HomeMy WebLinkAbout1988-02-16
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
February 16, 1988
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Orientation Session - 1 :00 p.m.
Mr. Fred Shields, Water and Sewer Superintendent, submitted to the Commission an out-
I line of the activities under the water and sewer departments. He then reviewed the outlines for
water supply and storage as well as the water transmission and distribution. He noted that the
City has three sources of water: Lyman Creek, Bozeman Creek and Hyalite Creek. He noted
each of those sources must be maintained, along with the two storage tanks and the Lyman
Creek reservoir. He also noted that the diversion structures on each of the three sources must
be maintained on a regular basis.
Fred Shields then reviewed the transmission and distribution system. He noted the City
has slightly under 5200 water services, 114 of which are unmetered at the present time. He stat-
ed that meters will be installed whenever possible; however, the City currently does not have
any mechanism through which to require that the meter be installed.
Commissioner Goehrung asked if the City will be doing quarterly tests for giardia.
Mr. Shields stated that quarterly tests have not been required; but the City has started
doing them so that he can address questions on the issue. He noted the results from the last
test were negative.
Commissioner Martel asked how often tests for lead will be required.
Fred Shields stated there are no set schedules for testing for lead, rather the Environ-
mental Protection Agency and the Water Quality Bureau have left such monitoring schedules for
local governments to decide. He noted the City has completed some tests, and additional ones
will be done in the near future. He stated most of the tests have come back indicating levels
not detectible; and the one all-lead service known came back with a level less than half the
amount allowable.
I Commissioner Goehrung asked if all of the new water meters have remote readers.
Mr. Shields stated that in 1974, the requirement for remotes was implemented. He noted
that about half of the services currently have remote readers; and remotes are now being in-
stalled on all other services that require repair or replacement. He noted the City charges
$25.00 for the remote, which does not cover the actual costs of installation. He stated, how-
ever, that the City does recover those costs through the reduction in meter reading time.
Commissioner Martel stated that recently it was noted that the fire hydrant at the Law
and Justice Center is not functioning. He asked how many of the 734 hydrants are frozen and
cannot be used.
Fred Shields stated that the fire hydrant at the Law and Justice Center was installed by
a private contractor; and the water main servicing that hydrant was never turned on after it
was installed. He noted that after hearing about that situation, Water Department personnel
checked the hydrant, and it is now functioning. He then indicated that all of the hydrants will
open; however, they may not shut off afterward without repairs.
City Manager Wysocki asked how long it would take to open and check all hydrants to be
sure they are working properly. He also asked how often that should be completed.
Fred Shields stated that to test each hydrant to be sure it would function would probably
take a month for two people, provided they didn't find anything wrong. He noted, however,
that it could take up to a week to repair a hydrant if it would not shut off. He then indicated
the American Water Works Association recommends that hydrants be opened and flushed at least
once a year. He noted that the valves should also be fully opened and closed once a year; how-
I ever, this has not been done in the 28 years he has been with the department.
Commissioner Martel asked if the City has a master layout of all of the valves in the
City's distribution system.
Mr. Shields stated the City does have a good valve map; however, in the older areas, the
crew can figure that two out of seven valves won't work or the valve stem will break when oper-
a ted . He noted that in some instances, a three-block area must be shut off because one valve
wi II not work.
Commissioner Vant Hull asked if checking of the fire hydrants could be contracted out so
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that it can be accomplished in the near future.
Fred Shields stated the City would still need to furnish employees even if the testing
were contracted. He then noted that experience in working on fire hydrants is necessary; and
the Water Department is very protective of its services and mains since the City owns the sys-
tem. He indicated at the present time, three of the men on the crew have the experience to
work on fire hydrants. He stated that the City has eleven different types of hydrants, three of
which are now obsolete and parts are not available. He noted the Water Department is slowly I
replacing the obsolete hydrants rather than repairing them when problems arise, at an approx-
imate cost of $2,000 per hyd rant.
City Manager Wysocki reminded the Commission that this year's budget for the Sewer De-
partment includes two people to work on maintenance of the lines. He then suggested that after
the Water Fund becomes healthy again, the City may wish to consider transferring those indi-
viduals or hiring an additional crew to begin maintenance of the water lines and valves and fire
hydrants.
Fred Shields noted that in 1963, the superintendent at that time started a maintenance
program for fire hydrants; and the first week of opening and closing those hydrants gave the
crew work to do for the entire summer. He noted the program was stopped at that point and
has never been restarted.
Commissioner Vant Hull asked about the status of the Water Fund.
City Manager Wysocki stated the City has not experienced a summer without water restric-
tions since the new rates were implemented; therefore, it is difficult to evaluate. He then sug-
gested that this could be more appropriately addressed during the mid-year budget review.
Commissioner Hawks noted in 1982, the water loss in the City's lines was projected at 40
percent and asked if that loss has been reduced.
Fred Shields stated that figure is not accurate, but reflects the difference between the
amount of water supply and the amount run through the meters in town. He then indicated that
he is aware of five leaks in lines at this time, all of which appear to be minor. He noted those
will be repaired after the frost is gone. I
Water and Sewer Superintendent Shields then reviewed the sewer collection and trans-
mission function. He stated that the crew maintains all sewer lines and installs new service
lines, noting the City owns this system as well as the water system lines. He indicated that no
maintenance has been done on this system since he has been with the City either; and the steps
in many of the manholes have rusted off. He then indicated that many of the manhole covers
are a style that is not replaceable.
