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HomeMy WebLinkAbout1991-05-28 MinutesMay 28, 1991 Page 11 - Lines 49-50 - (No. 26) - change to read "... along the south and east sides of the property be specified as Colorado spruce trees." MINUTES 0F THE MEETING OF THE CITY COMMISSION B0Z2MAN, MONTANA May 28 7991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May za 1991 at 3.30 p.m. Present were Mayor Hawks Com- missioner Goehrmng Commissioner Frost, Commissioner Swanson, Commissioner Knapp' City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items he removed for discussion. Mi nutes It was moved by Commissioner Ooehrvng seconded by Commissioner Frost that the mimutes of the regular meeting of May 13 1991 be approved as amended. The motion carried by the following Ayr and No vote: those voting Aye being Commissioner ` Goehrung Commissioner Frost Commissioner- S*ansvn, Commissioner Knapp and Mayor Hawks; those voting No none. Mayor Hawks ucm,rrcd modnn on the minutes of the regular meeting of May zo 1997 for a period of one week. Presentation request for Comm i ion adoption of joint resolution re establishment of the Gallatin County Prevention Coaliti City Manager Wysocki submitted to the Commission a proposed joint resolution, as submitted by the Gallatin County Prevention Coalition, entitled: A JOINT RESOLUTION TO FOSTER AND MAINTAIN HEALTHY BEHAVIORS FOR CHILDREN, YOUTH AND FAMILIES IN OALL&T/N COUNTY. Ms. Joyu Kohl, Coordinator of the Gallatin County Prevention Coalition, stated this agency was established as a result of the grants which have been received in Gallatin ' County, one being the community partnership grant and the other being the children youth nouvdics grant a portion of which has been used to fund the after-aohvo| program administered through the City's Recreation Department. Ms. Kohl stated the purpose of the Coalition: is to address the problems surrounding use of alcohol and drugs and how they can impact the youth in the community, and to continually assess the m*odn of the community. She stated it is their goal to reduce drug use by ch/mreo in Gallatin County. Ma. Kuu| stated that in addition to the joint resolution, the Commission received information on the parties that have adopted the resolution to data along with information o5-2G-y1 - z - about the Gallatin County Prevention Coalition and its activities to date. She stated that this resolution provides a mechanism and structure for developing a private/public part- nership to work for the betterment of the children, youth and families in Gallatin County. Ms. Kohl then showed the Commission a scroll, which includes the joint resolution, as submitted to the Commission, along with on area for signatures of representatives of those parties to the resolution. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission authorize and direct the Mayor to sign the scroll for the joint resolution. ` The motion carried by the following Ay* and No vote: those voting Aye being Commissioner Frost, Commissioner 5waosnm Commissioner Knapp, Commissioner Goohruog and Mayor Hawks; those voting No none' Discussion | from HRDC for duoti needs assessment for | i ration of future application for CL)BG housing or public facilities monies The City Manager submitted to the Commission a letter from Jeff Rupp, RRDC dat- ed May zx 119e1. Mr. Jeff Rupp' Executive Director of the Human Resource Development Council, stated it has come to his attention that the City's needs assessment must be redone before it can apply for any Community Development Block Grant housing or public facilities monies. He then stated that he recognizes the Planning staff is very busy and does not have the time to cvmp|*to such a needs assessment, and offered HRDC's services in com- pleting that assessment. Mr. Rupp gated that he has contacted some individuals who have done the needs assessments for some of the successful applications for CDBC monies; however, none of them are available to conduct such a study in Bozeman in the near future. Be then sug- gested that he request a needy assessment from a prior award winner from the Department of Commerce in Helena. He stated that the form could be followed to develop a survey for Bozeman; and the Sociology Department at M3U could review the questions to ensure that they are not leading or biased. He suggested that the HRDC could then hire a couple of oo||cg, students to gat the groundwork done for the needs assessment this summer, so that the final needs assessment is ready in the ta|| if the City decides to enter the first round of applications, the deadline for which is September vs. Mr. Jeff Rupp then requested that the Commission designate a contact person for the City' preferably in the Planning Department, with whom he can work during this pro- cess. He then suggested the possibility of designating Planner Debbie &rkel|, since she currently hand/es all of the CDBG projects which are in process. Mr. Rupp also requested Commission acceptance of his proposal, along with the ^s- - z - surance that the Commission will accept the needs assessment when it is completed. Responding to Commissioner Knapp, Mr. Rupp suggested that the needs assessment should be completed zn to vs days before the deadline for applications a/ that the City can prepare an app//cat/on which responds to the needs identified. Commissioner GoehrunB noted that it was recently brought to his attention that the federal government will be making another $o million in CDBC monies available. He stated that the City has been quite successful in its grant applications for housing and public facilities projects; and he feels it should be in a position to make application for additional monies. He then stated support for the proposal forwarded by the HRVC. It was moved by Commissioner Swanson, seconded by Commissioner Knapp' that the Commission accept the gracious offer forwarded by the Human Resource Development Coun- cil to prepare a needs assessment in anticipation of future applications for Community De- velopment 8|urk Grant housing or public facilities pn4ncta' and further state a willingness to accept the results of that assessment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Gvohrung, Commissioner Frost and Mayor Hawks; those voting No none. Responding to Mr. Rupp' the City Manager reminded him that the Planning staff members work for the Planning Board. He then stated that he will negotiate the desig- nation of a staff person to serve as liaison with the appropriate persons, and will forward the name to the uRuC office. Authorize City Ma nager to sign - Pre-application for CDBC economic development monies - Lattice Materials Corporation, 516 East Tamarack Street City Manager Wysocki submitted to the Commission a memo from the Planning Office, dated May z» 1991 along with o copy of a portion of the pre-application for Community Development Block Grant economic development monies on behalf of Lattice Materials Corpo- ration, 516 East Tamarack Street. Planner Debbie Arkv|| stated that this is an application for $200.000 in Community Development Block Grant economic development monies, which is a separate program from the one discussed in the above agenda item, She noted that there is no specific deadline for applications; and applications may he made as long as there are monies available. She then stated that for every $20 requested, the app!/cant must provide one job for n low- or moderate-income person. Responding to Commissioner Knapp' Planner Debbie Arkr|/ reviewed the projected number of full-time equivalent low-income jobs that would be created under this appUca- tivn. She stated that the applicant anticipated creating 15 full-time equivalent jobs, 10 of which will he for low- or moderate-income persons. She stated that Lattice Materials Cor VS-z0-9l - 4 - poration presently has 17 fw|/-thnn equivalent positions, with one of those positions being retained under this loan application. Planner ArkaU then reviewed the purpose of this application for a now Co8G eco- nomic development loan. She reminded the Commission that Lattice previously received a CD8G economic development loan for its existing business, which is manufacturing cryyta|s. She stated that under this new loan, they would boy the equipment necessary to expand that business to include the manufacture of germanium crystals as well. Planner ArheU stated that if this pre-application is approved' the Department of Commerce will invite the City to submit a full-blown app(/catk/n. She noted that the appU- catinn would be completed by people from Lattice Materials Corporation and the Planning Office; and public hearings must be held on that application before it is fv,wuru*u to the State. She then indicated that if this application is approved, the previous CDBC econom- ic development loan must be liquidated. It was moved by Commissioner Knapp' seconded by Commissioner Gomhrung, that the Commission authorize and direct the City Manager to sign the pre-application for Com- munity Development Block Grant economic development monies on behalf of Lattice Mate- rials