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HomeMy WebLinkAbout1995-02-13 ccmWORK - -- MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 13, 1995 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, February 13, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff (until 5:00 p.m.), Commissioner Stueck, Commissioner Frost, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Work Session - (A) Settina of goals for Fiscal Year 1995-1996; (B) Staff cresentation re reauest for dumcing of sectage at WWTP Setting of goals for Fiscal Year 1995-1996. Included in the Commissioners' packets was a listing of the goals submitted by each of the Commissioners. . City Attorney Luwe noted that a memo from the City Manager was distributed just prior to the meeting. He highlighted that memo, noting the City Manager is in Helena to testify on a bill which was forwarded by the City and is, therefore, not in attendance at this meeting. The City Manager has requested that the Commission begin its discussion on goals today, in anticipation of possibly completing the process during a work session on February 27. Commissioner Frost stated that he and Commissioner Youngman have compiled two lists which combine those goals which it appears can be appropriately combined, reducing the number of goals to be considered from 31 down to 18. He noted that this information was delivered to each of the Commissioners last evening so they had an opportunity to review it prior to today's meeting. Each of the Commissioners reviewed the goals which they had submitted, clarifying . and expanding on their written goals. Following that review, City Attorney Luwe asked the Commissioners to review the list of 18 goals forwarded by Commissioner Youngman and forward any proposed revisions, consolidations or additions to the Clerk of the Commission this week so they can be incorporated in the document from which the Commissioners will establish their priorities. 02-13-95 - 2 - Concern was expressed over consolidating too many issues into one goal, which would become too massive to attack on either a short-term or long-term basis. The Commissioners determined that the next step will be to set priorities at the February 27 meeting, understanding that determining which are long-term and which are short- . term goals is an issue that does not need to be addressed at this time. Staff presentation re request for dumping of septage at Waste Water Treatment Plant. Included in the Commissioners' packets was a memo from Director of Public Service Forbes, dated February 9, forwarding information on this issue. Director of Public Service Forbes reminded the Commission that this presentation is In response to a letter from County Health Officer Jackie Stonnell to Don Noyes, Superintendent of the Waste Water Treatment Plant, received in November 1994, requesting that the City allow dumping of septage at the plant. He noted the first question to be addressed is whether the City could or should consider allowing final disposal of septage pumped from septic tanks at its plant. He stated that City Engineer Craig Brawner and Waste Water Treatment Plant Superintendent Don Noyes are present to address this issue. . City Engineer Brawner gave the staff presentation. He stated that the EPA's 503 Biosolids Rule does impact both the City operations and septic pumper operations; however, those impacts are not as dramatic as originally anticipated. He suggested that, with some revisions in their record keeping, septic pumpers will probably be able to continue land application under the 503 regulations. He stated that the City's sludge must abide by much more stringent rules, noting that it is well within those parameters at this time. The City Engineer stated that septage is much more concentrated and has a substantially greater impact on the plant than the sewage which reaches the plant through the collection lines. He noted that, because of the high concentrations of certain elements, septage will have a significant impact on the plant, using a disproportionately large portion of its capacity for treatment, typically 55 to 80 times the impacts of sewage. He cautioned that the . septage may not be dumped directly into the plant, rather construction of a dumping station, at an estimated cost of $250,000, would be necessary. The City Engineer stated that under the City's MPDES permit, a minimum of 85 percent of the waste must be removed before the effluent can be discharged into the river. The plant is currently operating at a much greater efficiency, removing 98 percent; however, 02-13-95 . --- ----- -_. - 3 - as its process limits are reached, that efficiency will decline. He further cautioned that when the plant is upgraded, it must be at a higher level of technology than today's plant to stay within the MPDES permit limits and State non-degradation laws; and that involves a greater expense. . The City Engineer stated that under EPA regulations the user charges for dumping septage at the plant must be set to ensure that those users bear the associated costs. He estimated that those charges should be set at $100 to $125 per 1 ,ODD-gallon load of septage. He cautioned that if such a fee is set, steps must be taken to ensure that the facility is used and the costs are recovered. Waste Water Treatment Plant Superintendent Noyes stated there are currently three septic tank pumpers in the Bozeman area. He noted the pumper who lives at Manhattan does about 800,000 gallons of business a year while each of the other two pumps about 100,000 gallons per year. He noted that the larger pumper has indicated his