HomeMy WebLinkAbout1996-11-25 Minutes, City Commission
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MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 25, 1996
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. The Commission of the City of Bozeman met in work session and agenda meeting in
the Commission Room, Municipal Building, November 25, 1996, at 3:00 p.m. Present were
Mayor Stueck, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City
Manager Wysocki, City Attorney Luwe and Deputy Clerk of the Commission Erlandson.
Commissioner Rudberg was absent in compliance with Section 7-3-4322(2), M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Agenda Meetina - for reaular meeting to be held on December 2, 1996
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Wysocki briefly reviewed the background information which was
. included in the Commissioners' packets.
4) City Manager Wysocki noted that Animal Control Officer Connie Lien must
forward a recommendation on this application before the Commission takes action.
7a.) City Manager Wysocki distributed a memorandum to the Commissioners,
which outlined the history of the Haynes Building discussions he has had with the proposed
purchaser, Mr. Tengelsen. The City Manager emphasized that, if any changes are to be made,
e.g. auctioning the property as opposed to a sale, that decision should be made as soon as
possible.
In response to Mayor Stueck's request for a follow-up on the appraisal, the City
Manager said he will be speaking with Mr. Tengelsen tomorrow, noting that the proposed buyer
. had already agreed to remove one condition from the Buy-Sell Agreement.
Responding to Commissioner Stiff, the City Manager noted the number of parking
spaces necessary was arrived at by making calculations based on how the proposed buyer
plans to use the building. Commissioner Stiff forwarded his concern over this number, noting
a warehouse requires fewer parking spaces than offices, and that a new owner could change
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the use of the building. He noted there is a potential difference of ten parking spaces, equating
to $45,000, queried whether the City should playa part in reducing the value of a building, and
requested more information from staff.
Commissioner Stiff further noted a new owner can potentially close the street
. between the Lehrkind mansion and the Haynes building, making it difficult to provide parking.
The Commissioner stated his support of the Lattice manufacturing business but said his first
priority is to be a careful steward of the City's finances. He mentioned a letter from Claudia
Foster, concerning the proposed sale, that was placed on the Commission desk today, noting
he needs time to think and more details in writing before spending $100,000 of City money.
Undecided as to whether the Haynes Building should be sold directly or bid out, Mayor
Stueck asked for further information to be placed in the Commissioners' packets this week.
Work Session - (A) Discussion re Dossible amendments to setback reauirements; (8) UDdate re
cooDerative comDostina and recvcling programs - Street/Sanitation SUDerintendent Roger Sicz;
(C) Discussion re continuation of Enhancement Steering Committee or creation of new
committee to solicit. evaluate and recommend Droiects for fundina through the CTEP Droaram;
(D) Discussion re Commission meeting schedule for December
. (A) Discussion re possible amendments to setback requirements
Commissioner Frost noted his concern that some areas in Bozeman, such as Figgins
Subdivision, have been built according to Code and have ended up with no back yards. He
further said that, should these homes be built across the lots, there would not be enough space
between the homes to comply with the Fire Code. He said his main concern is livability, noting
the average person uses his back yard, not his front yard, for social events such as barbeques
or parties. The Commissioner said he would like to know whether it is possible to have some
flexibility in the Code to allow for a homeowner to vary the setbacks somewhat.
In response, Planning Director Andy Epple said his department is working on a
residential housing design to implement aspects of the Affordable Housing Policy. He said one
proposal gives a slight reduction to the setback requirements whereby, typically, an 8-foot side
. yard setback is reduced to 5 feet, while a 25-foot front yard setback is reduced to 15 feet.
The Planning Director noted the Planning Department has always felt one of the principal
reasons for the setbacks in newly developed areas is to make certain there is adequate space
for fi re access. He said that an alley provides an alternative access to a house, but it does
make a back yard smaller. He indicated that staff has found no final solution to the problem
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of affordable housing versus necessary setback requirements.
