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HomeMy WebLinkAbout2006-06-19 Minutes, City Commission Page 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 19, 2006 ***************************** The Commission of the Cay of Bozeman met in special session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 19,2006, at 5:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacob~on, City Manager Chris Kukulski, Assi~tant City Manager Ron Brey, Director of PuhlIc ServIce Debra Arkell, A~~I~tant Planning Director Chris Saunders, Finance Director Anna Ronsenberry, CIty Attorney Paul Luwe, and CIty Clerk Bnt Fontenot. Sil!ninl! of Notice of Special Meetinl! Each Commissioner, in turn, signed the notice of special meeting. Pledl!e of Allel!iance and Moment of Silence The meeting was opened WIth the Pledge of Allegiance and a moment of silence. Public Service Reminder Director of Public Service, Debhie Arkell mentioned a reminder to call before you dig. Fines and repair costs will be paid for by the per&on who breaks a utility line. Call the locators, two business days in advance at 1-800-424-5555, or check the website, www.callbeforeyoudig.com. Special Work Session 1. Library Board of Trustees Request Ron Farmer, Chair of the Lihrary Board ofTrustee~, expre~~ed appreciation for the support for the Commission and city staff. They met in May, and discussed the possibility of transferring the land that the lihrary doesn't need to the City in exchange for debt forgiveness that will remain after the project is completed. He noted that the balance is yet to be determined, and is pending completion of the project. 06-19- 2006 Page 2 He stated that the trustees will grant the City right of first refu~al on any land in question. He mentioned that there were considerations that the hoard would request and that would he compatible with public i ntercst. Mr. Farmcr noted that he helieve~ those number~ would be known by the completion of the library, and with rcgard to the land, it can alway& be apprai&ed. He stated that defining the u~e would be figured into the apprai~al, and it would have to be divided up into what uses would be designated for the land. He stated that this is a just a concept that the board is putting out for discus~ion and possihle resolution. City Manager Kukul&ki remInded the Commission about what has oecured to this point. He noted that the bridge loan was in effect in Novembcr of 2004, and it wasn't known when it would end. A letter was later put together to set a date of April 1, 2007, to conclude the bndge loan. This datc was because it's expected that the costs would be concluded hy that point, and at that point we would go to an external source to make up thc shortfall. He noted that thi~ IS one option of how we may deal with that shortfall. Public Comment Public comment was provided by the following individuals: Chris Mehl, 115 S. Willson, president of the LIbrary Foundation Rick Cline, Bozeman, Mt. Molly Richardson, former memher of the Library Foundation Board, and fonner assistant city lihrarian to the city of Santa Monica. Jeff Ball, 323 S. Wallace Tracy Alheg 12 E. Garfield, B3 JB Bancroft, 1914 Springcreek Drive, Trustee on the lihrary hoard Joe MacCm1y, 662 Wintergreen Lane, member of the Library Lands Taskforce Gary V odenhal, 614 South 7th A venue Discussion Cr. Kirchhoff notcd that this project has come a long way and been daunting and we've had difficult conversations ahout how to close the funding gap. He stated that how many of the task force recommendations will be followed, i& not known. He added that there isn't a public project that he can think of recently that have come in on budget. He noted that he thinks we should take the potential deal seriously. He stated that the land has been fixed. It was an eyesore, and he thinks choosing this site and rehabilitating the ground was good, and having a public building downtown is good, and the fundraising campaign has been stunning. He abo stated that he doesn't think this memo represents a complete departure from the original ideas about the land. If some developemnt to the south is appropriate, that would he a significant step forward. He stated agreement that hampering the operating budget isn't a good idea. Cr. Jacobson stated that she thinks we should go forward with the recommendation. She stated that she thinks the library is economic development. We wouldn't even be talking about redeveloping Wallace 06-19- 2006 Page 3 if the library wasn't there. This adds to our tax base, because it's there, and she thinh It WIll become a tourist attraction. It's the first thing people will see as they come into BOLeman from the East Main freeway eXIt. She noted that ~he thinks it's not at all conceivable that the deht could he paid off by reducing the hudget. She noted that the library hasn't had an increase in FTE over the past years, and thinks that there will be more use after It opens. She also stated that &he thinks the previous Commission and the Board of TlUstee~ said some silly things and we need to acknowledge that, and we need to retIre the debt and move forward. She also agreed that once the open space is gone, it's gone, but maybe we will have to develop wme part of it. She stated that she sces two issues, how to retIre the debt, and how to we plan for development thcre. Cr. Becker noted two things, debt servIce and use of the land. He &tated that there have hecn public i&~ues and recent article& that haven't heen addressed. He noted that we included in the budget, a debt service amount. City Manager Kukulski noted that in the budget therc is one half years debt service payment. One half because the library wasn't anticipated to go out for deht service untIl later, and we would need to have double that 1Il other years. There are assumptions that we would have a $1.2 milhon debt, and based upon our recent, updated cash flow statements, our debt e&timate has increased recently to $1.8 mIllion. Responding to Cr. Becker, City Manager Kukulski noted that there arc some legal technicalitie&, about whether the City of Bozeman owns the library or not. The library is an