Commissioner Martel noted that many of the manholes where the streets have been built
up are still low.
Fred Shields stated concurrence. He noted that it takes two people about four hours to
raise one manhole cover up to grade because the cover and ring must be removed and a riser
installed. He indicated that the crew usually does not have time to go back and raise all the
manhole covers immediately after a street improvement project has been completed.
Commissioner Martel noted that the City hired a contractor to televise sewer lines a few
years ago. He asked if all of the system was done at that time or only a portion.
Fred Shields stated that only problem areas, totalling about 11,000 feet, have been tele-
vised. He noted one of the main problems now is in a main trunk line; but the City can't divert
enough water from the line to televise it.
Commissioner Goehrung asked if the storm sewer water goes into the sewer system and
through the plant.
Mr. Shields stated the storm sewer system does not. He noted the majority of that water
runs into Bozeman Creek; and maintenance of that system is under the Street Department. I
The Commission thanks Mr. Shields for his presentation.
Roll Call, Pledge of Allegiance and Moment of Silence
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, February 16, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner
Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager
Wysocki, City Attorney Becker and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
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Mayor Stiff asked if any of the Commissioners wished any of the Consent Items be re-
moved for discussion. Commissioner Martel requested that the request for authorization to write
off uncollectible accounts be removed from the Consent Items for discussion.
Minutes
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min-
I utes of the regular meeting of February 8, 1988 be approved as submitted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner
Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none.
at the Law
eague
City Manager Wysocki stated the applicant has requested the Commission defer discussion
on this item until he has had an opportunity to discuss the matter with the County Commis-
sioners.
Commission to form an ad hoc com-
City Manager Wysocki reminded the Commission that Commissioner Hawks and Commissioner
Martel were appointed to a sub-committee to review possible composition of an ad hoc committee
to review the sign ordinance.
Commissioner Hawks stated that he and Commissioner Martel met with Planning Director
Andy Epple and Zoning Administrator Ron Brey and developed a proposal for composition of the
committee. He indicated the suggested composition is as follows: a twelve-member committee
with three selected by the Chamber of Commerce, with one from North Seventh Avenue, one from
West Main Street and one at large; one selected by the Downtown Bozeman Association; four tech-
nical/design professionals, two being sign company representatives, one being an architect and
I one being a graphic artist; and four at-large members. The Commissioner stated that during
their meeting, discussion was held on whether to include beautification projects; and it was de-
termined that issue should be dealt with separately.
Commissioner Hawks noted it has been pointed out that the Chamber of Commerce does not
represent all of the business community, so the Commission may wish to consider that in de-
termining the composition of the committee. He then indicated that it was determined that to
have one-third of the committee with expertise and backgrounds in aesthetic judgment and values
training could be beneficial while developing this type of ordinance. He noted that those from
sign companies could provide a different viewpoint that could be very helpful as well.
Commissioner Martel noted that the Commission could consider expanding the membership
by one, appointing one business representative that is not a member of the Chamber if they so
desire.
Commissioner Vant Hull indicated that she has a problem with allowing the Chamber of Com-
merce to select three of the members for this committee. She noted the Chamber represents
about 40 percent of the total number of businesses that are issued business licenses; and she is
hesitant to give preference to businesses belonging to any specific group. She further noted it
is a Commission function to appoint its boards. The Commissioner then stated that she would
suggest that the Chamber encourage its members to apply, and encouraged the Chamber to sub-
mits its recommendations for membership if they wish to do so. She noted the Downtown Boze-
man Association could also encourage its members to apply, submitting its recommendations as
well.
I Commissioner Vant Hull suggested that the Commission follow basically the same process in
appointing this committee as it did the ad hoc committee to review business licenses. She noted
the basic composition could be determined; however, it is better for the Commission to maintain
flex i bi Iity in the appoi ntment process.
I n response to a question from the Commission, Daria Joyner, Executive Vice President of
the Chamber, indicated that 650 of the businesses are members of the Chamber, a small number
of which are associate members.
Commissioner Martel stated that he feels the Chamber knows its members and might be bet-
ter able to select those with more expertise and knowledge of signs than the Commissioners
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could. He also noted that the Chamber knows the locations of the various businesses, so it
would be more able to address the geographic concerns. He further indicated that the Commis-
sion could still appoint two-thirds of the committee members under the proposed composition for-
mat.
Commissioner Goehrung noted the City must deal with management of the final recommen-
dations from the committee. He stated he would prefer to retain oversight on the appointments
to the committee, rather than having other entities make appointments. I
Commissioner Hawks stated he feels this committee should possibly be more structured
than the ad hoc committee recently appointed to review the business license ordinance.
Commissioner Goehrung suggested that the Chamber and DBA not be limited on the num-
ber of recommendations that they make, noting the Commission would then have some latitude in
adjusting the balance of the committee to reflect the concerns of the community.
Mayor Stiff asked the City Attorney if he has reviewed this item to determine whether
beautification could be addressed along with review of the sign ordinance.
City Attorney Becker stated there is nothing that prohibits addressing beautification
under this item. He noted that several states have recognized that aesthetics by themselves are
a proper form of zoning control. He noted that one Missoula case recognizes aesthetics as a le-
gitimate zoning concern; however, the state's court system has not yet done so.
