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HomeMy WebLinkAbout2004-07-21 Minutes, City Commission, WORK MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 21, 2004 ***************************** The Commission of the City of Bozeman met in special session with the County Commissioners in the Community Room of the Courthouse, 311 West Main Street, at 7:00 a.m. on Wednesday, July 21, 2004. Present from the City were Commissioner Jeff Krauss, Commissioner Marcia Youngman Commissioner Steve Kirchhoff, Acting City Manager Ron Brey and Clerk of the Commission Robin Sullivan. Present from the County were County Commission Chair John Vincent and County Commissioner Bill Murdock. Mayor Andrew Cetraro, Commissioner Lee Hietala and County Commissioner Jennifer Smith Mitchell were absent. Informal work session with County Commissioners The breakfast meeting was called to order at 7:10 a.m. by County Commissioner Bill Murdock. Presentation to City Commission by County Commission. County Commissioner Bill Murdock presented the City Commission with a plaque thanking the City of Bozeman and reading in part "for your generosity in allowing us the use of your facilities during our construction. Your spirit of cooperation was greatly appreciated!" He noted that the County used the Commission Room at City Hall extensively from January 2002 through July 2003, when the Courthouse was undergoing its renovations; and it is still using the room occasionally. He acknowledged that their meetings resulted in additional traffic and noise and thanked City employees for putting up with those disruptions. County Commission Chair John Vincent encouraged the City to avail themselves of the ability to use the Community Room whenever it is anticipated the Commission Room will not accommodate the audience. Transfer of Development Rights - Update and discussion. County Commissioner Bill Murdock stated that the County has entered into a contract to begin the process of drafting a regulation that allows for the transfer of development rights from the county to the donut or from the donut to other parts of the county. He indicated that, if the City chooses to participate in this program, the regulation can also outline a program under which the City can transfer development rights to other parts of the county and vice versa. County Planning Director Jennifer Madgic indicated a feasibility committee has been formed to undertake an intense study and looking at a variety of options, after which it is to make a presentation. She noted that educational outreach meetings will be scheduled probably in October to show how the program will work before proceeding to the drafting of regulations. County Commissioner Murdock stressed that this program can move forward without the City of Bozeman's participation, but he feels that creating a harder edge between the city and the county is preferable and will help to maintain the attractiveness of this valley. He expressed a willingness, in concept, to look at using County monies to help offset the costs of infrastructure as a program incentive. Also, in concept, he's willing to review the interlocal agreement to ensure the implementation of this program. Ms. JP Pomnichowski stated she feels there are many ways in which the City may be able to participate that would benefit everyone, stressing this does not have to be an "all or nothing" issue. She then noted that many of the objectives in the City's Bozeman 2020 Community Plan and those expressed by the TOR committee are the same or very close. Responding to County Commissioner Murdock, Commissioner Kirchhoff encouraged the County to proceed with this program, keeping the City involved in it. 07 -21-04 Special ----- ------.-- -----... - 2 - 9-1-1 Funding. County Commissioner Bill Murdock noted the City has added monies for this program to fund additional capital needs; and the County has matched that commitment. Acting City Manager Brey noted that the additional capital monies will help to upgrade the system to an E911 system under which cell phone calls can be located. He cautioned that these costs are creating hard hits on the general funds of both the City and the County; and the Administrative Board is recommending to both Commissions that a mill levy to cover funding at its current level be placed on the ballot. He noted the one admonition from the Administrative Board is that both the City and the County continue to commit the current funding level for public safety services, rather than directing it to other purposes. County Commissioner Murdock indicated that at next Tuesday's meeting, the County Commission will consider placing a county-wide mill levy on the November ballot. He noted that passage of the mill levy will generate approximately $700,000 annually; and those monies that were previously committed to the 9-1-1 services could go a long way toward funding operations of a new jail. He stated the County is currently exploring options for a new jail that do not involve a bond issue. Acting City Manager Brey noted that a voted mill levy would address many of the quality and fairness issues that exist with the current assessment system. Park master plan (interlacal agreement). County Commissioner Bill Murdock stated the task force made its report to the County Commission yesterday. He noted they made four recommendations, the first one being the creation of a countywide board of park commissioners. He stated that, within the next month, the County will begin advertising for that board and will ask every incorporated community to appoint a representative to that board. He stressed that this action will have no tax implications and will not affect current management of parks and open spaces. County Commissioner Murdock noted that the board would then address the next three recommendations, which include possible formation of a park district, identification of the method of assessment for that district, and possible preparation of an interlocal agreement with the City for its crews to maintain certain