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HomeMy WebLinkAbout1997-05-12 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 12, 1997 ***************************** . The Commission of the City of Bozeman met in work session, agenda meeting and special meeting in the Commission Room, Municipal Building, May 12, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meeting - for regular meetina and Dublic hearings to be held on Mav 19. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. Acting City Manager Brey briefly reviewed the background information which was . included in the Commissioners' packets. (5) Assistant Planner Chris Saunders gave a brief overview of this application, noting it includes modifications to Phase I as well as preliminary plat approval for Phase II of North Meadows Subdivision. He stated the modification to Phase I will allow for relocation of the dedicated parkland and realignment of lots, stressing that it will not change the number of lots within the phase or the amount of parkland dedicated. Responding to Commissioner Stiff, the Planner stated that approximately 44,291 square feet of parkland is being dedicated, and 53,000 square feet is required for the entire subdivision. The applicant has proposed to pay cash-in-lieu for improvements to the parkland rather than dedicating the entire square footage required. . (6) Planning Director Epple provided a brief overview of this request, stating that he, as zoning administrator, has been unable to make the needed determination. He stated that if the distribution center is determined to be the same as light manufacturing, completely indoors, it will be a permitted use in the Business Park district and if it is determined to be the same as a warehouse, it must go through the planned unit development review process. 05-12-97 - 2 - Responding to questions from Mayor Stueck, he indicated the building for the distribution center will probably be a slightly higher profile than the buildings currently located in the Burrup Annexation, but should be of generally the same character. He then indicated that he will provide additional information on the criteria for classification of uses in next week's packet to assist the Commissioners in their decision-making process. . (7) Commissioner Rudberg stated that on April 7, the Commission voted to not approve the request for funding as forwarded by Montana Shakespeare in the Parks. She then questioned why essentially the same request is being submitted again and asked that it be removed from the agenda. She indicated that she has no problem with the portion of the agenda item pertaining to the proclamation and feels that can be placed on the consent agenda at the appropriate time. Following discussion, it was determined that the request for funding will be removed from the agenda and that the proclamation will be placed on a future consent agenda. The Commissioners further concurred that all requests for funding should be held until after the budget has been prepared and reviewed. . (1 Oa I City Attorney Luwe asked that a pprava I of the Sweet Pea Pa rade include requiring compliance with any ordinance provisions. He noted that staff should be prepared to submit a proposed ordinance governing parades for Commission consideration in early June, and it may possibly be in effect prior to this parade. (10) Commissioner Frost noted this agenda includes acknowledging receipt of three applications for annexation of over 700 acres, which he views as anything but routine. (14) Assistant Planner Jody Olsen provided a brief overview of the requested variances for a large garage in an existing neighborhood. Responding to Commissioner Rudberg, the Assistant Planner stated the property has been posted, and no comments have been submitted by the neighbors. . Work Session. (A) Presentation re Northern Pacific/Story Mill Historic District: (B) Prooosal for amendment of guidelines for CDBG Economic Develooment RevolvinQ Loan Fund. Gallatin Develooment Corooration: (C) Prooosal from Gallatin Vallev Food Bank for construction of greenhouse at Westlake Park (A) Presentation re Northern Pacific/Story Mill Historic District Acting City Manager Brey stated that, due to scheduling conflicts, this item is to be 05-12.97 .....----..... - 3 - placed on a future agenda. (B) Proposal for amendment of guidelines for CDBG Economic Development Revolving loan Fund ~ Gallatin Development Corporation Ms. Dixie Swenson, Executive Director of the Gallatin Development Corporation (GDC), reviewed proposed revisions to the guidelines for the CDBG Economic Development . Revolving Loan Fund program, as forwarded in her memo of May 6. She noted that some of the revisions result from changes in guidelines at the national and state levels. Under those changes, the monies generated from projects funded from 1992 or earlier CDBG funds and subsequent repayment of those funds may be expended in a more flexible manner than in the past. She noted that previously 51 percent of the jobs must require no more than a high school education, and this requirement is contradictory to encouraging high