It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the
Commission establish and appoint an ad hoc committee comprised of twelve individuals to work
with the staff on development of a sign ordinance, including representatives from the business
community, the technical I design profession, and the general citizenry, with consideration being
given to recommendations from the Chamber of Commerce and the Downtown Bozeman Association
during the appointment process. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks, Commis-
sioner Martel and Mayor Stiff; those voting No, none.
Mayor Stiff asked that a draft advertisement and application form be submitted to the Com-
mission for review at next week's meeting. I
Continued discussion - request for creation of a special improvement district for , curb
and gutter an storm ramage - ea venue
City Manager Wysocki stated that the applicant has requested that further discussion of
this item be deferred until such time as he has had an opportunity to gather the additional in-
formation requested.
Authorize write-off of uncollectible water and sewer accounts and other accounts receivable
City Manager Wysocki stated that Commissioner Martel had requested this item be removed
from the Consent Items.
Commissioner Martel questioned why some of the accounts have been listed for write-off,
noting he was able to find addresses for three of the individuals.
Administrative Services Director Miral Gamradt stated that to write off the listed accounts
receivables does not mean that the City stops trying to collect the outstanding balance; but it is
used as a mechanism to clean up the City's accounts receivable system. He noted that accounts
which are over one year old are written off, but they are also turned over to the Gallatin
County Credit Bureau and Credit Systems, I nc., for further collection attempts.
Mayor Stiff asked if any mechanism is in place that does not allow an individual with a
past balance to receive water and sewer service in a new location.
The Administrative Services Director stated that the staff is currently working to enhance
that portion of the record keeping process. I
Commissioner Vant Hull asked if requiring of larger deposits could help to alleviate this
problem.
Administrative Services Director Gamradt stated that to require a deposit that would be
larger than a three-month bill might be helpful, noting that the deposit for a residence would
probably be $40 to $50. He then indicated that some communities in the state currently require
that the bi II be placed in the property owner's name; and that process could help eliminate some
of these problems.
City Manager Wysocki recommended that the Commission authorize the write-off of uncol-
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lectible accounts as listed.
It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com-
mission authorize the writing off of uncollectible accounts receivable in the total amount of
$4,138.36. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and
Mayor Stiff; those voting No, none.
I Consent Items
City Manager Items:
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Con-
sent Items be approved as listed above, and the appropriate persons be authorized and directed
to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis-
sioner Martel and Mayor Stiff; those voting No, none.
Orientation Session (continued)
Administrative Services Director Miral Gamradt distributed to the Commissioners copies of
the organizational structure for the Department of Finance, along with the a listing of the em~
ployees currently filling those positions. He also distributed a brief summary of the activities
under the data processing and treasury divisions, indicating that the division heads are present
to respond to Commission questions.
The Administrative Services Director stated that the City purchased an IBM System/38
computer in December 1984, at a cost of $136,591, including software. He noted that the orig-
inal estimate for expansion was $35,000; however, that has been reduced to $12,000 through sec-
ond market sources. He noted that he is considering internal memory expansion in this fiscal
I year, if the costs fall within the current operations budget. He stated the machine is currently
operating at 80 to 95 percent of capacity on the existing disk storage, cautioning that anything
over 90 percent can result in loss of data. He stated that time must be taken to clean up the
files and place items in storage to avoid any potential capacity problems. He noted that three
years of transactions are retained on the hard disk to allow easy access in the daily operation of
the City.
Administrative Services Director Gamradt then reviewed the operations within the data pro-
cessing area, split into daily, weekly, monthly, quarterly, semi-annual and annual items. He
indicated that the entire system is backed up onto tapes every Friday afternoon, including all
information on the hard disk as well as all of the software. He noted this is a four-hour pro-
cess.
The Administrative Services Director stated that a computerized bond call system has been
developed. Also, all bonds are now registered; and the interest payments are prepared on the
computer. He noted that within the next fifteen or sixteen years, there will be no coupons for
interest payments; and the entire process wi II be basically computerized.
Administrative Services Director Gamradt then reviewed data processing projects to be com-
pleted during the fiscal year. He noted that a computerized outstanding warrant system is cur-
rently being developed. He indicated that the former contracted programmer has terminated;
and the City will contract with another individual in the near future to develop the police data
base system. He noted the City did purchase a system from Boise, which will be the basis for
I the system.
The Administrative Services Director then stated that future projects also include de-
velopment of a position control system, in which the costs for each position are shown separately
so they can be more closely monitored. He noted that linking the cash register directly to the
computer and the establishment of a magnetic ink system for the cash register are also projects
to be accomplished in the future.
Commissioner Vant Hull asked about the collection of special improvement district pay-
ments.
Administrative Services Director Gamradt stated that collections are running about 95 per-
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cent. He noted that reminder letters will be sent shortly, noting that the process has helped in
the collection of delinquent assessments.
Commissioner Martel asked if the auditors' recommendation to limit access to the computer
has been addressed.
Administrative Services Director Gamradt stated that each person using the computer has
been given a password; and that password restricts the files that can be accessed.
Commissioner Hawks asked if the City has a trigger mechanism for tax sales in the event I
of delinquent special assessments.
The Administrative Services Director stated that tax sales are the responsibility of the
Gallatin County Treasurer. He noted, however, that the City will remind that office when a tax
sale is due in an attempt to keep that process on track.
