HomeMy WebLinkAboutPublic hearing to determine whether 12 acres at the Water Reclamation Facility is neededPage 1 of 6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chuck Winn, Assistant City Manager
SUBJECT: Public hearing to determine whether up to12 acres owned by the City at the Water Reclamation Facility at the northeast corner of Nelson and Frontage roads is necessary for the conduct of City business or that the
public interest may be furthered by the exchange of the property with the
Montana Department of Transportation for approximately 8.2 acres at 907
Rouse Avenue (2/3 vote of Commission required) MEETING DATE: November 18, 2013
RECOMMENDATION: Conduct a public hearing and by a 2/3 vote of the Commission,
determine that up to 12 acres of Water Reclamation Facility property at the corner of Nelson and Frontage roads is no longer necessary for the conduct of City business and that the public
interest will be furthered by the exchange of the property with the
Montana Department of Transportation for approximately 8.2 acres
at 907 North Rouse Avenue.
PROPOSED MOTION: Having considered the information presented by staff, I hereby
move to adopt the findings included in the staff memorandum and conclude that up to 12 acres of
City-owned property at the Water Reclamation Facility is no longer necessary for the conduct of
City business or the preservation of City property and also that the public interest will be furthered by an exchange of the property for approximately 8.2 acres owned by the State of Montana on Rouse Avenue between Oak and Tamarack streets and direct the City Manager to
complete all steps necessary to complete the exchange for the purpose of locating a new police
and courts facility and return to the Commission with an ordinance authorizing the exchange.
It is important to note that the decision whether the real property at the Water Reclamation Facility (WRF) is necessary for the conduct of the city’s business or the preservation of its property or whether the public interest will be furthered by the land
exchange is not a final decision on the exchange of the property with the Montana
Department of Transportation (MDT). Should the Commission adopt the proposed motion
(or similar) the Commission must, at some point in the future, adopt an ordinance authorizing the City Manager to execute a negotiated exchange agreement with MDT.
BACKGROUND: The Commission’s action tonight is related to a possible land exchange with
the MDT, the location of a new municipal police and court facility, and the changing nature of wastewater treatment in the City.
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On August 12, 2013, the City Commission adopted the following motion regarding the proposed
land exchange with MDT: “that having reviewed the reports, considered public comment and
staff analysis, I move to direct the City Manager to take the appropriate action necessary to
complete a land exchange between the Montana Department of Transportation and City of Bozeman.”
This “need hearing” is a critical step in the process to complete the exchange.
Before I discuss the changing nature of wastewater treatment and why up to 12 acres at the WRF is no longer necessary for the conduct of City business and why the public interest will be furthered by an exchange with MDT, I will provide a brief discussion of the history of
constructing a new police and court facility.
Police and Court Facility at the Law and Justice Center: Since May 2010, the City has been actively involved with Gallatin County in planning for the design and construction of a joint building housing the Gallatin County Sheriff and the Bozeman Police Department. Following
the County’s decision to withdraw its commitment to a joint facility, the City began negotiating
with Gallatin County to purchase or lease property on the Law and Justice Center (L&J) campus
to construct a city-only police and courts facility. These negotiations failed to yield an agreement. When it became evident the City and County would not be able to reconcile their differences, City staff began searching for other suitable locations to construct these critical
public safety facilities.
The co-location option provided the main value of the L&J site as a location for a municipal police and courts facility. Having exhausted the option of co-location, the L&J site should be evaluated on its suitability as a building site and location for a City police and courts facility.
The L&J campus location poses significant restrictions that make it a less suitable location; these
include size, configuration, buildable lot area, traffic patterns, public frontage, and secure
parking options. Montana Department of Transportation Proposed Land Exchange: Earlier this year, the
City became aware MDT was interested in relocating its Rouse Avenue facility. In the 2013
legislative session, MDT was funded for the construction of a new Bozeman Division
Maintenance Facility. MDT’s present location at 907 North Rouse Avenue is insufficient for its current and future needs and does not provide optimal access to the road network MDT maintains. As such, MDT desires to locate its facilities outside of the core urban area on
property that provides improved access for their large equipment, has adequate space for future
expansion, and is connected to municipal services. During discussions with MDT it became
evident that City owned property at the Water Reclamation Facility (WRF) meets their needs.
