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HomeMy WebLinkAbout1996-11-12 Minutes, City Commission _._'--~- - . MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 12, 1996 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, November 12/ 1996/ at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, 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 meeting and Dublic hearinas to be held on November 18. 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) Assistant Planner Christopher Williams stated that the Mayor has not concluded his negotiations with some of the some owners; however, he has indicated those negotiations should be completed within the next thirty days. He suggested, on that basis, that the Commission may wish to defer action on this zone code amendment until the December 16 meeting. The Commissioners concurred, and the Mayor requested that the action requested by the Commission be adjusted to reflect the delay. (5) Responding to Commissioner Rudberg, the City Attorney stated that all necessary adjustments were made to this ordinance prior to its final adoption at the November 4 meeting. He noted that if the Commission wishes to consider the language omitted between the draft . ordinance and the ordinance which was provisionally adopted, it must direct staff to forward that proposed amendment through the appropriate process. (8g) The Mayor requested that the Commissioners forward their input to him as soon as possible, so the necessary information can be included in Thursday's packets. 11-12-96 - 2 - (11 ) Assistant Planner Chris Saunders provided background information on this requested amendment, noting that the Planning Board will consider this application at its special meeting to be held this evening. ( 12) Assistant Planner Jody Olsen provided background information on this requested . amendment, noting that the Planning Board will consider the application at tonight's special meeting. She noted that it involves ten lots along the east side of North 19th Avenue, just north of Durston Road. She reminded the Commission that the North 19th Avenue entryway corridor has just been revised from a Class II entryway to a Class I entryway under the recently~ adopted sub-plan. Responding to Commissioner Rudberg, the Assistant Planner stated that the potential for variances for development of these lots has been noted in the staff report, in light of the Class I entryway designation. She assured the Commissioner that this issue will be discussed at the Planning Board meeting tonight. ( 13) Assistant Planning Director Debbie Arkell provided background information on the requested zone map amendments, noting that the Planning Board will also consider this . application tonight. She stated that the proposed amendments are in compliance with the 1990 Bozeman Area Master Plan Update, except for the conversion from Class II corridor to Class I corridor which recently occurred. She stated that the proposed zonings are in compliance with the industrial and commercial land use designations. She noted, however, that the applicant has proposed "R-4" zoning in the southwest corner of the site, and the residents along Thomas Lane, immediately west of the subject property, are adamantly opposed to any residential designation, including single-family residential. Instead, they would prefer to see some type of business park or office type development. She indicated that this information has been forwarded to the applicant; however, at this time she does not know what his response might be. The Assistant Planning Director reminded the Commission that when the Cape/France . rezoning was approved, it was contingent upon the necessary infrastructure being in place, including municipal water service or an SID to install that service, or a central water system approved by the State. She indicated that, while the North 19th Avenue roadway has been completed and sewer is available from either the north or the south, City water is not yet 11-12-96 ....._________ . ....___ .__u_n - 3 - available to this area. She then forwarded staff's recommendation that approval of any zone map amendments be contingent upon annexation and the extension of City services. Work Session - (A) Discussion re gas extraction flare at landfill: (8) Presentation from Humane Society re lease/donation of DroDertv at 2125 North Rouse Avenue: (C) Presentation from . Chamber of Commerce re eXDenditure of bed tax monies (C) Presentation from Chamber of Commerce re expenditure of bed tax monies Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated that the City of Bozeman has designated the Chamber of Commerce to implement a marketing plan to be funded through the 4-percent state~wide bed tax. He noted that those communities with more than a certain number of rooms are entitled to receive monies back from the rooms in their community, and Bozeman is one of those communities. Ms. Racene Friede, Convention and Visitor's Bureau, distributed copies of the State's Marketing Plan for Travel Montana, the 1996-97 Marketing Plan for Yellowstone Country, and the 1996-97 Marketing Plan for the Bozeman Area. She reviewed how the 4-percent in monies collected by the State are distributed, noting that this source of revenue generates slightly over . $9 million annually. She noted that 87 percent of those monies are distributed to the Department of Commerce, and 27.5 percent of that is distributed back to Convention and Visitor's Bureaus throughout the State. Bozeman's portion of those revenues is $67,000 annually, which is the amount generated by this community. She stated that the monies generated from motel rooms outside city limits fund the Yellowstone Country, which is a five- county region. Ms. Friede reviewed the proposed budget for Fiscal Year 1996-1997 for Yellowstone Country, noting that a significant portion of those monies is expended on publications and advertising, and tourism development in small communities represents its most successful program. She stated that advertising is targeted toward the off seasons, including spring, summer and fall. She indicated that, in light of the strong revenues from the bed tax, revenues . for this program are estimated at slightly under $500,000 for this fiscal year. Ms. Friede then reviewed the budget for Fiscal Year 1996-1997 for the Bozeman Convention and Visitor's Bureau, noting that the cooperative marketing program is one of the most successful. She stated that the visitor guide is an extremely popular publication, and is kept in all motels in the community. She reviewed the new programs being undertaken this 11-12-96 -------- -..