entity to the city, and the library was for whom the votcrs approved the bond. Further responding, City Manager Kukulski noted that the library is part of the general fund for the City, it compete& for money WIth evcrything else. City Manager Kukulski added that when we look at the land he would advise being very cautious, and if the land possibly will be transferred to the City, it's consistent with the discussion from day one, provided that the land is liquid and becomes cash, because the City has a debt we have to pay. He clarified that since the day the CIty signed the contract, we have becn on time and in budget. He noted that all those apparent cost overnlns are from estimates that are year& old. Responding to Cr. Becker, City Manager KukulskI noted that it would be the city that would be controlling what land would be sold, and for how much. Whatever the sale of property that would be there, there isn't anybody who thinks the money wouldn't go to paying off the debt. He noted that the land was purchased for the reason of building this library. He noted that the Commission has to take very seriously the proposed sale, because it would require that a few acres be sold, not just a few hundred feet Responding to Cr. Becker, City Manager Kukulski noted that there are either one or two options, either immediately sell the property, or would the City be a partner with the other property owners along Wallace. He cautiously stated that the owners have been contacted and there is a willingness to discuss joint development. Cr. Becker noted that we should take a look at that land and the city should be an active partner to that. 06-19-2006 Page 4 Re~ponding to Cr. Becker, City Manager Kukulski noted that we should continue the dialogue with the Board of TlUstecs, and get a feel for the desire& off the Commission regarding how much land might be sold. He stated that there is resistance to the $200,000 coming out of the lihrary operating budget, but the City i~ paying for it one way or another. Cr. Becker asked about mayhe using MandevJlle Farm to leverage some people who are downtown to pO~~lbly move. City Manager Kukulski noted that any time there is puhlic lands, and a willingne&~ to work with neighbors, the City gai ns control by having control of property. This is how groups gain levedge in guiding development. Cr. Rupp noted that this was inheritcd from the la&t Commission. He had two comment&, the concept that we would open a new building and to reduce the budget doesn't make any sen~e. He noted that he needs some specifics on the land, he assumes it's the land the library doesn't need for the current building or the expan&ion. He noted the $1.6 million includes the sale of the one acre. We have the opportunity to takc control of this and with public participation, we could do a nice redevelopment downtown. Mayor Krauss noted that in 2004 when the Commission looked at this, the reasons for making the deal, was that if we would look for any savings the hoard could come up with that would reduce the CO&ts, we would find ourselves in the place we are today, and it was a substantial incentive. He &tated that he doesn't think they responded to that incentive. We now find ourselves in an unacceptable position to reduce the library budget and that doesn't work. He stated that he thinks the library is part of the puhlic welfare charge the City has, it's not his biggest priority with the public safety sitting out there: law enforcement, etc. He ~tated that he doesn't think the General Fund should take the hit for the shortfall. He stated that he would love to have the abIlity to redevelop that land. He also stated that he thinks the things Cr. Kirchhoff said are valid, and we've talked about never impacting the land east ofthe ditch, and the land south of Pete' ~ Hill. He ~tated that he thinks we may be able to use the federal money to build the parking lot. He knows that we had a taskforce that did a great job of satisfying the special interests groups, but theIr proposals would not have filled that shortfall. We haven't talked about a proposal to put a bond I~~ue on the table. He stated that there is not a more public process than a vote. He stated that he thinks Cr. Kirchhoff said It right, and things are changing; we're faced with the here and now. He thinks that what we need to do is deal with the $2 million deficit, recognizing the value of the land, while there may be a small amount the public may be willing to see developed. He statcd that he thinks it's impossible to get straight value trade. He asked that the subject be brought up, and appreciates that the library board is willing to swallow hard, but we have to go forward in some way, thinks what we're all concerned with are impacts on the community in a number of ways. He notcd that the sell doesn't seem to meet public approval, and really, he prefers to see it open space, rather than some kind of insidcr deal. Cr. Jacobson mentioned that she never heard the debt is going to be $2 million until tonight, and a few days ago, the Finance Director told hcr it would be about $1.6 million. Suggested that we could borrow money from investments and pay it back when we sell the Story Mansion. 06-19- 2006 Page 5 City Manager Kukulski noted that when the &taff was working on the spread sheet, It was when James Geohrung and his work with the grant funds came out that this number was beIng greatly reduced. It was obvious that early on, we were not going to be able to utIlize all the funds for the project, hecause one cannot use the federal money to reimhurse oneself. When we found that out, we forwarded the new numbers. In the $1.6 million, there is still the ~ale of an acre for $375,000. That is already pledged to be sold. Hopefully there will be donation& and it's won't he that high, and staff is ~upplying the numbers a& quickly as we are getting them. Mayor Krauss noted that there isn't any case that the foundatIon hasn't been an excellent partner. What Mr Mehl had to say was dcad on. 2. Budget Workshop Mayor Krauss asked for puhlic comment on anything regarding the hudget. Mayor Krauss deferred the budget