MDT requests up to 12 acres of WRF property in exchange for their approximately eight acres
on Rouse Avenue. Both Montana law related to MDT’s authority to exchange real property and
the City’s legal authority to exchange real property (2.06.870.C, BMC) require the properties
exchanged be of like value.
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MDT’s property on Rouse Avenue contains more acreage than what is required for a police and
court facility. See Exhibit 1 for the location of the MDT property. The Commission could decide
to locate other City facilities on the site, preserve it for future City uses, or sell it for private
development. Should the Commission approve the exchange, we will return with a full discussion of options for the portion of the property not used for the police and courts facility at a future date.
The City is authorized to exchange real property pursuant to 2.06.870.A and C, BMC.
Advantages of locating the police and municipal courts on the MDT property include:
• Reuse and infill redevelopment of industrial property in one of the City’s entryway
corridors;
• Location of the Bozeman Police Department and Municipal Court nearer to other City
operations (the police department’s vehicle maintenance facility, Bozeman City Hall, Fire
Station Headquarters, Bozeman Public Library, and City Shops) provides for a corridor
of community services;
• Critical public infrastructure is currently in place (water, sewer, transportation);
• Proximity to the City’s urban core via major transportation corridors, supporting
Commission current goal number four, enhancing Downtown development opportunities;
• The site and proposed uses are supported by the City’s Growth Policy;
• Appropriate zoning (Public Lands and Institutions - PLI) already in place where proposed
uses are permitted and encouraged;
• Access to major transportation routes (Rouse, Oak, Tamarack);
• Location is served by Streamline Bus;
• The potential to improve property values for adjacent areas through redevelopment; and
• Major transportation improvements planned for the area include reconstruction of Rouse Avenue and the installation of a bike/pedestrian path along Oak between 7th and Rouse planned for 2014.
The WRF land proposed for the exchange is located within the Bozeman City limits, along
Nelson Road between Frontage Road and the northern access road to the WRF sludge ponds (see
Exhibit 2). The proposal is to exchange a portion of the tract legally described as Tract A-1-A(1) of Certificate of Survey 473C. Prior to the exchange the City will need to adjust the eastern
boundary to create a new parcel of approximately 12 acres. Currently, there is no public
infrastructure adjacent to the property. It is our intention to work with the MDT to extend water
and sewer service to the property as a condition of the land exchange.
Findings: Prior to finalizing the proposed exchange, the Commission must determine whether
the property at the WRF is necessary for the conduct of City business or the preservation of its
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property, or, that the public interest may be furthered by exchanging the property for MDT’s
Rouse Avenue property. The conclusions above are distinct. Therefore, for purposes of this
memorandum, I provide findings below.
I. The approximately 12 acres proposed for exchange with the MDT at the WRF is no
longer necessary for the conduct of City business or the preservation of its property.
The WRF has a total of 18 infiltration/percolation (I/P) beds located on approximately 41.3 acres
located next to the existing treatment plant. The I/P beds were originally designed to allow effluent from the treatment plant to infiltrate through the ground into a piping system that would
discharge to the East Gallatin River. The I/P beds had an initial design capacity of
approximately 4.85 million gallons per day (MGD). Secondary treatment, primarily in the form
of suspended solids and nitrogen removal, were provided by the I/P beds. The land proposed for
exchange currently contains four of the 18 I/P beds. As such, the exchange would eliminate approximately 30% of the original design I/P bed capacity.
According to Craig Woolard, Public Works Director, eliminating these four I/P beds will have no
impact on the current or anticipated future operations of the WRF. The City has a permanent
permitted discharge directly into the East Gallatin River from the treatment plant and no longer uses any of the I/P beds. It is important to note that the WRF currently exceeds all Montana
Department of Environmental Conservation (DEQ) discharge limits. Without using any of the
I/P beds, the WRF should meet all anticipated discharge limits for at least the next 10-15 years.
It is possible that the DEQ’s East Gallatin River water quality regulations could, in the future, require the City to consider additional treatment or alternate effluent disposal. The preferred
option for addressing compliance with amended DEQ requirements would be to upgrade the
capacity and level of the treatment plant. The I/P beds could provide a secondary option.
