HomeMy WebLinkAboutNovember 1, 2010 Minutes.pdf
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 1, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, November 1, 2010. Present were Deputy Mayor Sean Becker, Commissioner
Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris
Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen.
0:00:47 A. Call to Order – 4 p.m. – Commission Room, City Hall, 121 North Rouse
Deputy Mayor Becker called the meeting to order at 4 p.m.
0:01:01 B. Pledge of Allegiance and a Moment of Silence
0:01:11 C. Changes to the Agenda
Deputy Mayor Becker asked if there were any changes to the agenda. Mr. Kukulski stated that
there were no changes to the Agenda.
0:01:16 D. Minutes – September 27, 2010 and October 4, 2010
0:01:20 Motion and Vote to approve the minutes from September 27, 2010 and October 4,
2010.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the minutes from September
27, 2010 and October 4, 2010.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:01:41 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
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Minutes of the Bozeman City Commission Work Session on November 1, 2010
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2. Authorize City Manager to sign Elevator Service Contract for the Bozeman Public Library
with Gallatin Valley Elevator (Goehrung)
3. Approve the Depository Bonds and Pledged Securities as of September 30, 2010 (Clark)
4. Approve Resolution No. 4297, Authorizing City Manager to sign Change Order no. 1 for
the 2008 Lamme Water Main Replacement Project (Murray)
5. Approve Resolution No. 4298, Amending Resolution No. 4289 to add a Technical
Assistance Grant to N7Rehab (Thorpe)
6. Approve Resolution No. 4299, Relating to $9,573,000. Sewer System Revenue Bond
(DNRC Water Pollution Control State Revolving Loan Program), Series 2010H;
Authorizing the Issuance and Fixing the terms and conditions thereof (Rosenberry)
7. Provisionally Adopt Ordinance No. 1794, Implementing JBL Zone Map Amendment, Z-
10164 (Saunders)
0:01:43 Public Comment
Deputy Mayor Becker opened public comment.
No person commented.
Deputy Mayor Becker closed public comment.
0:02:01 Motion and Vote to approve Consent Items E. 1-7.
It was moved by Cr. Andrus, seconded by Cr. Taylor to approve Consent Items E. 1-7.
Those voting Aye being Crs. Andrus, Taylor, Mehl and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:02:18 Motion and Vote to authorize the absence of Mayor Krauss.
It was moved by Cr. Mehl, seconded by Cr. Taylor to authorize the absence of Mayor
Krauss.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Deputy Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:02:38 F. Public Comment
Deputy Mayor Becker opened public comment.
No person commented.
Deputy Mayor Becker closed public comment.
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0:03:09 G. Work Session/Policy Discussion
0:03:14 1. Water Supply and Water Rights Topical Discussion (Heaston, Hixson and
Arkell)
City Manager Chris Kukulski began the presentation regarding the Water Supply and Water
Rights Topical Discussion. He spoke regarding the 3 facility plans that have been put together
over the decades. The purpose of this meeting is to discuss the water supply system, water rights
and ground water development.
0:04:44 Introductions
Each member around the table introduced themselves.
0:10:46 Topic A: Water Supply Planning History and Supply Deficiency Overview
0:10:48 Rick Hixson, City Engineer
Mr. Hixson spoke regarding water facility planning. The first plan took place in 1978, another in
1987 and the last was done just recently. These were conducted by engineering firms. In general
they do address water supply and demand.
0:14:07 Brian Heaston, City Engineering
Mr. Heaston spoke regarding the 2005 facility plan. This is a 20 year planning document.
Discussion took place regarding population and growth.
0:21:48 Mr. Heaston
Mr. Heaston spoke regarding water use trends.
Discussion took place regarding treatment capacity.
0:31:08 Mr. Hixson
Mr. Hixson spoke regarding the amount of gallons that are used per-capita per-day. Facility plans
have a 20 year planning horizon.
0:32:44 Topic A.1: Need for New Water Treatment Plant
0:32:45 Rick Moroney, Water Treatment Plant Superintendent.
Mr. Moroney spoke regarding capacity at the water treatment plant. He spoke regarding the age
and condition of the current plant. He spoke regarding the mechanical equipment and the current
pumps. Refurbishing some of the equipment has been considered. He spoke regarding treatment
compliance.
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0:43:27 Mr. Moroney spoke regarding increased recreation in water shed areas.