workshop was to later in the meetll1g. Minutes - March 6, 2006 Out&tanding: January 17, February 21, May 15, June 5, and June 12,2006 City Manager Kukulski noted that the minutes of June 5,2006, arc not presented for approval as was noted on the agenda. He noted that they are still outstanding. It was moved by Cr. Becker, &econded by Cr. Rupp, to approve the minutes of March 6 and June 5, 2006, as submitted. The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Mayor Krauss deferred action on the minutes of January 17, February 21, May 15, June 5, and June 12,2006, to a later date. Consent Items I. Authorize payment of claims 2. Acknowledge receipt of Monthlv Report - Building Division 3. Adopt Resolution 3919: Intent to Annex Norton East Ranch 4. Adopt Resolution 3922: Certification of Delinquent City Assessments to the County 5. Authorize City Manager to Sign Parking Garage Contract for Grant Application 06-19- 2006 Page 6 6. Authorize City Manager to sign Change Order 2 to WWTP Storage Maintenance Building Proiect 7. Award contract for 2006 Street Improvements to Big Sky Asphalt, Inc. in the amount of $312.376.00 8. Accept UtIlity Easement from Northwest Energy, for eight-inch gas pipeline near the corner of West Oak Street and Buckrake Avenue 9. Accept City Manager'& Appointment to the Police Commission 10. Approve Final Plat for Sunfish Minor SubdIvi~ion Cr. Rupp noted that Item 7, the bid came In under budget, and we should be appreciati ve of that. It wa& moved by Cr. Rupp, ~econded hy Cr. Kirchhoff, to approve the Consent Items as listed ahove. The motIon carried. Tho&e voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Public comment Dean Gamble, 13 Hitching Post Road, sugge~ted that the City should work harder at watcr conservation. He noted that the City is wasting water by running sprinklers when it was raining. Cindy Andress, 2 Haley Road, came to thank the Commission for helping with the motion picture project, especially Cr. Becker and Cr. Rupp for coming out on Sunday and helping show the folks around the Story Mansion. Brianna, the liaison between the public and the film company, thanks the City for their hospitalIty, at lea~t 50% of the locatIons are going to he in Bozcman. She offered her cell phone number, 599-8440, in case there arc any questions. Public Hearinl!s 1. Lloyd/Safranek COA/ARD/Dev This was the time and place set for the public hearing on the Site Plan and Certificate of Appropriatene&s, to allow relocation of existing residence, dcmolition of the existing detached garage, renovation/remodel of the relocated residence, new construction of a two-story single-household residcnce and new constlUction of two, onc-story dctached garages, with deviations to allow both detached garages to encroach two feet into the required twelve-foot rear yard setback, and to allow both detached garages to provide two feet less than the required 26-foot backing distance for 90-degree parking, as requested by Comma-Q Architecture, Inc., for Ponderosa BuIlders, LLC., c/o John Lloyd, and Rob Safranek, on property describcd as the cast side of the 400 block of South Grand A venue, under application Z-06075. 06-19-2006 Page 7 Public hearing Mayor Krau~& opened thc public hearIng. Planncr AIIyson Bristorprescntcd the staff report. She noted that &taffha& reviewed the application in light of the applicable criteria and staff's findings are contained in the staff rep0l1. Staff has forwarded a recommendation of conditional approval. She noted that the applicant Intends to apply for a subdivision exemption in the future. She &tated that the existing residence is c. 1900. She mentioned that one letter of supp0l1 was received. She noted that staff finds the 45-foot lot width to be appropriate and the garage encroachments to bc appropriate, and &tated that the garages will be under 600 square feet. Ben Lloyd, Comma Q, representing the applIcant, noted that they looked at the neighborhood to de~ign somcthing that was sensitive to the area and appropriate. It's their goal to have it fit 10 &eamlessly. Responding to Cr. Rupp, Mr. Lloyd noted that they are moving the existing home because the foundation is in poor condition. Responded to Cr. Becker, Mr. Lloyd noted that the applicant agrees to the condition~. The following people spoke at the publIc hearing: Steve Wallace, 401 South Willson Responding to public comment, Mr. Lloyd noted that the rear yard sethack is an attempt to balance the garage, yard, and hacking area, and they feel the backing distance is acceptable and is supported by staff. Ms. Bristor noted that the current existing residence is a duplex, and it will be made back to a single household residence, so there will still only be two dwelling units on the site. Discussion Cr. Kirchhoff commented that this is a difficult project, because it's prone to argument and controversy, so when something perfect comes along, he doesn't know what to say. He stated that he thinks this will be a heautiful enhancement to the neighborhood. Assistant Planning Director Chris Saunders noted that ten foot is halfthe distance of a parking &tall. He noted that it's too short, and any rational person would not put a vehicle there. He noted that this configuration i~ de~igned not to have a vehicle outside of the garage. Cr. Rupp noted that he's Impressed by Mr. Lloyd's work. Cr. Jacobson noted ~he lIkes this project and it's a great infill development. The house to be renovated is a real eye&ore. She thinks this will be a huge improvement. Hopes that whoever occupies these homes will respect the lilac bushes. 06-19-2006 Page 8 Decision It was moved by Cr. Kirchhoff, seconded hy Cr. Becker, to approve application for Site Plan and Certificate of Appropriateness, to allow relocation of exi~ting residence, demolition of the existing detached garage, renovation/remodel of the relocatcd residence, new construction of a two-story singlc- household residence and new construction of two, one-story detached garages, with deviatIOns to allow hoth detached garages to encroach two feet into the required twelve-foot rear yard sethack, and to allow both detached garages to provide two feet less than the required 26-foot backing dI~tance for 90-degree parking, as requested hy Comma-Q Architecture, Inc., for Ponderosa Builders, LLC., c/o John Lloyd, and Roh Safranek, on property de~cribed as the ea~t ~ide of the 400 hlock of South Grand Avenue, under application Z-06075, subject to the following condItions: 1. Prior to Final Site Plan approval, the applicant shall suhmit modified elevation& of the remodeled hou&e (# I) to the Department of Planning that show the proposed hasement windows and window well~. 