However, eliminating four of the 18 I/P beds as part of the proposed land exchange will not materially impact the City’s options for complying with future regulations for discharge into the
East Gallatin River for several reasons. These include:
1. Should DEQ adopt new regulations affecting the City’s direct discharge into the East
Gallatin River the secondary treatment capacity of the I/P beds, even if the City kept the
four beds which occupy the land proposed for exchange with the MDT, will be inadequate to accept all of the WRF’s effluent. Thus, ultimately, the I/P beds are not a viable option on their own for diverting all the treatment plant’s discharge from the East
Gallatin River.
2. The City’s discharge into the East Gallatin River provides important return flows. There
are 160 entities holding water rights on the East Gallatin River within six miles of the
current WRF outfall. As such, eliminating this discharge may result in a challenge should the City remove effluent from the East Gallatin River.
3. The I/P beds, if used for groundwater discharge, will still require a DEQ discharge permit.
The hydrological connection between the groundwater in this area and East Gallatin
River makes it unlikely the City would receive a permit to discharge through the I/P beds
without complying with strict water quality standards.
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4. The I/P beds cannot provide the advanced level and nitrogen and phosphorus removal that will be the water quality parameters that govern future permits.
5. Any investments in technology upgrades required to meet future discharge limits can be
accommodated on the land remaining after the proposed exchange.
II. The exchange of the WRF property for MDT property on Rouse Avenue furthers the public interest by providing a location for a new police and municipal courts facility. The MDT site presents the best option identified to date for the location for the City’s police and
municipal courts facility. The site is of sufficient size, is centrally located, and provides an
opportunity for redevelopment of an industrial infill site. Most importantly, the site is located on and within close proximity to major transportation routes. Additionally, and as noted earlier, the placement of the police department and municipal courts on this site provides for a continuity of
City services along the Rouse Avenue corridor. As a public safety and community justice
location, the building would be appropriately placed, occupying a highly visible parcel along an
entryway corridor. The location, size and shape of the site provide for flexibility in design and it is well suited for
security, parking and future expansion. The site also offers multiple ingress/egress points that
provide for safe and efficient police response.
III. Use of the Property for Non-WRF Municipal Uses.
An analysis of the City’s adopted Fiscal Year 2013- 2017 Capital Improvements Plan indicates
no other currently planned city facility is considered for location on the WRF property.
Eminent Domain: In 1982, the City acquired the real property at the WRF which is proposed to
be exchanged with MDT through the use of eminent domain. The City Attorney has determined
the acquisition of the WRF property by the use of eminent domain does not prevent the City
from proceeding with the land exchange.
UNRESOLVED ISSUES: The City and MDT are presently in discussions to determine the
specific requirements of a land exchange. These include, but are not limited to:
• The determination of the value of each party’s parcels through appraisal and negotiations
to determine similar value; and
• Processes for completion of the exchange (i.e. a boundary line relocation on the WRF
facility, the recording of an amended plat and tract aggregation on the MDT property
including reservation of necessary right-of-way for the expansion of Rouse Avenue,
negotiation of a land exchange agreement, and adoption of such agreement by ordinance of the Commission).
ALTERNATIVES: Although the MDT site is the Staff’s first choice for the location of the
police and courts facility, the facility could be located elsewhere. We have had preliminary
conversations with the owner of property next to Rose Park (west side of 27th on the north side of Oak Street) for the purposes of building the police and courts facility. In the near future, the
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Commission will consider the location of a new aquatics facility. One option for the new
aquatics facility is to be located in Rose Park immediately adjacent to the second option for the
police and court facility. Other potential locations for the police and courts facility include
properties currently for sale near 15th and Oak Street. This third possible location is not ideal because it is located off Oak Street and as such lacks the visibility of the MDT site and the property west of Rose Park.
Should the Commission determine the 12 acres at the WRF property continue to be necessary for
the conduct of City business or the preservation of its property or that the public interest would not be furthered the land exchange with MDT will not occur. FISCAL EFFECTS: The City’s FY2014 budget includes $1M for the purchase of property and
site improvements for the construction of a new police and municipal courts facility. The
construction of the police and municipal courts facility is expected be financed through the sale of bonds subject to approval by city voters at an election to be held sometime in 2014. Attachments: Exhibit 1 Aerial Map of MDT Property
Exhibit 2 Aerial Map of WRF Property
Report compiled on: 11-12-13
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This map was created by the City of Bozeman GIS Department on 10/21/13 and is intended for planning purposes only.
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MDT Proposed Re-Location
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