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HomeMy WebLinkAbout1997-11-10 Minutes, City Commission -.--.--....-..-----. -...- MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 10, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, Monday, November 10, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Presentation re new sound system Neighborhood Coordinator/Grantsperson James Goehrung stated that a new sound system has been installed in the Commission Room, including new microphones, a new . amplifier and new speakers. He indicated that final adjustments to the system will be made during today's meeting. Aaenda Meetina - for reaular meetina and Dublic hearings to be held on November 17 r 1997 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. (4) Senior Planner Dave Skelton gave a brief overview of the request and highlighted two of the recommended conditions for approval. He stressed that if the Commission approves this conditional use permit and the subsequent site plan complies with . the zoning ordinance and the conditional use permit, the proposal for development of the site will not be submitted to the Commission for review. Responding to questions, City Attorney Luwe stated that the appropriate permitting process must be followed for drilling of a well to serve this property. 11-10-97 - 2 - (5) Assistant Planning Director Debbie Arkell reviewed the proposed preliminary plat, under which three lots are to be created. She stated that, in light of the applicant's concern about being required to sign a waiver to protest the creation of a special improvement district for improvements to Ferguson Avenue in addition to improving Ferguson Avenue . adjacent to his property, the Planning Board removed that condition from its recommendation for approval. (14) Assistant Planner Jody Olsen gave a brief overview of the proposed project and the surrounding land uses. She then indicated that, despite concerns about the proposed restaurant's impacts on adjacent residential uses, a recommendation for approval is being forwarded. (15) Planning Director Andy Epple briefly highlighted this zone code amendment. He then noted that, in response to a request from a neighbor of the applicant, the Planning Board has continued its public hearing on this item until December 2 and suggested that this public hearing be opened and continued to December 15. . Work Session - (A) Presentation re out-ot-state seminar - Aaron Holst and Garv Clutter: (8) Presentation re out-at-state seminar - James Nickelson: (C) Discussion - noise ordinance: (D) Discussion - Dolicv re free use ot landtill (A) Presentation re out-ot-state seminar - Aaron Holst and Gary Clutter Fire Chief Aaron Holst distributed information from a recent training session he attended, entitled "Strengthening the Fire Service Leadership Partnership". He noted the first halt of this session was held in Sparks, Nevada, in March, and the second half was held in Mesa, Arizona, in October. He stated this program is designed to bring together the labor leaders and management leaders to discuss issues in a neutral environment and build a partnership through which to serve the local community. He then noted that, because of proactive measures, the Bozeman Fire Department does not have the struggle in the . labor/management relationship that many other departments do. The Fire Chief stated that the information he has distributed includes a program outline for the four-day session, a listing of thirteen issues to be addressed in developing an effective fire service leadership partnership, and a copy of a survey conducted by USA and published in the September 1997 issue, reflecting that 78 percent ot adults trust their fire 11-10-97 ____n_.____.. ._......._____. ------..-- -..-. - 3 - departments "a lot", which is a significantly higher percentage of trust than in any of the other agencies listed. Fire Captain Gary Clutter distributed information on the labor/management team procedure and an information sheet on the action plan developed at a fire retreat held at Battle . Ridge in September. He noted that Bozeman is one of only 50 paid departments that attended the sessions in Sparks and Mesa, and was the only department from Montana. He noted that this seminar helped to open the lines of communication between labor and management which, in turn, has helped to keep many small issues from becoming big problems. He stated that a six-person team from within the department has been created, and members of that team recognize and understand the limited resources within which they must operate and provide the best service possible to the customer. He stated that under this program, management can put pressure on him from the top, and firefighters can also put pressure on him to ensure that he maintains the appropriate attitude. He concluded by thanking the Commission for the opportunity to attend this type of training and working toward creating a better work environment. . (B) Presentation re out-ot-state seminar - James Nickelson Project Engineer James Nickelson gave a presentation on the two-day