-- - 4 - year, including the advertising for the Bridger Mountain Birds of Prey this fall and promotion of snowmobiling around Bozeman. She indicated that promotion of this area for filming has also been quite successful. She concluded by indicating that a cross-section of business people in this diverse community provide advice on how these monies are to be spent. . Mr. David Smith stated that the monies received from the 4-percent bed tax are retained in a separate bank account, and the books are audited annually. He indicated that this is not the only source of revenues for the Convention and Visitor's Bureau, but that the other monies are maintained separately. Responding to Commissioner Frost, Mr. Smith stated that the monies generated in Bozeman are spent to attract tourism to Bozeman. He noted that, while some of those monies may be used to attract people to Bridger Bowl, it is important to recognize the benefits to the community. Commissioner Frost noted that the map of historic Bozeman, which was printed approximately fifteen years ago, needs to be reprinted and asked if any of these monies could be allocated for that purpose, since the Historic Preservation Advisory Commission is currently . trying to raise monies for that purpose. Ms. Friede stated that the monies earmarked for cooperative marketing could be used for that purpose. Mr. David Smith suggested that the map could possibly be incorporated into the visitor guide as well. The Commission thanked Mr. Smith and Ms. Friede for their presentation. (A) Discussion re gas extraction flare at landfill City Engineer Craig Brawner provided a brief overview of the landfill and the gas extraction flare. He noted that the existing 40-acre landfill has been used since the mid 1970s and will be filled sometime next calendar year, so a new lined 15-acre cell has been prepared. He stated that the control of gases, methane gas in particular, becomes an important issue as . landfills are filled and closed, noting that the anaerobic environment of a landfill produces gases. He reminded the Commission that groundwater monitoring has been undertaken for several years and, about this time last year, a corrective measures assessment was considered, with the Commission approving the active gas extraction method for remediating the problems 11-12-96 - - ...;:- - 5 - identified. He noted that the system includes a flare to burn off the combustible methane gas which is pumped from the landfill. The City Engineer stated that the gas extraction system has been designed and the plans and specifications have been approved by the State and are almost ready for bidding. He noted . that the City has also applied for an air quality permit, which is required for flares. He indicated that the proposed flare is a candlestick type, which is a six-inch pipe approximately 18 feet tall that will extract the gases from the ground, plus a flame anticipated to be seven to ten feet high. He noted that once the Department of Environmental Quality has reviewed the application and is prepared to issue a permit, it publishes a public notice announcing that intent, and provides a fifteen-day period for appeal of the conditions under which the permit is to be issued, by either the permittee or the public in general. In this instance, one appeal was filed by a member of the public and, on Thursday, the Board of Environmental Review met to determine whether the Board as a whole would hear the appeal or appoint a hearings officer. At that time, a hearings officer was appointed, and staff is now attempting to determine how the appeals process will unfold. . Responding to Mayor Stueck, the City Engineer stated that the methane gas at the landfill must be combusted to meet air quality permitting standards because the amount of gas to be emitted from the landfill will exceed the 25 ton annual limit. He noted that some communities have implemented passive gas extraction systems, however, those systems are at smaller landfills. He stated that the appeal filed with the State does not indicate any problem with the type of remediation proposed; it pertains to aesthetics and visual impacts. Commissioner Youngman expressed an interest in beneficial use of the methane gas if at all possible, noting that technology has produced new alternatives in recent months. She asked if those have been considered, since the alternative for remediation was selected nearly a year ago. City Engineer Brawner stated that, while technology may have opened new avenues, the . cost effectiveness of those alternatives must be considered. He cautioned that, in this instance, the amount of methane gas to be discharged from the landfill is projected to be greater than allowed through passive extraction, but not large enough to be economically useful. Also, he cautioned that the quality of the gas is not high enough to market, and it is not as clean as the natural gas piped into homes. 