Corporation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Gnohrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Decision - Conditional Use Permit Joseph and Susan Billion allow intersection ot U.S. 191 and Cottonwood Road) This was the time and place set for the decision on the Conditional Use Permit re- quested by Joseph and Susan Billion to allow construction of a 20'000-squore-foot car deal- ership on the east one-half of the southeast one-quarter of Section 9 Township 2 South, Range 5 East Montana Principal Meridian. The subject property is approximately 4.5 acres in size and is more commonly described as being located along the north side of U.S. Highway 191, just west of the Cottonwood Road/U.S, lm intersection, City Manager Wysocki reminded the Commission that the public hearing on. this ap- plication was opened on November 5 7990 and closed on November 13, 1990/ and on No- vember 79 the Commission voted to approve the footprint for the building but delayed all other motion on the Conditional Use Permit until after the conceptual developmental guide- lines for the entire Planned Unit Development had been reviewed and approved. He re- minded the Commission that at last week's meeting, the conceptual developmental guidelines were considered and conceptually approved, subject to several revisions. The City Manager then noted that, included in the Commissioners' packets was a memo from Planner Skc|tpm dated May 23 setting forth three now conditions as a result of 85-2o-yr - 5 - the Design Review Board's review of this application at their meeting of May 22 along with n copy of the minutes from that meeting. He nomad that a revised site plan, dated May 16 was also included in the packets. The city Manager then distributed to the Commission a memo from Planner skr[t*= dated May zo setting forth five additional conditions recommended by the staff to address concerns which arose during review of the new site plan, dated May 16 1991 which was received in the Planning Office on May Zs. He reminded the Commission that the City-County Planning Board had recommended approval or this application, subject to twenty conditions as set forth in Resolution No. Z-9031; and the conditions in these two memos are in addition to those contained in that resolution. Associate Planner Dave Skelton provided the Commission with a brief review of the application and the process which has taken place to date. He reminded them that this application is for construction or a 20 car dealership as the first phase of o planned unit development which is to be completed under the land use development guidelines which the Commission conceptually approved at ieat week's meeting. The Planner noted that the applicant has submitted a revised site plan; and the DR8 reviewed that plan at its meeting on Tuesday, prior to recommending the three addi- tional conditions listed in his memo dated May 23. Planner Skelton reminded the Commission that this application was originally submit- ted in October 1990; and a substantial amount of activity has transpired since that time. He noted that the subject property is located in the corridor along O.S. /VT; and buffer- ing and landscaping to address the visual impacts of this project on the entryway have been discussed at length. He noted that s/gnage has been another issue; and the appli- cant has now revised his plan to request seven signs, with one of the freestanding signs measuring & feet high and 12 feet wide, being oriented to U.S. 191 and the remainder of the freestanding signs being oriented to Auto Plaza Drive. He further noted that the ap- plicant is proposing to momnt the facade sign on the upper level of the structure facing U.S. 191 which has been calculated at 140 square feet. He stated that the DRu reviewed this new siBnaBe proposal and determined that, based on the now design elements and |n- oeduns the increased deviation request was justified. Responding to Commissioner Swanson the Planner stated that the antnmvbi|* man- ufacturer signs have been relocated from the U.S. 191 frontage to Auto Plaza Drive; and they are both to be 24 feet in height. He noted, however, that both of these signs are double faced and will be generally facing U.S, 191. Planner Skelton then briefly highlighted the original conditions recommended by the Planning Board for approval, along with the three conditions stemming from the DRB re- view and the additional five conditions recommended by staff after careful review of the _* - revised site plan. He noted that it is important to remember that the subject parcel has not yet been subdivided; therefore, it is presently a 20-acre site, H stated however, that the conceptual review has been to consider this car dealership on o 4.5-acre tract of land within that 20-aure parcel. He then indicated thot before a second structure can be built on the 20-acra parcel, it must first go through the subdivision process. Commissioner Swanson stated that during the November meetings he expressed res- ervations about allowing a paging and loud speaker system on the site. He stated that he does not fed that such a system would he compatible with future residential development in the area particularly since the property is zoned R-O. He then noted that none of the recommended conditions addresses that issue. Planner Skelton suggested that |oucl speaker systems could be addressed under the finalized land use development guidelines or possibly during the planned unit development process, with specific criteria being set forth to address the |owdmcss or the issue Of sound traveling beyond the lot fine. concep- tual land use development guidelines, it was his impression from Mr. Kamp's response that the applicant planned to install a loud speaker system because they are allowed for other dealerships. Mr. Joe Billion, applicant, noted that the /and use development guidelines can es- tablish volume |cvo|s which may not be exceeded by any development within the entire PUD�. He then stated that it is impossible to effectively operate this type of business without an outside paging system. He noted, however, that he xas proposed a zoned pag- ing system with volume controls for each zone mmtimvdm8 that only lo percent of the pag- ing would involve the outside upeakers. He also noted that the speakers are directional and can be pointed downward to minimize their projection. Commissioner Swanson asked if there isn't a better method of paging which will help to avoid noise pollution, particularly in this age of tmuhn*}ngy. He then suggested having the employees carry pagers rather than utilizing a speaker system. Mr. :i|//on stated there are ten fines into the existing car dealership; and he is not certain that today's technology could adequately address the issue without a speaker sys- tem. He further noted that customers are paged at his place of busioewo, not just the sales people. Qty Manager Wysocki asked the applicant if it would be acceptable to add a condi- tion which stipulates that the decibel |ova| of the loud speaker system not exceed the deci- bel level of the background noise at that location; Mr. Billion indicated it would be. Mayor Hawks suggested that since there is not an immediate potential for residen- tial development in the area, a condition be added to require that the bud speaker system o5-28-e1 - 7 - on this site be consistent with the design guidelines approved for the uoUru PUD; and if it is mmt it can b brought into compliance at that time. Planner Skelton suggested another condition which would set forth a list of allow- able frequencies for specific activities, with those readings to be taken at the lot lines of the subject parcel. He noted that those activities could include, but not be limited u^ machines devices speaker systems or any combination U`ereof. Responding to Commissioner Swanson, Mr. Billion stated that the speakers mounted on the back of the building will be facing toward the back of the lot; those under the canopy of the front of the structure will be pointed downward; and there will be a horn on the front of the building pointing toward the front lot. He then requested the flexibil- ity to establish a sound (mva| that can adequately be heard noting he does not hn|iu/o it should be excessively loud. Commissioner Knapp stated that she shares Commissioner S*ansom/s concerns. She noted that the subject site is zoned R-Q Residential--Office, and according to the master plan, development is to he compatible with residential development. She noted, therefore, that the noise level is much more important in this ,one that it would be in a B-3 or M-1 district. Commissioner Gnehrung noted that the City can establish standards for allowing a speaker system on the site; or the City can impose a condition which allows no external |pwd speakers on the property. Commissioner Swanson stared that if the Commission allows external speakers on this site, it must also u||mv them to operate at a level where ppnp|* visit/mg the site can hear what Is being said. He stated that he is not prepared to accept that level of volume; and he feels there is a better may to