pretreatment training session he recently attended, sponsored by the Environmental Protection Agency and Water Quality Federation, in Alexandria, Virginia. He stated that the 100 participants represented federal, state and local government as well as the industry. He noted that the pretreatment program is a federally-mandated program with its roots in the Clean Water Act, and is designed to protect the receiving waters. The Project Engineer stated that the City's pretreatment program is jointly administered by the Engineering Department, which provides technical expertise and enforcement, and the Wastewater Treatment Plant, which provides the day-to-day operation . and monitoring. He indicated that there are currently three participants in the pretreatment program: Darigold, Lattice Materials and Montana State University. He stressed that the Wastewater Treatment Plant is set to accommodate household effluent, and industrial users can negatively impact its operation. Through the pretreatment program, the impacts of the heavy industrial user can be minimized, and those on the program can be monitored. 11-10-97 - 4 - The Project Engineer stated that staff is currently working on revisions to the ordinances pertaining to pretreatment and enforcement and adding local standards. He noted that once these ordinances are enacted, the City program should be more easily followed and enforced. . (C) Discussion - noise ordinance Distributed just prior to the meeting was a memo from City Attorney Luwe, dated November 10, forwarding information on the City's existing regulations on noise. Also, in his memo, the City Attorney provided information on the provisions of the model ordinance from the National Institute of Municipal Law Officials (NIMLO) and the San Diego municipal code. City Attorney Paul Luwe stated that when this issue was discussed a couple of weeks ago, he provided copies of existing provisions in the Bozeman Municipal Code pertaining to noise. He noted that, as a result of that discussion, staff was directed to locate equipment that could possibly be used to monitor noise and determine if a violation exists. He noted that staff was also directed to review the issue of temporary construction work, which is exempted from current regulations. . Planning Director Andy Epple stated his department has identified equipment at the Department of Environmental Quality in Helena that will monitor both decibel levels and octave band levels to allow for enforcement of the City's existing regulations. He noted that, if the equipment and staff training to use it are available, the Department would be willing to provide monitoring services to the City. He indicated that he also contacted the MSU Engineering Department, but has received no response on whether they would be able to assist in the monitoring of the noise ordinance. He stated that the equipment costs $3,000 to $5,000, and no monies have been budgeted for its acquisition. The Planning Director stated that a review of the City's code reveals that some amendments are needed. He noted that it currently references the American Standards . Association (ASA), which no longer exists, and its standards, which are outdated. He noted that the modern version of the organization is the American National Standards Institute (ANSI), and it provides standards for noise as well as a number of other standards. He indicated that he has requested a copy of the model noise ordinance from ANSI and should have it within the next couple of weeks. 11-10-97 - 5 - Responding to Mayor Stueck, the City Attorney stated that transportation facilities and traffic are typically exempted from a noise ordinance; rather, a noise ordinance typically applies to noise on private property. He then noted that under both the San Diego ordinance and the model ordinance, construction activities are prohibited during certain hours, although . the San Diego ordinance provides a complex permitting process under which excessive and offensive noises may be allowed. Responding to Mayor Stueck, the Planning Director stated there are situations where 24-hour pumping is needed to dewater an area, citing the Sacajawea Middle School and the Sundance Springs Subdivision as examples where dewatering is essential. He noted the issue may be whether quieter engines can be used for that dewatering process. He then raised a question about whether an engine is considered construction noise and, as such, subject to the hours of operation. He suggested that if it is, a provision for a special permit may be appropriate, and that permit could be issued by the Commission following review in a public meeting. Further responding to Mayor Stueck, the Planning Director noted that the current . noise ordinance precludes vehicles and transportation facilities as well as temporary construction work, and a similar exclusion of transportation facilities would alleviate any concern about snowplowing equipment operating early in the morning or late in the evening. He then noted that any change to the ordinance is enacted by the Commission. Mayor Stueck stated