HomeMy WebLinkAbout2000-07-24 Minutes, City Commission, work
MINUTES OF THE WORK SESSION
OF THE CITY COMMISSION
. BOZEMAN, MONTANA
July 24, 2000
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The Commission of the City of Bozeman met in work session in the Commission Room,
Municipal Building, on Monday, July 24, 2000, at 3:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager
Johnson, Assistant City Manager Brey, City Attorney Luwe and Deputy Clerk of the Commission
DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Work Session - (A) Commission/staff work session reaardina future solid waste oDtions, includina
reSDonse to Dreviouslv received Dublic comments: (B) Discussion re self.aovernment Dowers
(A) Commission/staff work session regarding future solid waste options, including
response to previously received public comments
Included in the Commissioners' packets were a memo from Director of Public Service Arkell,
dated July 20, forwarding information on the City's landfill operation and additional public comment
received during the extended comment period.
. Mayor Youngman opened the discussion, asking for questions from the public that have not been
previously stated to be offered first, thus allowing staff time to answer those during their presentations.
She also reviewed the categories of the questions previously posed, which included costs, hydro geology
and its impacts, history of the project, past and future plans in regard to alternatives, how extensively
alternatives have been researched, monitoring west and southwest of the old, unlined cell, and statistics
on the current landfill cell.
Mark Holiday, 2826 Colter Avenue, asked how the dollar amount per ton was figured to take
waste to the Logan landfill from the transfer station.
Hallie Rugheimer, 1400 Story Mill Road, noted the Story Mill Road bridge is currently closed
again and asked what if the landfill were closed for an unspecified time, just like the bridge has been
closed, where would the garbage go then?
Bill Ranard, 3216 Augusta Drive, asked about the current market value of the land being
proposed for the new cell.
Dean Ulrich, 3220 Summer Cutoff and manager of BFI/Waste Management, stated that his
company can handle anything the City needs to have done regarding solid waste collection. They are
still interested in being the City's waste collector, they are still here in Bozeman, and they are going to
stay here.
.
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Director of Public Service Arkell highlighted her memo, which was contained in the
. Commissioners' packets. She noted that public comment has focused on the opening of a new cell at
the present site, which is only one option. However, the intent today is the same as it was during the
April 24th meeting, to discuss the City's solid waste program options for the future.
Engineer Finke distributed handouts pertaining to the landfill's history and background, summary
of issues and comments, and maps of the Bozeman Sanitary Landfill site. She then presented an
overview of the history of the landfill operations, noting the original 30-acre, unlined cell was opened
in 1969 and closed in mid-1997. The 200-acre site was relicensed in 1981 with the State of Montana
under the Solid Waste Management Act. She also reviewed the closure procedures of this cell.
Engineer Finke stated the active cell, which is a 15~acre cell, was opened in 1997 and is lined to prevent
leachate and groundwater from leaching out. There are leachate and storm water collection facilities on
site.
Engineer Finke continued, saying groundwater flow on the property is west to southwest. There
are currently 16 groundwater monitoring wells. Twice per year, in June and December, 11 monitoring
wells plus the Mcllhattan seep well and the veterinary well are tested in accordance with state and
federal regulations. In the fall of 1997, an approved active landfill gas extraction system was installed
to mitigate groundwater contaminants. Corrective assessment tests are conducted in March and
September of each year; therefore four groundwater monitoring events are held per year.
Street/Sanitation Superintendent Sicz gave an overview of the breakdowns of current and past
landfill tonnages. According to the Solid Waste Association of North America, the average waste
generation rate is one person equals one ton of waste per year. However, that is not happening at the
Bozeman landfill. It is estimated 60,000 tons of waste will be brought into the landfill this year, which
. means approximately 30,000 tons of waste is being brought in from outside city limits. Private hauler
usage has increased from 394 tons per month in 1990 to 3,158 tons per month in 2000, while other
haulers brought in 761 tons in 1990 and will bring in 2,057 tons in 2000.
