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HomeMy WebLinkAbout08-13-07_Approve Resolution No_ 4055, Intent to include the_4Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Debbie Arkell Director of Public Services Chris Kukulski City Manager SUBJECT Resolution No 4055 A Resolution ofthe City Commission ofthe City of Bozeman Montana concurring with Gallatin County Commission Resolution No 2007 089 A Resolution f Intent to Include the Cities of Belgrade Montana and Bozeman Montana into the Gallatin Solid Waste Management District with proposed date amendments with the stipulation that condition no 2 ofthe lnterlocal Agreement to Expand the Gallatin Solid Waste Management District to Include the City of Bozeman be fulfilled prior to the City of Bozeman becoming an official member of the Gallatin Solid Waste Management District MEETING DATE August 13 2007 CONSENT AGENDA BACKGROUND On March 26 2007 the City Commission authorized the City manager to sign an lnterlocal Agreement to Expand the Gallatin Solid Waste Management District to include the City of Bozeman and directed staff to follow the process set forth in Sections 7 13w205 through 7w13 212 MeA to officially join the Gallatin Solid Waste management District once the Agreement was signed by all parties The Gallatin County Commission accepted the lnterlocal Agreement in April 2007 City and County staffhave since been working to complete the actions required by MCA All issues discussed in the Interlocal Agreement have been addressed with the exception of condition no 2 of the lnterlocal Agreement which states the City and County Attorneys shall reach an agreement on language protecting the City of Bozeman from any liability regarding the known pollution at the Logan Landfill as of the date of the City becoming a part of the District The City Attorney has been in contact with the County Attorney on this issue and is awaiting a response from the County Attorney 15 Commission Memorandum Resolution No 4055 August 13 2007 Page 2 On July 31 2007 the Gallatin County Commission unanimously passed County Resolution No 2007 089 being a Resolution ofIntent to include the Cities of Belgrade and Bozeman into the Gallatin Solid Waste management District The passage of this Resolution of Intent by the County Commission is the first of many steps required by Montana Codes Annotated that must occur before the City ofBozeman can become a member of the Gallatin Solid Waste Management District The Gallatin County Commission will consider an amendment to the Resolution to change the publication date of the Resolution change the date protests must be received by and change the hearing date with all dates being moved one week ahead This amendment is necessary because the County Commission will not be meeting on September 11 2007 due to elections RECOMMENDATION That the Commission adopt Resolution No 4055 concurring with Gallatin County Commission Resolution No 2007 089 A Resolution ofIntent to include the Cities qfBelgrade Montana and Bozeman Montana into the Gallatin Solid Waste management District with proposed date amendments and with the stipulation that condition no 2 of the Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include the City ofBozeman be fulfilled prior to the City of Bozeman becoming an official member ofthe Gallatin Solid Waste Management District FISCAL EFFECTS No immediate fiscal effects Per the Interlocal Agreement 1 The City will close its current landfill operations by June 30 2008 unless authorized by the District to remain open beyond that date The closing of the landfill will eliminate solid waste disposal division landfill operation costs 2 Once the City becomes a member ofthe District the District will make Headwater Recycling payments and once the current airspace at the City s landfill is utilized all costs associated with existing recycling services will be the responsibility ofthe District which will reduce solid waste recycling division costs 3 Once the City closes its existing landfill or no later than June 30 2008 the City and District will negotiate a long term agreement to have the District pay for the operational costs of operating and maintaining the City s Convenience and Household Hazardous Waste Station This will reduce the solid waste disposal and or collection division operation costs 16 Commission Memorandum Resolution No 4055 August 13 2007 Page 3 ALTERNA TIVES As suggested by the City Commission Respectfully submitted Chris A Kukulski City Manager Attachments Resolution No 4055 County Commission Resolution No 2007 089 Cc Steve Johnson Solid Waste Superintendent Dustin Johnson P E Staff Engineer Larry Watson County Grants Coordinator Earl Mathers CEO Gallatin County Bruce Hanson Chair Gallatin Solid Waste management District DPS