11-12-96 - 6 - Responding to additional questions from the Commission, the City Engineer noted that the flare could be converted at a later date, if it is determined a cost effective alternative has been identified. He stressed that the Department of Environmental Quality is interested in seeing this project completed in a timely manner. He indicated that, while the timelines to be . followed during the implementation of the corrective measures seem a little unclear, the City is responsible for demonstrating, within three years of State approval, that the groundwater remediation is working. Responding to questions from Commissioner Rudberg, the City Engineer stated it appears the earliest that the hearing on the appeal might be set is some time in January. He noted that the hearings officer is from the Attorney General's Office, although that individual does provide services to the Environmental Quality Board. City Attorney Luwe stated that the City is not a party to the appeal process, although it will be affected by the results of the appeal. Responding to Commissioner Stiff, the City Engineer stated that the cooperative composting program will not affect the old portion of the landfill. He recognized that the . composting program could, however, affect the expansion area by changing its life span and by changing the organic make-up of the garbage in that area. Responding to Commissioner Rudberg, Director of Public Service Forbes recognized that there could be an immediate danger of explosion and fire at the landfill, since the monitoring wells have shown the levels of methane gas are above explosive levels. He stressed that is the reason for the remediation efforts. Streets/Sanitation Superintendent Roger Sicz noted that the City must also take measures to ensure that the gases do not migrate off City property. Mr. Frank Carter, appellant, stated that he and his partners have purchased a beautiful 230-acre parcel which borders Riverside Country Club, the East Gallatin River and Manley Road; . and they intend to develop that property into eleven 20-acre tracts for high end residential development. He noted that their land planner read the advertisement in the newspaper and, after discussing the matter with his clients, forwarded the appeal letter to the Department of Environmental Quality. He indicated that, in his opinion, the most logical place for the flare would have been at the entrance to the landfill; however, he suggested, because of visual impacts to the Bridger Creek Golf Course, the flare was moved so it creates less visual impact 11-12-96 -.------ ----.---- . - 7 - to that development. He stated that the proposed location of the flare creates a visual impact for their proposed subdivision, which is their concern. He indicated that he has read about pride in the community, the Commission's desire to preserve the community's integrity, efforts to protect the downtown and its architectural heritage and the desire to create attractive e gateways to the community. He stated that the proposed flare, which is essentially 6-inch PVC pipe sticking 13 to 18 feet out of the ground with a 7 to 10-foot-high flame at the top, is not aesthetically pleasing and suggested that the City should "practice what it preaches". He suggested that a master plan for landscaping the landfill should be developed prior to its closure, suggesting that screening of the flare could be included in that plan. He indicated that his land planner has developed two different proposals for screening, one which involves berming and trees and one which includes a hard louvered panel. He indicated the estimated cost of the landscaping is $10,000. He suggested that, in light of the estimated $2.175 million cost of the total project, including capital costs and thirty years of operation and maintenance, this seems like a very insignificant amount. He further noted that the landfill is a good income generator for the City, suggesting that the City should be willing to make a small investment einit. Mr. Carter thanked Streets/Sanitation Superintendent Sicz for being cooperative whenever issues have been raised. He noted that the white goods pile was unattractive and, when the matter was brought to his attention, the Superintendent had a camouflage screening installed in front of it. City Manager Wysocki cautioned that, until the hearings officer has heard the appeal and made a decision, the permit is on hold and the City is unable to take any further steps. He noted that once the issues have been resolved, the city can make any necessary adjustments and proceed with the remediation. Responding to Mayor Stueck, the City Engineer stated that the height and location of the stack and flare are critical in terms of air quality considerations. He noted that the flare is to e be located essentially in the center of the active area, and the height is critical for dispersion of the combustion gases. He cautioned the Commission that the City's consultant has prepared the proposal which has been reviewed and approved by the air quality engineers, and any adjustments from what has been approved could negatively impact the installation and the 11-12-96 ---- . -- ...- ..-..--- - 8 - results, as well as terminate the State's approval. He further cautioned that berming may not be possible around the flare, depending on impacts to drafting. Responding to questions from Commissioner Rudberg, City Engineer Brawner estimated the overall height of the flare at the Wastewater Treatment Plant at 10 feet. He further . cautioned that the heat from the flare and the methane gas could have a negative impact on live vegetation, and there is no water supply at the landfill to keep the landscaping irrigated. Mayor Stueck asked the staff to carefully monitor the appeal process and keep the Commission informed about remediation at the landfill. (8) Presentation from Humane Society re lease/donation of property at 2125 North Rouse Avenue Mr. Bruce Jodar, Board of Directors for the Humane Society of Gallatin Valley, noted that, included in the Commissioners' packets, was a letter forwarding the Board's request for either a long-term lease or donation of two acres of City land at 2125 North Rouse A venue to the Humane Society. He read into the record a statement, noting that for the past 23 years, the Humane Society has