tech businesses to the community. She indicated that if the City's guidelines are changed, it may be possible to take advantage of the additional flexibility and attract such businesses. Ms. Swenson reviewed all of the changes proposed in the draft guidelines, noting that the basic changes are identified with underlines and strike-outs while policy issues have been shaded. She indicated that these proposed revisions result from discussions with the Montana . Department of Commerce as well as review of guidelines from other communities around the state. She stated that, while she has proposed no change in the membership of the CDBG Economic Development Loan Review Committee, she has proposed language under which any organization administering the fund will waive its representation on the committee. She noted that, in practice, this has occurred as no GDC representative has served on the committee since her office assumed administration of the program. She stated that, at the present time, the guidelines allow for a maximum of 7 percent of the fund balance to be used for administrative costs; under national guidelines, administrative costs may not exceed 18 percent. Ms. Swenson stated that under Section III, there are some policy issues which must be addressed. She noted that under current guidelines, the cost per job must not exceed . $20,000, and some communities have set that limit as high as $35,000. Ms. Swenson noted that when the guidelines were initially established. it was anticipated the applications would be considered twice each year and they would compete for available funds. She stated that, in reality, applications are processed throughout the year and are weighed on their own merits. Several sections of the guidelines have been revised to 05-12-97 --..-.....-.-------- - 4 - reflect this shift in the process. Ms. Swenson indicated that the point system has been eliminated because, with objective criteria, the applications can still be adequately and appropriately reviewed. She also noted that changes have been made to provide a little flexibility in the amount of the loans approved, so that the committee could possibly recommend loans slightly in excess of $100,000 on projects they feel warrant it. . Commissioner Youngman stated that, while she recognizes the need to change the guidelines and add some flexibility, she feels it is important to not eliminate all references to low and moderate-income persons or jobs. She suggested that Section III should still include a statement that priority would also be given to low and moderate income jobs. Ms. Swenson noted that it may be necessary to find a term other than "low and moderate income" because of the legal constraints they might impose. She indicated that she is sensitive to the concerns raised, but feels caution must be exercised in writing these guidelines. Commissioner Youngman stated that she supports the concept of encouraging "quality jobs", but she feels the term should be defined. . Ms. Swenson stated she will try to do so. She noted that "quality jobs" is not just limited to wage, but could include issues such as health benefits and essentially "doing the right thing by the employees". She then indicated that this additional language could be added in a way that would not jeopardize the low and moderate income job opportunities while providing the desired flexibility. Responding to questions from Commissioner Frost Ms. Swenson stated that, at the present time, the 7 percent administrative fee does cover the costs associated with this program. She then indicated that she feels the guidelines, as proposed, give the Loan Review Committee the flexibility desired while providing adequate guidelines to ensure the desired results. She noted the business plan that is required in conjunction with an application should provide the information needed for evaluating the application and determining it if is sound. . Responding to Commissioner Frost, Acting City Manager Brey stated the Commission should make its decisions on the policy questions raised, possibly as the result of another work session on May 27. Subsequent to that, staff will prepare a resolution for Commission consideration and possible adoption. 05-12-97 _ _n_u___ _... ..____ ---...-.. ..-- ..--- - 5 - (C) Proposal from Gallatin Valley Food Bank for construction of greenhouse at Westlake Park Acting City Manager Brey stated that, included in the Commissioners' packets, was a memo from the Recreation and Parks Advisory Board, dated May 7, forwarding their endorsement of the proposal. . Ms. Renee Harris, Gallatin Valley Food Bank, stated that, subsequent to the presentation to the Recreation and Parks Advisory Board, the Food Bank received verification from Montana State University that it can use the greenhouses on campus for this gardening project, so they do not need to construct a greenhouse at Westlake Park. She stated, instead, the Food Bank is now requesting that the garden area at Westlake Park be expanded to two acres. She noted that plants can be started at the MSU Plant Growth Center in late January or early February, then