Director of Public Service Arkell presented a summary of the issues and comments received to
date, noting that in 1988 regulations prompted the city and county to retain Damschen and Associates
to conduct an analysis of the best way to handle city and county solid waste. In 1992 Damschen and
Associates provided a solid waste alternative study and cost update. The option costing the least was
shown to be construction of new cells at the present landfill; and secondly, construction of a transfer
station to haul waste to the county landfill at Logan. In response to another comment, Ms. Arkell
added the City does have a solid waste management comprehensive plan and follows all those goals
and guidelines. It is not in a book, however, that can be shown to the public or to the Commissioners.
Addressing other comments made earlier, the Director of Public Service stated the landfill was begun
in 1968, and at that time there was no development in that area. In 1991, as a condition of approval
for the golf course, the City required the developer to acknowledge the fact that this project was to be
located next to a solid waste facility and would experience odors, blowing debris, and other possible
undesirable conditions. At the time of annexation, it was suggested the City purchase a 1 OO-foot strip
along the southern edge of the landfill as a buffer zone between the new development and the landfill.
However, that didn't happen so the landfill directly borders the development area. Prior to development,
the developer acknowledged the landfill's existence and its probable attendant problems. It was known
then there would be problems with the development of an area adjacent to the landfill. Responding to
additional comments, Director of Public Service Arkell noted the city does quite a lot to prevent and
. remediate blowing debris and waste. She stated staff members would also respond to more specific
questions and comments.
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City Engineer Brawner addressed closure of the landfill operations. He stated that, although
. some previous staff members had rendered opinions that the landfill should not and would not be
expanded beyond Churn Creek, tacit assurances of that were never given. He further stated staff does
not recommend further evaluating landfill land values at this time. Mr. Brawner added the landfill was
licensed in 1981 and is currently licensed. The City will be subject to rigorous reviews of any plans for
landfill expansion.
Engineer Finke noted there are nine gas monitoring wells located on City property, and the
perimeter ones are the ones that are sampled four times each year. She noted a discharge event has
not occurred since 1998, when the leachate pond overflowed into the stormwater pond. Ms. Finke
informed those in attendance that all monitoring and sampling results are public information, and the
public is free to review and copy the results. She also proposed a mailing list be established to notify
those who are interested when the City Engineering office has received sampling results from the
consultant.
Mr. Dunlavy, Maxim Technologies, addressed the issue of site suitability, stating a locational
restriction does exist; that being the spring located on site. The landfill area is hydro geologically
complex, but there is nowhere in Montana where this condition doesn't exist. Mr. Dunlavy continued.
saying liner reliability is not much of an issue because liners are required; not optional. The purpose of
the liner is to capture leachate so it can be treated until the cell is closed and capped. He said
maintenance of the cap is more important than the reliability of the liner. Mr. Dunlavy then turned his
attention to environmental issues, stating a corrective measures assessment. conducted because of
statistically significant impacts to groundwater and gas migration, recommended an active gas
extraction system, which was implemented in 1997. This system is currently producing good results.
There is no data that shows this gas extraction system is not working; the data is very encouraging.
. Additionally, there have been no problems with inorganic materials off site.
Mr. Damschen, Oamschen and Associates, clarified the capacity of the landfill and the cost
figures contained in their earlier report. He distributed a handout showing the effects of restricting trash
to Bozeman's only versus continuing to take in others' trash. Mr. Damschen pointed out there are three
key points: 1) time is of the essence, the existing cell has 2.5 to 5 years of life left; 2) expansion of the
existing area, the City would be looking at $12 to $15 per ton difference in cost between expanding
the current site and transferring to Logan; 3) it would be most economical to work together with the
county for the long-term, either for transferring or expanding.
Street/Sanitation Superintendent Sicz then addressed the landfill incident of this past spring
during which crews severed the line which carries water to Dr. Mcllhattan's stock. This incident
occurred because the line was mislocated; however, within 24 hours of the incident, the City had once
again provided Dr. Mcllhattan with his stock water supply. Mr. SiCl continued on to the topic of litter
control, stating the City has installed litter control fences, which can be moved dependent upon the wind
direction, as well as a chain-link fence, and employs a waste inspector, who monitors litter on the
surrounding properties and then cleans it up when necessary. He characterized the City's litter control
program as an aggressive one. Street/Sanitation Superintendent Sicz then stated the city belongs to the
Headwaters Recycling Project and picks up recyclables from the containers around town two or three
times per week.