2. Prior to Final Site Plan submittal, the applicant shall provide a written narrati ve that c1carly descrihes the proposed steps in rehabi litation for the remodeled hou~e (# 1 ). 3. If partial demolition is included with the rehabilitation, the applicant shall attempt to salvage individual huilding materials. The applicant may choose to &alvage materials at his personal cxpensc (personal storage, etc), or he may offer them for trade and/or sale to the public (newspaper ad, etc.). Prior to Final Site Plan submittal, the applicant is required to submit documented proof to the Department of Planning of the attempt to salvage the materials. 4. Prior to Final Site Plan approval, the applicant ~hall provide a landscape plan depicting hoth existing and proposed landscaping on the subject site, for final review by Administrative Design Review Staff. 5. Prior to Final Site Plan approval, the applicant shall provide a color palette and sample materials board, for final design review and approval by Administrative Design Revicw Staff. 6. This project shall he constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifieations for review and approval by the Department of Planning prior to undertaking said modifications. 7. An Exhibit of Survey shall be provided with the Final Site Plan and stamped by a Registered Land Surveyor in the &tate of Montana. The exhibit boundaries shall be labeled with bearings and distances and reflect those to be recorded with the Amendcd Plat suhsequently prepared for the project through use of subdivision 06- 19-2006 Page 9 exemption. All Final Site Plan boundaries &hall match that shown upon the Exhihit of Survey. 8. The Final Site Plan &hall be adcquately dimensioned and a legend of allline-type~ and ~ymbols utilizcd shall he provided. 9. Label and dimension any existIng and proposed easemcnts and right-of-way on and adjacent to the project sitc. Distinguish between propo~ed and eXI~ting easements. 10. The sizes and locations of all public utility mains and scrvices adjaccnt to the project site shall be properly depicted and labeled, a~ well a& nearby fire hydrants. Distinguish between proposed and existing mains and services. 11. Sewer and water servIces ~hall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. 12. Water/sewer service lInes shall maintain a minimum horizontal separation of 10' from lot and boulevard trees. 13. A City standard alley approach ~hall be con&tructed at Koch Street and a note and construction detail provided to this effect on the Final Site Plan. City standard details are presented in the City of Bozeman ModificatIOns to MPWSS, 5th Ed. 14. Cracked or damaged sidewalk panels shall be replaced with new sidewalk in the standard location d.e. I' off property line). 15. An encroachment permit shall be obtained from the Engineering Department prior to the storage of construction related materials and refuse within a public ~treet right-of-way. 16. A phasing plan and schedule shall be provided with the Final Site Plan if the project will be constructed in more than one phase (i.e. separate occupancy request& for the respective home sites ). The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.l UDO. This shall be submitted as part of the Final Site Plan for site developments, or WIth the mfrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 17. All construction activities shall comply with section 18.74.020.A.2 UDO. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs 06-19- 2006 Page 10 a&sociated with the work if it hecomes necessary for the City to correct any problems that are identIfied. The motion carried. Those voting Aye being Crs. Kirchhoff, Jacohson, Becker, and Rupp Those voting No heing none. Mayor Krauss abstained because he was out of the room during discussion. 2. East Gallatin Recreation Area Parking Lot This wa~ the time and place for the public hearing on a Site Plan with publIc agency exemptions to allow the construction of a new gravel parking lot with six parking spaces and related ~ite improvements, as reque~ted by GallatIn Valley Land Tru&t (GVL T), for the City of Bozeman, on property located north of the terminus of North Rouse A venue on the west side of the East Gallatin RIver, under application Z-06114. Public Hearing Mayor Krauss opened the public hearing. Planner Susan Kozub presented the staff report. She noted that staff ha~ reviewed the application in light of thc applicahle criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She stated that this will improve an eXIsting ~ituation of an undefined parking lot that is there now. GVLT I~ providing the funding for the project. Shc noted that no public comment was received. Ted Lang, GVLT, statcd he is herc to answer qucstions. He notcd that they won't be digging mto the landfill, and clarified that funding is coming from a recreational trails and a grant. Responding to Cr. Rupp, Mr. Lang noted that the cost of the gravel vs the paving and striping is a significant increase, and they do not have adequate fundIng for pavement. Cr. Rupp noted it's an improvement, but he's uncomfortable whcn wc create building standards for evcryone else and the City exempts ourselves. Mr. Lang noted that with gravel, there isn't as much IUnoff, and this is of concern because of the river's proximity. Ms. Kozub notcd that the parking lot is designed so that if it's paved in the future, there will be adequate retention ponds. Decision It was moved by Cr. Jacobson, seconded by Cr. Becker to approve the application for Site Plan with public agency exemptions to allow the construction of a new gravel parking lot with six parking spaces 06-19-2006 Page 11 and related site improvements, a& requested by Gallatin Valley Land Trust (GVLT), for the City of Bozeman, on property located north of the terminus of North Rouse A venue on the we&t SIde of the Ea&t GalJatin River, under application Z-061 14, subJect to the following condition&: 1. City Standard "No Parking" signs shall he placed along the drive aisle. 