In response to Commissioner Frost, Planning Director Epple stated the Code requires
a 20-foot front yard setback. He further stated that his department encourages people to aim
for reducing their front yards in favor of their back yards. The Planning Director noted that a
. mobile home front yard setback has already been reduced to 15 feet, because of the length of
such a structure. He said that in a case like this, the side yard setback requirement is
strengthened.
Planning Director Epple noted the 20-foot front yard setback accommodates a vehicle
parked in the driveway in front of the garage, while not protruding out into the sidewalk. He
said that, from an aesthetic standpoint, there has been a benefit from having a uniform housing
facade. The Planning Director said he would be concerned about having a flexible provision
that would result in non-conformity.
In response to Commissioner Frost, the Planning Director said that, if there is to be
a flexibility in the size of a back yard, there should be a provision in the Code for a depth
requirement in the subdivision.
. Mayor Stueck said he is concerned about the side yard setbacks because of fire. He
noted he is also concerned about a property owner who is already encroaching on another
property's setback.
Fire Marshal Chuck Winn noted these are a valid concerns. He stated the issue is
whether someone can be allowed to do something to their building that makes their building
illegal or not in conformance with the Code. The Fire Marshal continued by saying, "You can't!
Buildings that are too close together create a possible fire hazard." He said there are two main
criteria the Fire Department follows when being asked to allow two buildings to be closer
together. The first is access; less access can be handled by more water, such as sprinklers.
The second is water supply. Fire Marshal Winn said each application is decided on a case-by-
case basis and that a little flexibility is possible with each site.
. In response to Mayor Stueck, City Attorney Luwe said the setbacks can be reduced,
but what is needed is the creation of a setback standard that will treat everyone equally;
minimal setback standards affect the next property owner. He further questioned what would
happen to the driveway in an existing neighborhood when a setback is changed, wondering
whether an RV, for instance, can now be parked in the side yard area.
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Planning Director Epple noted that a lot of thought needs to go into the subject of side
yard setbacks; but where a building will be less than 5 feet from the next, fire retardant
materials must be used.
In response to the City Manager, Mayor Stueck said fire retardant materials in a house
. wall will cost a little more but not too much more. He noted where a wall encroaches into the
setback, that wall will have to be fire resistant.
Commissioner Frost commented that the Building Code is less stringent than the Fire
Code since the Building Code would not require any extra protection. He noted requirements
of the Building Code have come into being because of fire problems.
Commissioner Youngman questioned the minimum safety standards, saying the
bottom line is whether the City wants to come closer to the Building Code, or redefine the
minimum. She feels a valid question is whether or not those safety standards enhance
community standards.
Planning Director Epple noted the requirements date back at least to 1972 and said
he will work with the Fire Department to look up some options on lot area and affordability.
. Responding to the Commission, the Planning Director said that, while working on lot
area and affordability, he will look for ways to give the owner more living space. He
commented that, if each lot were six feet narrower, there would be one extra block per
subdivision.
City Manager Wysocki thanked Fire Marshal Winn for being present to answer
questions.
(B) Update re cooperative composting
and recycling programs -
Street/Sanitation Superintendent Roger Sicz
Street/Sanitation Superintendent Roger Sicz spoke first on the subject of composting.
He noted one of the subcontractors has been gathering raw data from himself and other entities
on garbage and sludge, etc. and that the report should be completed by the end of this week.
. The Superintendent said that, basically, ten or eleven tasks have been outlined, of which seven
are being actively studied:
1. Waste Stream Analysis. The Superintendent noted this area of study is
almost complete and includes the types of wastes generated, where they come from, how
much is compostable, and the quality of the sewage sludge;
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2. Operational Analysis. Superintendent Sicz said the consultant will evaluate
whether:
a. a single compost site should serve all entities;
b. a major facility should serve the major populated area with
. satellite site(s) for the outlying areas;
c. there should be several smaller sites throughout the area.
3. Site Selection;
4. Waste Stream Management;
5. Public Involvement. Superintendent Sicz noted he feels this is a very
important part of the program, and that perhaps the Bozeman Daily
Chronicle can help with the public's perception of composting through news
articles;
6. Equipment and Facility Needs - three categories of composting:
a. Static Pile;
b. Turn Windrow, where the compost is turned;
. c. In-Vessel.