Mayor Stiff noted that the auditors' management letter a year ago had a substantial
amount of comments on the data processing area. He further noted that this year's letter has
only one comment for that function. The Mayor then congratulated Data Processing Manager Bob
Schunke and Administrative Services Director Gamradt for their work in addressing those items.
Administrative Services Director Gamradt then reviewed the functions of the treasury di-
vision. He noted a majority of the work in this division is done on a daily basis. He indicated
that the business license system has just been automated, with the applications and business li-
censes being prepared on the computer.
Commissioner Hawks asked if the City's bank accounts are insured.
The Administrative Services Director stated that 50 percent of the account balance must
be insured through depository bonds and pledged securities; and the City's accounts are insured
at a much higher rate.
Commissioner Hawks noted that the possibility of requiring all water services to be in the
property owners' names has been discussed. He then asked if such an action could result in
higher consumption since the tenant would not be responsible for the costs incurred. He a I so
asked whether such action could also have a detrimental effect on citations for watering re-
striction violations. I
City Manager Wysocki noted that the property owner could be cited if the tenant couldn't
be under that type of procedure.
Commissioner Martel asked if a staggered water billing system could be implemented to
even out the workload.
Data Processing Manager Bob Schunke stated that a staggered billing system would create
problems in the aging of water bills, causing more time to be spent on that aspect of the billing.
He then noted that after a bill becomes 90 days old, the water is turned off until the bill is
brought current.
Commissioner Martel asked what type of warning system is in place for past due accounts.
The Data Processing Manager stated that a yellow friendly reminder is sent out the fif-
teenth of each month. He also indicated that a pink warning slip is sent out prior to shutting
the water off.
The Commission thanked Mr. Gamradt for his presentation.
Break - 3:25 to 3:40 p.m.
Mayor Stiff declared a break from 3:25 p.m. to 3:40 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Orientation Session (continued)
City Manager Wysocki noted that the City's water supplies include Lyman Creek, Bozeman
Creek and Hyalite Creek, which must be monitored on a daily basis. He noted one of the future I
water projects is the improvement of the Lyman Creek supply, which is currently uncovered.
He reminded the Commissioners that the 1985 Legislature set aside $726,000 as a DNRC loan to
help finance this project; and the 1987 Legislature reaffirmed that action. He noted that other
projects include the construction of a presedimentation basin near the water treatment plant, the
Hyalite Reservoir expansion, and the addition of more filters within the water treatment plant.
The City Manager noted that the City really has no control over the timing of the Hyalite
Reservoir project or the repayment of that loan, which is estimated at $3.2 million. He further
indicated that the recent Montana Power Company action could have an impact on this project.
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City Manager Wysocki stated that repayment of the Hyalite Reservoir project will probably begin
in 1990 or 1991. He noted that the water treatment plant expansion is estimated to cost about
$500,000.
The City Manager noted that the City did meet its 125 percent bond coverage require-
ments prior to implementation of the 12 percent rate increase this fall; however, it is difficult to
project what the revenues might be due to watering restrictions two of the last three years. He
I then indicated that part of the reason for imposition of the watering restrictions has been the
inability to produce an adequate water supply to meet the demands; and expansion of the plant
could help. He also noted that construction of a presedimentation basin could help to make more
efficient use of the City's water supply; however, that project is estimated to cost $2.2 million,
and the City does not have adequate history of revenues to cover the costs of additional bond-
ing.
City Manager Wysocki noted that the City should probably place itself in a position to re-
finance the water bonds when the interest rates drop again. He stated, however, that before
bonds are refinanced, a determination must be made on whether to just refinance the outstanding
balance or try to sell additional bonds to help defray the costs of some of these water projects.
Commissioner Hawks asked if the water plant expansion should be done first, since that is
the lowest cost project.
The City Manager indicated that expansion of the plant is the lowest cost item. He noted
that the expansion would also allow the City to better meet the water demands in the summer,
resulting in additional revenues.
Water and Sewer Superintendent Shields stated the pipe to the plant will only accommodate
13.7 million gallons per day, which will still limit the City's capabilities.
Commissioner Hawks asked about storage capacity and how that compares with demand.
The City Manager indicated that the City has two storage tanks that hold a total of 6
million gallons. Water and Sewer Superintendent Shields noted that will cover a half day in the
summer or a whole day in the winter.
I Commissioner Hawks then asked about the status of Stephan Custer's well project.
Commissioner Goehrung stated that Dr. Custer's latest comments revealed that the wells
were not producing the amount of water anticipated.
City Manager Wysocki indicated that to get major water users, like the City parks, on
wells could help address the water supply concerns.
Commissioner Hawks noted that the growth rate will begin to climb in the next two to
three years; and the City should be prepared to address and accommodate that growth.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) A letter from Jane Jelinski, Chairman of the Policy Coordinating Committee, indi-
cating there is a meeting to be held with Highway Commissioners in Bozeman on February 26 to
review the proposed third interchange. The letter further indicates that the next Highway Com-
mission meeting is to be held in Kalispell on March 3 and 4.
(2) Agenda for the City-County Planning Board meeting to be held on Thursday, Feb-
ruary 28, 1988.
(3) Notice of the Chamber of Commerce Governmental Affairs Committee meeting, to be
held on Wednesday, February 17, 1988, 12: 00 noon at the Baxter Hotel.