2. The loop drive aisle shall he sIgned one way traffic only. 3. Edge of road delineators shall be placed around the entire new parkIng area and drive aisle. 4. The conditions and code provi&lOn& outlined In the Staff Report are to be completed in the futurc, onlv if fundinl! and resources are made available. The motion carried. Tho&e voting Aye heing Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Tho~e voting No bcing none. Break Mayor Krauss declared a break from 6:41 - 6:54 p.m. Action Items 1. Proclamation to declare Moron (a.k.a. Moron or Muren), Hovsgol, Mongolia, to be an official sister city to Bozeman, Montana, USA City Manager Chris Kukulski presented the proclamation. Kent Maclin, Boojum Expeditions, noted the Ambassador of Mongolia is out here looking to make connections. He stated that Montana is very similar to Mongolia In many respect&. The ambassador requested we look into a sister city relationship like this. He notcd that the community already has a relationship with Mongolia, noting that his company is a travel company that ha& been there since 1996; the Tributary Fund rehabilitates monasteries, and there are other busincsscs that have relationships as well. The Bozeman Sunri&e Rotary Group has been making donations to that area, for &chool and hospital efforts. He stated it's the sort of thing to kick off the ambassador's visit with a hang, and to start a relationship that WIll spawn other eonneetions. Moron is the capital ofHovsgol, and the gateway to a park, the largest national park in Mongolia. Responding to Cr. Rupp, Mr. Madin noted that these groups got MSU BioscIence started with their relationship as welL Responding to Cr. Becker, Mr. Madin noted that a sister city proclamation is largely symbolic, hut it raises our awarencss of other parts of the world. Some people will look it up in an arias, plus we have 06~19-2006 Page 12 companie& and entities working in Mongolia, and this could spawn people hecoming more informed. ThIS proclamation would lend &olIdity to the relationship. Mayor Krauss noted that we have some expertIse III some of the areas that could help Mongolia. There wiU be a scientific expedition to that area and if we could ~trengthen tie~, and the amhassador is coming, this all demon~trate~ commitment. Mr. Madin noted that on Thursday the 22nd, from 5-7 p.m., the entities that are involved to Mongolia will have displays set up at the Museum of the Rockie&. He encouraged the public to come in and get a little buLZ going about it. He stated that we have so much to teach them, it's coming fa~t on their horizon. He also noted that they have heen living with wolve~ for 2,000 years and they still have all their animals. Cr. Kirchhoff noted thi~ is a wonderful opportunity, he doesn't know any ambassadors that have come to Bozeman; any kind of cultural exchange is great. It was moved by Cr. Becker, seconded by Cr. Rupp to adopt the proclamation to declare Moron (a.k.a. Moron and Muren), Hov&gol, Mongolia, to be an official sister city to Bozeman, Montana, USA. The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Thosc voting No being none. 2. Initial Appointment to the Northeast Urban Renewal Board Following Commission discussion, it was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to appoint members to the NURB, as follows: A. Business owners within the district: 1. Eric Cr. Rupp. Nelson with an initial term to cxpiration on June 30, 2009 2. Terry Giovanini with an initial term to expiration on June 30, 2008 B.. Residents from within the district: 1. Robert Dougherty with an initial term to expiration on June 30, 2009 2. Nelle Thompson with an initial tcrm to expiration on June 30, 2007 C. Member at-large: 1. Lisa Danzl-Scott with an initial term to expiration on June 30, 2010. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. 06-19-2006 Page 13 Appointment of non-votinl! members to the NURB It was moved by Cr. Kirchhoff, seconded by Cr. Jacobwn, to appoint the non-voting member~ a~ listed below: A. Non-voting member&: 1. Joe Batcheller with an initial term to expiration on June 30, 2009 2. Eric W. Nelson with an initial term to expiration on June 30, 2008 3. Dana Pepper WIth an initial term to expiration on June 30, 2007 Non-action Items 1. Solid Waste Update Project Engineer Dustin Johnson presented the Solid W a~te Update. He noted we have new ~urvey data and a new Solid Waste Manager, Steve Johnwn. Engineer Johnson gave a brief history of the solid waste in Bozeman. He noted that in 1969, we opened the landfill at Story Mill, and in 1997 we opened new cells. In 2000, the City started inve&tigating other options to the landfill, and in 1994 there was possible contamination, from the old cell probably. In 1997, the City in&talled a gas extraction system, and ground water is now being ~ampled quarterly. He reviewcd the statistics and the state of the current landfill cell. He noted that if we opcned it up fully, we would have less than a year, but if we keep it at current volume, we wIll have about 15 years. Responding to Mayor Krauss, Engineer Johnson noted that we are operating at about 1994 standarcl~. Mayor Krauss noted that we are [cally operating at 1988 standards. City Manager Kukulski noted that Engineer Johnson is working off the cuff here, and everything was less expcnsive then. City Manager Kukulski noted that with operating at one day a week, we cut our costs. We think that all the same tonnage will come in on Saturday, instead of over the week. Ms. Rosenberry noted that we would cut to one day a week, eight hours, and we assume that people will hold onto their garbage until the Saturdays that it will be open. She noted that we have found that having any sort of operation up there more