HomeMy WebLinkAbout2000-08-14 Minutes, City Commission
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MINUTES OF THE AGENDA MEETING/SPECIAL MEETING/WORK SESSION
. OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 14, 2000
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The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, August 14, 2000, at 3:00 pm. Present were Mayor
Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff,
City Manager Johnson, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower.
The meeting was opened with the call to order, Pledge of Allegiance, and a moment of
silence.
Aaenda Meetina - for reaular meetina and Dublie hearinas to be held on Auaust 21 , 2000
Since this is an agenda meeting, only those issues requiring staff action are contained in the
minutes.
City Manager Johnson briefly reviewed the background information which was included in the
Commissioners' packets.
. ( 15) Commissioner Kirchhoff asked about potential water problems. Temporary
Planner
Caroline replied there is a 9.5 foot elevation rise, so there is no realistic chance of flooding.
Commissioner Brown inquired about previous flooding. Ms. Caroline responded it was caused by runoff
from hospital property, noting additional culverts have now been installed along Haggerty Lane to
remedy that problem.
(16) Commissioner Frost asked what details will be breaking up the 100-foot side of the
building. Planning Director Epple responded balconies are being proposed. Mr. Frost then asked if there
is some reason why there are no boulevard trees, noting Aspen Motors planted boulevard trees even
though the State said they couldn't. He believes there definitely needs to be boulevard trees; and the
City should keep requiring them, even if the State says otherwise. Commissioner Kirchhoff asked if the
reduced parking requirement was going to provide sufficient parking and wondered if the Comfort Inn
has talked to K-Mart about leasing some parking spaces from them. Senior Planner Skelton answered
K-Mart was not interested in any kind of a parking easement to allow the Comfort Inn to use their
spaces indefinitely, but they would allow parking in their lot without the easement. Commissioner
Kirchhoff then asked if the 144 parking spaces that are recommended are based on the standard
boilerplate for the motel only. Mr. Skelton replied that is for both the motel and the conference facility.
He also noted the applicant will testify that traditionally they have not filled the parking lot as it currently
exists. Commissioner Kirchhoff Questioned the use of Dry-vit, saying he would rather see the City
adhere to the natural materials plan for the entryway corridor. Senior Planner Skelton replied the Design
Review Board has reviewed these plans and is comfortable with using materials that are compatible with
. the existing structure.
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( 17) Commissioner Frost inquired about the landscaping, and Associate Planner Sherman
. assured him the conditions include updating of the landscaping. Commissioner Kirchhoff asked how far
the trees are set back from the sidewalk. Mr. Sherman replied that some of the trees on Nikles Drive
are set back 8 feet, but could be moved closer to the sidewalk. Commissioner Kirchhoff indicated that
sidewalks and bike path connections are required in the North 7th Avenue entryway corridor, but none
are shown on this plan. Associate Planner Sherman replied bicycle amenities will be provided, but not
a bike path; sidewalks will be installed. This project was reviewed according to both the 1-90 and North
7th Avenue corridor requirements, with the Design Review Board being more interested in the 1-90
corridor facade. Commissioner Kirchhoff then wondered if anyone knows what percentage of people
navigate the North 7th Avenue area on foot, noting it seems like there are lots of those who do. Mr.
Sherman offered to talk to the Design Review Board about pedestrian access if the Commission would
like. Commissioner Kirchhoff inquired if there is open space available along North 7th Avenue. Associate
Planner Sherman answered that area is fairly well built out, but there could be an opportunity off-site
for a pocket park. This could be a planning issue, to look at open space requirements in entryways,
when doing the master plan update. Commissioner Kirchhoff questioned the protruding overhangs on
the second floor, which Mr. Sherman explained functioned as off-sets to break up the facade, creating
a staggering facade. He also noted most of the architectural details will face 1-90, and the side of the
building facing 1-90 has been reworked since this drawing was submitted.