parks, such as the 100-acre regional park, and trails. Mr. Mike Harris noted the County still has a big issue with what parks it owns and where they are located, and what open space has been created, where it is located and who uses it. As a result, one of the first steps is to inventory and map those areas. The next step is to identify ways for the various municipalities and county to work together to share services in developing and maintaining those areas. Sewer Treatment Plant. Mr. Clinton Cain distributed an information packet on his proposal, after which he posted a map of the subdivisions in the county around Bozeman and Belgrade. He noted that most of those subdivisions are on individual septic systems or some type of treating system. Because of his concerns about the negative impacts those systems will have on the valley in upcoming years, he approached Stahly Engineering about helping him develop an alternative method of addressing sewer treatment issues. Three of the employees of that firm donated 40 to 50 hours each to helping him develop this proposal to generate electricity from methane gas resulting from the treatment of human waste and hydropower from treating human waste. Mr. Cain noted that the elevation difference between Bozeman and Belgrade is 500 feet, and between the Broken Hart Ranch and Belgrade that difference is 640 feet. Also, the difference between Kountz Mobile Home Park and Four Corners is 140 feet. This allows for gravity flow from all of those areas to a regional treatment facility located at Belgrade. The City of Bozeman's Wastewater Treatment Plant is currently putting out 3,500 gallons of sewage per minute and that sewage, combined with other sewage could generate 350 to 400 kw of electricity, with the methane gas generating about 100 kw through generators. He noted that the Belgrade plant uses approximately 500 kwof power per year, at an estimated cost of $180,000. Mr. Cain noted it had been his intent to create a pond for the new sewer plant so the water is not put back into the East Gallatin River; however, the federal government will not allow a pond or lake within a five mile radius of the airport. His new proposal is to run approximately half of the water into a ditch for use by area farmers with the other half being dumped back into the East Gallatin River. 07-21-04 Special -----.-..-----.. - 3 - Mr. Cain estimated the costs of the plant to accommodate a population of 160,000 at $27 million. He also estimated the costs of running pipe from the Broken Hart Ranch to Belgrade and from Bozeman to Belgrade at $4 million each, based on today's prices, for a total of $35 million for the entire project. Responding to County Commissioner Bill Murdock, Mr. Cain stated no other place in the country is pursuing this type of project. He noted, however, that he has been involved in hydroelectric power projects and knows how they work. Responding to cautions from County Commission Chair John Vincent that statutory changes may be needed to allow this type of project, Mr. Cain noted this proposal involves the use of treated wastewater, on which no entity currently holds rights. Further, he indicated there is no prohibition on generation of electricity, and the law says that PP&L or NorthWestern Energy has to buy any excess energy generated and not used. Commissioner Krauss noted that the City of Great Falls is looking at the possibility of building a generating plan and is not looking for a statutory change so do so. He then stated that a co-operative or a non-profit organization can be created to run a utility under existing statutes. County Commissioner Murdock noted he's intrigued by this "mad scientist idea". He then noted that Mr. Cain will be asking for monies to conduct a small feasibility study. Mr. Cain voiced his hope that the environmental community will wish to become involved in this project. He then indicated that he will ask the County, the City of Belgrade and the City of Bozeman to each contribute $6,500 toward the feasibility study. He then noted that if those subdivisions installing individual treatment systems would spend those monies on piping to Belgrade instead, the result would benefit the entire valley and not just that specific subdivision. County Commission Chair John Vincent recognized it is inevitable that this portion of the valley will be on central sewer at some point; and he finds this proposal rather interesting. Fairgrounds planning. Ms. Melissa Todd, spokesperson for the Northeast Neighborhood Association (NENA) distributed a written statement of issues and concerns regarding proposed development at the Fairgrounds. She noted that neighbors in the area are concerned about the proposal for an amphitheater at the Fairgrounds, noting the issue involves both the City and the County. She stated that on April 1 , fifteen neighbors gathered to air concerns and identify questions, which they submitted to the Fair Board. Responses to those questions were sUbsequently submitted at a meeting of the Fair Board held on June 9, but the neighbors feel that process and the responses are inadequate. As a result of their concerns and frustrations, the neighbors are requesting the following: 1. A more formalized collaboration between the City and County Commissioners on all issues regarding the Fairgrounds. 2. The County officials to hold public review of changes to the Fairgrounds Master Plan on a consistent basis, and to ensure that the guidelines established in the plan are strictly abided by. The residents expect a needs assessment, an impact statement and public review of all phases of development of the Fairgrounds projects, including the amphitheater project. 3. County Commissioners must enforce the legal requirement that the Fair Board and Foundation Boards publish a detailed agenda prior to meetings and that minutes be available to the public in a timely manner. 4. A second special Fair Board meeting for continued dialogue regarding plans for the amphitheater, facilitated by an impartial community mediator to ensure a productive and unbiased sharing of public input. 