than one day a week, we can't break even. City Manager Kukulski noted that his recommendation would he to rcview the policy dircction about the landfill. Responding to Cr. Becker, staff noted that our current loss at the landfill is about $30,000 a month, just for disposal. Steve Johnson, Solid Waste Superintendent, reviewed the current operational statistics ofthe SolId Waste Division and the predicted statistics for the immediate future. He noted that by eliminating thc 06-19- 2006 Page 14 cardboard bailer and the FTE operating it, and transferring the cardboard to Four Corners, we brought in almost $5,000 in the month of May. It abo free~ up 1.25 FTE. As a bu~mes~ deci~lOn, he recommends that we move in thIs direction. The value of the bailer i~ about $40,000 on the market. Superintendent Johnson suggested to increase the minimum tip fee to $1 0, and eliminate the double weighing for minimum trips. He stated that there i& a general standards of weight that you can get into a small truck or car. He recommended no change in residential rates, suggested to reduce commercial front loader rates hy 11-12(7(1, and to increa~e the roll-off rates by 30% to be in balance with market rates. Responding to Cr. Rupp, Superintendent Johnson noted that he thought the dumpster rates seem out of balance with market rates, and the roll-off seems to he losing money. Thc 11-12% decrea~e on dumpsters i" hased upon our costs now. When you break it down by the yard, it's easy to build a fee structure. Superintendent John&on ~tated that when the landfill clo&e&, it will need at least 6" of topsoil to cover the facility with a vegetative hearing cover. He recommended to save the composting to use for the closing covering. Retaining the compo&ting make~ more sense than selling it for the marginal rates we get anyways. Superintendent John~on discu~~e~ variou& option&. Regarding the Clas~ IV cell expansion, he noted that he couldn't find a reason the cell was closed out at this point. In researching with engineers, there is capacity for about 7,000 tons per year for the next 3.5 years, at $77 per ton, hased on the old rate, it brings more than a million dollars per year, and the development cost is $76,000. He &tated the key to operating the facility is determining what is competitIve vs. the haul to Logan. The operating cost annually would be about $600,000$ per year, total revenue for 3.5 years would be -$1.2 million. He discussed convenience ~tations at the landfill, noting there would he three roll-off boxes for household garbage, and there would be recycling binnies for batteries, waste oil, and household hazardous waste. He noted that this facility would be proposed to be open every Saturday morning. The costs would be about $90,000 for construction and $54,000 for annual operations. He proposed to change the gate to make it perpendicular to the road, because he thinks there is a safety hazard that could be avoided. He proposed the convenience site to be free for city residents for with city pickup, $125 annually for those served by non-city hauler, and $250 for county residents without garbage pickup. He noted that the department is spending about $500,000 per year to drive to Logan, and they spent $42,000 in June in tipping fees. He noted that collection is breaking cvcn now. He identified an area that is licensed but not permitted for solid waste, noting there would be permitting costs and development costs ifthe Commission wanted to open a new Class II cell. Responding to Cr. Becker, Superintendent Johnson noted it would be exposed from the road, but when you operate a landfill where you have exposure, you stm1 at the bottom and work behind seams so nothing is seen. City Manager Kukulski noted that what Superintendent Johnson is talking about is operating a landfill different from what we have done in the past and what is being done at Logan, noting that people looking at it will only see a berm. He noted that the operation can't he seen today because we have bermed 06- I 9- 2006 Page 15 the landfill. The cost of penmttmg, developing, etc, is about $2 million, and it would take about 12-24 months. He noted the DEQ has committed to fast track which would mcan about 12 months. With typical compaction rates, there would be about 5-7 ycars of space, at a rate of about $2 million a year, less operating costs of about $1.2 million a year, for about $816,000 a year in revenue. He noted that we are working on closing thc south side of the current cell, and it will be seeded by fall. He ha~ received no complaInts to date, from any of the neIghbors, and hopes they see we are trymg to be a better neighbor. Superintendent John&on suggested another option that would be a simple transfer station at the landfill, a bare bones transfer station pushing into large 50-foot tractor boxes, it would need three trucb, and about 6-10 trailers, which would be more efficient than hauling them one at a time. Thi& option would not generate any revenue. Cr. Becker noted the implications would be that we would havc some up front capital costs. Superintendent John~on noted the third option might be a material recover facility, this would allow for processing of recyclables from the waste stream and allow expansion into curbside recycling. He is looking at Logan as the long-term solution for the City, as there is about 100 years of life out there. He suggested that investing in a Class II cell would generate funds for a Material Recovery Facility possibly. Responding to Cr. Becker, Superintendent Johnson noted that we are 10 -20 years away from a federal mandate for a Material Recovery Facility. Cr. Becker noted that maybe $42 a ton isn't enough, he noted that we were talking ovcr $53 a ton for the transfer station. If that's where we're going, we need to plan for that now, for the future. Superintendent Johnson noted he sees Bozeman as being rather advanced. He sees curbside recycling by prescription would be great, and people are looking for recycling opportunities. He noted he would not be doing It like Headwater; we would be using the glass into curhing, if you elUsh glass into 3/8, you can