File 546 Report compiled on August 8 2007 17 COMMISSION RESOLUTION NO 4055 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA CONCURRING WITH GALLATIN COUNTY COMMISSION RESOLUTION NO 2007 089 A RESOLUTION OF INTENT TO INCLUDE THE CITIES OF BELGRADE MONTANA AND BOZEMAN MONTANA INTO THE GALLA TIN SOLID WASTE MANAGEMENT DISTRICT WITH PROPOSED DATE AMENDMENTS WHEREAS the Gallatin County Commission unanimously passed County Resolution No 2007 089 on July 31 2007 attached hereto being a Resolution of Intent to include the Cities of Belgrade Montana and Bozeman Montana into the Gallatin Solid Waste Management District and WHEREAS the Gallatin County Commission will consider an amendment to said County Resolution No 2007 089 on August 14 2007 to change the publication date of the Notice of Intent from August 15 to August 22 2007 to change the date protests must be received by from September 5 to September 12 2007 and the hearing date to consider final passage of the Resolution from September 11 to September 18 2007 to reflectthe fact that no County Commission meeting will occur on September 11 2007 with no other amendments to said Resolution proposed and WHEREAS the Bozeman City Commission finds that it is in the best interests of the City of Bozeman to join said Gallatin Solid Waste Management District NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman that the Bozeman City Commission hereby concurs with County Resolution No 2007 089 A Resolution of Intent to Include the Cities of Belgrade Montana and Bozeman Montana into the Gallatin Solid Waste Management District with proposed date amendments City Commission Resolution No 4055 1 18 PASSED AND ADOPTED by the City Commission ofthe City of Bozeman Montana at a regular session thereof held on the 13th of August 2007 JEFFREY K KRAUSS Mayor ATTEST City Clerk APPROVED AS TO FORM PAUL J LUWE City Attorney City Commission Resolution No 4055 219 AUG 01 2007 WED 04 58 PM GLTN CNTY COMMISNRS FAX NO 4065823003 p 02 RESOLUTION 2001 mlL A RESOLUTION OF INTENTTO INCLUDE THE CITIES OF BELGRADE MONTANA AND DOZEMAN MONTANAINTOTHEGALLATINSOLIDWASTEMANAGEMENTDISTRICT This Resolution was iutrodlWOd byGrants Administrator any Watson moved byCommissionerWhiuandsecondedbyCommissionerSkinnerTheResolutionwasadoptedunanimouslYCoTlllllisdonerIlurQOCkwasexcused WHEREAS the improper storage collection and disposal of solid waste presents asignificanthazardtothehealthsafetyandwelfareofthecitizensofGallatinCountyBelgradeanclBozemanand WHEREAS the GlUlatin County Board of County Commiicmcrs adopted Resolution2003054aResolutionCreatingtheGallatinCountySolidWasteDistrictDistrictcreatingtheDistrictonMay201b2003and WHEREAS at the time ofcreation ofthe District the cities ofBelgrade and Bozeman didnotjointheDistrictand WHEREASt the District the County and the cities of Belgrade and Bozeman wish tocollabor8feOndisposalofallsolidwastegeneratedbythecitizofGallatinCountyand WHEREAS to further that oollaboration the District the County and the cities ofBelgradeandBozumrecognizethemostefficientmethodformanagingallsolidwastegeneratedinGallatinCountyistoincludeallmunicipalitiesinGallatinCountywithintheDistrictand WHEREAS Belgrade and Bozeman have now expresse4 adesire tojoin the District and WHEREAS the Disbict the County and the cities of Belgrade and Bomman alsorecognizetheneedtocoordinateeffortstowatdn1raditionalmethodsofcollectionanddisposalofsolidwastesuchasrecyclingandcompostingand WHEREAS the Cities ofBelgrade and Bozenum GallMin County and the District wi htoincludemecitiesofBelgradeandBo7Am18IlintothecurrentDistrictanddonotwishtocreate anew entity WHEREAS the City of Bozeman Gallatin County and the District entered into anIn1erlocalAgreementthatdescribestheresponsibilitiesofthepartiesshouldtheCityofBozemanUpwlcompletionoftheprocessrequiredbyTitle7Chapter13Part2MeAbecomepartoftheDistrictand J RESOLUTION or INTENT TO INCLUDE THE elmsOF BELGRADE MONTANA AND BOZEMAN MONTANAMOmEGALLATINSOLIDWASTEMANAGEMENTDISTRICT Pa I c f4 20 AUG 01 2007 WED 04 59 PM GLTN CNTY COMMISNRS FAX NO 4065823003 p 03 WHEREAS the City of 8elgrade Gallatin County and the District entered into an Interlocal Agreement that describes the responsibilities of the parties should the City of Belgrade upon completion of the process required by Title 1 Chapter 13 Part 2 MCA become part ofthe District NOW THEREFORE BE IT RESOLVED 1 The name of the proposed expanded district shall continue to be the Oallatin County Solid Waste M8D8gement Distrid 2 The necessity for the proposed expanded district is a To provide structured management of current Gallatin COlmty Landfill 1 Logan and future Solid Waste Management Systems in the proposed expanded district and b To continue to provide for a distinct entity under Monnma law which has financial revenue