0:47:42 Mr. Moroney spoke regarding capacity increases.
0:55:51 Deputy Mayor Becker
Deputy Mayor Becker spoke regarding the timing of the construction of the water plant.
0:58:09 Mr. Kukulski
Mr. Kukulski stated that the plan is under design. He spoke regarding building in a recession and
possible benefits of doing so.
1:00:02 Mr. Kukulski
Mr. Kukulski spoke regarding the need for the facility and the accounting of borrowing money at
the cost today.
1:00:52 Mr. Hixson
Mr. Hixson stated that a short term upgrade of the existing process would be $2.5 million. This
figure came from the 2005 Facility plan.
1:02:18 Cr. Taylor
Cr. Taylor stated that the issues are as follows: Are we going to need the greater capacity, what
pieces are we going to need, and what are the cost savings?
1:04:57 Deputy Mayor Becker
Deputy Mayor Becker spoke regarding the 22 million gallons per day.
1:06:22 Mr. Moroney
Mr. Moroney spoke regarding treated storage.
1:06:30 Mr. Hixson
Mr. Hixson stated that there is a need for storage currently.
1:11:44 Mr. Kukulski
Mr. Kukulski spoke regarding residential growth and all that the City supplies water too.
1:13:31 Break
Deputy Mayor declared a break.
1:33:20 Meeting called back to order
Deputy Mayor Becker called the meeting back to order.
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1:33:54 Topic C: Water Rights-Abandonment
1:35:17 Mr. Heaston
Mr. Heaston stated that in May or June, the Commission directed staff to come back and inform
them about general water rights and water rights abandonment.
1:35:42 Cal Erb, Attorney
Mr. Erb spoke regarding abandonment of water rights at Mystic Lake and Sourdough. It is
beneficial to look at abandonment at a broader sense. The Mystic Lake rights are held by a
private owner. He spoke regarding intricacies of abandonment as related to statute and case-law.
You need to look at underlying claims. He spoke regarding reservoir size. Mr. Erb spoke
regarding reservation programs.
1:54:10 David Schmidt, Water Right Solutions
Mr. Schmidt spoke regarding capacity and the construction of a reservoir.
2:01:08 Mr. Erb
Mr. Erb spoke regarding case law and mitigation of well water.
2:24:00 Mr. Erb spoke regarding the City's water rights that he has reviewed.
2:24:27 Mr. Schmidt
Mr. Schmidt spoke regarding what other Cities and Towns are doing across the state. He stated
that surprisingly, they have not doing anything until recently.
2:30:26 Mr. Schmidt urged that what the City needs to do is to figure out just exactly what they
want to do. Get all of the facts before making a decision.
2:32:35 Mr. Kukulski
Mr. Kukulski stated that a lot more work needs to be done to understand what water rights the
City of Bozeman has. Our responsibility is for generations to come.
2:46:01 Topic D: Groundwater Development
2:48:58 Mr. Moroney
Mr. Moroney spoke regarding the removal of pharmaceutical products.
2:51:04 Mr. Hixson
Mr. Hixson stated that everybody downstream from Bozeman is using the City's wastewater. The
cost of energy is going to be the driver. It takes a lot of pressure to treat the water.
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2:52:54 Mr. Schmidt
Mr. Schmidt spoke regarding the Madison Aquifer.
2:57:54 Mr. Kukulski
Mr. Kukulski spoke regarding other communities who pump water.
2:59:24 Mr. Kukulski spoke regarding DEQ and wastewater. He spoke regarding sewer rates.
3:01:10 Topic B: Water Conservation
3:01:33 Public Comment
Deputy Mayor Becker opened public comment.
3:01:45 Doug Chandler, Public Comment
Mr. Chandler stated that he is the president of Allied Engineering. He spoke regarding geologic
storage of water. He spoke regarding crossing the Madison aquifer and the water rights for
storage at Mystic dam. He spoke regarding his idea of how to store flood waters and the
possibility of generating power from this. He spoke regarding advantages of this idea.
3:22:28 Deb Stevenson, Public Comment
Ms. Stevenson stated that she works for West Water Research whom has been obtained by a
landowner here in the County. She spoke regarding a potential area for supply which is near Four
Corners and Gallatin Gateway that is privately owned. She spoke regarding surface and
underground storage.
3:30:21 Ms. Stevenson spoke regarding selling or leasing water rights to the City.