(4) A copy of the Request For Proposals for engineering services for the lift station
on Wheat Drive, as prepared by the City Engineer. The City Manager noted that HB310 re-
I quires that any engineering services over $5,000 must go through the RFP process.
(5) Commissioner Vant Hull distributed to the Commissioners copies of information in
response to the packets of information from Commissioner Martel concerning the linear park.
(6) Mayor Stiff asked if the orientation sessions wi II be completed by February 29. He
also asked if the Commissioners wish to defer any work sessions until after the orientation ses-
sions have been completed.
The Commissioners concurred that the orientation sessions should be completed prior to
holding any work sessions.
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Recess - 4:40 p.m.
Mayor Stiff recessed the meeting at 4:40 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the sched-
uled public hearings. I
- A plication for Communit Development Block Grant economic development monies
- orporatlon
This was the time and place set for the public hearing on the Community Development
Block Grant application as requested by I LX Lightwave Corporation.
Mayor Stiff opened the public hearing.
Planning Director Andy Epple presented a report on this application. He briefly sum-
marized the proposal, noting that the total business expansion would be in the amount of
$779,000, with $300,000 of that to be funded through the Community Development Block Grant
monies. He indicated that $21,000 in administrative costs would be added to that project, for a
final total of $800,000.
Mr. Epple stated that the project will create 58 new jobs in the community, 43 of which
wi II be avai lable to low- and moderate-income persons. He indicated that 74 percent of the Com-
munity Development Block Grant monies for this project would directly benefit low- and moder-
ate-income households, which makes this application competitive. He noted that this application
is for a loan; therefore, the monies would be repaid to the City and would be available for fu-
ture economic development projects.
Mr. Epple briefly reviewed the process that has been completed to date. He noted that
the Loan Review Committee did review the proposals submitted for consideration, after which
they recommended that the Commission support this application. He indicated that substantial
public involvement has gone into the development of a community needs assessment, which has I
been updated and included in this application. He noted this is the final public hearing in the
process, and the deadline for applications is Friday, February 19.
Mr. Larry Johnson, President of I LX Lightwave Corporation, stated he feels good about
this proposal, noting that he hopes to exceed the numbers listed. He indicated that he is com-
fortable with the application as prepared and urged the Commission's support.
Mr. Don Weaver, 2404 Spring Creek Drive, stated he has worked with Mr. Johnson and
has found him to be a competent person in his field. He noted that as the former director of
engineering research at MSU, he reviewed several technical proposals and feels that this is one
of the best applications he has seen. He noted that Mr. Johnson is a competent manager, as
well as being technically competent and dedicated to his business. He then urged the Com-
mission to support this application.
City Manager Wysocki read a letter of support from the Chamber of Commerce and asked
that it be submitted as a part of the application.
Mayor Stiff reviewed a letter of support from the County Commissioners, noting they have
decided not to support any application that would conflict with this application.
No one was present to speak in opposition to the application for Community Development
Block Grant economic development monies, as requested by I LX Lightwave Corporation.
Mayor Stiff closed the public hearing.
Commission Resolution No. 2689 - authorizing submittal of application for CDBG monies
City Manager Wysocki presented Commission Resolution No. 2689, as reviewed by the City I
Attorney, entitled:
COMMISSION RESOLUTION NO. 2689
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON-
TANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MON-
TANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK
GRANT MONIES.
The City Manager recommended that the Commission adopt this Resolution, authorizing sub-
mittal of the application considered in the above agenda item.
02-16-88
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Commissioner Martel asked if the application will be ready to submit by the deadline.
Mr. Larry Johnson, President of I LX Lightwave Corporation, stated that he has been
working with Planning Director Epple; and the last-minute details are falling into place. He in-
dicated there will be no problem with having the application in Helena by the Friday deadline.
It was moved by Commission Hawks, seconded by Commissioner Vant Hull, that the Com-
mission adopt Commission Resolution No. 2689, authorizing submittal of the application for Com-
I munity Development Block Grant economic development monies, as requested by I LX Lightwave
Corporation. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and
Mayor Stiff; those voting No, none.
This was the time and place set for the public hearing on the Conditional Use Permit re-
quested by the Recreation Advisory Board and the City-County Planning Staff to allow develop-
ment of a linear park in the R-O, Residential--Office, R-2, Residential--Single-family Medium-
density, R-3, Residential--Medium-density, R-4, Residential--Medium-density Apartments, RS-l,
Residental--Suburban, one-acre minimum, and PLI, Public Lands and Institutions, Districts.
The subject site is described as Parcel III, Film 29, Page 4612 of the microfilm records in the
Gallatin County, Montana, Clerk and Recorder's Office, located in Section 13, Township 2 South,
Range 5 East and Sections 7 and 18, Township 2 South, Range 6 East, Montana Principal Meri-
dian. The site is commonly known as the abandoned Chicago, Milwaukee, St. Paul and Pacific
Railroad right-of-way located between the intersection of South Church Avenue and East Story
Street and the intersection of Kagy Boulevard and South Third Avenue.
Mayor Stiff reopened the continued public hearing. He indicated the City has received
letters of support from Malcolm C. Story, the Museum of the Rockies, and Dick Pohl, landscape
architect.