provide the desired paging coverage. Mr' Billion stated a willingness to ensure that the speaker system does not exceed a specified dcdbm| level. He further reminded the commission that the subject site is 4.5 acres in size; therefore, he does not feel that the noise will impact any adjacent propur- ties, He further noted the level does not mood to be excessive because those who might be paged will have their cars tuned to the uystwm. Responding to the Mayor, Mr. Billion reiterated his concern that a pager system would not provide adequate coverage particularly since the dealership has ten outside telephone lines. He also noted it would be extremely difficult to p age customers with that system. Commissioner Swanson noted that this is the first of hopefully several businesses to locate within this plaza. He expressed concern that if one or two more dealerships /nuete there; and all of the dealerships have loud speaker systems the accumulated impacts on the area would be tremendous. oS-2a-yr - o - The City Manager once again suggested that limiting the decibel level at the prop- erty line to that of the background noise onv|d adequately address those concerns. Commissioner Swanson stated that it is important to demonstrate the compatibility of this project with pnv:nMa| future residences; and he fo*|x that a loud speaker system could lessen its compatibility with those residences. Responding to questions from Commissioner Goehrvog Planner Skelton stated that the building is located 125 feat from the existing U.S. 191 right-of-way- He stated that an addit|ona!| 35 feet of right-of-way will be required for expansion of the roadway. leav- ing a 90-foot setback from the property line. He noted, therefore, that the location of the structure meets the required 25-fnot setback requirements. Commissioner Gnehrung expressed concern about the visual encroachment this proj- ect may have on U.S. 191 even with the existing setback, particularly with the "horse- shoe shaped" parking area fronting on U.S. 197 and the "arrowhead shaped" display area in the southeast corner of the site. He stated that the revised site plan does show some additional berming and landscaping along the southern property fine; however, he ex- pressed concern about the visual impacts of this large osco of asphalt" with cars parked for display purposes. The Commissioner then suggested that' since the direction of pri- mary focus is toward Cottonwood Road and Auto Plaza D,ip;^ it may be beneficial to relo- cate the arrowhead shaped display area to maintain that orientation. Commissioner Govhrung noted that no the site plan, therm are a few cars shown in the shaded area along U.S. 191 which has been designated as display area. He then asked how many vehicles can actually be displayed in that area, including the arrowhead area. He stated that, with the survey stakes in place and the building near completion, the impacts of this project from the roadway are readily recognized. Mr, Dan Kemp' architect representing the applicant, stated that, indeed the origi- nal orientation of this project was toward U.S. 191. He stated that with the substantial amount or uerming and landscaping that is proposed, as well as with the roi"matk,n of signage' the orientation has now been shifted to the interior roadway, Commissioner Gnehrung stated once again that he feels it would be appropriate tn relocate a portion of the display area from the U.S- 191 frontage to the north side of the structure, ^ntln9 that such an area should be adequately buffered from development on the surrounding sites. Mr. Billion stated that the landscaping along U.S. 191 has been discussed at |ongth. He then asked how much buffering the Commission wants and whether they want o natural look. He then stated that with the landscaping included on the revised site plan, there is one exposure from U.S. 191; and that is of the horseshoe portion of the display area. He suggested that for a 20-acre commercial node, that is not an excessive ns-2n-91 _9- amount of exposure. Responding to Commissioner Coahr"ng's Previous question, Mr. Billion indicated that the horseshoe area will accommodate nine vehicles; and the arrowhead area would probably hold 90 cars. He then suggested that a few cars could be displayed in the shaded area west of the horseshoe display. Mayor Hawks noted that the Commission's original position was one of creating an insulating effect from U.S. 791 for this project. He auntmd however, that the Design Re- view Board has suggested that clustering of trees and landscaping would provide a more natural look than a buffer strip of trees. He then stated support for the DRB recommen- dations, ondmg that he feels that the clustered landscaping could provide the visual breaks which the Commission feels are important. Mayor Hawks noted that the change in orientation makes this project much more ac- ceptab[o particularly with the proposed landscaping. He stated, however, that the spe- cies of those evergreen trees shown in the southeast corner of the project has not been specified; and he suggested that they be designated as Colorado spruce. He noted that the spruce tree is much denser and provides substantially more screening that the scotch pine' which is basically a more vpmo' "see through" tree. Commissioner Swanson suggested that a Condition Np, zy be added to approval of this application, which stipulates that no speaker system will be allowed for this project. Commissioner Knapp reiterated her concern about the impacts that a loud speaker system www|a have on future residences, based on complaints from individuals presently living near an automobile dealership. She also stated that, given today's technology, she feels it is quite appropriate to prohibit the use of an external speaker system. Commissioner Oochrvng stated support for the above comments. He noted that if a speaker system were allowed, with a decibel limit, it would become the City's responsibility to ensure that it did not exceed that limit, and take steps to address any infractions. The Commissioner further noted that it would be extremely difficult to sot an acceptable decibel |r,o| given the fact that sound carries on a cold crisp day while the foliage of summer mutes the noise. Commissioner Frost stated that he felt that it was decided in November that no out- side speaker system would he allowed. He stated that he supported that option in Novem- ber, and still does. Mayor Hawks stated that' while he could have supported establishing a limit on the loudness of speaker system, he can also support allowing no external speaker system. Commissioner Frost stated support for Mayor Hawks' suggestion that the evergreens at the southeast corner be designated as Colorado spruce' suggesting that be added as a condition; the Commissioners concurred. Mr. Billion asked if the voice box speakers in the extended cauopv at the front of - m - stated they would not be allowed because the condition means no external apeakors, Planner Skelton noted it is staff's understanding that the thirty conditions for final Com- missioners concurred. Mayor Hawks noted concern about the fact that this conditional use permit is for the first phase of a planned unit development which does not exist. He suggested, how- ever, that the process has provided adequate documentation to date to reflect the intent of both the applicant and the Commission. it was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Joseph and Susan Billion to allow construction of a 20 car dealership on a 4.5-acre portion of a 20-acrr site located in the east one-half of the southeast one-quarter of Section 0 Township z South, Range s East, Montana Principal Meridian subject to the following conditions: l. That the applicants document review and approval of the on-site fire protection program by the Board of Directory of the Rae Volunteer Fire Company prior to final site plan approval; z. That the final site plan comply with Section lV.so.;oo' Landscaping, and Chapter 18.So.120 Parking Requirements, of the interim zoning ordinance prior to final site plan approval; 3. That the site plan identify snow removal storage area, ground cover and vegetation, impervious surfaces, maximum height of exterior light fixtures, garbage refuse screening, sidewalks and yard setbacks pri- or 10 #pa| site plan approval; 4. That the landscape legend identify the quantity of each landscape species prior to final site plan approval; S. That the site plan dimension the general by"vx of the off-street parking lot, driving aisles, auto display areas, sidewalks, landscape strips, and access driveways prior to final site plan approval; n. That the applicants submit engineered roadway improvements plans, including acre|/dece| lane(s) on U.S. Highway 191 for review and approval by the Director of Public Service, Montana Department of Highways and Gallatin County Road 0tMc* prior to final site r|ao ap- 7, That more detail be provided in the Traffic impact Analysis regarding the intersection of U.S. lyl and Cottonwood Road for review and ap- proval by the Director of Pub//c Service, Montana Department of