provided a valuable service to the community and to the City. He noted that the Humane Society has saved the City a lot of money because it has worked to . independently raise funds to run the program; however, because of increased population, both in people and in pets, the facility must now be upgraded and expanded. He stated that, to solicit funds, the Humane Society needs either a long-term lease, like 50 years, or the land donated to them. He indicated that the one acre on which they are presently located is inadequate; an additional acre would meet their needs now and for several years. Mayor Stueck noted the subject property is the old landfill area and asked if any of the property is involved in any parkland dedications. He expressed concern that, depending on restrictions, it may not be possible to donate the land, and leasing may be subject to some restrictions as well. City Attorney Luwe indicated he must research how the land was deeded to the City, . cautioning that if it is in trust, the terms must be carefully reviewed to determine if either donation or lease may be considered. Responding to questions from Mayor Stueck, Mr. Jodar stated that relocating to another City property is not an acceptable option to the Humane Society. He then indicated that a 50- year lease would be acceptable to the Humane Society if the Commission determines that 11-12-96 --.-....-.--.-." ---.-..-.-...-.." ,,-....-.. -.. .------. ----. ---. --- - 9 - donation is not a viable option. He stressed that, under the current lease arrangement, it is not possible for the Humane Society to raise the funds needed to either upgrade the existing facility or construct a new facility. Commissioner Rudberg asked if anyone has talked to the neighbors about possible . expansion of the Humane Society facilities at this location. Mr. Sam Rotellini, Director of the Humane Society, stated that he felt it was important to obtain some type of commitment from the City before talking to the neighbors. He then noted that the proposed new facility will be located on the new one acre, which will remove it further from existing residential development in the area. He also noted that, with new technology and sound deadening materials for the outdoor runs, the noise generated by the animals should be dramatically reduced. He indicated the facility will be more aesthetically pleasing and will be healthier for the animals living there. Mr. Jodar noted that the existing building is in poor condition, with some serious foundation problems. He indicated the Humane Society intends to convert it to storage and possibly meeting rooms after the new building is constructed, although they recognize that may . not be possible given its current condition. Responding to the City Manager, Mr. Jodar stated the Humane Society would consider building an entire new facility and removing the old one if it is determined necessary. Mr. Rotellini stated that, at the present time, the Humane Society does not have adequate outdoor facilities to accommodate all of the types of animals brought in, including chickens and goats. He stated that, with the extra acre of land and a new facility, the appropriate outdoor environment can be created. Responding to Commissioner Rudberg, Mr. Rotellini stated that the Humane Society is currently under contract to provide services for Gallatin County, West Yellowstone and Bozeman. He noted that, while the Humane Society accepts animals from everyone in the area, a majority of them are from the general Bozeman area. . Commissioner Rudberg expressed concern about dogs being "recycled" in the community when they are picked up and taken to the Humane Society. She also expressed concern about the health hazards created by dogs running loose and the potential dangers to small children. Mr. Rotellini stated that the Humane Society does not accept aggressive animals and does not adopt them back out into the community. He indicated that people are carefully 11-12-96 ._u___...._.... -..-.---.--..-. - 10 - screened to determine whether they can provide suitable accommodations for an animal before they are allowed to adopt one. At the present time, a certificate for spaying or neutering is issued with each animal adopted and, when the new facility is completed, each animal entering the facility will be spayed or neutered before being released. He stated that this new step . should help to dramatically reduce the multiplier effect that results from unaltered pets. Responding to Mayor Stueck, the City Attorney stated that the City has a lease agreement and a separate management agreement with the Humane Society at the present time. He noted that, since the lease has expired, the Humane Society is on a month-to-month tenancy because the new lease agreement has not yet been negotiated. Mr. Bruce Jodar and Mr. Sam Rotellini defended the Humane Society's no kill policy, stating they believe that through appropriate adoptions and spaying and neutering, many of the current problems can be alleviated. They further noted that, with the increase in population comes an increased demand for pets and, if pets are not available through the Humane Society, people will get them elsewhere and they probably will not be altered. City Attorney Luwe suggested that the Commission consider a lease which is . automatically renewable every ten years, to provide trigger points at which it could be terminated if either party so desired, to a maximum of fifty years. City Manager Wysocki noted that the lease could also provide an amortization schedule for possible termination at the end of any ten~year period. He stated that, in the agreement for the Law and Justice Center, reconsideration is at the end of seven years, which allows time for both parties to prepare if it is determined that termination of the lease is appropriate. The City Manager then questioned whether, if the land is donated rather than continuing the lease arrangement, the Humane Society