5. That the City Commission not grant an exemption to the noise ordinance for the Fairgrounds and that County officials respect the same requirements that their immediate neighbors are obligated to follow. 07 -21-04 Special ..--.--.--..-.-.-..-...-..--.-- . n__._ .. - 4 - 6. That the County Commissioners mandate that the Fair Board post an RFP for the amphitheater construction project so that other companies may compete to provide services for these public lands. Ms. Todd stated she feels there has not been constructive dialogue between the neighbors and Fair Board to date. She also asked that the City Commission and County Commission be represented at upcoming meetings to avoid a duplication of efforts. Ms. Todd noted that City residents currently subsidize the services provided for activities held at the Fairgrounds and suggested that the County be encouraged to bear those costs. She also asked that the requested exemption to the noise ordinance for the Fairgrounds not be placed back on the agenda for a period of time. Further, she questioned the need to construct an amphitheater at the Fairgrounds when one is being constructed at the regional park. Mr. Blair Howze, Fair Board, responded to some of the issues and concerns raised, stressing that the amphitheater project is being considered because Bravo Entertainment came forward with a proposal and offer of donation for an amphitheater. He noted they wish to locate the facility in Bozeman, where the customer base is located. He indicated that there is currently a bandshell in the Haynes Pavilion, and events are sometimes held in the indoor arena. He suggested that an appropriately constructed amphitheater, with adequate sound berms and landscaping, would be preferable to a raised stage and amplification. He stressed that, at the present time, the Fair Board is simply studying the issue, not proceeding with the construction of an amphitheater. Ms. Becky Robideaux stated that, as a community member, she attended the Fair Board meeting. She suggested that, with mediated communication, she feels many of the issues and concerns on both sides can be addressed. She then noted that she worked on an alcohol control safety plan with the vendor of the beer garden for the Warped Tour this year, and found that with communication and cooperation, the situation improved. Mr. Howze stated the Fair Board realizes one meeting won't resolve all of the outstanding issues. He then noted that they have attempted to contact the Community Mediation Center to see if they can assist in this process. Mr. Eric Szemes noted that mediation cost money, and the neighborhood group has no monies to cover those costs. He then noted that a lot of discussion has focused on noise; however, traffic is probably the overriding concern, particularly from an event that attracts 6,000 people. He concluded by stating that the neighborhood feels design should be the first phase of any project, and that they should be given an opportunity to comment on that design before proceeding to the next step. Commissioner Youngman briefly highlighted the City's informal review process for development proposals, and suggested a similar process could be beneficial in this situation. She suggested that the City's mediated land use process could easily be used, and indicated her willingness to assist in offsetting those costs. She then suggested that the Fair Board consider the costs to the City, in terms of services provided, for the various events it holds at the Fairgrounds, particularly since they don't reimburse the City for any of those costs. County Commission Chair John Vincent noted that, as a former resident in this part of the community, he is especially sensitive to the impacts of a large scale event on the neighborhood; and in his mind, the sanctity and quality of the neighborhood comes first. He stressed that communication is the key to resolving the issues that have been raised. County Commissioner Murdock asked Mr. Howze to take back to the Fair Board the fact that this group likes the idea of using CMC to mediate meetings with the neighborhood and the observation that it appears the Fair Board is not as open and receptive to neighborhood concerns as it should be. He then indicated that he does not completely agree with his fellow Commissioner's comments. He noted that the Fairgrounds has been in its present location for many years-long before any of the current residents moved there. He is, however, supportive of the neighborhood's concerns about noise and traffic that seem to revolve around the proposed amphitheater and recognizes that the Fairgrounds needs to be a good neighbor. He observed that, for the most part, the Fairgrounds does seem to be a good neighbor, hosting many events that do not result in concerns or protests from the residents; rather, it appears the amphitheater has become the "hot button issue." 07 -21-04 Special - .--....------...--- ---------.- - 5 - Neighborhood Coordinator Tracy Oulman noted it seems both groups are asking to have a process established, with points where folks can plug into the process being identified. She feels that such a step may help to alleviate many of the concerns that have been expressed. Miscellaneous. Mass transit questionnaire. Responding to Commissioner Kirchhoff, County Commission Chair John Vincent stated he is not willing to release the questionnaire until one question is added that directly measures support for GalaVan, and whether one would be more likely to vote for a public transit system if assured the GalaVan services would not be negatively impacted. He stated one member of the task force is unwilling to add that question and; until it is added, he will not release it. The County Commissioners thanked the City Commissioners for attending this meeting. Adjournment. 8:25 a.m. There being no further bu!?iness to come before the Commissions at this time, the meeting was adjourned. AN ATTEST: ~../~ R BIN L. SULLIVAN Clerk of the Commission 07 -21-04 Special