Highways and Gallatin County Road Office prior to final site plan ap- proval; 8. That the on-site community sanitary sewer and mater improvements and any future mains or service lines for individual structures in subsequent phases be reviewed and approved by the Director of Pub- Mc Service and City of Bozeman Water Superintendent prior to Oma| site plan approval; v- That plans for on-site sewage disposal and domestic waver facilities be reviewed and approved by the County Sanitarian and Montana Depart- ment or Health and Environmental Sciences prior to final site plan ap- 7u. That site surface drainage plans, storm drainage sizing calculations and nvtfaU details be reviewed and approved by the City Engineers Office prior to fina( site plan approval; -11_ 11. That the design of Cottonwood Road be reviewed and approved by the Gallatin County Road Superintendent and that the applicants provide documentation of w waiver or right-t"-protest the future expansion of Cottonwood Road right-of-way prior to final site plan approval; 12. That Auto Plaza Drive provide a temporary cul-de-sac at its point of termination in the first phase; Yx. That the applicants document a $100,00 deposit to the Gallatin County Road Office for installation of a road sign for Auto Plaza Drive; 14- That the applicants provide documentation of a waiver-of-right to protest annexation into the City of Bozeman and/or a requirement for book-up to city services when they are within a specified distance from the development; 15. That the applicants submit an open space/trail corridor implementation plan for improvements to the Baxter Creek corridor for review and approval by the Bozeman Recreation Advisory Board prior to final site plan approval; 76. That a master plan with land use development guidelines for the on- u t planned u development b submitted for review re twenty-acre pmnne uo cvc{ opmem c su m r re w and approval by the City-County Planning Board and the City Cum- mission prior to any submittal of an application for development of a second structure or use; 17. That the applicant apply for a sign permit from the City Building Of- ficial for all signs proposed for the project prior to issuance of an occupancy permit; lV. That within 60 days of final completion of all site work the applicant's licensed architect and engineer overseeing the project shall certify to the City-County Planning Office that all improvements have been com- pleted in accordance with the approved final site plan; )e. That prior to making application to the Bozeman City-County Planning Office for site plan review or a second structure within Billion Auto Plaza p.u.o, the developer shall complete fvrnq[ review and approval of the remaining portions of the 20-acre auto related planned unit de- velopment, and formal review and approval of the major subdivision for the 20-acre planned unit development; 20. That the submitted site plan graphically delineate the 4.5acrc portion of the 28-acre planned unit development designated for the 20,000- square-foot auto dealership prior to final site plan approval; z/. That the submitted site n|au graphically delineate the 3.0-acre portion of the 20-acre planned unit development designated as "Open Space" prior to final site plan approval; zz. That the submitted site plan eliminate wording that makes reference to V.U.D. Submittal" prior to final site plan approval, 23. That the submitted site plan designate "primary site #z'' as "future primary site #2" prior to final site plan approval; 24. That the submitted site plan legibly refer to a revised site plan date of May 21 1991 prior to final site plan approval; 25. That no exterior public address or speaker system be allowed on the subject property; -- �- zo. That the evergreen / located along the o*uth� side�nf the property «~ be specified as,,4ruc trees, 27. That three copies of the final site plan, containing all the conditions corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or busi- ness license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed uS-28-9Y - 12 - copy shalt be retained by the Building Department, and one signed copy shall he retained by the applicant; 28. That if improvements are not installed prior to final site plan ap- proval, the applicant shall enter into an Improvements Agreement with the City of Bozeman. Detailed cost estimates, construction plans and methods of security shall be made a part of the Agreement; 29. That if occupancy of the structure or commencement of the use is to occur prior to installation of the improvements the Agreement must be secured by a method or security equal to one and one-half times the amount of the cost of the scheduled improvements; and zo. That all the on-site improvements shall be completed within nine months of occupancy. If the required conditions have not been sat- isfied, an on-site inspection will he made and a report made to the City Commission for their appropriate action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gnchrung Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting No, none. Appointment to Board of Adjustment Appointment to City-County Planning Board Appointments to Design Review Board Appointment to Historic Preserv�_t_ion Commission The City Manager submitted to the Commission a memo from Clerk of the Commission Sullivan listing the applicants for the existing vacancies on the above-listed boards and commissions. Responding to Mayor Hawks, the Clerk clarified the boards and commissions for which one of the applicants had filed. Mayor Hawks asked if the Commissioners wish to direct the Clerk or the Commission to rcadverd= for these vacancies, in an attempt to uewu|np a larger pnv[ of applicants; the Commissioners concurred these vacancies should be rcadvprtisrd along with all other term, which expire as of June an' Responding to Commissioner Swanson, the Clerk indicated that she has not suggest- ed to any of the applicants that they may not be qualified for the positions to which they are applying, Mayor Hawks addressed the issue as well. He noted that the interim zoning ordi- nance, which created the Design Review Board, specifically stipulates that one of those pus/bona is for an architectural historian; and technically, there is no one in Bozeman who is qualified to fill that position. He noted that Pau/ Qayo was the closest to meeting those qualifications; and he is the one who has just submitted the resignation. The Mayor then stated that he contacted the original drafters of this section of the code amd found it was their intent to achieve a broad balance on the board. He then sug- gested it may be beneficial to revise this section of the code prior to its final adoption, to give the Commission more latitude in selecting from a pool of what they feel are qualified -l3- candidates. He then suggested that if the Commission concurs in this revision, it could take a liberal interpretation of the interim ordinance and appoint someone who would qual- ify under the new language. Commissioner Knepp noted that under the finalized code, the Design Review Board will be getting more responsibility, in part because of the professional specifications for its members. She stated that. because of those added responsibilities, she feels it is impera- tive to retain the professional requirements for membership on the board. She recognized that it may not be possible to find an architectural historian; however, she would prefer to appoint someone who is ,*ry close to meeting those qualifications in an attempt to main- tain the integrity of the board. The Commissioner then stated that she would prefer to leave the position vacant for two or three months rather than select someone who might not fit the guidelines of the final zone code. Mayor Hawks then stated that Mr. Ralph Johnson has submitted his resignation from both the Design Review Board and the City-County Planning Board, effective June l. He stated that Mr. Johnson has since indicated verbally that he would be willing to continue serving on the Planning Board until after the public meetings and the public hearings on the final zone cod* have been held. The Mayor then stated his personal desire to accept that extension, which be noted should be for slightly over one month; the Commissioners concurred. Commissioner Knapp noted that Mr. Johnson has been very valuable to the City' noting his expertise in design and planning as well as his ability to speak well and convey his message. The Commission directed the Clerk of the Commission to roadvertisa for these va- cancies an well as all or the terms which are to expire on June ]o- They further re- quested that the appointments to all of the appropriate boards and commissions be placed on the June 17 agenda for action. Discussion - FYI Items The City Manager presented to the Commission the following "For Your tnfnrmation" items. (1) Memo from Commissioner Knapp proposing an agenda item to discuss selection of subcommittees of the Commission to review budget sheets, thus saving paper and energy to produce multiple copies. Commissioner GoohrunQ asked what the Commission's oversight