I Community Development/ Zoning Administrator Ron Brey presented the Staff Report. He
indicated that this Conditional Use Permit would allow development of a linear park on a portion
of the abandoned Milwaukee Railroad right-of-way. He noted that under this proposal, bollards
and signs would be placed near major intersections to warn users of the park of vehicular traf-
fic. He stated that crosswalks would also be painted on the streets to warn motorists of poten-
tial pedestrians. The Planner indicated that interpretive signs, plantings and benches would al-
so be located at strategic points in the park. He noted that development of the park would also
be located at strategic points in the park. He noted that development of the park would be
done in a manner that would enhance the users' appreciation of the natural environment. He
stated that lighting was considered; however, it was determined that lighting would be a greater
imposition on the adjacent property owners than a benefit for the park.
Planner Brey briefly reviewed the history of this item. He noted it was initially submit-
ted to the Zoning Commission in September 1987; and at the applicant's request it was continued
until October. He stated that concerns raised during that public hearing included completeness
of the application, the liability of adjacent property owners, maintenance of the park, pedes-
trian/vehicular conflict, patrolling and security, and delineation of park boundaries. He indi-
cated that another concern raised pertains to the four-foot restriction on the height of fences;
however, that issue must be address through the zone code amendment process rather than
through the conditional use process. The Planner then indicated that the public hearing to be
held before the City Commission was delayed through issuance of a temporary injunction; how-
I ever, Court action has since given the City the authorization to proceed with its process.
Community Development/Zoning Administrator Brey stated that the Zoning Commission did
recommend approval, subject to five conditions, following its public hearing. He then briefly
reviewed those conditions, noting that Phases I and II are to be completed within eighteen
months and Phase III is to be completed within thirty-six months.
Commissioner Vant Hull noted that Condition No. 3 refers to issuance of a building per-
mit, which will not be necessary for this project. She then suggested that the phrase be delet-
ed; and the Planner concurred that it could be.
Mrs. Amanda Cater, Chairperson of the Recreation Advisory Board, stated that the Board
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76
started working on this project last year after Dick Pohl's class at MSU completed its plan. She
noted that the Board worked with various users and user groups to develop a plan that would
be acceptable. She also indicated that various groups have indicated a willingness to cooperate
in development and maintenance of the park.
Mayor Stiff asked if the time periods for development are realistic.
Mrs. Cater stated that the Board feels the time periods are reasonable and allow time for
community participation. I
Ms. Joanne Jennings, member of the Recreation Advisory Board, indicated she has been
involved since the process of acquiring the Milwaukee Railroad right-of-way began in 1981. She
stated that she has received literature indicating that 370 miles of the abandoned Milwaukee
Railroad right-of-way has been converted to running, biking and skiing trails. She noted that
the proposed linear park will help to restore life to the abandoned railroad corridor and will be
an area for residents to enjoy.
City Manager Wysocki assisted the Recreation Advisory Board in its presentation. He
gave a brief history on the acquisition of the Milwaukee Railroad right-of-way, noting that in-
dividual property owners were given an opportunity to purchase a 17. 5-foot strip along their
property prior to the City's acquiring that portion under consideration at this time. He noted
that on December 15, 1986, the City Commission authorized release of funds to purchase the re-
maining portion of the right-of-way and further authorized expenditure of up to $3,000 for safe-
ty improvements. At that time, the Commission also directed the staff to proceed with the neces-
sary steps to declare this parcel as a linear park.
The City Manager stated that under this proposal, a 5,800-foot trail would be developed
within the center fifteen feet of the railroad right-of-way, allowing the area to remain as natural
as possible. He noted that benches would be placed in wider spots in the trail where determined
appropriate. He indicated that bollards would be placed at entry points to the trail to deter
vehicular traffic; however, those bollards should allow handicapped access. He then suggested
that if the Commission does wish to approve vehicular access, it be done only at restricted and
established times. I
City Manager Wysocki then stated that the Recreation Advisory Board and the City staff
agree to the conditions recommended for approval of this application.
Commissioner Martel noted that at the Zoning Commission public hearing, several concerns
were voiced that were not addressed in the conditions originally proposed, including access to
the rear yards. He also noted that overhead utilities are located in the right-of-way; and those
companies must have access for maintenance purposes.
Planner Ron Brey noted that prior to the Zoning Commission meeting, none of those con-
cerns had been expressed. He noted the City Engineer has reviewed the concerns expressed
about utilities and has been unable to identify any problems with utility easements. He indicated
that the Planning staff did have concerns about access for emergency vehicles; however, the
Chief of Police and Fire Marshal have indicated they have adequate access to the parcels in-
volved as they are currently developed.
Commissioner Martel stated he feels vehicular access and utility easement access are im-
perative, since they are excluded under park regulations, particularly along that portion that
lies southwesterly of South Willson Avenue. He noted the physical configuration of that portion
of the right-of-way is different from the northerly portion. The Commissioner then questioned
the feasibility of providing handicapped access along the entire park, noting the cost could be
prohibitive.
Mayor Stiff noted that those who have lived with a handicap learn that full handicapped
accessibility is not possible; however, they accept whatever access is available.
Commissioner Vant Hull indicated that she shares Commissioner Martel's concern about ac- I
cess to the back yards. She noted the property owners are accustomed to gaining access to the
rear yards along the right-of-way and suggested that such access be allowed to continue.
City Manager Wysocki reminded the Commissioners that they may place additional condi-
tions on approval if they so desire. He then noted that the Planning staff must review and ap-
prove the final site plan, including the bollards and placement of benches, prior to development
of the park.