7. Rate Analysis Considerations. Superintendent Sicz noted that, in this task,
the consultant will look at the existing and future costs municipalities are
facing in handling their wastes (refuse and sludge).
Superintendent Sicz said that, on January 8, 1997 the committee members will meet
to hear a report from the consultant. At that time, he said, the committee will make its
recommendations on alternatives that should be looked at for the final feasibility study. He
concluded by saying he feels composting can be a good way to dispose of household garbage
and sludge, and it is an area that merits attention.
In response to the City Manager, Superintendent Sicz said that methane gas is used
for heating buildings, and there are possibly other variations of generating electricity.
. Responding to Mayor Stueck, the Superintendent noted he is working with the County
on this project. In response to Commissioner Youngman, he said recyclables need to be
removed before composting because it is far more cost effective. He noted his belief that the
public will become actively involved, both because people can make a little money, and because
they want to help the environment.
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Superintendent Sicz went on to discuss recycling, noting that the last meeting of the
Headwaters Cooperative Recycling Project, in Boulder, was cancelled. He reported the
experience of the Lewiston, Idaho, program which emphasizes working with the public to let
them know what recyclables will be acceptable. The Superintendent said cardboard is a
. controlling commodity - 51 % by volume, and is one of the very few which is worth anything.
He said installing a baler on the collection truck is recommended when picking up the
cardboard. Superintendent Sicz noted that in 1992, Lewiston collected 8 thousand cubic yards
of recyclables, while in 1995-96, the amount was 14 thousand cubic yards.
Superintendent Sicz informed the Commission that they are considering 12 sites for
collecting recyclables, with 4 to 5 bins at each site, not including magazines. He noted the
Lewiston program is a great success and they have gone to curbside collection. The
Superintendent said the Headwaters Cooperative Recycling program received a $50,000 grant
from the Forest Service, and the rest of the money comes from the public to operate the
recycling program. He noted he has spoken to several local businesses, like Van's IGA and
Albertsons, about putting containers in their parking lots, and informed the Commissioners that
. the containers are emptied by means of a small crane that both picks up the container and
releases the base so the contents can be dumped into the truck.
The Superintendent said, in considering ways to have the public pay for the cost of
the containers, many businesses might like to have their name on the side of a container for
advertising purposes.
Superintendent Sicz said the number of containers which the City of Bozeman will
obtain through the $50,000 Forest Service Grant is based on the City's population. The 135
containers, which soon will be purchased with the grant money, will be dispersed according
to the various entities within the nine (9) county Program area.
Superintendent Sicz noted the amount of monies shared by communities depends on
the market value of the commodities, thus affecting the cost of the program. He said the
. Headwaters Cooperative Recycling Program is committed to this program because they think
it will work. He further noted a recycling program will need a lot of public support, and that
they will develop materials to take to schools, and perhaps make a video for public service
announcements. The Superintendent said it will be a challenge to fit these community talks
into his schedule but he has confidence in the program and feels it is important to begin the
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education program as soon as possible. He said the City and each resident will have to pitch
in to help avoid using excessive landfill space.
Superintendent Sicz said the proposed drop-off site recycling program should work
very well in rural places like Montana and Colorado, allowing even smaller communities like
. Belgrade and Three Forks to become involved.
In response to the City Manager, Superintendent Sicz said the plan is to have a bin
(container) set out for aluminum, tin, office paper, newspaper, glass, cardboard, and perhaps
magazines and catalogs. He said that amber colored glass is the only glass that generates any
money, but that plans are being developed whereby all colored glass can be mixed together and
ground up for use in making cement.
In response to Mayor Stueck, Superintendent Sicz said there is a possibility of having
a baler mounted on the collection truck for the purpose of baling cardboard on site. It seems
no matter how many containers are set out for cardboard, there are never enough.
Responding to City Manager Wysocki, the Superintendent said there are currently
38,000 tons of garbage at the landfill, 2,000 tons of compost, and 300 tons of white goods.