transplanted to the garden plot at the appropriate time. Ms. Harris stated the Food Bank is attempting to create a regional food growing facility, of which the garden is one component. Responding to Mayor Stueck, Ms. Harris stated that Westlake Park contains 5.9 acres, of which 1.5 acres has been set aside for the BMX track. She said the Food Bank is . now working with Park Superintendent McNeil to update the estimated costs of installing the gardens, as well as restroom facilities, a picnic shelter, and possibly a storage shed. She stated the BMX Club has indicated an interest in participating in the restroom facilities. Responding to Commissioner Stiff, Ms. Harris stated that 50 percent of those using the Food Bank are classified as working poor with full-time jobs. She indicated that, depending on their ability to pay, some people receive free services while others are required to pay a percentage. She stated that under this proposed garden program, similar guidelines would be used to determine how much the clients may need to pay for the produce from the gardens. The Commission thanked Ms. Harris for her presentation. . Signing of Notice of Soecial Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Decision - request forwarded bv Nadia Beiser, Planned DeveloDment, Inc., re extension of City sewer service to Fort Ellis Leisure Community Ms. Nadia Beiser distributed to the Commission copies of fifteen proposed conditions 05-12-97 --.......-----. - 6 ~ for the Commission to consider in approving her request to extend City sewer service to the Fort Ellis Leisure Community. She reminded the Commission that under Planned Development, Inc.'s, proposal, one segment of the City's facilities plan is to be installed at the developer's expense, including all needed upgrades to the existing lift station and any other improvements needed in the existing system. She further reminded the Commission that Planned . Development, Inc., proposes to pay 100 percent of the wastewater impact fee, instead of the 35 percent currently being assessed by the City, and to pay the monthly user fees after connection to the system. Ms. Beiser noted that when she previously discussed this issue with the Commission, she was asked to come back with a response on paying the wastewater impact fee up front, to maximize the City's ability to earn interest on those monies, particularly the 65 percent earmarked for plant capacity expansion. She reminded the Commission of the proposal she had previously forwarded, which includes extension of the sewer main from its current terminus in the Burrup Annexation to the Fort Ellis Leisure Community, at the developer's expense. This extension will avoid the need for any type of on~site septic disposal system and will result in . more affordable housing units and possibly more open space. She noted that this extension will cost over $750,000, but the result will benefit both the City and the developer. Ms. Beiser reminded the Commission that the rezoning of this property and the planned unit development were previously approved. She noted that the parcel lies in the growth area and will contain the high-density development that is consistent with the master plan. She stated that under this proposal, the public infrastructure is to be installed at private expense, to an area designated for high-density development. She further noted that this proposed extension will actually improve the operation and efficiency of the under-used lift station in the Burrup sewer main by increasing the flows and alleviating some of the infiltration and inflow problems currently existing. Ms. Beiser noted that if on-site septic disposal systems are required, a large portion . of the land area will be required for that purpose, thus reducing the amount of open space and possibly the number of lots and dwelling units that can be constructed on the subject property. She reminded the Commission that, under the planned unit development which has been approved for this site, a total of 188 dwelling units may be constructed. She stressed that if the request to extend City sewer service to the site is approved, that number can be attained. 05-12-97 - 7 ~ If on-site systems are required, the number of dwelling units will probably be decreased, thus increasing the cost per unit. She further noted that the environmental concerns that have been previously expressed can be avoided by connecting to the City's sewer system, including the protection of the groundwater in the valley. Ms. Nadia Beiser noted that the wastewater impact fee is typically paid when the . building permit is drawn. She stated that, because of the capital costs of extending the sewer main, they cannot afford to also pay the wastewater impact fee immediately. She stated, however, that the developers would be willing to pay the 65-percent portion of the wastewater impact fee as the final plat for each phase of the subdivision is approved. She stated that, until the final plat has been developed, the number of lots and dwelling units per phase will not be known, so the amount of the impact fee cannot be determined. Also, this