(18) Commissioner Frost questioned the landscaping, and Associate Planner Sherman replied
the landscaping will be changed to match that of Lot 10. Some of the parking spaces will be eliminated
and the islands will be increased. The updated plan will show pedestrian amenities as well.
(19) Commissioner Frost noted that on the photograph showing what this tower area will look
like, there is only a chain-link fence, with no landscaping, shown. He also questioned if this is the best
. location to put this, in the open space. Planning Director Epple stated the Commissioners will have more
details on this plan next week.
Sianina of Notice of SDecial Meetina
Each Commissioner, in turn, signed the Notice of Special Meeting.
Discussion - direction to staff re future of solid waste disDosaJ
Mayor Youngman opened the discussion saying the Commissioners have received extensive
public and staff comment, and this is the first opportunity for them to discuss this information among
themselves. While they may have some questions they need further clarification on, they will attempt
to identify which choices the Commission is interested in pursuing, in what priority order, and in what
time frame.
Commissioner Frost stated he has questions for Staff regarding some of the information the
Commission received from the public. Referring to Mr. C. Bowen's letter, page 2, Mr. Frost said City
Engineer Brawner is quoted as saying the new landfill site could never be licensed. Is this true? City
Engineer Brawner replied there are issues of hydro geology and springs associated with the site, and Mr.
Dunlavy previously indicated there are some issues there that are not concrete. Mr. Brawner said if the
landfill were going to be licensed now, the City might choose differently, but he cannot say that with
certainty. However, the site is licensed, and it is not going to be relicensed.
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In his letter, Mr. Bowen also indicated that if the landfill is expanded to the north, closer to
. residential housing, it will have to be relicensed. Commissioner Frost asked if this is true. City Engineer
Brawner replied there is no subdivision on the north side of the landfill; but, in any event, the City has
not been told it will have to relicense if the landfill is expanded. The DEQ will have to approve fillY
expansion plan, but there has been no indication relicensing or repermitting would be required.
Commissioner Frost then asked about statements indicating liners could be installed in areas of hiqh
groundwater. City Engineer Brawner stated it is his understanding there are situations in the SOIII h
where liners are being installed in wetlands and other areas of less groundwater separation.
Referring to statements made on page 4 of Mr. Bowen's letter, Commissioner Frost asked
if the City has a document saying the DOC flume is spreading, as stated in the May, 1999 inspection
report. City Engineer Brawner said this was written on an inspection report by the inspector, but he
doesn't know upon what basis the DEQ made those determinations.
On page 5, Mr. Bowen states a private hauler from Great Falls disputes Damschen and
Associates' projected costs. Commissioner Frost asked if there is any evidence from that hauler the
figures presented to the City could be in error. City Engineer Brawner answered he hasn't seen anything
indicating the figures from Damschen and Associates are inaccurate. No other figures have bff'n
provided. Commissioner Frost restated his question, asking if the City has received any evidence this
can be done cheaper, faster, or better. Mr. Brawner replied Barry Damschen has provided the City with
numbers, and he stands ready to defend those numbers. No one else has submitted any figures. City
Engineer Brawner also noted it would be possible for another service to come in and offer customers
a discount rate at first; then when they have exclusive rights to the service, they could raise their rates
and the City would have no control. He has talked with people in other service areas where this has
occurred.
. Commissioner Frost then referred to Mr. M. Holiday's letter, which suggests the City isn't
testing often enough, asking if there is some sort of testing standard. City Engineer Brawner stated the
normal testing protocol for normal compliance monitoring is semi-annually; and since the installation of
the gas extraction wells, testing has been increased to quarterly. The City spends $30,000 on testing
at this point in time.
Mr. Holiday's letter also asked how many years are the cells predicted to last and what
happens to the costs when that timeframe is halved. Commissioner Frost asked for a response to those
questions. Mr. Brawner replied most of the costs are volume-based, while the administrative costs are
fixed costs. It is cheaper to landfill a lot of garbage over a little garbage because the administrative
costs are decreased on a per ton basis in the long run.