. He noted that landfill customers are already asking for containers for cardboard, and hopes the
City will be able to include some sort of recycling, perhaps in the form of three six cubic yard
containers for the public to use at the landfill. The Superintendent said there is no shortage of
landfill space around the country but it would take many, many years to site a new landfill
landfill in or around the City of Bozeman. He concluded by noting the City had just spent 2
million dollars for constructing a new landfill cell and liner, and that it would be better to figure
out a way to extend the life of the current landfill from 15 years to 20 than to site a new
location to bury wastes.
The Commission thanked Street/Sanitation Superintendent Roger Sicz for his
presentation.
. (C) Discussion re continuation of Enhancement Steering Committee or
creation of new committee to solicit, evaluate and recommend projects
for funding through the CTEP program
Neighborhood Coordinator/Grantsperson James Goehrung referenced a memorandum
he had put in the Commissioners' packets, noting he intends to re-establish this committee,
sometime after the first of the year. He will be contacting past members to make sure any
groups wanting to be included in the membership are not left out.
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The Neighborhood Coordinator/Grantsperson said that, in the past, there was
discussion about the CTEP funds and their use for West Babcock. He said approximately
$100,000 will be coming into the community and further said he did not know whether or not
the Enhancement program will be
continued in the future. The Neighborhood
. Coordinator/Grantsperson stressed there is a high emphasis on community involvement in a
proJect.
Mayor Stueck noted both the City Commission and the County Commission will be
hearing shortly from the City-County Planning Board, urging action on West Babcock.
In response to the Mayor, Neighborhood Coordinator/Grantsperson Goehrung said, in
the past, identified projects have been carried over from year to year.
Respondingto Commissioner Youngman, the Neighborhood Coordinator/Grantsperson
said any previous proposal from the Bicycle Advisory Board that has not been included in an
application is pretty much dead, but a new proposal would be considered.
Mayor Stueck noted the next Park and Recreation Advisory Board meeting is on
December 5, and the Bicycle Advisory Board can bring any proposal to that meeting, and then
. to the TCC Board. Commissioner Frost said he would remind them to take care of it.
Commissioner Youngman said she was concerned that, if a new committee comes
forward with a proposal, it could be for a good chunk, or all, of the money. She said, if
something has been a high priority but has not come to fruition, for instance the bike and
pedestrian/traffic facilities, that group might still want to do the project. The Commissioner
said she would not want to structure a major, planned process if some project still needs to be
completed. Commissioner Youngman emphasized her feeling that earlier projects should be
honored first.
Mayor Stueck commented that, based on the way things have gone concerning West
Babcock, closure of that project is still a long way off. He queried whether, if the widening
project were to happen next summer, the City would have the ability to commit the dollars for
. the next two years. Neighborhood Coordinator/Grantsperson Goehrung said the final allocation
could be earmarked for a qualified project that could be constructed later. He said, if the City
intends to use the Enhancement Steering Committee, it is important to make that determination
in time to get these groups established.
The Neighborhood Coordinator/Grantsperson noted the State has taken some money
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and applied it towards Capitol restoration.
Mayor Stueck, noting the Commission wants to put the Committee back together,
said it must urge the members to get their proposals in to the Neighborhood Coordinator/
Grantsperson. The latter noted some of the Boards are in place.
. In response to Commissioner Stiff, the Neighborhood Coordinator/Grantsperson said
the West Babcock widening project is a carry-over program. In response to Mayor Stueck, he
said the County Commission has an opening for a grants person who would probably be their
representative. He assured the Commission that he would get them a current list of all
Committee members.
(D) Discussion re Commission meeting schedule for December
The Commissioners concurred there would be no meeting on Monday, December 30,
1996.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
. Information" items.
(1) Copy of a newspaper article, submitted by Commissioner Rudberg, from
Queenstown lakes District Council in New Zealand, regarding a public meeting on a dog policy.
The Commissioner noted the subject of too many dogs is a world-wide problem.
(2) Invitation to the Commissioners to attend a holiday open house at First Bank
Building on December 5.