and debt resources to properly carry out waste management duties and responsibilities and c To provide an opportunity to perform non traditional methods of collection and disposal ofsolid waste in the district such as recycling and composting 3 A general description of the tenitory orlands ofthe proposed expanded district and giving the boundaries ofthe proposed district is all ofGallatin County except the West Yellowstone Hebgen Basin Waste Management District with West Yellowstone Hebgen Basin District being generally described as having the boundaries of School District 69 in the southern one1bird ofGallatin County 4 The general characteri1iC ofthe eollection services are 1 The operation ofa Solid Waste Management System at Gallatin CoUDty Landfill 1 Logan and any otherappropriate l and 2 to create additiOJUd residential and commercial collection services within the District 5 The proposedfee to be charged is no fee per family residmwu unit However the District shall genemte revenue by cbaIJing a tipping fee ofno more than 36 00 per ton for group II ARM 1740 c01 unrt rli rl t tlwo r lhllfiTl ntvT RnlIflll 111 T olJAn of Anv ntherl3UllYJlJIWllloYUIlIoAMoJwuUMaOMIJONOl according to law Disposal aud recycling fees for other types ofwaste shall be determined in accordance with law 6 The powers ofthe board as required by 7 13 204 2 t MeA are A Finaooial PQWWfl With theadvice JlQd IIpproval ofthe Gal Co Commission the board may exercise the following powen A RSSOLUTION OF INTENT 10INCLUDE THE crrms OF BELOtcADE MONTANA ANP POZEMAN MONTANA INTO THE GAolLATIN SOLID WASTE MANAGEMENT PImtICT Ps 2ot4 21 AUG 01 2007 WED 05 00 PM GLTN CNTY COMMISNRS FAX NO 4065823003 p 04 Receive gifts grants or douations or C4uite by gift deed or purchase land necessary for the implementation of any provision of Title 76 Chapter 10 Part 1 MeA 2007 2 Apply fot and utili2e state federal or other available money for developing or operating a solid waste J1Jm ent system 3 BOITOw funds from any lending agency available to assist in planning a solid waste maaagement system 4 Sell or lease to any person or entity all or a portion ofa solid waste management system that the Board plans agns or collStluOtSfor so long as any such contract or lease ISCODS1Stent Wlm tll8 Ienaet S loan reqmrementsjSMttrtpSeorencumberalloranypotionofasolid waste management system so long as any such mortgage or encumbrance is consistent with the lender s loan requirements 6 Hold or dispose of real property and subject to any lease agreements develop or alter real property by improvements that enhance the value and usefulness ofthe real property 7 Finance design own coDStruct and operate a solid waste 1118Il8gement system 8 Contract 10 market all raw or processed materials recovered from solid waste and matket energy products resulting from pnxein8 orutilizing solid waste and Q TTtiH7P lfIVfllI1nl lhnnnlillulIM hy thlfdty nr 1011 0 01hy fee lrwiM hy tM dimrict 10 finance an area wide solid waste management system B Other powers TheBoard may exercise the following powers I Employ personnel to carry out the provisions of TItle 76 Chapter 10 Part 1 MeA 2007 2 rent or execute leasing agreements for equipment and material necessary for the implementation ofa soUd waste mtmagement system and 1 t5laDllSD UJC nour oropcnmon OJ me uauann LOunty Lmarull10 I nJO ana for any other facility or site utilized by the district for the disposal of waste or the recycling ofwaste C The Board ball follow Gallatin CollDty a personnel and contracting polMes and procedures 7 That fOt 21 twenty one days following the first publication ofpas Q oflhis Resolution any person within the boundaries of the proposed District may protest the inclusion of JloI Do into Oiowrilt tc i7 1 O MeITo Wit be made within 21 twenty one days offint pubUcation of this notice on Ausuat 2007 In order to be valid protests must be received by the Galla1in County Clerk and Recorders Office 311 W Main St BolCm MT 59715 no laer than 500 pm on Setember s 2007 AllESOWTION OF INTENT TO INCLUDITHECITIES OF BHWKAD MONTANA ANU lJlWMAN MONTANA INTO THE GALLATIN SOLID WASTE MANAGJMiNTDISTRlCT p3 of4 22 AUG 01 2007 WED 05 00 PM GLTN CNTY COMMISNRS FAX NO 4065823003 p 05 8 The Oallatin County Cnynmll1Soners have set me following date aud lime to hear and pass UpOn protests Se umb r H t t2007 at 9 00 amin the Community Room of the Gallatin Comty Courchouse 311 West Main Bozeman MT 5971 S 9 This Resolution of Intention shall be placed on file with the Gallatin County Clerk and Recorder Dated this 31st day of July 2007 GALLATIN COUNTY COMMISSION Joe DAm M 7 ATrEST fJ 7Mb Charlotte Mills Clerk Recorder DAm A RESOLUTION OF INTENT TO INCLUDE TfE CITIES OF 8BLGRADE MONTANA AND BOZEMAN MONTANA INTO OALLAtlN SOLID WASTIl MANAGEMENT DISTRICT PJ 4 f4 23