Commissioner Frost noted that in her letter, Mrs. S. Mcllhattan stated the City is not including
the costs of the roads in projecting future landfill costs. City Engineer Brawner replied primary landfill
access is off of Story Mill Road, and the City partnered with Rex Easton to pay for paving improvements
made to that road. Other landfill access is from county roads and the City cannot justify paving those
roads for occasional landfill use.
Streets/Sanitation Superintendent Sicz noted it has been suggested it would be cheaper to
haul to Great Falls. In reality, it is not even cheaper to haul to Logan right now. The private haulers in
this area are no longer hauling to Logan; the City landfill is closer and there is good access.
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Commissioner Kirchhoff inquired about the gas extraction monitoring, asking if that system
. is still working and effective; and is it anticipated it will stay that way? Also, will the figures improve,
stay the same, or decrease? Mr. Dunlavy, Maxim Technologies, stated they have prepared a summary
report of corrective measures, an analysis of the effectiveness of the system, which will be submitted
to the state after review by City staff. Mr. Dunlavy believes the system is working, stating he hasn't
see any data that would suggest otherwise. Commissioner Kirchhoff then asked Mr. Dunlavy if he
expects the landfill to be more reactive or more inert over time. Mr. Dunlavy said this process is source
control and remediation, with the focus being on source control. He believes the conditions will improve
over time. This is an active system, eliminating gases from the unlined cell only. When the new cell
is closed, some kind of a ventilation system will need to be installed, probably a passive one.
Commissioner Kirchhoff asked for verification that this is a finite source; and Mr. Dunlavy concurred,
saying the source has been eliminated with the installation of the vegetative cover; the volume of water
has been lessened since the cover was installed.
After Commission discussion, the following was agreed upon:
OPTIONS TO CONSIDER FOR FUTURE SOLID WASTE DISPOSAL
The options are listed in categories as identified by the Commission.
OVERAll
Establish Commission policy direction for the staff to follow regarding environmental and economic
impact (and any others) while pursuing any direction given, including in priority order:
. . Protect the environment, including groundwater quality
- Cost effectiveness
- long term
- short term
- Reduce volume - through recycling, composting, and innovative technology
SHORT .TERM
Direct staff to (1) review the effects of and (2) implement restricted intake of solid waste at the City
of Bozeman landfill by accepting solid waste generated only by City of Bozeman residents and
businesses.
- Take into consideration the effects on both the City and the County
Investigate the feasibility of constructing a new cell south of Churn Creek, between the old cell and the
existing cell, and/or a new cell west of the existing cell.
Participate in deliberations to form a county-wide solid waste district.
- Investigate participation in
Investigate/identify ways to expand recycling opportunities.
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LONG-TERM
. Investigate constructing (a) new cell(s) north of Churn Creek.
- Investigate ID.l uses
Plan and design a city-operated transfer station at the existing landfill, which would allow continued use
of the landfill for Class 3 wastes, composting, and recycling.
Locate and design a city-operated transfer station on land other than at the existing landfill.
Negotiate with Gallatin County or other disposal sites for a rate contract for waste delivered to said site,
so the costs of transfer can be determined.
Investigate potential partnering for the construction and/or operation of a transfer station with private
entities.
Site and construct a new city landfill.
- Investigate
Investigate the feasibility of constructing a large scale municipal composting facility.
- Consider an "area" facility rather than a "municipal" facility
- Expand the market for compost
- Identify the capital costs of getting sludge at WWTP into usable product for
composting
. The Commission asked for the both the short- and long-term tasks to be added to a future agenda for
a vote on prioritization and action and to allow further public comment.
Break. 5:20 Dm
Mayor Youngman declared a break from 5:20 pm to 5:25 pm, in accordance with Commission
policy.