that, in light of the information submitted, it appears an update of the ordinance is needed. Commissioner Youngman forwarded her interest in adopting a more comprehensive ordinance that addresses construction noise. She then suggested that, rather than just holding a public hearing on the proposed ordinance after it has been through the entire process, it might be more appropriate to invite members of the public and the construction industry to discuss . the issue informally, which could result in valuable input and a more clear cut idea about how to proceed. Planning Director Epple indicated that staff could draft some concepts and alternatives upon which comment could be received. Responding to Mayor Stueck, the Planning Director stated that it appears the model 11-10-97 ---- ..- --. - 6 - ordinances do not seem to limit construction activities during regular business hours and, through a special permitting process, those hours could be extended if necessary. Commissioner Rudberg expressed concern about limiting the hours of construction, particularly when it is light until 10:00 p.m. in the summer and the construction season is so . short in Montana. Mrs. Martha Lonner, 3602 Good Medicine Way, stated that she was one of those who signed the petition previously submitted to the Commission. She noted that the neighborhoods were willing to accept the generator running during the day; however, having the generator running at night and weekends too became very irritating. She stated that having the windows open in the summer has been difficult because of the annoying sound. She characterized the continuous noise as being intolerable, noting that it probably would not have been accepted in the heart of the community. She then indicated that, because of the recent decrease in noise, it appears the dewatering system is now being operated by an electric generator instead of the diesel generator that was being used in the middle of the development. She recognized that using electric generators might be slightly more expensive for the . developer; however, she encouraged the Commissioners to consider the surrounding neighborhoods, too. Mrs. Betty Litle, 3416 Wagon Wheel Road, stated that her family's outdoor enjoyment was limited this summer because of the noise. She also expressed concern that when one of the neighbors came home from the hospital, he was unable to sleep because of the noise. City Attorney Luwe stated that staff will bring back options on how to deal with construction issues, and submit those options to the Commission for consideration. The Commission concurred. (D) Discussion - policy re free use of landfill Included in the Commissioners' packets were memos from Street/Sanitation . Superintendent Roger Sicz to Director of Public Service Forbes dated October 15 and October 17, forwarding information on the free use of the landfill. Mayor Stueck noted that, under the current policy, there is no limit to the amount of garbage that can be dumped for free by those who qualify. He then stated he feels the policy should be established under a resolution and should include a limitation, either in tonnage or dollars. 11-10-97 -.---. ------..-- - 7 - Responding to Commissioner Rudberg, City Manager Johnson stated that several City departments use the landfill for a variety of reasons. He noted that much of what the Cemetery and Parks departments dump is grass clippings, which go into the compost pile. Commissioner Rudberg stated that, while she is willing to allow City employees to . dump for free, she feels it is important to stress that this privilege is for the employee only, and not for neighbors and friends. Mayor Stueck noted that one of the issues previously raised is that Salvation Army becomes a dumping ground for those leaving town who do not wish to pay to have their garbage taken to the landfill. He expressed concern that requiring the Salvation Army to pay to take that garbage to the landfill would create an undesirable burden on them or could lead to people dumping their garbage in the ditches instead. Commissioner Rudberg expressed concern about the State Highway Department dumping in the City landfill for free. She stated that, since the garbage was probably collected in the county, it should be dumped at the Logan landfill instead of the City landfill or they should be charged. . Commissioner Frost noted that the figures submitted by the Street/Sanitation Superintendent do not include the amount dumped in conjunction with the Clean Up Bozeman activities. Commissioner Rudberg noted that the memos reveal the landfill does not maintain monthly reports for "freebies". She suggested that those reports could be generated in the future, so the Commission has more detailed information upon which to base a decision. Commissioner Rudberg recognized that it is important not to create a situation that encourages people to dump their garbage in alleys or along the curbs, but she is concerned about the fact that people choose to take their garbage to garage sales or the Salvation Army rather than disposing of it properly. . Commissioner-Elect