County Commissioner Olson gave a presentation on the county's landfill operation. He stated
. the County Commissioners are intending to create a municipal solid waste district in Logan. This district
will encompass the entire county, with the incorporated cities and towns having the option to join or
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not. West Yellowstone would also be exempt since they have created their own district. Mr. Olson said
. the reasoning for creating this district is to be able to direct the county's destiny. A solid waste district
board would run the day-to-day operation of the landfill. The solid waste district board would also
develop a fully integrated solid waste management plan.
Sherrel Rhys, manager of the Jefferson County Solid Waste Management District, distributed
handouts and presented an overview of the creation of a solid waste management district and its
operation.
Break - 5:24 om
Mayor Youngman declared a break from 5:24 pm until 5:29 pm in accordance with Commission
policy.
Director of Public Service Arkell presented a final summary, saying the time is right to explore
landfill options for the entire county, not just the City of Bozeman. She stated staff is available to
discuss the issues and answer Questions and copies of all reports can be given to the Commissioners
if they so desire. It will be less expensive for the City and its citizens to utilize the current landfill;
however, there may be limitations to expanded use of that facility. Issues to be considered include both
environmental and economic impact ones. Staff recommends that only waste from Bozeman residents
and businesses be accepted into the landfill. Director of Public Service Arkell then presented the
following options to the Commission for their consideration:
1. Direct staff to review the effects of and 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.
2. Establish Commission policy direction for the Staff to follow regarding environmental and
economic impact (and any others) while pursuing any direction given.
3. 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.
4. Investigate constructing (a) new cell(s) north of Churn Creek.
5. 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.
6. Locate and design a city-operated transfer station on land other than at the existing
landfill.
7. If either 5 or 6 are chosen: 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.
8. Investigate potential partnering for the construction and/or operation of a transfer station
with private entities.
. 9. Site and construct a new city landfill.
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10. Investigate the feasibility of constructing a large-scale, municipal composting facility.
. 11. Participate in deliberations to form a county~wide solid waste district.
Mayor Youngman set a deadline of August 2nd, 5:00 pm for questions and comments from the
public, and a deadline of July 27th, 5:00 pm for Commissioner ones. A special meeting will be held on
August 14 in order to receive direction from the Commission on this issue.
(B) Discussion re self-government powers
Included in the Commissioners' packets was a memo from Assistant City Manager Brey, dated July
19, forwarding information on the steps needed to place the issue of self-government powers on the
November ballot and information generated when this issue was previously considered.
Assistant City Manager Brey stated that at the public hearing held at the Holiday Inn on February 22,
the Commission gave informal direction to investigate self-governing powers, noting the City has general
powers now. Under self-government powers, the local government has all powers that are not precluded
or pre-empted by state law, giving cities more flexibility and authority. Mr. Brey highlighted several
issues that have shown how the City's hands are tied because of its limited power, citing gas and
electrical utilities being operated by local governments and the inability of the City to enact a no-smoking
ordinance. Currently the City would have to seek legislative permission to alter Bozeman's authority on
both of these issues.
Assistant City Manager Brey continued, saying in order for Bozeman to acquire self-government
powers it would have to change to the new Commission/City Manager form of government. By moving
. to the new form, 140 sections of state statute would be replaced by 18 sections. Mr. Brey also noted
Bozeman is the only city in the state still operating under the old Commission/City Manager form.
Moving to this form of government would be the lead item on the November ballot, with the second item
being the move to self-governing powers. Assistant City Manager Brey recognized attempts were made
to change to self~government powers in 1976, 1983, 1986, and 1996 and all were unsuccessful,
primarily due to the public's concerns about tax levys. However, Senate Bill 184 takes care of this fear
because Section 1 deals specifically with the procedures for calculating levys and setting the maximum
number of mills that may be imposed.
If the Commissioners decide they want this matter to be put on the November ballot, Assistant City
Manager Brey said, this issue would have to come before the Commission on August 7th for provisional
adoption and August 21 st for final adoption.
