Review Committee meeting that was held on October 30. (14) Agenda for the Design Review Board meeting that was held on October 30. (15) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 7:30 pm on Tuesday, November 6, in the Commission Room. (16) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, November 6, in the Conference Room of the Alfred M. Stiff Building. (17) Memo from City Manager Johnson, dated November 2, regarding the Conoco Bulk Storage Facility and Yellowstone Pipeline Terminal. During his FY1, City Manager Johnson offered the following: 1) He will be attending the Clean Cities Meeting in Idaho Falls and the Annual Chamber Directors' Meeting at Fairmont Hot Springs this week. 2) The Commission had previously talked about putting a house on the Rouse Street property, where the vehicle impound lot is going to be located, in order to have someone living on site for theft and vandalism prevention purposes. He has calculated that over a 12-year period of time, the City could pay back the cost of the housing at $450 per month, which is a few dollars less than the affordable housing guidelines. 3) Regarding the letter included in the packets from the Valley Drive residents, staff has been directed to consider streets that go somewhere, in a grid pattern. 4) Regarding the letter received from Joan Montagne and included in the packets, the City does have pipes sitting on this private property, by agreement with the owner of that property. He has grave concerns about putting a parking lot next to the water treatment facility because of security concerns. 5) Asked if the Commission wanted to have a work session with the Community Affordable Housing Board to identify their mission statement, in response to Dab Dabney's letter. All Commissioners agreed to do so. Planning Director Epple noted the following FYI items: 1) The Baxter Meadows application is proceeding and is scheduled to come before the Commission in two weeks, November 19th. It did not get a favorable recommendation from the Design Review Board; there was a split vote, and therefore, no recommendation. 2) It is nearing the end of the MSU class project he and Chris Saunders have been involved with. The students will be bringing down their projects and presenting them to the Commission in the future. 3) Jody Sanford has been elected president of the Montana Association of Planners. City Attorney Luwe offered these FYI items: 1) Staff Attorney Day-Moore has returned to work now. 2) The truck route ordinance will be coming before the Commission on November 26th, with first and second readings on December 3ru and December 17th. Director of Public Service Arkell noted she has received a letter from Recycle-It, stating the drop-offs will now remain open. Commissioner Smiley, during her FYI, stated the following: 1) She attended the celebration for Director of Public Safety Mark Tymrack and Assistant Director of Public Safety Bill Kayser. 2) Attended a Native American discrimination session held at MSU this afternoon. Commissioner Brown offered the following FYI items: 1) Attended the Local Water Quality Board meeting on Thursday and learned there is a gauging station on the East Gallatin River, downstream from the sewage treatment plant. Data will be available on the internet regarding the temperature, water height, and flow. 2) Iso-stereo maps of the watershed in the valley, excluding Big Sky and West Yellowstone, have been completed. 7. Public hearing - Conditional Use Permit - VoiceStream - allow construction of a PCS wireless small scale broadcast facility on water tank located in Josephine Park, Graf's First Subdivision, Second Filin_cl (1630 Kenyon Drive) (Z-01195) This was the time and place set for the public hearing on the Conditional Use Permit requested by VoiceStream under Application No. Z-01195, to allow construction of a PCS wireless small scale broadcast facility on the City's water tank located in Josephine Park. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a note of opposition from Mr. Carlos de Onis, 2115 Knaab Drive. Assistant Planner Kozub presented the staff report and reviewed the application, noting the Development Review Committee has reviewed this application in light of the established criteria and recommends conditional approval. The antennas, in a three-sector design, will be installed on the top of the water tank and painted to match. They will not extend above the tank. The base station will be located in the existing shelter north of the access read. Commissioner Brown asked if this installation has been coordinated with the 9-1-1 emergency services people, and have they granted their approval. Ms. Kozub answered the project has been designed to not interfere with any other equipment. City Manager Johnson clarified the Police Department, Fire Department, and 9-1-1 personnel have all reviewed this installation. Assistant Planner Kozub then referred to her memorandum, distributed to the Commission just prior to the meeting, which modified the conditions of approval. She outlined the new landscape plan for this entire area, which will include an irrigation system, as well. Planning Director Epple added that Urban Designer Grund is a landscape architect and is using his skills to assist with the landscape design. The modified condition 11 is a result of his design. Commissioner Smiley asked if there will be any blowers or fans that would be running on a regular basis. Ms. Kozub responded that according to VoiceStream, there will be