intent to continue land application, particularly if the costs of dumping at the plant are set too high. City Engineer Brawner stated that the City is responsible for any violations that occur . at its plant, both financially and institutionally. He noted the City has a pretreatment ordinance to help ensure that sewage collected through the City's sewer lines does not negatively impact the plant; however, there are no such controls or safety nets in the County when addressing septage which may be dumped into the system. Responding to Commissioner Frost, Mr. Tim Roark, Environmental Engineer for the Gallatin County Health Department, stated there are three sanitarians and one in-training at the Health Department at this time; and they do not have adequate time to monitor the land application of septage. He noted, instead, that they address the issue on a complaint basis only. Responding to Commissioner Stiff, City staff stated they do not feel it would be appropriate to use the City's equipment to inject septage into the ground. They further . expressed concern about the potential for contaminating the City's sludge through the acceptance of septage. City Attorney Luwe emphasized the importance of recognizing the City can be fined in the event that EPA regulations are not met, citing the fact that Billings was recently fined by the EPA. 02-13-95 - 4 - Responding to Mayor Vincent, the City Attorney stated this staff presentation was designed to inform the Commission of the issues involved and the staff's position. He stated that, if the Commission wishes, this item may be placed on a future agenda for further discussion and possible action. . Commissioner Stiff left the meeting at 5:00 p.m. Aaenda Meeting - for regular meetina to be held on Februarv 21. 1995 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Attorney Luwe briefly reviewed the background information which was included in the Commissioners' packets. Assistant Planning Director Arkell gave a brief summary of the concept plan review for the Nelson property, distributing a revised list of B-1 and B-2 uses which are to be included in the planned unit development, which is located in a BP zone. She noted the property is located along the west side of Fowler Avenue extended and characterized the proposed . development as an extension of Valley Commons. She summarized the key issues identified by staff and the Planning Board, which include the large open space tract that actually lies in a bubble along the north boundary of the project and the proposed uses. Commissioner Frost asked that the building envelope sizes for each of the lots be identified either at or prior to next week's meeting. Responding to Commissioner Stueck, the Assistant Planning Director stated that the proposed list of uses has been revised in response to concerns from or hesitations by staff and Planning Board members. The Assistant Planning Director reminded the Commission that the concept plan review of the Sundance Springs development, requested by Don Hannah, is not required to go through Planning Board and Commission review under the zone code, but the Commission has . requested that it go through those reviews. She stated the concept plan shows 150 lots on the subject 147 acres, although she anticipates it will be reduced to 147 lots by next week's meeting. Comments forwarded by the Planning Board include concern that access for two lots is proposed directly onto South Third Avenue and the lack of clustering. Staff concerns include dedicated street rights-of-way, particularly for extension of existing roadways in the immediate 02-13-95 ----------.-.. .--.--.--.- .--. -- - 5 - area to incorporate this development into the area rather than segregating it from other subdivisions, protection of wetlands, areas designated for open space, clustering of development, and ensuring compatibility with surrounding development. She then asked that the Commission consider whether it wishes to allow development within the Zone X floodplain . area, as proposed on the concept plan. She reminded the Commission that under the floodplain regulations, development may occur within Zone X; however, when the Commission recently considered the Mathew Bird Subdivision proposal, they determined that development should not be allowed to occur in those areas. In a brief discussion on whether to enter into an addendum to the Duncan contract to include an impact fee for the City's transportation system, the Commissioners questioned why the City should spend $25,000 on this item. Commissioner Frost asked if the Beautification Advisory Board has forwarded a recommendation on acceptance of the Dolan sculpture based on all of the criteria contained in the guidelines which were just adopted. The City Attorney responded that he will ask their staff member, Derek Strahn, to respond to that question prior to next week's meeting. . Commissioner Frost asked how Ordinance No. 1397, which increases the distance for parking from a traffic control device from twenty feet to thirty feet, will impact parking in the downtown area. He then questioned whether the ordinance should be implemented on a city-wide basis or just in certain areas. The City Attorney responded that he will talk to Director of Public Service Forbes about that issue. Under the Consent Items, Commission Resolution No. 3045 sets a pUblic hearing on a proposed 12-percent increase in waste water rates. Responding to Commissioner Frost, Director of Public Service Phill Forbes stated the increase is driven, in large part, by the expenses incurred at the Bozeman Solvent Site. Further responding to Commissioner Frost, the City Attorney stated that the need for continued annual rate increases is dependent upon the State's determination of what level of . remediation is adequate. Assistant Planning Director Arkell briefly reviewed the public hearing schedule. She stated that the requested rezoning will allow essentially a second phase of King Arthur Mobile Home Park, where the lots are rented. 