obligations are. City Attorney Backer stated that each Commissioner is personally |ieh(e for approv- ing the expenditure of any monies over the amounts appropriated. Mayor Hawks suggested that the City Manager could be directed to review those os-zo-o1 -|4- documents and provide a report to the Commission. The City Manager noted that staff currently provides, mid-year and third quarter budget reviews, which provide a much more accurate overview of the status of the ov=ra|l expenditures than a review of each month's budget reports might provide. Commissioner 6oehrung stated that while he sympathizes with Commissioner Knapp's intent, hm feels that the oversight responsibilities are strong enough that the Commission- ers need to individually review the expenditures which they are required by law to au- thorize. Following a brief discussion, the Commissioners concurred that this item should be placed on the June » agenda for discussion. (2) Letter from Kenneth Hash Bozeman snnu and Gravel, dated May 21 1991 stating support for last week's Commission action on the Billion Auto Plaza request. (3) Letter from Mike U/[y' dated May 22 1891 inviting the Commissioners to conduct an on-site inspection at the Triple Tree Ranch prior to the continued public hear- ing on High Ridge Estates scheduled for June 3. Commissioner Swanson suggested the Commission: may wish to take advantage of this City Attorney Becker cautioned the Commission to be very careful about accepting this type of invitation, and be extremely careful not to say anything that could be con- strued as an intent to approve the application during that tour. He further suggested that the Commission invite the attorney for the opposition to attend the tour as well to avoid any appearance of impropriety. He also suggested that the Commission contact the press and [et them know when the tour is to be conducted so that the public can be made aware of the proposed meeting. Following a brief discussion, the Commissioners concurred it would not be in their best interests to accept the invitation and asked that City Attorney Becker forward their decision to Mr. Lilly. |4l Letter from Mr. John M. Fisher 173 Sourdough Ridge Road cl^ted May zn 1991 stating opposition to the High Ridge Estates project. (5) Letter from Lila Michael, 63 Hitching Post Road, dated May oo 1991 stating opposition to the High Ridge Estates prnprvsa|. (6) Copy of the notice of public hearing for extension of the interim zoning nr- dinance which is to be conducted at next week's meeting. (7) Minutes of the Bozeman Area Bicycle Advisory Board meeting hc|u on May 13, lnyl. (n) Memo from the Chairman of the 8ABAB dated May 13 1991 encouraging the Commission to send a letter Of suppurt for "The Bicycle and Pedestrian Transportation /m- us-zx-y1 _ /5 - provement Act of 1991" to all of Montana's legislative delegation in Washington, D.C. Commissioner Swanson requested that a letter of support to Montana's congressional delegation be placed on next week's consent agenda for action. He also suggested that the Commission contact the commissions or councils in some of the other communities in Montana, including Kalispell, Great Falls, Missoula, Helena and Billings, to encourage them to send letters of support as wd|- (9) Final report on the 1991 legislative session, dated May 17, as prepared by the Montana League of Cities and Towns. Commissioner Swanson noted that Alec Hansen used some rather strong language in this final report. He then asked if it would be appropriate to organize another round ta- ble meeting, with Mr. Hansen to be present and give an update on what happened in the legislative session. The City Manager stated that a District 10 meeting has been scheduled for 2:00 p.m. on Tuesday, June 4, for that very purpose, and suggested that the round table members could be invited to attend that meeting as well. Mayor Hawks asked the Clerk of the Commission to prepare a letter to the members of the round table for his signature. (10) Copy of a letter from Senator Max Baucus to Commissioner Knapp, dated May 16, 1991, forwarding information on international trade. (11) Copy of the Spring 1991 edition of the newsletter from Cornell Waste Ma nage- ment Institute, as submitted by Commissioner Goehruog, Commissioner Goehrung indicated he felt this information could be beneficial in light of tonight's public hearing. (12) Agenda for the May 21 meeting of the Gallatin County Commission, along with draft minutes from their meeting of May 14 and the daily minutes for the week of May 13. (13) Letter from the Gallatin Saddle and Harness Club setting forth the schedule of events for the parade judges on Wednesday, Jun* 19. u*rx or the Commission Sullivan asked for confirmation of how many Commissioners and their spouses will be attending the activities; o total of nine reservations were submit- ted. (14) Copy of an invitation to The President's Forum, scheduled for 12:00 noon on Tuesday, June 4 at the Elk's Club. (16) Agenda for the May zn meeting of the Gallatin County Commission. (70) The City Manager submitted his °maWy report, a, follows. (1) Distributed copies or the door hangers which will be utilized for the City's forestry program. (z) Staff has filled approximately z sand bags in anticipation of potential flooding from Bozeman Creek. (n) Representatives for the movie 'Y\ River Runs through /t" have been os-zo-e1 -m- seeking various movie locations around town/ and those presently under consideration in- clude the Carnegie Building, the Baxter Hotel, the Army Reserve the Granary the SAE House, the old Lehrkind Mansion, and the old depot on Front Street. He noted that the movie people are requesting that parking be limited while the shoots are taking place. (4) Continues to work on budgets and negotiations. (5) Attended the graduation ceremonies for Leadership Bozeman /||. (o) Staff is putting the Dnm| touches on the contract for the solid waste informational campaign. (7) Met with representatives of Blue Cross/Blue Shield regarding rates for the upcoming year. (o) The Supreme Court has provided funding for the purchase of computer equipment for the City Court, Rather than purchasing two new computers, the monies will be used to purchase four used terminals. (y) Announced that the Governor has vetoed UB795 which would have provided e financing mechanism for up- grading of infrastructures. He noted that he had forwarded a letter of support on behalf of the City; and the Governor has sent him a letter of response, stating why hm vetoed the bill. (1/] Commissioner Knapp submitted the following. (}) Noted her graduation from Leadership Bozeman {|( on Thursday evening. She noted that it was an enjoyable experi- ence, thanking her fellow Commissioners for allowing her this opportunity. (2) Attended the Performing Arts Center Committee meeting on Thursday. She noted that three possible sites were discussed; however, since a quorum was not prooaot no action could be taken' (18) Commissioner Gu*hrun9 submitted the following. (1) Attended the grad- uation ceremonies for Leadership Bozeman /|{' as an alumnus. (2) Announced that on 3at- urday June 1 the Bozeman Recycling Coalition will sponsor a community-wide collection of rccyc|ab}cs in the parking lot at the corner of South 11th Avenue and West College Street, near the Food Co-op. He noted that items to be accepted will include cardboard newspa- pers, cans and glass. (19) Commissioner Frost stated that he attended the Qty-County Planning Board me=ting and the nRB meeting last week. (zo) Commissioner Frost stated that he is seeking someone to prune his trees, citing his experiences during the process. He noted that six businesses are listed in the telephone book, one of which has had the number disconnected and three of which don't seem to know anything about trimming trees. He then asked if there is some way the City could disseminate information to those wanting to know who to call to do tree trimming particularly on the City's right-of-way. The City Manager suggested that possibly adoption of an ordinance regarding tree trimming on public r[ghtsof-way would be the best way to, address the issue. He tbom cautioned that without specific criteria set forth in some document, the City must take care not to recommend one firm over another, o5-ZV-91 -1z- Commissioner Frost responded he fors m quicker action is required to ensure that the trees on City properties are not unnecessarily injured, particularly in light of the fact that the recent tree inventory valued that asset at $9 m/|[inm. He them noted that he must have his trees trimmed; and he wants to find someone qualified to do the work. The City Manager suggested the possibility of having the newspaper run a feature article on proper trimming of some of the primary species in the community. Responding to Mayor Hawks, the City Attorney indicated that o resolution specify- ing that anyone trimming trees on public property must be permitted to do so by the City could be done quite quickly and easily. The City Manager then suggested that a resolution be adopted as soon as possible, with an ordinance