no noise. Commissioner Frost inquired if there is a plan to make sure the proposed hedge is watered. The Assistant Planner replied a drip irrigation system will provide water for the hedge, the trees, and the native grass mix, which should be more drought resistant. Joy Rutherford, 2323 Delganey Street, Denver, CO and representing VoiceStream, stated she was here to answer questions. She assured Commissioner Smiley there will be no noise. Dave Parker, 1716 Kenyon Drive, questioned the proposed secondary fence to block off the access. Assistant Planner Kozub stated the purpose of the secondary fence is to prohibit maintenance people from having access to the water tank. Mr. Parker said his real concern is that there will be one more directional, sectional, broadcast antenna installed. The neighbors were not notified when the Police Department antennas were installed; and he is concerned about the number of antennas allowed, and when it will stop. While he looks forward to having the landscaping installed, he is also concerned about the easement. The easement was originally granted for the sole purpose of maintaining the water tank only, and Mr. Parker believes the City is violating the terms of that easement by allowing these secondary installations. Assistant Planner Kozub noted there is no problem with maintenance and emergency crews using the easement. Five providers will be the build-out for this site. City Manager Johnson stated the emergency communications equipment was previously installed on the old Hillcrest Retirement Center; but the new site doesn't allow that, so it was moved to this area. It is currently unclear if its current placement will be the permanent location for this public safety equipment. VoiceStream is going to buy the building and put their equipment inside to make sure there is no noise. Qwest will be putting up newtechnology, which doesn't require venting and fans. The City Manager said he is hoping to move the 3Rivers equipment building from its present site to the fenced location, as well. VoiceStream was asked to do a capacity study, which is Exhibit C of the staff report, to determine if there would be any interference; and how many applications can be installed on this water tower. That study indicates five applications is the maximum. The City is trying to do a more coordinated effort of installations and uses, to .8. appease the neighborhood residents. The safety of the water tower is the primary concern; hence, the reason for the second fence. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Conditional Use Permit requested by VoiceStream under Application No. Z-01195, to allow construction of a PCS wireless small scale broadcast facility on the City's water tank located in Josephine Park be approved, subject to the following conditions: All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. A building permit must be obtained prior to site work and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but no concrete may be poured until a building permit is obtained. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If construction of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of secudty equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within 9 months of occupancy to avoid default on the method of security. Use of this site by a pdvate entity must not interfere with or encumber the operation or maintenance of this water facility. Use of this site by other entities must not interfere with, encumber, or adversely affect transmission or reception of City of Bozeman communication equipment. The City of Bozeman communication ability and equipment must take precedence to any existing and potential users of the Kenyon Drive water tank and site. No direct attachment of hardware to the City's water storage tank may take place until plan sheets detailing all aspects of the work, signed by a registered Professional Civil Engineer are reviewed and accepted by the City Engineer. Proposals to use this site must include a pdvate access and fenced location that does not encumber the present access read. 10. The facility must remain secure with access administrated by City reservoir personnel. 11. The applicant shall be required to implement a proportional share of a landscape and irrigation plan prepared by the City of Bozeman Planning Office. .9. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor ¥ongman. Those voting No, none. Public hearing - Major Site Plan - Morrison-Maierle and Lone Eagle Investments - allow construction of a 39,958-square-foot office building on Lot 2, Block 1, Advanced TechnoloQv Park Subdivision, Phase II (southwest comer of intersection of South 19th Avenue and West College Street) (Z-01171 ) In response to a letter from the applicant, at the October 8 meeting, the Commissioners voted unanimously to table indefinitely the public hearing on the Major Site Plan requested by Morrison-Maierle and Lone Eagle Investments under Application No. Z-01171, to allow construction of a 39,958~square-foot office building on Lot 2, Block 1, Advanced Technology Park Subdivision, Phase II. The subject property is located at the southwest comer of the intersection of South 19th Avenue and West College Street. The applicant has submitted revised plans, and the City Manager recommended that the Commission remove this item from the table and set the public headng for November 13. It was moved by Commissioner Smiley, seconded by Commissioner Klrchhoff, that this item be removed from the table and that the public headng be set for November 13. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Discussion re City's participation in formation of solid waste district for Gallatin County Included in the Commissioners' packets was a letter from Rex Easton, dated October 23, encouraging the City to work with the County on the formation of a solid waste district. Director of Public Service Arkell reviewed the questions she submitted to Larry Watson, Gallatin County Grants Administrator, and his responses, as listed in the handout she distributed to the Commission at the time of her presentation. The questions that Ms. Arkell submitted to Mr. Watson were in response to Commission questions and concerns raised following Mr. Watson's October 22nd presentation to the Commission regarding the formation of a solid waste distdct for Gallatin County. She pointed out Mr. Watson has stated he is going to request a one-week continuance, until November 13th, to allow municipalities time to respond with a Resolution of Intent. Commissioner Kirchhoff asked Director of Public Service Arkell if it is her advice the City enter into an agreement to join this solid waste district as soon as possible; and if not, why not. Director of Public Service Arkell responded her advice is that the City not join at this time because it has not been shown to be in the City's best interest to do so. Based on the information she has, she said she does not believe the time is right for the city to join; there are too many unanswered questions. Commissioner Kirchhoff then commented it appears to be inevitable. Director of Public Service Arkell said it might be possible to have a solid waste district with sub-districts; and there are communities that do that, although usually they are small communities that are far removed from the district. If the City were to join now, it could severely limit where city waste can be disposed of. Commissioner Kirchhoff noted it appears some of the details haven't been hammered out yet. There has been no testimony regarding the County's ability to financially start up this district and operate it efficiently. He asked if Bozeman doesn't join, would that hinder the County's ability to establish this district. Director of Public Service Arkell replied that unless they form a tax district, it shouldn't hinder their ability to form the district. She added she has discussed with City Manager Johnson the possibility of the City pre-buying tonnage at the Logan Landfill to help them out financially, without joining the district. The concern is if the City prepays to help build a 6.9-acre cell, will there be enough room left in that cell when the City wants to start using that facility. Commissioner Kirchhoffthen asked if there are any liabilities that might be incurred from membership in this district. Director of Public Service Arkell stated she has no definite answer on that yet. Currently the Logan Landfill is having to dig up improperly disposed waste and move it to a lined cell. Commissioner Kirchhoff asked what would happen if there are pre-existing liabilities, the City joins the district, and then those 10. liabilities are discovered. Director of Public Service Arkell replied she believes that as a member, the City would be liable. City,Attorney Luwe added that from a general standpoint, that is correct. Ms. Arkell noted it is unknown if the distdct would be independently insured or insured through the County. Commissioner Kirchhoff inquired if the County plans to provide any more documentation on this solid waste district. The Director of Public Service answered they have provided only this documentation; which, according to City Attorney Luwe, is the minimum required by law. MayorYoungman asked, besides insufficient space and double taxation, what other issues of concern there are. Director of Public Service Arkell stated it is still unknown what the makeup of the Solid Waste District Board will be, and how the voting will be conducted. The City still doesn't have proportional voting powers. Also, the City Commission would have no authority on the Board orwith the solid waste district. She continued, saying even with the explanations provided by Mr. Watson, she still doesn't know what the duties of the Board will be. Ed Blackman, Gallatin County Fiscal Officer, has indicated several times there won't be any change in the tipping fees, but the fees are going up. Tomorrow the County is voting on contracts with private haulers, but the fees are much different from the resolution assessing the tipping fees. The tipping fee is set for $36 per ton, but the County has entered into a contract with BFI Waste Systems for much less than that. Commissioner Kirchhoff pointed out Sanitation Superintendent Sicz undergoes a lot of scrutiny, and there is a high degree of competence by staff in managing the City's waste disposal facility. He asked if there will be the same degree of competence and scrutiny at the Logan Landfill, and will there be equivalent or improved management and personnel. Commissioner Kirchhoff indicated there are a whole host of questions that don't make him feel very confident of taking a step forward on this issue this evening. City Attorney Luwe said he talked to Deputy County Attomey Gray regarding these matters and the authority of the Board; and Mr. Luwe indicated he told Mr. Gray that from his perspective, the County hasn't demonstrated any benefits to the citizens of Bozeman. Removal of solid waste is one