put 20% into curbing, and when headlights shine on it, you get reflectivity on the curbs. Cr. Becker asked if there IS a way to start building up to the MRF facility, how can we make the first improvements to where we are building up to that. Superintendent John&on noted that there isn't enough space for a MRF station here. He noted that he was concerned about the traffic on Mclllhatten, and there IS very lIttle traffic on Story Mill Road now. He noted that the convenience station would be an interim station to get us through the next 5-7 years, and there is a real responsibility for the City to capture the hazardous material; to capture it before it enters the groundwater. He noted that the City pays a considerable amount every other year for hazardous material pickup. Cr. Rupp noted it seems appropriate to allow him to go forward with the cardboard operations and the rate adjustments across the board, but he's just not used to reducing rates. He noted that keep the composting and the Class IV expansion seems appropriate and the composting seems appropnate. He also stated that the New Class II cell seems appropriate. 06-19-2006 Page 16 The following people submitted public comments: Dean Gamble, 13 Hitching Post Road Cr. Becker commented that we want to be able to retain management of our solid waste future and agrees with Cr. Rupp that we need to look at the MRF. He stated that having the Class II cell on the table is a logical way to proceed at thIs point. Superintendent John~on thinks that with this propo~al we have something to put on the table to the district. He noted that we have some capability if the Class n cell gcts opened up, and we would &till share the refuse with Logan, and both facilities would he fostered in development, and to get to the MFR, we need to bridge both by joining the (h~trict and working through the generatIOn of revenue. Cr. Kirchhoff &uggested he wants him to move forward and refine the numbers, and bring hack something we can all cxamine. Mayor Krau~~ noted that III hi& opimon, Story MIll Road Isn't acceptable for heavy truck traffic. He thought the convenience station was an excellent idea. Tn regards to the Cla&s II expansion and the composting, he's interesting in heanng more numbers. He suggested that for the MRF, we need to join the district and we haven't done that. He agreed that Logan i& a 100-year solution. He noted that the convenience station addresses hazardous waste. He liked the idea, that when you use a yard, you pay for the yard you use, and the next yard, and that cost should include that and what we do to replace it. He noted that Story Mill Road is not the place to site a landfill. He also noted that the complaints he hears is that the landfill is not open over the noon hour. Superintendent Johnson noted that he doesn't think the frec dumping is considerable, noting he thinks it's not 40-50%, but in~tead thinks it'~ minuscule. Cr. Rupp noted that untIl we Join the district, we need to look at running our landfill. Mayor Krauss noted he's ready to start cooperating and join the district. Mayor Krauss noted that there are five Commissioner saying go forth and conquer. 2. Budget Workshop (cont) Cr. Jacob&on &uggested that maybe since we never seem to have enough money through the General Fund to fund public safety, maybe we should put a levy on the ballot. City Manager Kukulski noted we are taking over $600,000 out of the General Fund for 911, and if there were a county-wIde levy, those monies would be availahle for public safety. Finance Director Anna Rosenberry notcd that it has always been thought that we would go forth with a fire department and police department levy at the same time before the voters. She noted that we 06-19-2006 Page 17 hope that 911 would already havc heen succe~sful. She also mentioned that to find a &ource to fund the 911 ~ystem is doable and would be quicker to get that done. City Manager Kukulski noted that there is nothing that prevents us from having the 911 dI~cu~~ion. The inequity of the current system is taking so much money. He noted that staff would recommend that we lower the mill levy to an equal level, and then we can have good publIc discussions and thcy will be able to make that decision. He &tated that thc fire department study will be presented in about 60 day~, the police depaI1ment study won't he ready for the November ballot, hut we are hoping for spring or summer of 2007. Cr. Rupp noted he can control beginning to staff that fire station, and realize& it's a tradeoff, but he'~ ok to have that conversation. He noted that the Bealle Park issues aren't as important as the fire department ~taffing. He also noted that on the unfunded side was the possibility of additional hours for the library. Mayor Krauss noted that we used to have a large amount of cash in the impact fee funds, and we may have had a reliance on that large balance which made It ea&Ier to operate. Now that we don't have that, it's another reason wc nced to have a high General Fund rcscrve. He noted that the general guidance i~ to increase the reserve. He stated that we arc a city with a heavy reliance on property taxes, which is a single source or income, and it's important to also note that the general guidance is that you have a higher than mInimum reserve when you rely on a single source. Cr. Kirchhoff noted he was happy to hear thc comments ahout making public safety a number one priority. He stated that he wants to add to the discussion that we only finance 65 eost share trees per year and is there room to raise that to RO trces, and maybe we could find a way to hump that up significantly. City Manager Kukulski noted that this is a simple thing to do, by either cutting back on trimming or tweaking $.50 per year could dramatically change the number of trees. Cr. Kirchhoff noted that maybe we could let any qualified arborists to try and take the trees from the nursery and the trees were left to grow and they were afraid to take them out because they were afraid they would die. Mayor Krauss notcd he's unconvinced for the $165,000 for acrial photos, and the $45,000 for the Bealle Park remodel