3:31:52 Mr. Hixson
Mr. Hixson spoke regarding the 4000 acre feet of water rights in Hyalite that have not been used.
This is another area. Need to look at all the areas.
3:35:19 Ms. Stevenson
Ms. Stevenson spoke regarding the transfer of water.
3:36:37 Tammi Crone, Gallatin Local Water Quality District Public Comment
Ms. Crone spoke regarding water conservation. She urged the City to look at a way to make
changes to be cost effective and have an aggressive pursuit to water conservation. She urged that
demand and supply needs be looked into.
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3:39:17 Susan Duncan, AGAI and Greater Gallatin Watershed Council, Public Comment
Ms. Duncan explained that this involves a lot more than what happens in Bozeman. AGAI
represents about 31-35 ditch companies that manager water conveyance facilities. She spoke
regard watershed experts. She urged that the Commission work with organizations related to
water management. She spoke regarding old water rights.
3:48:00 Erica Skinger, Public Comment
Ms. Skinger stated that she lives in the trail park across from the Vans IGA. She spoke regarding
issues related to water treatment and the changes that took place in her area. She spoke regarding
physical changes and white sediment that appeared.
3:57:48 Public Comment closed
Deputy Mayor Becker closed public comment.
3:58:50 Mr. Hixson
Mr. Hixson spoke regarding the pipe failure on Black.
4:02:10 Topic B: Water Conservation
4:02:30 Mr. Heaston
Mr. Heaston spoke regarding conservation. He spoke regarding the Task Force's
recommendations related to a conservation plan.
4:13:15 Deputy Mayor Becker
Deputy Mayor Becker spoke regarding peak flow.
4:14:02 Mr. Heaston
Mr. Heaston spoke regarding putting out a Request for Proposals (RFP) for the update of the
water conservation study.
4:14:55 Mr. Kukulski
Mr. Kukulski spoke regarding the funding for the study. He spoke regarding his concern of
narrowing the scope.
4:17:34 Cr. Taylor
Cr. Taylor spoke regarding using wells for watering lawns.
4:19:12 Mr. Hixson
Mr. Hixson stated that the City embraces the use of wells for irrigation.
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4:22:39 Cr. Andrus
Cr. Andrus stated that anything that we do in terms with water conservation help with the
decision that is going to be made. The community has more buy in. We need to put this into
action quicker.
4:23:13 Cr. Mehl
Cr. Mehl spoke regarding the toilet rebate. He is interested in seeing an RFP.
4:25:11 Mr. Kukulski
Mr. Kukulski spoke regarding what a reasonable target would be on conservation.
4:39:33 Mr. Kukulski
Mr. Kukulski spoke regarding doing the water conservation component work now and also the
need to do more aggressive work in the water rights area.
4:43:31 Cr. Taylor
Cr. Taylor spoke regarding legal and cost relationships. The costs need to be connected together.
4:46:23 Mr. Hixson
Mr. Hixson stated the need for a legal investigation into the sufficiency of our current water
lights. Look at physical potentials and what the implications are.
4:48:51 Deputy Mayor Becker
Deputy Mayor Becker spoke regarding surface evaporation.
4:54:31 Deputy Mayor Becker
Deputy Mayor Becker stated that the information needs to be broke down into manageable bites.
4:58:18 Mr. Sullivan
Mr. Sullivan spoke regarding public participation.
5:04:05 Ms. Andrus
Ms. Andrus stated that the public perception is that we are a lot further than what we are with
this. We need to start presenting alternatives.
5:13:21 Mr. Kukulski
Mr. Kukulski spoke regarding facility plans and the Capital Improvements Plan. He spoke
regarding cash in lieu of water rights.
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5:17:28 Mr. Kukulski
Mr. Kukulski spoke regarding how we progress forward with using the community to make a
decision.
5:18:15 H. FYI/Discussion
5:18:37 1. “How are we doing?” feedback button.
Cr. Mehl suggested that we add a "how are we doing" feedback button on the website.
5:19:27 2. Board Calendar
Mr. Sullivan suggested that the Board Calendar be updated as well on the website.
5:19:44 3. Music on Main Drinking
Mr. Winn stated that the City and the Downtown have met to discuss the issue. They will get
together again before next year. There is a suggestion to ban dogs from the event.
5:23:11 I. Adjournment
The meeting was adjourned at 9:25 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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