Mr. Ed Anacker, 1905 West College Street, indicated he is President of the Big Sky Wind
Drinkers, an organization of 200 people. He stated the group supports the proposed develop-
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77
ment of the linear park and urged the Commissioners to approve this application.
Mr. Don Weaver, 2404 Spring Creek Drive, stated he is Chairman of the Sourdough Trail
Committee of the Bozeman Rotary Club. He indicated the Sourdough Trail concept started in
1977 . He noted that the Rotary Club did submit plans for development to the Recreation Super-
intendent over a year ago that included (1) improvements to bridges by installing planking and
railings, (2) improvement of the road bed and (3) installation of gates at both ends. He noted
I that the Rotary Club did improve the bridges, with the project being completed in May; and the
City has done some improvements to the road bed, although that portion is not yet complete. He
then encouraged the Commission to approve this application. He further suggested that the Com-
mission may wish to consider extending the park north to Lindley Park at some point in the fu-
tu re.
Mr. Mick Hager, 108 Silverwood Drive, indicated he is Director of the Museum of the
Rockies. He read the letter of support which had been submitted by the Museum, suggesting
that the linear park be extended from the intersection of Kagy Boulevard and South Third Ave-
nue to the parking lot for the Museum. He indicated that the Museum Board and staff feel that
the park and the Museum will complement each other; and the Museum parking lot will provide a
parking area at one end of the trail while Bogert Park provides parking at the other end. Mr.
Hager stated that the Museum will be dedicated in 1989 as a part of the Centennial and sug-
gested the City may wish to dedicate the linear park at the same time.
Mr. Doug Haberman, 2629 West Babcock Street, stated he works for the Fish, Wildlife and
Parks Department, dealing with parks on a regular basis. He noted that development of linear
parks is a nation-wide trend, especially along abandoned railroad beds. He stated this project
has gained community-wide support and encouraged the Commission to approve the application.
He noted that development of the park will enhance property values.
Mr. Steve Wei I, 8936 River Road, member of the Recreation Advisory Board, noted a lot
of planning has gone into this proposal. He noted many user groups, the Museum, the Univer-
sity and the Park Superintendent have been included in developing the plan; and the concerns
I expressed by the various people have been addressed. Mr. Weil stated that all of those that
have been involved in the planning process agree it is important to maintain as natural a setting
as possible along the linear park. He then encouraged the Commission to approve this appli-
cation and officially designate this area as a linear park.
Mrs. Ann Banks, 7 Hill Street, stated she uses the linear park about twice a week, not-
ing it is an enjoyable area in the community. She noted that to extend the trail to the Museum
would enhance both facilities. She then stated that the League of Women Voters Study Committee
has been updating its position on parks and recreation and does support this application. Mrs.
Banks then encouraged the Commission to limit vehicular traffic in the linear park, noting that
to allow vehicles in an area where such are usually prohibited can create safety problems for pe-
destrians.
Mr. Mike Reichman, 2904 Langohr, stated he is President of the Bozeman Area Chamber of
Commerce. He stated that when the linear park was discussed some time ago, the Chamber sub-
mitted a written policy statement in support of the project and reiterated that support at this
time. He noted that the linear park could be a tremendous asset to the area, linking the com-
munity with the Museum.
Ms. Jeanne Eggert, 316 North Western Drive, indicated she is Chairman of the Bridger
Nordic Ski Club. She noted the linear park provides an opportunity for cross-country skiers to
practice in a unique setting and encouraged Commission approval.
Mr. Ken Karsmizki, 1665 Nelson Road, indicated he is curator at the Museum. He stated
support for the proposal, noting parks are important to the quality of life. He further noted
I the linear park would provide an educational opportunity, indicating that he would be willing to
donate time in developing interpretive signs for the park. He then reminded the Commission
that, although the concept of the linear park is unique in Bozeman, it is not unique in the coun-
try or in the world.
Mr. Cliff Davis, 1616 South Third Avenue, indicated he lives approximately 20 feet from
the linear park. He indicated support for the proposed development of the park, noting that he
has been conducting bird identifying tours in the community for 45 years, for himself as well as
the University and the Audubon Society. He noted that the area along this park is good for
bird identification tours, especially with the different mature vegetation in different areas of the
02-16-88
78
park. He noted that with parking areas at both the Museum and Bogert Park, there should be
little or no litter in the park. Mr. Davis then encouraged Commission support of the proposal.
Mr. Paul Brown, 1624 South Third Avenue, indicated he still has some concerns about the
proposed park. He noted vehicular traffic along the abandoned railroad right-of-way has never
been a problem; and he objects to barriers being installed. He stated he would like to have ac-
cess to his garden area located in the back yard whenever he wants.
Mr. Jason Clark, 46 Glacier Court, representative of the MSU Student Chapter of AGC I
stated the organization is looking forward to development of the park. The AGC has indicated a
willingness to construct park benches for the park, noting that they are to be located in areas
overlooking open spaces rather than adjacent to developed lots. Mr. Clark then requested Com-
mission support of the project.
Mrs. Sandy Colvard, 428 East Story Street, stated she is an adjacent property owner.