Commission Resolution No. 3385 - desianatina sDecified hours and Drescribed conditions for use of
wheeled recreational devices in the Boaert Pavilion
Included in the Commissioners' packets was a copy of Commission Resolution No. 3385, as
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3385
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DESIGNATING BOGERT PARK PAVILION
AS AN AREA IN WHICH OPERATION
OF
SKATEBOARDS, ROLLERSKATES, IN-LINE SKATES, BIKES, AND SIMILAR RECREATIONAL
DEVICES WITH WHEELS IS PERMITTED DURING SPECIFIED HOURS AND UNDER PRESCRIBED
CONDITIONS.
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Commissioner Smiley referred to the Recreation Department memo contained in the Commission
. packets, saying City staff needs to honor the specified hours and days of permitted use in the future.
There should be no problem with accommodating the Recreation Department's roller-blading classes this
year, however. Superintendent of Facilities and Public Lands Goehrung stated he believes there is an
expectation on the part of the neighbors that these hours of operation are all they will be subjected to.
Commissioner Smiley replied this issue was discussed at the meeting, and the neighbors are willing to
honor the previously established class schedule.
Mr. Goehrung stated that if the Commission is going to ask him, as a staff member, to make the
decisions as to when the pavilion can be used on Saturdays, it is only an extension of the currently
existing problem. City Manager Johnson stated the neighborhood group does understand planned,
organized activities and that special events can be scheduled. It would be the Superintendent of
Facilities and Public Land's responsibility to decide if these times are acceptable. Superintendent
Goehrung responded he is not comfortable doing that. Dave Crawford, 218 Lindley Place, asked why
future events can't be scheduled during the agreed upon time allotments. Commissioner Smiley
suggested, and all Commissioners agreed, to reconvene the mediation group to discuss and clarify this
one point.
Mayor Youngman noted the Recreation Board wants to know who will decide where the extra
concrete pad will be located. City Manager Johnson answered the intent is still to go to the Recreation
Board for a recommendation on that.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to adopt Commission
Resolution No. 3385, designating Bogert Park pavilion as an area in which operation of skateboards,
rollerskates, in-line skates, bikes, and similar recreation devices with wheels is permitted during specified
. hours and under prescribed conditions, giving permission to uses previously scheduled before 14 August
2000. 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.
Work Session - (A) Discussion re traffic calmina at Kirk Park: and (B) Discussion re master Dlannina of
northwest auadrant near North 27th Avenue
(A) Discussion re traffic calming at Kirk Park
Included in the Commissioners' packets was a memo from Engineering Assistant Kerr, dated August
10, forwarding a preliminary plan for traffic calming on North 20th Avenue near Kirk Park in light of the
impending construction of the skatepark facility.
Mayor Youngman inquired about the timetable and mentioned that the Commission had previously
made a commitment that the traffic calming be completed before the skate park is opened. Engineering
Assistant Kerr responded the timetable will depend upon the bidders. City Engineer Brawner added that
if the project costs are under $25,000 the City is not technically required to bid the project, but the
issues of finding someone to do quality work still stand. Since this is work that will be done in the
public right-of-way, it is particularly important it be done correctly, including adequate traffic control and
bonding.
. Commissioner Brown asked about any problems with other curb extensions, like those on South
Willson Avenue. Engineering Assistant Kerr replied people are opposed at first, but they adjust
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eventually. He also stated the need to continue the drainage around the curb extensions without using
. troughs if possible because that will be easier to maintain. Also 25 mile per hour signs will need to be
installed to show where the speed limit changes are. Mayor Youngman stated the Commission also
wanted to limit the parking to two hours on 20th Street to prohibit commercial parking in that area.
Engineering Assistant Kerr asked if that would pertain to just the park boundary or on all of 20th Street.
Commissioner Frost replied he would like it to encompass most of 20th Street.