will allow for a minimum amount of time between the payment of the fee and receipt of the revenues generated by sale of the lots. She stated that the 35-percent portion of the impact fee will be assessed upon drawing of the building permit, per existing code, since construction of a dwelling unit is what creates impact on the sewer system. She stressed that the 65-percent . portion of the impact fees is to be placed in a fund earmarked for future expansion of the wastewater treatment plant capacity when it is needed, which has been projected for 2002 or 2003. She stated that the monthly use fees will also be paid and, if the City requires it, she noted the development will also pay a monthly surcharge to cover the costs of maintaining the extension. Ms. Beiser stated that Commissioner Stiff's request has made the developers "sharpen their pencils", and forward a proposal that is more beneficial to the City. She then asked that the Commission approve this proposal, subject to the fifteen conditions which she read into the record. She suggested that approval of this proposal, while it may set precedent, will set a high precedent because it will require any future developer seeking the extension of City sewer service outside city limits to bear the entire cost of the extension plus pay the entire . wastewater impact fee and any other requirements that may be placed on this project. She concluded by reminding the Commission the benefits of approving this request include affordable housing units, open space and protection of the environment. Responding to Commissioner Youngman, Ms. Beiser characterized the watertable on 05-12-97 ------ - 8 - the subject site as being typical for Bozeman, but she would not characterize it as being a high watertable. Responding to Commissioner Stiff, Ms. Beiser stated that, under no circumstances, will more than 188 dwelling units be constructed, since that is the limit imposed for the planned unit development. She indicated that if this request is not approved and on-site . systems are required, the number of units could be decreased because of the amount of land needed to accommodate those systems. Further responding to Commissioner Stiff, Ms. Beiser recognized that there may not be any new connections to the sewer main during the term of the payback agreement. She stated that no paybacks have been included in their financial calculations, since no revenues are expected from this source. She noted, however, that if there are any connections, it would be nice to receive some compensation. She then estimated that the final plat will be ready in four to five months. She stressed that development will be undertaken in phases, as quickly as the market will allow. Responding to Commissioner Frost, Ms. Beiser stated that duplexes and single-family . units will be constructed in this development. She noted that the combination and location of units will determine the total number of dwelling units in this project. Responding to Mayor Stueck, Ms. Beiser stated that, in addition to paying 100 percent of the City's wastewater impact fee, the developer also agrees to pay the County road and fire impact fees as assessed. Mr. Neil Ganser, 32404 East Frontage Road, stated he is currently paying principal and interest on the special improvement district that ten property owners approved in 1984 for extension of the sewer main through the Burrup Annexation. He stressed that this trunk line has been installed with private monies, through the SID process, and asked if a portion of the impact fees could be used to reimburse the landowners who paid for that extension. Mr. Ganser noted that the Burrup Annexation was annexed to the City in 1979 and, . at that time, the City could not provide services to the site. He said that, after five years, the property owners felt it was beneficial to have those services extended through the SID process. He concluded by asking again if reimbursement is possible. Responding to questions from Mr. Ganser, Director of Public Service Phill Forbes stated that upgrading of the lift station in the Burrup Annexation is included in the facilities plan 05-12-97 - 9 - because the line is projected to be extended. He indicated that there are no capacity problems at the present time. He then stated that a number of bottlenecks have been identified between the lift station and the Wastewater Treatment Plant, so upgrade of the lift station is not the only issue to be addressed. The Director of Public Service then noted that the applicant has just handed out a . fairly lengthy, substantive package of information which staff has not yet seen. He asked that staff be given an opportunity to review it, noting there are some technical issues that need clarification or careful review since they seem to be new in the presentation. He recognized that staff's review is to be a conceptual one, however, he indicated there are some issues that should be considered in the review that might not typically be considered as conceptual. Commissioner Youngman asked if the taxpayers will still be subsidizing this request if the applicant pays 