(3) letter from Ralph A. Olsen, 1605 West Kagy Boulevard, dated November
16, noting his concern at the speed of traffic on Kagy Boulevard.
(4) Memorandum from James Goehrung, dated November 21, forwarding
information on a possible "lead community" grant award, and requesting that someone attend
the informational workshop on December 4.
. (5) letter, dated November 18, from Theresa Blazicevich, a Solid and Hazardous
Waste Specialist with the CECRA Program, State of Montana, forwarding a copy of the legal
advertisement published by the Department of Environmental Quality in the Bozeman Daily
Chronicle during the week of November 18.
City Manager Wysocki recommended the Commissioners take a good look at Ms.
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Blazicevich's letter.
(6) Agenda for the Headwaters Cooperative Recycling Project to be held on
December 4 at Boulder County Courthouse Annex; and minutes from their meeting of
November 6, 1996.
. (7) Agenda for the Gallatin County Commission meeting to be held on November
26 at 1 :30 p.m. in the Courthouse Community Room.
(8) Agenda for the Development Review Committee meeting to be held on
November 26, 1996 at 10:00 a.m. in the Commission Room.
(9) Agenda for the Design Review Board meeting to be held on November 26,
1996 at 3:30 p.m. in the Commission Room.
(10) A preliminary list of the work items necessary for Sourdough Creek Dam.
(11 ) City Manager Wysocki submitted his weekly report, as follows: (1) Noted
the Interagency meeting will be held at a different location, somewhere downtown, since
Bridger Bar-B-Q will not be open for breakfast. (2) Announced the bid for the City Hall Annex
was opened, and that there were seven bids. The City Manager said enough money was
. budgeted for the base bid but not the three alternatives. (3) Noted the bids for the Senior
Center expansion will be opened tomorrow, and the question of impact fees will be discussed
at that time. (4) Thanked Fire Marshal Chuck Winn for the way he dealt with the Northern
Energy explosion, noting everything was taken care of the way it should have been. (5)
Announced the Christmas decorations have been put up.
( 12) Commissioner Youngman announced she attended last week's Planning
Board meeting and urged the Commissioners to get a copy of the Critical Land Study,
commending Planner Jody Olsen on her presentation. The Commissioner noted the color-coded
map used in the discussion of Babcock Street was really helpful, saying it gave her a clear
sense of what was left to be done. Commissioner Youngman suggested a joint meeting be held
. with the County, indicating to them it is a high priority.
(13) Commissioner Stiff said he agreed with Commissioner Youngman. He said
he had talked to Assistant Planner Christopher Saunders this morning about affordable housing
and the Interfaith Housing, noting they have gone through the initial review process. The
Commissioner said he had talked with Dave Pruitt, a former County Commissioner, who has
a real concern over Babcock Street. He attended the Senior Center Thanksgiving celebration,
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noting they need more space and that there was a lot of interest in the bid opening tomorrow.
(14) City Attorney luwe said he had contacted the Employment Service last
week for a decision on unemployment compensation benefits concerning a past employee. He
further noted the City last week received a settlement check for $100,000 from Commercial
. Union, concerning the Bozeman Solvent Site, and that this money will go back into the Sewer
Fund.
In response to Mayor Stueck, City Attorney luwe said he will look into the gifting of
Mr. Daines' land one last time. He said the decision will have to be made on December 16th,
or at a special meeting on the 23rd, because of tax constrictions. He noted Mr. Daines has said
he will look elsewhere if the City does not accept the gift this time.
( 15) Mayor Stueck said he has been in touch with Craig Roloff at MSU over
future developments, and also with President Malone and Robert Spechter, and that he feels
this is important.
Executive session re litiaation
.. City Attorney luwe stated there is no need to conduct an Executive Session at this
time.
Adjournment - 4:50 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stiff, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
. ( :7~ ~~~
DON E. STUECK, Mayor
ATTEST:
t~!kaH R a;/1C/ifrJn
GilLIAN Z. ERLANDSON
Deputy Clerk of the Commission
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