(8) Discussion re master planning of northwest quadrant near North 27th Avenue
Planning Director Epple presented background information and reviewed the North 19th Avenue
corridor boundaries, existing land use in the corridor, and existing zoning. He noted Planning Board
members have met with Planning staff in order to start formulating a framework for areas likely to
become part of the City in the next 40 years; one that is consistent with smart-growth policies and
information gathered from the charettes. The general idea they have come up with is an activity center
in the middle of the development, at the intersection of arterial streets, surrounded by neighborhood
commercial centers in a wagon wheel type of design. There would be a well-developed system of
pedestrian and bike trails connecting the centers, with residential areas outlying these centers. Mr. Epple
noted that fundamental to the success of this idea and the 2020 master plan is cooperation from the
county.
A more detailed discussion of the plan ensued with Dave Crawford, Dan Madison, Bob Lee, Ed
Musser, and Mark Haggerty all taking part as well. Eventually, the discussion turned to the SANDAN
development proposal in particular. Mr. Madison said he believed they were doing what the City asked
them to do two years ago. They have incorporated into their project a network of walking and riding
trails on both sides of Cattail Creek and provided a buffer from the big box stores, gradually transitioning
. to a residential area. Their intent is to create a nice development with bicycling and walking traffic
pathways.
Planning Director Epple asked if the Commission wants to reconsider the zoning for the SANDAN
project as it is annexed. Mayor Youngman replied traditional zoning doesn't facilitate smart growth.
The Commission doesn't have a sense of the planning of this property, so they need to make sure they
are addressing all the issues the Commission wants covered for the future. They need to know the big
picture, rather than just for this particular piece of the property. Commissioner Smiley voiced her
concern that this land isn't even in the City; it is in the County. She added, the City Attorney has been
telling the Commission for years they cannot do condition zoning, and this seems like condition zoning
to her. City Attorney Luwe pointed out the Commission is asking for a master plan of the area before
annexing the property.
It was agreed to schedule a work session meeting for Thursday, August 17th at 7:00 pm to continue
the discussion regarding the master planning of the North 27th Avenue area and to identify questions
that still need to be answered before the Commission can reach its decision on the annexation request.
Discussion ~ FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
(1) Copy of a letter from the Mountain View Homeowners' Association to the Planning Office, dated
. June 28, expressing concern about the lower groundwater levels they are experiencing.
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(2) Letter from Randolph Stenzel, dated August 8, voicing disapproval of the Commission's action
. on Mr. Davis' request to use a golf cart on the linear trail.
(3) Minutes from the City-County Board of Health meeting held on June 22, 2000.
(4) Headwaters Recycling newsletter, announcing that the next meeting is to be held on August 23
in Bozeman.
(5) Agenda for the School Board meeting to be held at 7:00 pm on Monday, August 14, at the
Willson School.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday,
August 15, at the Professional Building.
(7) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board
meeting to be held at 8:00 pm on Tuesday, August 15, in the Commission Room.
(8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, August 15, at
the Courthouse.
(9) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at
10:00 a.m. on Wednesday, August 16, in the Commission Room.
Mayor Youngman presented the following FYI items: (1) The Tributary will be publishing an article
on the living wage issue and she has been asked to write a background piece for that. She asked if the
. Commissioners wanted to review it first, or if they felt comfortable with her submitting the piece
without Commission review. All Commissioners agreed to have Mayor Youngman write and submit the
article without prior Commission review. (2) VISTA volunteer Ashley Green's mother died, so flowers
were sent in the name of the City Commission and Planning staff. There will be a sympathy card in the
Clerk's office for whomever wishes to sign it.
Due to the lateness of the hour, all other FYI items were postponed until the next meeting.
Adjournment - 7:06 om
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Frost, Commissioner Brown, Commissioner Smiley, and Mayor Youngman; those voting
No, none.
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MARCIA B. YOUNG A ,Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~fUL-JO<, 'no ~~
K REN L. DeLATHOWER
Deputy Clerk of the Commission
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