replacing that resolution to be implemented sometime thereafter. (21) Mayor Hawks submitted the following. (l) Asked about the provisions of HB119 ' passed in the 1997 legislative session, which would allow the creation of a special improvement district for the purpose of acquiring parkland. The City Attorney responded that he has not yet seen a copy of the bill and must u" so before he is prepared to re- spond. (z) Stated that Dr. King' County Health Officer has suggested that the City consider setting three-year staggered terms for its representatives on the City-County Health Board to provide more continuity on that board. He indicated that he will bring back additional information later. (s) Noted a conflict with the parade judging activities scheduled on June ls. He stated the Gallatin County Planning Office has scheduled a sack lunch discussion on aquifer protection. He has brought that conflict to County Commis- sioner 8vry|und's attention; and she will attempt to get the time of that meeting changed. (4) Suggested that the timeline set for reviewing and adopting the final zone code be pub- lished in the newspaper so that the general public is aware of the schedule. (5) An- nounced that he had attended the Tuesday luncheon meeting with a gentleman from Seattle who is in the area for the Mansfield Lectures with economic development issues being the topic of conversation. (0) Acknowledged Emily 3wanson's contributions to the community during her departure from Patagonia on Friday morning. (zz) City Attorney Becker announced that he has been served papers in the oaom Vipperman ,s. the Citv. He noted that this rose which stems from an incident in 1985 has gone through the federal court system and is now going through the state court sys- tem. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Community Yellow Ribbon Welcome Horne Week" - May 27 to June 2, 1991 05-28-yl - 18 - Award bid - manufacturina of tans for garbage collection system for Fiscal Year 1991 -92 - Cope's Forms Management, Bozeman, Montana - 13,800.00 Request for permission to conduct Sweet Pea parade - Saturday, August 3, 10 :00 a.m. Commission Resolution No. 2833 - establishing rates for water charges for the City of Bozeman, effective on the July 1, 1991 billing COMMISSION RESOLUTION NO. 2833 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 2834 - establishing rates for sewer rental charges for the City of Bozeman, effective on the July 1, 1991 billing COMMISSION RESOLUTION NO. 2834 A RESOLUTION OF THE CITY CO +MMISSfON OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR SEWER RENTAL CHARGES FOR THE CITY OF BOZEMAN. Authorize staff to forward fetter to Mr. Billion re zone code compliance at 1919 West Main Street Claims It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Recess - 5:42 p.m. Mayor Hawks declared a recess at 5:42 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 o.m. Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearing - Commission Resolution No. 2832 - setting garbage rates for Fiscal Year 1991-92 This was the time and place set for the public hearing on Commission Resolution No. 2832, entitled: COMMISSION RESOLUTION NO, 2832 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOS- ING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Hawks opened the public hearing. Director of Public Service Phill Forbes presented the staff report. He highlighted 05 -28 -91 -l9- the contents of his May z memo, which set rur0` the basic premises upon which the proposed fees were established. He reminded the Commission that Ordinance No. lzzx es- tablished the volume-based rate system; and this resolution sets forth the fees for this method of assessment. He stated that under Commission Resolution mo, zoaz a base rate assessment of $*8.00 will be assessed to all dwelling units in the city limits on City gar- bage collection system or not serviced by a private hauler. He stated that o sliding scale has been established for multiple units, as set forth in "Schedule A ' u recognizing the efO- cioncles of picking up the garbage for more than one unit in the same location. He in- dicated that this annual base rate assessment will appear in the special improvement dis- trict assessment notices in November of each year' as it has in the past. The Director stated that in addition to the base rate assessment, the City wilt is- sue prepaid tags' which must be affixed to each container or bog for collection. He stated that the standard can uay' which is for a 28- to 33-gallon container, with a weight limit of so pounds, will coat *0 cents, while a mini-can tag' which is for a 19- to 70-ga||on con- tainer. with a weight limit of 20 pounds will cost eS cents. He stated that all garbage placed in residential dumpaters most be cvnta/nerized with the appropriate tag affixed, prior to placement in the dumpuzer. The Director stated that large, bulky items which do not readily fit into o garbage can will be accommodated under this new 9rw8ram, we indicated that one must simply place the item by the garbage cans and affix the appropriate number of 30-pound tags to cover its estimated weight. Director of Public Service Forbes stated that the proposed rates were established after projecting the costs for the upcoming fiscal year. He stated the projected expendi- tures were developed, based on historical costs with a 4-percent inflation rate added. He also noted that he projected a 10-percent decline in the amount of waste disposed in the landfill as a result of this new volume-based rate system. He stated that the projected revenues from these figures will cover the projected expenditures for the upcoming fiscal year, provided all of his assumptions are accurate. Responding to the City Manager the Director indicated that the minimum charge under the present system is $55 per year for an abated assessment and $57 per year for a two-room single living unit on the standard assessment schedule. City Manager Wysocki then noted that the assessment on the November billing will be lower than it has been in past years. He stated that the amount of garbage set out for collection will then determine the cost above and beyond that bane rate; and that provides an incentive for minimizing the amwunt of garbage placed in the waste stream. The Mayor suggested that staff respond to questions from the audience; and that process lasted for approximately one hour. Those asking questions did not always identify VS-28-g1 - 20 - themselves; and only the questions have been highlighted in this portion of the minutes. Questions included the following issues. (1) How can you keep others from putting their garbage in your cans, particularly with alley pickup? (2) Given the extremely high percentage of short-term residents, how does the City propose to police the program? (3) Does the City have an alternative plan if this one doesn't work? (4) When does this vol- ume-based rate system go into effect? (5) Is the garbage going to be weighed to ensure that it does not exceed the maximum weight allowed for the tag affixed? (6) Is this proposed program patterned after another community's program; and, if so, how successful is it in that community? (7) Are there cities in Montana which utilize the volume-based rate system? (8) What if one is not home on garbage collection day to set out the garbage or affix the tag? (9) On what basis was the $40 base assessment rate established? (10) Were any kind of time and motion studies completed to determine the actual fixed costs in- volved prior to establishing the proposed rates? (11) Is it equitable for those on alley pick-ups to pay the same base rate as those with curbside pick-ups, which take more time to service? (12) Will bags containing compost materials need to be tagged under this sys- tem? (13) Why was the base rate set at $40, rather than $25 with a higher per-tag fee? (14) Where will the tags be available for purchase? (15) Can the tag be affixed to the handle of the garbage can? (16) The City increased garbage rates last November. Why is the conversion being made to tags now? (17) How will illegal dumping in clumpsters be monitored? (13) Will the proposed rates generate adequate revenues to cover expendi- tures; or will a shortfall be incurred which must be corrected by increased rates next year? (19) In specific dollars, how will the new rates compare to the assessments paid on my single-family house, duplex and four-plex units? During his responses to the questions raised, the Director suggested that people reduce the risks as much as possible, even where alley pick-ups are conducted. He noted that, if possible, residents may wish to move their cans from the alley pick-up site until the day of garbage collection. He also suggested that the tags be affixed on the day of pick-up to minimize the risks of theft. He noted that the ordinance does contain a pro- vision which makes dumping in another's cans a misdemeanor; however, he noted that the City does need assistance in catching those violators. The Director also responded that the yard waste compostable materials may be set out in marked cans or in