Commissioner Frost asked if this measure passes, how much time will it take staff to reorganize the
city government? Assistant City Manager Brey replied the ordinances that are currently in place that
tell the City how to run itself will still be in place, so there should be no great complications. However,
a lot of language would have to be removed from the Bozeman Municipal Code.
Commissioner Smiley stated she is encouraged by this and feels the City needs to do this.
Commissioner Kirchhoff asked how self-governing powers would be a great help, stating he doesn't
believe the city is shackled now. City Attorney Luwe replied this would give the city more autonomy,
. the ability to share powers with the state government, except where pre-empted and precluded by state
law. Commissioner Kirchhoff noted the public's problem has been the perceived ability of the city to
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increase taxes without citizen participation. Mr. Brey reminded him there is a statute that limits the
. City's ability to increase the mill levy. Mr. Kirchhoff then stated he can see a positive note to this
change, that being the change to self-governing powers would assist the city in mechanical ways; with
the negative side being the public's perception that this is not a compelling enough issue. Assistant City
Manager Brey once again mentioned that of the six largest cities in the state, Bozeman is the only one
operating under the old form of government.
Commissioner Frost suggested perhaps the City can make this a compelling issue; it should be
compelling enough to become independent from an oppressive state government, one that has no idea
of what is happening in this community.
Mayor Youngman stated that in Section 7-3-313, selection of commission members, the city is on
the verge of being able to elect members by districts. The neighborhood councils could mobilize quickly
on this if the Commission needs them to. There is a solid commitment to do this already; it is one of
their goals for this year. She also noted people have expressed a lot of interest in this issue recently.
Commissioner Brown added his support for the idea of self-government.
Commissioner Kirchhoff mentioned this issue has been brought before the voters previously and
failed. The only difference between now and then is the cap on the mill levy. He stated it must be the
obsession of someone on the Commission to speak to people and promote this issue, which will require
spending time, labor, and money to educate the voters if this is to pass this time.
Commissioner Smiley noted she has been talking to people about this for several years because she
thought it was that important of an issue.
. Mayor Youngman noted it was defeated last time because there were so many limiting factors that
voters stated they didn't approve of even before the election. There was no public opposition to the
basic concept, however. There is a different community climate now, though. Mayor Youngman
suggested that before July 31 st the Commission should do some quick checking with the other groups
in town that might have a positive stake in this to find out where they stand on the issue, and if they
are willing to committing to advocate for this.
Commissioner Frost added the free press will support the City's efforts to give its citizens a better
government for the good of the city. He also noted there will be lots of groups who should and will
want to be involved because this will change the way the city does business completely.
Commissioner Kirchhoff stated someone needs to talk to traditional people on both sides of this issue
to see what has changed between now and the last time this came forward.
Mayor Youngman said the current state legislature is not responsive to the needs of the urban areas
of this state; it is still a rurally-controlled legislature. This change would save the City administrative
costs while improving local control.
Discussion . FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
. (1) Press release from Senator Conrad Burns regarding $165,000 in funding for acquisition of a
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firearm training system and a driving simulator for the Bozeman Police Department.
. (2) Letter from the Gallatin County Treatment Court, dated July 18, forwarding the third quarter
progress report.
(3) Copy of summer 2000 issue of the Local Government Energy News.
(4) Memo from the National League of Cities, dated July 12, announcing that policy proposals and
resolutions must be received by August 11.
(5) Copy of an update of the 2000 special legislative session and possible legislative issues for the
upcoming legislative session, as distributed during the District 10 Montana League of Cities and Towns
meeting held on Thursday.
(6) Listing of planning projects to be considered during upcoming Commission meetings.
(7) Minutes for the Beautification Advisory Board meeting held on June 15, 2000.
(8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, July 25, at the
Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday,
July 25, at the Professional Building.
(10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 25,
. at the Professional Building.
Adjournment - 6:29 em
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.
MARCI~~t!::;;
ATTEST:
~J~
R BIN L. SULLIVAN
Clerk of the Commission PREPARED BY:
~~ I*' .'~~Q~ t\./1~__0
. KAREN L. DeLA THQWER
Deputy Clerk of the Commission
07-24-2000
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