100 percent of the impact fee and a monthly surcharge for maintenance, as offered in today's presentation. Director of Public Service Forbes responded that the study which generated the wastewater impact fees does not include any expansion of the Wastewater Treatment Plant, . since such an expansion is not anticipated in the 20-year facilities plan update that is just being completed. He stated that even if the properties outside the city limits are connected to the system and pay 100 percent of the impact fee, with 65 percent of those monies being earmarked for future expansion of the plant, then the entire community is impacted because of the discounted fee. Responding to Mayor Stueck, the Director of Public Service stated that when the Wastewater Treatment Plant was expanded in 1982, 85 percent of the costs were paid through a federal grant, with the City paying the remainder. He stated that federal program has now ended, so the City will be faced with all of the costs of the next expansion. Commissioner Stiff noted that the 65 percent of the impact fee for plant expansion will generate in excess of $300,000 which, if placed in an interest bearing account for a few . years, should result in a significant contribution toward the expansion. Responding to Mayor Stueck, Acting City Manager Brey stated that, without having a copy of the information forwarded by Ms. Beiser distributed to the Commission, it is difficult to determine how much time it will take for staff to review it. He indicated, however, that an update can be provided at next week's meeting. 05-12-97 ---- ~ 10 - Commissioner Frost stated that approval of this request might also result in deviating from the existing annexation policy, and asked that City Attorney Luwe be given an opportunity to review it to determine how that might impact the City's legal position when others outside city limits ask to be connected to this new line. Commissioner Rudberg stated she also feels that answers to the questions raised by . Mr. Ganser are needed. Ms. Nadia Beiser reiterated that under this proposal, the developers will pay 100 percent of the impact fees, not just the 35 percent currently being assessed, plus all the costs of installing the sewer main extension and upgrading the existing system to accommodate the additional flows. She stressed that the fifteen conditions she has suggested should address the issues which have been raised by staff and the Commission. She further noted that under Condition No. 15, a legally binding agreement is to be negotiated between the developer and City staff, with final approval granted by the Commission. She encouraged the Commissioners to approve her request at this time, with the assurance that under this condition, staff will have an opportunity to ensure that any concerns identified during detailed review of the proposal are . adequately addressed. She noted that the Commission is responsible for deciding policy, with staff implementing that policy, and she feels this requested action is appropriate. Acting City Manager Brey requested that staff be given an opportunity to review this proposal, for at least one week, before the Commission takes action, particularly since staff has not yet seen the proposal distributed at the beginning of this presentation. He recognized that, if the Commission wishes, it could give its approval on a conceptual basis, with the proposal to be forwarded to staff for its review and responses to the questions raised within the next few weeks. Commissioner Frost stated he wants staff to review the proposal before making a decision, particularly since approval of the proposal could result in a need to change current policy. . Commissioner Rudberg stated she feels the Commission should make a decision rather than referring it back to staff one more time. Mayor Stueck stated he feels the legal questions should be addressed before a decision is made. He recognized that, rather than wasting staff's time on reviewing something 05-12-97 - 11 - the Commission may turn down, it might be appropriate for the Commissioners to give some input on whether they feel they could support this proposal. Commissioner Stiff stated he feels the proposal, as submitted, can be conceptually approved at this time. He forwarded his interest in receiving staff input, but he feels that can be done in conjunction with the next step in the process. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission direct staff to review this proposal, based on the information distributed today, and bring back responses to the questions asked prior to a decision being made. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg and Commissioner Stiff. Following a brief discussion, Acting City Manager Brey stated that, if the Commission wishes to take action at this time, it would be appropriate to conceptually approve the request and direct staff to prepare the recommended conditions for approval. Mayor Stueck yielded the gavel to Commissioner Youngman for purposes of making . a motion. It was moved by Commissioner Stueck, seconded by Commissioner Rudberg, that the Commission reconsider its previous motion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Rudberg, Commissioner Stiff and Commissioner Youngman; those voting No being Commissioner Frost. Commissioner Youngman returned the gavel to Mayor Stueck. Responding to Mayor Stueck, City Attorney Luwe cautioned that, unless the Commission gives staff some latitude in negotiating with the developer, the provisions of Condition Nos. 1 through 14, as proposed, must be contained in the agreement developed under Condition No. 15. He then indicated that the typical payback agreement is ten years, rather than the twenty years proposed, and he feels staff should be given some latitude. . Commissioner Youngman stated her discomfort with approving this request is that it is contrary to existing City policy, and she feels that can be dangerous for the entire community. She recognized that the planned extension of City services can put the City in a proactive mode and can be used as a legitimate growth management tool, but she feels those policy decisions should be made as an item separate from addressing a specific request. She 05-12-97 - 12 - further noted that the issue of whether others adjacent to the main extension but outside city limits will be allowed to connect to the system should be addressed. Commissioner Youngman stated that, while she fully supports steps to avoid groundwater degradation, she feels that the City should not bear responsibility for the entire county. She stated that, in this instance, there is no high groundwater about which to be . concerned. While she recognizes it is preferable to serve development with City sewer service, she feels the impacts on other properties within the sewer service boundaries, and particularly those undeveloped areas currently inside city limits, should be carefully considered. She stressed that, while approval of this request may not be the wrong decision, it is in the wrong order to do so at this time. Commissioner Rudberg noted that approval of this request will not set precedent. She noted, rather, that the City extended water and sewer services to the Covered Wagon Mobile Home Park twenty-five years ago; and that area still has not been annexed. She stressed that this subject property will be developed, with or without City sewer service, and she feels it would be preferable to move the project forward with City service. . Mayor Stueck stated he agrees with Commissioner Youngman's comment that the annexation policy must be carefully considered when addressing this request. He stated, however, that he feels the Commission can make a decision on the concept at this time, with the criteria for considering future requests to be developed as soon as possible. He noted that in this instance, the sewer main extension is to be 0.8 mile, which is significantly less than would be required to serve the Rae Water and Sewer District, which is over 2 miles from the closest sewer main. Commissioner Stiff reiterated his desire to move forward with this process, stating he feels that connecting the subject property to City sewer service will help to promote more affordable units while ensuring that the potential for groundwater degradation is avoided. Commissioner Frost expressed concern that acting on this request now is reacting on . a case-by-case basis, rather than having a policy in place on which to rely. He recognized that this proposal appears to be beneficial to the City because of the significant monetary contribution being made by the developer; however, he questioned what the long-term costs will be. He noted that the eastward extension of the city has been slow and questioned whether the City is prepared to accommodate growth in that direction as well as to the west 05-12-97 - 13 - and the north. He also noted that the impacts on capacity of the plant must be considered. He expressed concern that in the past, subdivisions have been allowed to develop without the appropriate infrastructure being in place; and the Commission is now trying to address those problems, citing West Babcock Street as an example. He noted that the policy should address all infrastructure needs, not just sewer. He said a question about payback for the existing . sewer main in Burrup Annexation has been raised but not yet answered. He questioned who will be responsible for upgrading the existing lines between this development and the treatment plant. He also questioned how approval of this request will impact the existing annexation policy, which he considers probably the biggest single issue. He then stated he does not believe it is prudent to direct staff to bring back conditions for approval of this request; rather, staff should be asked to evaluate the request and come back with a recommendation for action. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission conceptually approve the request submitted by Planned Development, Inc., for extension of the City sewer service to the Fort Ellis Leisure Community, and direct staff to . review the fifteen conditions proposed by the applicant at this meeting and bring back a list of recommended conditions for approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Decision M imolementation of Phase I of automated garbage collection system as Drooosed bv staff Commissioner Frost stated that, based on the comments received during and subsequent to the public hearing, he is concerned that the only options available to reduce the cost of garbage collection are once a week or once a month pick up of the 35-gallon containers. He encouraged more flexibility in the program, suggesting that a twice monthly . option be added for those who don't have enough garbage to warrant weekly collection but who have too much for the monthly pick up cycle. Commissioner Frost stated that, since the small containers are now available, he supports conversion to the automated garbage collection. He noted that the volume-based system implemented several years ago can be retained with this system, as proposed by 05-12-97 - ------ --- ---..--- ..- ~ 14 - Street/Sanitation Superintendent Roger Sicz, expressing his appreciation for staff's work on this proposal. Street/Sanitation Superintendent Roger Sicz encouraged the Commission to not make the program too complicated, stating he feels the proposal forwarded by staff is a good one. He stated that, once the program is implemented, residents will quickly learn which size . container and frequency of pick up is the most desirable for them, Commissioner Rudberg stated she feels the City is losing money under the existing tag system because not everyone being served under this system has signed up for it. Responding to Commissioner Stiff, Street/Sanitation Superintendent Sicz stated that a universal arm on the automated truck will pick up the 35-gallon, 50-gallon and gO-gallon containers. He noted, however, that adding 300-gallon containers in the alleys at a later date could require a different pick up arm. Responding to Mayor Stueck, the Superintendent stated that 2,000 to 2,500 pick ups per week will result in an efficient system. He noted that if a large number of customers with alley pick up at this time decided to convert to curbside pick up with this new automated . system, rather than continuing the tag system in the alley, the City may have difficulty in serving all of them in the first phase; however, he does not anticipate such a mass conversion will occur. Responding to Commissioner Frost, Street/Sanitation Superintendent Sicz stated there is an ordinance requiring that garbage containers be set out at the curb only on collection days. He noted that failure to set the container back by the house on other days is an enforcement issue, which falls under the purview of Code Enforcement Officer Roy Beall. Responding to Mayor Stueck, the Superintendent asked that the Commission approve the automated collection program as proposed, stressing that adding more flexibility as suggested will only complicate it more, with little benefit to only a limited number of customers. He stated that adding another category for collection twice a month would be "a e real problem". He noted that a survey conducted a couple of years ago revealed that the average household has 2 to 2 % bags of garbage per week, and few people have only one bag per month. He stated that more people are becoming more involved with recycling now, and the new Headwaters Recycling Cooperative will make that process even easier. 05-12-97 --- - 15 - Commissioner Youngman stated that, while she would like to see more flexibility in the program, she will support the automated collection system. She feels that the twice monthly option would make the service more affordable for some residents who may not need weekly collection. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . Commission authorize staff to proceed with implementation of Phase I of the automated garbage collection system as proposed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Staff presentation of City of Bozeman Emergencv ResDonse Flood Plan Acting City Manager Brey noted that, included in the Commissioners' packets, was a copy of the City of Bozeman Emergency Response Flood Plan, Revised May 1997. He then forwarded a change on Page 6, so the sentence reads: "No one is allowed to enter moving or standing water, deeper than 12 inches, after dark, except in life safety situations." . Neighborhood Coordinator/Grantsperson James Goehrung characterized this policy as the City's attempt to get ahead of the flood waters in the best way possible. He noted that under this policy, the City's resources are to be targeted toward protection of life and limb, then protection of public facilities and then to protection of private property. He stated that this prioritized list will help direct efforts during emergency situations and gives the City a chance to be responsive in whatever way is possible. He further noted that this plan will assist the various entities involved in responding to calls for assistance, rather than facing the potential of individuals being referred to other departments. The Neighborhood Coordinator/Grantsperson recognized that educational efforts are still needed, to ensure that those in the community know what resources are available in an emergency situation. He noted that, with the warm weather and the amount of snow still in . the mountains, water levels in the waterways through the community are rising. Responding to Mayor Stueck, Acting City Manager Brey stated that if a primary contact person for one of the public facilities is not available, an alternative will be identified. He stressed that, during critical situations, those contacts will be self-adjusting, depending on who is available. 