bags. He noted that they do not require tags for collection, noting his preference for cans. He stated that when the materials are placed in bags, they must be slit, with the contents being loaded into the truck and the bags set aside for disposal in the landfill. Director of Public Service Forbes stated that the City is attempting to work cooper- atively with others who will be impacted by this new rate structure, including the private 05-28-91 -z1- hauler. He acknowledged that this type of r"nv,rnk,n has its inherent problems; however, he noted that they can be minimized through cooperative efforts. Commissioner Knapp noted that under the schedule for this year's nsscssmonts, a six-room h"v"v was assessed $85.68. she stated that under the new system, the $40 uauo rate plus sz tags' at oo cents each, totals $86.80. She noted, therefore, that if one lives in an average house in Bozeman and pots out one can of garbage per week, the cost of garbage collection will be basically no different than it has been in the past. The Director of Public Service stated that the fee system that has been recommend- ad by staff, the one which is under consideration tonight' was developed after careful de- uarmmabvn of the projected costs for this service. He indicated that the higher base rate and the lower tug rate were determined to be the safest approach to ensure that the City does cover the costs of this service, thus avoiding the potential need to dramatically in- crease costs in future years. Mayor Hawks noted that inequities have occurred under the present system of as- sessment, particularly for the single elderly who have chosen to remain in their large family homes while generating very little garbage. He suggested this system should help to minimize that inequity' with those who generate more garbage paying the higher fees. The public testimony portion of this hearing was then opened with the following comments being submitted for Commission consideration. Mr. Rick Meis, 718 South 12th Avenue, noted that he lives in an area where there are many od|rgn students; and he is concerned about the potential problems that might create. He then stated basic support for the proposed vvtumo-based rate system; bowev- ur he suggested that with the higher base rat"' there remain some inequities' He noted that quick calculations revealed that when factoring in the base rate, the per-can charge for one zn-Qa||un container per week is $2.12 per can, while the charge for three 30-gallon containers per week is $1.16 per can. He 'hen encouraged the Commission to lower the base rate possibly to $zS' and raise the per-tag fee to create a greater incentive for re- duction and generate e more equitable cost. Ms. Mary Vant Hull, 416 East Story Street commended the Commission for taking this step' noting that she had encouraged the previous Commission to oexm this move while she was serving, She noted that the assessment is much more equitable, with larger users paying the higher fees. She acknowledged that there will be problems during the imple- mentation process/ however she feels it is worth that risk. She then noted that public education will be a large factor in ensuring the success of the program, suggesting the possibility of posting the dumpsters with a sign which reflects the penalty for U|yye| dumping. Responding to Mayor Hawks, Ms. Vant Hull suggested that a lower base r=e, poy- 05-28-91 - 22 - sib/y $35 wnvkJ be better than the proposed $wn base rate. Mr' Darrel 8ehrent zoo Lindley Place, ovtua that, while equity is important the most important factor is the overall impact on the community. He expressed concern about the potential for filthy alleys which this new rate structure might create, suggesting that the enforcement mechanism within the ordinance should be carefully reviewed. He noted there are approximately o dwelling units in 4 residential structures, which means o substantial number of multi-family units wiU`/o the city limits. He than expressed concern about establishing the numbers for this program, based on projected cost w,timntrs' He noted that' as an engineer, he views this type of /o=wr from many angles, utilizing as many in-depth studies as possible to ensure his answer is as accurate as possible. Ma. Shannon Kb|dun z|z« North Rouse Avenue, stated support for the volume- based rate system; however, she encouraged the Commission to review the proposed bmoo rate. She noted that lowering the rate will create a greater incentive to reduce the waste stream and give support to those who do reduce by decreasing the costs even further. She then suggested a mailing to all users of the systom, providing information on this new assessment method as well as aetUmB forth other provisions of the ordinance, such as the illegal dumping. Ms. Walden stated that the Bozeman Recycling Coalition is sponsoring periodic one-day recycling drop areas around the community; and they have found trash dumped in with those recyclah|us. She stated that they have gone through that garbage, found some piece by which to identify the offenuer, and called to inform them of that illegal dumping. She then suggested that this type of mechanism could help the City to address and pos- sibly eliminate, some of the illegal dumping which will likely occur as u result of imple- menting this new assessment method. Mr. Bill Merrick, 717 South Tracy Avenue, stated the idea of a volume-based rate system is a good one; hnwover, he finds the system cumbersome. He stated that in the past, he has spent a considerable amount of time picking up trash in the alley and along the street to make it more attractive dumping that trash in his own en. He noted that since he will be required to affix a tag to have that trash collected under this new sys- tem, he may no longer be motivated to continue that clean-up. He also expressed concern that this new method will cause p*vp!* to simply dump their trash in the alleys, thus com- pounding the problem. Mr. Merrick also raised concern about the proposed tag system noting that it could encourage people to either use others' cans or possibly to remove a tag for their own use. He noted there are a lot of people who would rather beat a system than [ive by it; and they will make it extremely difficult for the law-abiding homeowner. He noted that one of the suggestions made is that those with alley pick-ups remove their cans except for col- 05-28-91 - a» - feccion day to minimize the potential for misuse. He stated that his back yard is nicety landscaped; and he is not interested in adding his garbage cans to that scenery. He fur- ther noted that his schedule is flexible; and he does not want to be committed to being in Bozeman on Thursday, which is his regular o^Uecnu^ day, so he can sat the cans out. kJr. Merrick stated that, given the problems which xowm to be inherent with this proposal, he would prefer that City staff work on it a little more before it is implemented. Mayor Hawks responded that the City staff has been working on this proposal for two years. He noted that many different options have been considered during that time and this seems to be the best alternative. He stated the Commission does recognize the risks involved; however, they fee[ that after the initial period' which they realize will be difficult, the process will |ovu| out and become workable. Mr. Darrel Bebrent expressed concern about the difficulty of enforcement, particu- larly for non-property owners. He noted that a property owner can have a lien placed against his property/ however, this community hias a large number of college students who do not own anything of value. He further noted that the population in this community is fluid, completely turning over at the rata of once every five years; and that causes an educational problem. Mr. Marvin Christie, 1120 West Babcock Street, stated support for the Commission's effort to develop a more equitable assessment system for garbage collection; however, he stated he does not fee/ this program is the answer' We noted there are approximately )u ' VVn transient students in the community' only 4 of which live on campus. He noted there may be a penalty section in the ordinance; however, enforcement will be difficult. Mr. Christie state* that he was born and raised in Bozeman; and he tries to be faithful to the City and its proposals. He noted that in this instance however, he feels that too much burden is being placed on the residents to police the program. He then noted that amount of garbage that currently exists amm8 the highways and streets and on vacant lots, noting that this system will compound that problem. Mr. Christie then stated he feels this program deserves a bit more effort before implementation, so that the existing loopholes can hopefully he eliminated. Mr. Harry Ellis, 719 North Ida Avenue, stated he is a member of the ad hoc com- mittee which worked on this proposal. He then stated that' as a negative por,on, he feels that if one auurr,v,s the negatives, the positives will take car= of themselves. He in- dicated that he has owned garbage ou||ecdnn companies in several communities, noting