HomeMy WebLinkAbout1995-02-13 ccmWORK
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MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 13, 1995
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. 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.
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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,
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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.
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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
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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.
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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.
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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
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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
.
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