05-12-97 - 16 - The Acting City Manager stressed that this document is not all inclusive. He characterized it, instead, as providing a framework and tools with which City staff can work in an emergency situation. He noted that staff may receive requests for assistance that cannot be approved, and this plan will provide the basis on which those requests may be denied. He also noted that this plan is designed to ensure that those involved in the situation can be as . informative and as responsive as possible. Commissioner Rudberg stated the plan has been well prepared and thanked staff for their efforts. It was moved by Commissioner Frost seconded by Commissioner Youngman, that the Commission adopt the City of Bozeman Emergency Response Flood Plan, Revised May 1997, with the revision on Page 6 to change the sentence to read "No one is allowed to enter moving or standing water, deeper than 12 inches, after dark, except in life safety situations". 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. . Authorize Clerk of the Commission Sullivan to attend IIMC Conference in Buffalo, New York - May 16-23. 1997; appoint Deputy Clerk Gill Erlandson as Actina Clerk of the Commission Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated May 8, requesting authorization to attend the IIMC Conference, to be held in Buffalo, New York, next week. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize Clerk of the Commission Sullivan to attend the International Institute of Municipal Clerks annual conference in Buffalo, New York, on May 16 through 23, 1997, and appoint Deputy Clerk of the Commission Gill Erlandson as Acting Clerk of the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Authorize use of annual leave on May 22-30, 1997 - Actina City Manager Brey; appoint Administrative Services Director Gamradt as Acting Actina City Manager It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the 05-12-97 - 17 ~ Commission authorize Acting City Manager Brey's use of annual leave for the period May 22 through 30, 1997, and appoint Administrative Services Director Gamradt as Acting Acting City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter to the Montana Department of Revenue Liquor Division from Planning Director Epple regarding the beer and wine license application submitted for MacKenzie River Pizza. (2) Letter from Mardella and Bruce Brock, 221 South 5th Avenue, dated May 1, encouraging the Commission to require sidewalks in all neighborhoods, particularly in the South Rouse area. . Commissioner Frost stated concurrence with the comments in the letter. (3) Letter from Rich Pittlsey, dated May 2, commending the City and Derek Strahn for the walking tour of Historic Bozeman held on April 19. (4) Invitation to attend the annual membership meeting of the Gallatin County Council on Aging, to be held at 5:30 p.m. on May 15 in the Community Room of the Courthouse. (5) Minutes from the Parking Commission meeting held on April 10. (6) Copy of the Montana Wetland Conservation Strategy Draft, as forwarded by the Planning office at the request of Planning Board member Bill Mitchell. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 13, in the Commission Room. . (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 13, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 13, at the Courthouse. 05-12-97 .-----.-. -------. --... -... - 18 - (10) Acting City Manager Brey reminded the Commission of the VIP reception for the Special Olympics, which is scheduled for 5:30 p.m. on Wednesday at the Museum of the Rockies. (11 ) City Attorney Luwe stated that the MMIA conducted workshops for cities and counties in the region, and several of the City staff members attended. . (12) Mayor Stueck submitted the following. (1) Reminded the Commissioners that Gallatin Valley Tomorrow activities are scheduled to begin at 2:00 p.m. tomorrow afternoon. (2) Noted that Special Olympics will be held in Bozeman later this week. (3) Stated he will attend the City-County Health Board meeting tomorrow morning, followed by the Water Quality District meeting. (13) Commissioner Frost stated that he attended the lOB meeting last week, at which the consultant made a presentation. He stated the consultant has requested an opportunity to make a presentation to the Commission, and he will work with staff to schedule that presentation for a work session in early June. . Adjournment - 5:35 c.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 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. Ud>-1 ~ ~~~A DON E. STUECK, Mayor ATTEST: . VL: ;;/ ~-&- ROBIN L. SULLIVAN Clerk of the Commission 05-12-97