of the most essential health and safety issues a municipality undertakes, and the City needs to make sure it is secure before abdicating any control. Commissioner Smiley said her concern is double taxation because the Commission has tried to clean up all those issues. Commissioner Frost stated he hopes the County postpones the deadline for responses for one week because there are a lot of holes he is uncomfortable with. He indicated he cannot support the City's participation at this point. Lynn Rugheimer, 1404 Story Mill Road, asked that the Commission not "throw in the towel" because they don't have all the answers. Everyone knows the city landfill is going to be full in a couple of years, and the trash has to go somewhere. In all likelihood, it's going to end up in the Logan Landfill eventually. She stated the Commission needs to consider the other smaller communities, as there will be strength in numbers. It makes sense financially to work togetherwith the other municipalities. Ms. Rugheimer said the City has a lot of risk already with the existing landfill; and rather than increase that risk, the City should be joining with other communities in a dry area, which should dilute the risk. She suggested directing staff to get answers to these questions and don't not join because the answers aren't available. Mayor Youngman replied once the City is included in the district, it can no longer call any shots, which is one of the things staff and the Commission is trying to work out. Dean Ulrich, area manager for BFI Waste Systems, stated possible liability includes more than just the landfill. The district would have the authority to buy trucks, containers, and other equipment, which is another liability issue. If the City signs in on this, it is locking itself into disposing at Logan. He offered that BFI has a lower cost landfill in Missoula that would be more than happy to accept Bozeman's waste. Mr. Ulrich told the Commissioners they should have answers to their questions first; not create first, answer questions later. City Manager Johnson asked if solid waste districts can invoke exclusive hauler provisions. Mr. Ulrich responded he doesn't know for sure, but they can impose flow-control issues. All waste generated within the .11- county would have to go to the county-designated site, which would limit the City's options in the future. Commissioner Brown stated he is not convinced the Commission should join the solid waste district at this time because there is no time to do research and background studies. All Commissioners agreed the City needs to be represented at the County Commission meeting on Tuesday, November 6th and are supportive of having all their questions being raised. All Commissioners also agreed they are interested in exploring a composting facility and having discussions with the County toward that end. Mayor Youngman then asked if the Commission wanted to discuss, as a separate approach, contracting with the County, which would give them the assurance they need to build a large enough cell for the city's future use. Commissioner Smiley asked if there is a possibility of setting up the fee structure to include tipping fees, as well as paying up front to help pay for opening a new cell. Director of Public Service Arkell answered that could be done; and in exchange, the County would give the City a specific tonnage for"x" number of dollars. Mayor Youngman stated her hope that part of the basic tone of the discussion will be that there will be a better solution for waste in the county if the municipalities work across jurisdictional lines. The difficulty of timing this with the City's landfill closure doesn't mean the principal of cooperation is something the City objects to. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to direct staff to refrain from entering into an agreement to participate in the formation of a solid waste district for Gallatin County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. City Manager Johnson said either he or Director of Public Service Arkell will testify tomorrow at the County Commission meeting and will present the questions still unanswered. Director of Public Service Arkell vedfied the questions and concerns to be addressed are as follows. Since the information provided to the City is inadequate to answer all the questions, the City would like the following answered: How will the distdct work? How could fees be set in the future and changed in the future to ensure the citizens of Bozeman will not be double taxed? How will the distdct be organized, who will be operating the landfill, and who will have the knowledge to answer liability concerns? Since composting facilities will be the way to go for future control and disposal of solid waste, the City needs assurances that the solid waste distdct isn't closing its mind to this and other alternative methods of control and disposal. The City requires a document that would list the rights and responsibilities of the Board, addresses proportionate representation, and eliminates the double taxation of city residents. The City of Bozeman would like to purchase space up front at the Logan Landfill to assist with getting the construction of the new cell underway and could be receptive to joining the district at a later date. Adjournment - 8:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. MARCIA B. YOUNGMAN, Mayor 11~.2001 .12. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. DeLATHOWER ' Deputy Clerk of the Commission