Sandra Smiley stated that people are already dumping garbage in the alleys, as evidenced by the fluorescent orange couch recently dumped in the alley behind her house. She noted that, in response to a telephone call, the City crew picked up the couch. Lieutenant Gary Smith, Salvation Army, recognized the Commission's interest in identifying areas where the City can save money. He then stated that the Salvation Army uses as much of the donations it receives as it can and recycles whenever possible. He cautioned 11-10-97 ------ - 8 - that if they are required to pay for all garbage taken to the landfill, the amount of money they have for their various community programs will be correspondingly reduced. He stated that they have employees monitoring the donations brought in during business hours and they turn away what is not usable, but they do get some garbage dumped at their site after hours. . Ms. Linda Gipp, Sachs, stated that all clothing taken to their store is either sold or baled and recycled. She also stated that they recycle whatever they can. She noted that their operation is not as large as the Salvation Army's and, as a result, they are unable to constantly monitor the donations brought in. She indicated, however, that they do turn away donations when it appears they are not usable. She stated that if they are required to pay for dumping at the landfill, those costs will be paid from the proceeds that would be used for the Help Center. Mr. Bob Heebner, 404 Overbrook, asked if there is a policy under which City employees are allowed to dump for free at the landfill. He also asked if some of the City employees live outside city limits. City Manager Johnson responded that there is no formal policy, and that some . employees live outside city limits. He then indicated that approximately 40 to 50 percent of the City employees use the landfill on a regular basis. Mr. Heebner then stated that he recognizes free dumping at the landfill could qualify as a benefit for employees. He forwarded his support for the Mayor's suggestion that a limit be placed on the amount of garbage that can be dumped for free by volunteer organizations. He then suggested that the Commission consider establishing its landfill rates based on a certain amount being dumped for free, to ensure that adequate revenues are generated. He noted that, in conjunction with this method of setting fees, the City could provide free pick-ups for large, bulky items at regular intervals, at no cost to the resident. He stated that this type of program has been implemented in several communities across the country. . Mayor Stueck reiterated his position that the policy pertaining to free dumping, for both non-profit organizations and City employees, should be created in resolution form. He then stated he feels a limit should be included, and setting it at a level which would equate to the amount of garbage dumped last year could possibly be an option. Assistant City Manager Brey noted that the fourth criteria contained in the policy adopted in 1982 is that the organization continue year after year and not be temporary in 11-10-97 ____._n____ ..___ --..--....--..-- - ----...- - 9 - nature. He expressed concern that under this criteria, the garbage generated by youth groups helping the elderly and other similar programs would be jeopardized. He recognized that these are just ad hoc groups and are not recognized under this policy, but their efforts are community activities and should be considered along with service organizations and their activities. . Commissioner Frost stated that, from the information submitted, it appears an average of $23,000 is dumped for free in the landfill each year. He stressed that this must be considered when establishing the fees for use of the landfill. He then stated he feels that establishing limits on the amount of garbage that can be dumped at no cost is essential. Mr. Harry Kirschenbaum, Customized Services, stated that their company hauls garbage to the landfill for some volunteer activities, and pays the dumping fee to do so. He noted that is their contribution to the volunteer and community efforts. Responding to Commissioner Rudberg, the City Manager indicated there will be no additional information provided prior to the Commission making a decision. Responding to the City Manager, Mayor Stueck suggested that the Director of Public Service organize a meeting with Sachs and the Salvation Army to determine the best way to . address the level of free dumping to be allowed at the landfill prior to staff preparing a resolution for Commission consideration. Responding to the City Manager, Lieutenant Smith stated that, at the present time, the Salvation Army has a roll-off box that is picked up at least once a week, at a cost of $75 per pick-up. He stressed that they recycle whenever possible and use approximately 90 percent of the donated items. He also indicated that their operation is large enough that they bale their rags. Mayor Stueck stressed the importance of ensuring that everyone is treated the same under the policy being developed. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Memo from the Recreation Department, dated November 7, 1997, regarding the proposed disc golf course for Lindley Park. 11-10-97 -. -- -.----.- -----.----------- --------- ..- --- - 10 - The City Manager stated that the organized disc golf people have been working with Parks Foreman Ron Dingman and Recreation Superintendent Sue Harkin to develop a disc golf course in Lindley Park that will work for them as well as other users of the park. He stated this proposal has been submitted to, and approved by, the Recreation and Parks Advisory Board. . He then stated that he has administratively given the organization authority to dig post holes for the course and asked the Commission to give him feedback if that decision is not acceptable after review of the proposal. The City Manager stated that the Tree Top Flyers Disc Golf Club has designed the course shown on the rendering posted on the board. He stated the club is willing to raise the monies for the signs and wants to get the holes dug for those posts prior to the ground freezing. He characterized the proposed course as attractive, noting that it is also designed to address the issues and concerns about damage to the recreational vehicles parked adjacent to the park and injuries to customers in the RV lot. Mr. Cary Silberman, Tree Top Flyers Disc Golf Club, distributed small renderings of the proposed course to the Commission and showed the Commissioners one of the signs that . is to be posted along the course. He noted that the holes are to be dug and sleeves installed this fall, before the ground freezes if possible, and the poles and signs will be installed in the spring. Mr. Silberman noted that the popularity of disc golf in Bozeman is behind the national trends, but he anticipates that it will catch on more quickly, particularly if this course is approved and developed. He stated that the game can be played by a wide range of ages, and stressed the importance of ensuring that those individuals adhere to the code of ethics for the game. He then indicated that members of the club will be responsible for ensuring that those using the course are playing it correctly. Responding to Commissioner Rudberg, Recreation Superintendent Sue Harkin stated . that she will contact the owner of the recreational vehicle sales operation to review the proposed disc golf course. Responding to Commissioner Frost, Mr. Silberman stated that "caution" signs will be installed where the course crosses itself or other hazards exist. He then stated that the out of bounds areas will also be emphasized and will include all streets and sidewalks and the pond. He stressed that, with this single course in the park, members of the public should be assured 11-10-97 .. --. .-".-.--"'.- - 11 - of safety in certain areas of the park. He indicated that a posting board will be installed at the beginning of the course, and any closure of the course for community activities, such as Sweet Pea, will be noted on that board. Commissioner Rudberg characterized the development and monitoring of the course . as a huge responsibility for the club and congratulated Mr. Silberman on his willingness to undertake the task. He stated it is his intent to legitimize the sport in Bozeman through the development of this course. Commissioner Frost stated he feels the proposed course is a good idea. He cautioned, however, that if the course creates conflicts with recreational users of the park, approval of the course will be voided. Responding to questions from Commissioner Frost, Mr. Silberman indicated that the sleeves will remain in place year around, but the poles and signs will be removed for the winter. He then stated that a ribbon cutting ceremony for the course has been scheduled for April 1. Responding to the City Manager, none of the Commissioners voiced objection to the Tree Top Flyers Disc Golf Club proceeding with the drilling of holes for their signs. . (2) Copy of a letter from Greg Kuhl to the Transportation Coordinating Committee, forwarding a proposal for a bumper sticker contest. (3) Notification that there will be no meeting of the County Commission on Tuesday, November 11, 1997. (4) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on Wednesday, November 12, 1997 in the Commission Room. (5 ) Agenda for the Design Review Board meeting, to be held at 3.30 p.m. on Wednesday, November 12, 1997 in the Commission Room. (6) The City Manager submitted his weekly report, as follows. (1) Announced that staff has reviewed the proposals for new software for the mainframe computer and has scheduled day-long interviews for November 19, 20 and 21. He encouraged any interested . Commissioners to attend those interviews. (2) Announced that on Friday, he participated in the judging of a public speaking contest for FFA members, held at Montana State University. (7) Assistant City Manager Ron Brey stated that, as a result of reviewing the recent proposal for use of cash-in-lieu monies for a specific park, staff has identified some needed revision in the Parks, Open Space and Trails Plan. He