that the automated garbage collection system with containers in the alleys, is much cleaner and makes the community more attractive any any other system. He then expressed concern that there are no poup/a representing young families in attendance at this meeting; and they are the ones who will be most impacted by this new rate system. - Zo - Mr. Ellis t»co encouraged the Commission to consider the automated garbage col- lection system. He also expressed concern that this volume-based rate system is "opening a can of worms." Mrs. Esther Barr *08 North 21st Avenue, stated support for creating a more equi- table assessment systrm. She expressed concern, however, that this method' of assessment could create a health problem because people will store their garbage longer rather than setting out a partial container each week. She also noted that such storage could also create some real odor problems. Mayor Hawks reminded those in attendance that this public hearing is to address the rates set forth in the subject Resolution, encouraging those testifying to limit their comments to that issue. He noted that this volume-based rate system provides incentives for garbage reduction, which in turn extends the life of the landfill. City Manager Wysocki expanded on the issue of extending the |ih: of the landfill, noting the costs which the City will continue to incur even after the landfill is closed. He also noted that it will take at least five years to open a new landfill; and its location will not be nearly so convenient as the current landfill site. He stated that will result in ad- ,ditiono| equipment costs since transferring the garbage from e collection truck to = large transport truck will be required with a now landfill location. Mayor e^www rioted that the garbage collection system in Bozeman has been a good one for many people; however it is imperative that the City address the impending issues, as mentioned by the City Manager. He than stated that this new system will require coop- eration by all parties involved to ensure its success. Commissioner Swanson stated that the City is retaining a public relations and ad- vertising professional to assist in the educational campaign for this now program. He sug- gested that the dissemination of information should help to alleviate some of the potential problems that o^u|W be incurred during the conversion process. Commissioner Knapp noted that during the development of this program, the City addressed the issues of reducing the waste stream which will in turn extend the life of the landfill and thus n:dvcw the costs to the City and all of its residents. She then noted that there is almost an equal split between oUoy and curbside pick-ups. She then recog- nized that this proposed system in not perfect; however, it is a step toward protecting the landfill as much as possible. Mr. Darrel Bohrent noted that a landfill is a garbage storage area rather than a disposal system. He noted that rather than storing garbage' the City should look at al- ternatives for reduction and alternatives for disposal. He them encouraged the Commission to divert its energies to getting rid of the garbage instead' of storing it. Mr. 8i|| Merrick noted that reduction of the waste stream is important; however, he ne-Z8-ol -a5- stated that a cleaner community is even more important, The Mayor responded that the City plans to retain its spring and fall alley dean-up campaigns. He then suggested it may be necessary to modify that program to include a community-wide clean-up campaign to ensure that all of the garbage is removed rather than being allowed to pile up, Commissioner Swanson noted that McDonald's has set a goal of eliminating oo percent of the garbage it creates. He then noted that this is the important first step in garbage reduction. Mr. Marvin Christie encouraged the City to include civic organizations in the edu- cational campaign' noting that it may be helpful to make them aware of the various aspects of the new program. He also noted it is important to educate the young people about the new program, since they are the ones that will be ,sing it for many years. Mayor Hawks dosed the public hearing' Commissioner Swanson asked about the possibility of having staff develop figures reflecting a $]o base rate and a $3S base rate in response to suggestions received during the public hearing. He suggested that could provide a better basis upon which to make a decision. The City Manager reminded the Commissioners that the tags for this system most be printed starting tomorrow if it is to be implemented on July I. Commissioner onehrung stated he is sympathetic with the concerns which have been raised tonight. He noted that at the present time' the viable and practical options for hand/ing recyclable materials are limited; however, he suggested that problem should be alleviated in the next year. He then announced a one-day recycling program to be held on June 1 suggesting it may be necessary to repeat those one-day opportunities for re- cycling to decrease the potential for illegal dumping. Commissioner Ooohrung then stated support for this proposed volume-based rate system, noting that it a]/mms individuals to take the initiative and responsibility for the garbage generated. He noted that the hauo rate may be higher than many individuals would like to see; however, this is a process which must be implemented through steps. He suggested that next year, it may be possible to fowor the base rate and increase the mq fees, after the program has been implemented and the amount of reduction is known. Commissioner Swanson noted that some people voluntarily clean up Bozeman on o regular basis suggesting that some mechanism be established to a|/ow them to continue do- ing yu without having to buy extra taQo. He then noted that many questions have been raised about the enforcement mechanism that is to he utilized. He then asked that staff develop a plan which reflects how a call regarding a violation will be routed and handled, and who will be responsible for the follow-up prqccos. He noted that if the public begins - zn - to sense that the City is not enforcing, or cannot enforce, the provisions of the ordi- nance, it will incur even more problems. The City Manager suggested that writing a letter to the individual whose garbage was in the wrong garbage container could help to alleviate some of the prnmcxm rather quickly. City Attorney Becher stated that violations of this ordinance are no different from any other crime committed in the city |imits. He then stated it is important to catch one in the act of illegally dumping the garbage; and that will require citizen participation. Commissioner Knapp stated support for proceeding with the volume-based rate sys- tem as proposed, noting it can be reviewed after one year. She mated she feels the pro- jected expenditures are as accurate as possible; and she recognizes that this is only the beginning of the process. Mayor Hawks equated this new program to the new zone code, noting that to imple- ment the program and then review it after one year to determine its faults, is probably the most effective way to establish it. He stated that he feels this proposal is well thought out and provides a good beginning step. The Mayor then stated that the City cannot implement all of the changes that are necessary to make the system operate at maximum efficiency; and hopefully a successful recycling program will he the next step, Commissioner Cnehrvng noted that this new program will change the way solid wastes have been handled for the past forty years; and that process will not be easy. He noted that the economic incentives created under this system should help people under- stand the need to review no*'a procedures in an attempt to reduce the garbage and thus the attendant costs. Commissioner Goehrung then thanked the City staff--particularly Director of Public Service Forbes. Assistant to the City manager Brey and Administrative Services Director Camradt—as well as the ad hoc committee for their work on putting this program together. He also thanked his fe||nm Commissioners for their responsiveness and willingness to move forward with this program' Commissioner Swanson thanked Commissioner Qoubrung for his commitment to this issue and the guidance he has provided. Responding to Mayor Hawks, City Attorney Becker stated that the most difficult step in enforcement will be to make the initial case. He noted that vnmo it is in the court system, it generally will not become a problem. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission finally adopt Commission Resolution No- 2832 setting garbage rates for Fiscal Year 1991-92. The motion carried by the following Aye and No vote: those voting Aye 05-28-9/ -z7- A djournment being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. There being no further business to come before the Commission at this time it was moved by Commissioner Knapp' seconded by Commissioner Gouhrung that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Gnohrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No none.