02-13-95 - 6 - Discussion - FYI Items City Attorney Luwe presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Governor Racicot to former Commissioner Mary Vant . Hull, dated January 18, 1995, regarding local option taxes. (2) Information sheet on relocation of the Gallatin Development Corporation offices to 215 West Mendenhall Street, Suite A-2, effective February 13. (3) Copy of a letter from HRDC to the City Manager, dated February 2, asking for additional funding for the GalaVan program. (4) Invitation to attend the open house for Gateways Day Hospital at 920 Technology Boulevard, Suite A, from 4:00 to 6:30 p.m. on Thursday, February 23. (5) Copy of a memo from Street/Sanitation Superintendent Sicz to Director of Public Service Forbes, dated February 7, providing an update on the collection of Christmas trees. (6) Copies of minutes for the Local Government Study Commission from their . initial meeting to date. Commissioner Frost expressed concern that those minutes contain errors on references to Commission actions and asked how those minutes are to be corrected. The City Attorney suggested that any corrections be forwarded by the Commissioners to James Goehrung, the Study Commission Liaison. He noted that, since the Study Commission is the only party which can amend its minutes, they can take the input from their Liaison into consideration at their next meeting. He recognized that, even if the Study Commission chooses not to make the requested corrections, the memo forwarded by their Liaison will become a part of the permanent record of their activities. (7) Copy of the lease agreement which the Local Government Study Commission has entered into with The Baxter Hotel Corporation for office space. . Commissioner Frost expressed his concern about paying for leased space, particularly when the City offered them space in existing facilities, at no cost. City Attorney Luwe noted that the Study Commission was offered space in the basement of the old Police Department and chose not to accept it. He noted that the minutes are unclear as to the reasons for that determination. 02-13-95 ------------ .. -.----- n_.__ -- - 7 - Responding to Commissioner Frost, the City Attorney stated the City may levy up to one mill. The City has levied one-half mill for this year, to cover the half year of their operation, and may levy up to one mill for next fiscal year. Commissioner Frost acknowledged the fact that the Study Commission can legally . lease space, furniture and equipment and purchase its own office supplies; however, he feels they should save taxpayer monies where possible. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 14, in the Commission Room. (9) Agenda for the Design Review Board meeting to be held at 3:00 p.m. on Tuesday, February 14, in the Commission Room. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 14, at the Courthouse. (11 ) Agenda for the Highway Commission meeting to be held on February 17 in Helena, along with a copy of the revised scope of work for North 7th Avenue, which is one of the agenda items. . (12) Copy of an article entitled Building Green, from the February 1995 issue of Builder magazine, as submitted by Commissioner Frost. (13) Commissioner Stueck noted the Commissioners have received copies of a letter which Administrative Services Director Gamradt had written to Newman and Associates requesting additional information for the private activity bond issue for the Acadia Gardens apartment complex project. Commissioner Frost asked if the Commission should do anything to encourage the developer to provide the information. Mayor Vincent stated it is obvious that all of the Commissioners present support the Director in his efforts to obtain the requested information. (14) Commissioner Frost submitted the following. (1) Attended the Downtown . Improvement Steering Committee meeting, at which tax increment financing was discussed. (2) Attended the Downtown Bozeman Association meeting, at which HRDC Director Jeff Rupp gave a presentation on their proposed use of the old Post Office. (15) Commissioner Youngman submitted the following. (1) Attended a meeting of the ad hoc cable television committee last week. She noted that in a couple of months, the 02-13-95 -.---...-----.-..--.---...-. - -------- --..-----.. - 8 - committee should be ready to make a presentation to the Commission. (2) Announced that she will be in Helena for the next couple days, to attend a hearing. (16) Mayor Vincent submitted the following. (1) Asked that the Commissioners forward any input on the draft employment agreement with the City Manager within the next . few days, so it can be prepared in final form for consideration at next week's meeting. (21 Stated that HB284, which has been approved by committee, would provide that a primary election is not necessary unless the number of candidates is more than three times the number of vacancies, instead of the current requirement for a primary if the number of candidates is more than twice the number of vacancies. Adjournment - 5:57 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and . Mayor Vincent; those voting No, none. ATTEST: ~J~ R BIN L. SULLIVAN Clerk of the Commission . 02-13-95