would continue its commitment to take all animals brought in by City of Bozeman personnel. In response to Commissioner Youngman, Mr. Rotellini stated a willingness to continue accepting all animals from City of Bozeman personnel in perpetuity, even if the land is donated. . Each of the Commissioners, in turn, responded to the question of whether they would prefer a lease arrangement or donation of the land. While several of the Commissioners indicated a willingness to consider donation of the land, they also recognized there are several issues and questions to be resolved before that option could be seriously considered. They also 11 ~ 12-96 - 11 - indicated an interest in a long-term lease, with some of the Commissioners indicating their preference for this option over a land donation. The Commissioners recognized that this item will be placed back on the agenda for action after staff has had an opportunity to review all of the legal issues involved and prepare . the necessary documents. They concluded by thanking the representatives from the Humane Society for their presentation. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from Police Chief Larry Conner, effective February 1, 1997. (2) Copy of a letter from the Bozeman Area Chamber of Commerce to the Bozeman City Government Study Commission, dated October 30. thanking them for meeting with the Chamber Board. (3) Copy of the Request for Statements of Qualifications for professional engineering . services for construction of a new dam on Sourdough Creek. November 6, 1996, (4) Letter from Assistant Planning Director Arkell, dated concerning the status of the Durston Road right-of-way, in light of concerns raised during last week's public hearings. (5) Letter from Chris Boyd, Assistant Director of Gallatin Valley Land Trust, dated November 6, forwarding information regarding a proposed new trail along the Sourdough Road area. The City Manager encouraged the Commissioners to carefully review the information contained in the letter, noting that it includes ten points which must be carefully considered prior to approval of this proposal, since some of them require commitments by the City. (6) Agenda for the Gallatin County Commission meeting which was held at 1 :30 p.m. . today in the Community Room at the Courthouse. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. tonight in the Commission Room. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, November 13, 1996 in the Commission Room. 11-12-96 - 12 - (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, November 13, 1996 in the Commission Room. (10) The City Manager submitted his weekly report, as follows. (1) Noted that South 11th Avenue, on campus, has been paved. (2) Indicated that improvements to Mandeville Lane . at North 7th Avenue have not been completed. (3) Announced that the City has received a check for slightly over $21,600 from MMIA as its dividend in the worker's compensation program. (4) Noted that leaf pick-up continues as weather permits. (5) Reminded the Commissioners of the meeting with legislators, scheduled for 7:00 p.m. tomorrow night at the Manhattan Elementary School. (6) Announced that a car commercial will be filmed on the south side of Bozeman as soon as snow falls. (11 ) Commissioner Youngman stated that she attended the Library Board of Trustees meeting last week. She reminded the Commissioners that, beginning Sunday, the Library will expand its hours, including Sunday afternoons and two more mornings each week. She encouraged all interested Commissioners to attend the open house on Sunday, which will serve as the kick-off for the expanded hours. . (12) Commissioner Rudberg submitted the following. (1) Attended several meetings, including the SCORE luncheon, groundbreakings at the hospital and the new Bozeman Daily Chronicle building, reception for the Russian Ballet, and the MSU Advisory Board meeting. (2) Attended the Development Review Committee meeting this morning, at which two of the three projects discussed were located along West Babcock Street. She suggested that if the Commissioners are serious about upgrading of that roadway before additional projects are approved, then it must take an active role in pursuing that issue. (3) Asked that Personnel Director Berg be encouraged to write a short article for the next newsletter thanking staff members for their efforts, which resulted in the dividend from MMIA. (13) Commissioner Stiff submitted the following. (1) Attended a meeting in Manhattan . last night, noting that while the meeting was good, it was poorly attended. He then expressed his concern that attendance at tomorrow night's meeting might be as poor. (2) This weekend, watched the Lady Hawks Basketball Team beat the team they played for the State championship last year. He noted that many of those on the Lady Hawks team are not only good athletes, they are also good students and musicians. 11-12-96 ......__________._n - 13 - (14) Mayor Stueck submitted the following. (1) Attended the reception for the Russian Ballet. (2) Spoke during the opening of the Farm Bureau convention yesterday. ( 15) The City Manager suggested that the Commissioners may wish to briefly discuss improvements to West Babcock Street with the County Commissioners if Wednesday evening's . meeting is poorly attended. The Commissioners noted that a work session with the County Commissioners would be appropriate. ( 16) Mayor Stueck expressed concern about the number of copies which they received today. Following discussion, the Commissioners concurred it would be appropriate to circulate one copy among themselves, recognizing that if any Commissioner wishes to have a copy for himself or herself, it may be requested. They further noted that copying on both sides would reduce the amount of paper used. Adjournment - 5:07 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. ~ ;(/f~~ DON E. STUECK, Mayor ATTEST: ~ /a~ ROBIN L. SULLIVAN Clerk of the Commission . 11-12-96