indicated that once the Planning 11-10-97 - 12 - staff and Recreation and Parks Advisory Board have developed the proposed revisions, they will be forwarded to the Commission for consideration. (8) Commissioner Youngman stated that the Recreation and Parks Advisory Board and the Beautification Advisory Board met jointly last week and characterized it as a . good interchange of ideas and items to be done in the next year. She noted that one of the issues that emerged from the discussion was the need for assistance with volunteer coordination. She suggested that the center for coordinating volunteer services be used. (9) Commissioner Rudberg asked if the City Manager's evaluation is scheduled for November 17 or November 24; the Mayor responded that it is scheduled for November 24. (10) Commissioner Rudberg stated that, as a result of a telephone call she received on election day, she requested a meeting of staff on Wednesday morning to discuss the annexation process. At the Commissioner's request, the City Manager provided a brief report on that meeting, stressing that while there appear to be some problems with processes, no laws have been violated. He then stated that avenues for communication among City staff members and . with the County are being explored and the process reviewed, to determine how to improve the process. He stated that staff is also going back through the record to ensure that information on all annexations has been forwarded to the County. He also indicated that this review is being expanded to include other processes, including conditional use permits, zone map amendments and master plan amendments. He indicated that, with a staff attorney now working in the Planning Office, the preparation of ordinances and resolutions pertaining to planning and zoning processes can be done in that office, after training by the City Attorney. Commissioner Rudberg requested that the Commission allow Clerk of the Commission Sullivan to devote time to this project, and relieve her of her day-to-day duties, including minutes, since she knows as much about the process as anyone. She recognized that this process will probably take at least a week. She then noted that, since the Clerk is an employee . of the Commission, the Commission as a whole must make the decision to direct the Clerk to undertake this project. Commissioner Rudberg then questioned how much tax revenue has been lost by the County not having the necessary information. She also asked that through this process, the Clerk report to the City Manager, since he is overseeing the project. 11-10-97 - -.--- - 13 - Clerk of the Commission Sullivan requested that she be given two weeks to undertake this project; a majority of the Commission concurred. (11 ) Commissioner Stiff submitted the following. (1) Attended a dinner at the Senior Center on Friday evening. He noted that the expansion is beautiful and has provided . some much needed space for the center as well as a needed service for the community. (2) Visited with a former County Commissioner, who now lives out of state, about growth management, water and open space. He then stated that, as a result of that discussion, he more firmly believes that agricultural interests and landowners should be better represented on the broad spectrum task force. ( 12) Mayor Stueck congratulated Commissioner Youngman, Commissioner Frost and Commissioner-Elect Smiley on their success in the recent election. He then quoted Ennis Mayor Barr's comment that "if he won, he would be happy; if he lost, he would be elated." He stated that, while he has enjoyed his last four years of service, he feels that a burden has been lifted with his loss in the election. Mayor Stueck then stated that, in light of his election loss, his wife, Gloria, will no . longer be delivering the Commission packets. He noted that she has done so for two years, thus relieving the Police Department's duty to do so. He stated that he has asked the Clerk of the Commission to identify alternatives for delivery, noting that another option would be to have each of the Commissioners pick up his or her packet every week. Clerk of the Commission Sullivan stated that Same Day Delivery will deliver the packets each week for either $2.25 per packet or $10.00 per week. She noted that this service has been delivering the City-County Planning Board packets for the past year or so. Commissioner Rudberg stated she cannot support paying for delivery of the packets. She stated, rather, that she would prefer to pick up her packet each week. Following discussion, the Clerk of the Commission stated she will have the packets ready by 4:00 p.m. every Thursday, and the Commissioners stated a willingness to pick up . their packets on Thursday afternoons or Fridays each week, beginning with this week. Adjournment - 5:05 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be 11-10-97 .---.--- -- - 14 - adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . ( 2 !' /3ZZJ____.A DON E. STUECK, Mayor ATTEST: -,,"-- - -- - - . - --. ..~. f2L~~~~ -- ROBINL. SUlLPJAN,' Clerk of tf1~Comm1ssion . . 11-10-97