is a tough one for him as well. Mr. Brcy noted that we're putting somc of the Recreation and Parks people over to Bealle Park, and there are some code requirements. Mayor Krauss noted it seems to him that one of the log jams is planning, all those planning documents we have, he questioned whether we are sufficiently covered in planning. He worries we are jammed up there, and if it required raising the rates again, he could think about that, and have thcm kick in January 1,2007. He stated that he under~tands the concern about fire, but doesn't see the need to staff an imaginary firc station before it gets going. He's not rcady to add firefighters, but he's ready to add FfEs to the polIce department. He suggested that if you took the $165,000 that would be three FTEs. He also 06-19- 2006 Page 18 would like to know how they police department would use three if we gave them three. He a1&o opposes any General Fund increase. He noted that we are gOIng to increase other things, and opposes putting the other three mils hack in. He stated that the reason that we dropped them last year was that we increased fees for water and ~ewer, and we increased either streets or trecs. He also didn't hear much advocacy for the 2nu mIl for affordable hou~ing, and if we're not going to have any advocacy, then maybe we need to addre&s $65,000 for the last police FTE or the parks person. Cr. Rupp stated that we need to get stuff off of the agenda ~o we can talk ahout policy matters, and suggested re&tarting the Board of Adjustments. Mr. Brey noted that the Board of Adjustments can hear variance~, appeals, deviations, and special exception~, (CUP, PUD). City Manager Kukulski noted that we need to bring them options for what the Board of Adjustments can do, and that Mr. Saunders wa& looking at another direction to take things off of their plate. Suspension of Rules Pursuant to Rule 3.A.2 of the Rules of Procedure, Mayor Krauss extended the meeting. 3. Discussion - FYI Items A. Statement regarding Baxter Meadows and the proposed road development near the intersection of Baxter Lane and Harper Pucket Road. B. Cr. Jacobson noted last week when we were talking about he Watcr Facilities Plan, and as far as conservation we said wc have done everything we can do. She found something that Marcia Youngman &ent about a study done in 2002, and that study had concluded that regarding the water supply, conservation should be our number one priority. She said that she sent a list of about eleven items that the Commi&sion should take a look at. She also noted that she finds It amazing that wc've hired consultants and we're not looking at conservation or putting notices in the water bill about what wc can do at home. She questioned what could we save if we had water restrictions on lawn watering, etc.? (2) She noted that we don't have any continuity in the Commission. (3) She also noted that she will be abscnt next Monday C. Cr. Becker noted he will miss the SWMD meeting: Ms. Arkell and Steve Johnson noted they will be in attendance. (2) There is a bon voyage Bealle Park Building party. (3) Ms. Saunders noted we are not taking the time off from the Impact Fee Advisory Board, but therc hasn't been anything for them to meet ahout. (4) Last week the C AC held an event and Mayor Krauss got a big check. (5) Cr. Becker will be gone August 14111. 06-19- 2006 Page 11.) D. Mayor Krauss noted he did follow up with the dam people, and the 6,000 acre feet we have on that dam. There is a feasibility and engineering study that is currently ongoing regarding the dam. (2) He noted that at one time we talked about buying the Story Distributing Site, and mayhe we could buy that with federal money. He suggested that maybe we could buy the acrc contiguous to that ~ite for the trail corndor, it's the one acre that thc community has been trying to buy, and the open space people have put some money into It and mayhe we could put $50,000 into that. (3) He noted that the Ambassador reception is 5:00 p.m. at the Museum of the Rockies on Thursday. The City meets with him at 3:00 p.m. tomorrow to wiJI present the ambassador with the sIster city proclamation that was approved tonight, and welcome him to Bozeman. (4) City Manager Kukulski noted that Immediately after that is the volunteer appreciation event at the Emer&on Cultural Center, Junc 22,7-1.) p.m. (5) He also noted that we also don't have a volunteer Ct20.nJ-inator. The Mu&eum of the Rockies get& the equivalent to 20 FTEs 10 volunteer work. (6) Mayor Krauss noted he will be ab&ent on July 10. (7) He noted that he got a letter or two about the speed limits on N. Il.)th. Ms. Arkell noted it wIlt be 40 mph when it is finished. E. Cr. Kirchhoff was happy to hear Cr. Becker was the harde~t workIng Commissioner in the volunteer business. F. Executive Assistant Semerau reminded the Commission that Kent Madin informed us that tomorrow's event will be televised and they want to interview the Mayor. G. City Manager Kukulski noted that there is an issue with Baxter Meadows, and the partle~ are working with our engineers, the developcrs engineers, etc. (2) The Commission decided to cancel the July 3rd meeting. H. Mr. Brey asked the Commission if they could agree to an extra meeting. He noted that the North 7th consultant is coming back and would like to get thcm hcfore all the hoards. He would like to have the Zoning Board, Planning Board, and City Commi&sion hold ajoint meeting on Tuesday, August 1 st. The Commission agreed. I. Ms. Rosenberry noted that some budget requests that come outside the normal cycle, and we passed something last year to keep outsIde sources competing in the same pool. J. Mr. Saunders asked for direction about the CAHAB draft that will he discussed on July 18th and Aug 7th. He noted that it was scheduled prior to that and these are the new dates. K. Ms. Arkell noted that next week construction from Durston, from 7th to 19th will begin. 06-19- 2006 Page 20 Ad journment There being no Commission objections, Mayor Krauss adjourned the meetmg at 10:31 p.m. ATTEST: PREPARED BY: f)q$ Devin M. Harbour, Deputy City Clerk Approved June 26, 2006 06-19- 2006