She stated that she has conveyed support for the proposed linear park both in writing and ver-
bally. She noted the park provides an assurance of privacy rather than being an invasion of
her privacy. She indicated that she enjoys using the park as well as observing the activities
which take place in it. She then encouraged the Commission to support the application, noting
it should consider the best interests of the majority of the community rather than respond to the
interests of a few.
Mrs. Joan Montagne, 1105 South Tracy Avenue, stated support for the linear park. She
then questioned whether Commissioner Martel can vote on this item or does a conflict of interest
exist.
Mr. Bob Lee, 2010 Fairway Drive, stated he has spent time and energy on plans for devel-
opment of the park through the Rotary Club, noting it is a fascinating project. He then encour-
aged Commission support, not only for this portion of the linear park, but for future continu-
ation of the park as well. Mr. Lee then stated that he feels Commissioner Martel has raised
some legitimate concerns that should be addressed either through specific conditions or devel-
opmental guidelines prior to final site plan approval. He also indicated support for allowing
vehicular traffic to use that portion of the trail lying southwest of South Willson Avenue, noting I
that he does not believe that would interfere with normal activity in the park.
Mrs. Daria Joyner, 1461 Tubb Road, indicated that as a past member of the Recreation
Advisory Board, she has been involved in planning for the development of the park. She also
noted that as Executive Vice President of the Bozeman Area Chamber of Commerce, she feels the
linear park would help provide the type of feature that could attract individuals to Bozeman or
to stay longer. She then encouraged Commission support of the application.
Break - 8:37 to 8:44 p.m.
Mayor Stiff declared a break from 8:37 p.m. to 8:44 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
-Coun-
zon-
Mr. Joe Gutkoski, 304 North 18th Avenue, indicated he is a landscape architect planner.
He submitted a written statement of support for the linear park. He noted that the Milwaukee
Railroad right-of-way has historic significance that should be preserved.
Mr. Jody May, 1219 South Tracy Avenue, stated he is an adjacent property owner; and
he fully supports the proposed linear park.
Mr. AI Thomas, 1211 South Black Avenue, stated support for the linear park. He then
asked if everyone will be allowed to use vehicles on the linear park, particularly that portion I
lying southwest of South Willson Avenue. He noted the area should be either opened or closed
to traffic.
Mr. Larry Pendleton, new member of the Recreation Advisory Board, stated he uses the
linear park. He then encouraged Commission support of the proposal.
Ms. Freida Johnson, 3838 Candy Lane, indicated she is the director of the Nordic Ski Pro-
gram training for the high school. She noted that the students do use the linear park for cross-
country ski practice and encouraged support of the application.
Mrs. Sue Harkin, Recreation Superintendent, stated that she has received a letter of sup-
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79
port for the linear park from Ms. Mary Murphy, coach for the BSHS cross-country running
team. She further noted that the group has offered its support in developing and maintaining
the trai I.
Mr. Herbert Kirchhoff, 1542 South Grand Avenue, stated that the block of abandoned rail-
road right-of-way between South Wi IIson Avenue and Kagy Boulevard is much different from that
portion to the north; and those differences should be considered. He noted that is the only
I section that is developed on both sides. He then stated this proposed park has no natural
boundaries, such as a street or creek; therefore, park users don't know if they are in the park
or on private property since the park is from fifteen to fjfty feet wide. He noted that the users
of that portion of the park will be looking into people's back yards at their compost piles and
gardens rather than at beautiful scenery. He also indicated a desire to maintain the privacy he
has.
Mr. Kirchhoff stated that the railroad right-of-way crosses South Willson Avenue at an
angle; and that could create safety problems for those using the linear park as well as motor-
ists. He noted that the loss of a life in that area could ruin the enjoyment of that facility. He
then indicated in the initial plan for development of the linear park, it followed the railroad
right-of-way to Langohr Park, then crossed the park and then to Graf Subdivision. He stated
that plan was better, avoiding the treacherous crossing at South Willson Avenue.
Mr. Kirchhoff then stated that usually not more than five people use the southern portion
of the railroad right-of-way in a day, indicating there seems to be a lot of time and money
wasted for so few people's benefit.
Mr. Ron Newville, 1536 South Grand Avenue, stated he has raised several questions about
this matter. He indicated it is his understanding that the right-of-way has not been designated
as a park. He noted he was one of those who filed the action in District Court, costing him
money to protect his property rights. He indicated that he has pleaded with the Commission to
consider the property owner's concerns; but he feels he has not been heard. He stated some
vehicular traffic currently uses the railroad right-of-way. He then indicated that he has ques-
I tioned how the area is to be pol iced; however, he has received no response. He also indicated
that noxious weeds have grown in the right-of-way; but they have not been sprayed.
Mr. Newville stated that the southern portion of the right-of-way has received limited
use, noting that five or six people may use it each day during the summer. He then questioned
crossing Kagy Boulevard and South Willson Avenue on the trail, noting the liability should be
considered. He also questioned the utility easement issue, City liability for accidents in the
park, the funding power for development and maintenance of the park in light of the current
economic situation, security for the adjacent property owners, and whether the City actually has
title to the railroad right-of-way.
Mr. Ron Newville also expressed concern that the conditional use permit could be perma-
nently renewed without a review being conducted after eighteen months to make sure that all of
the conditions for approval have been met. He also questioned whether the park will be prop-
erly maintained once it is developed.
Mr. Newville then reminded the Commission that he submitted a petition, signed by 70
percent of the adjacent property owners between South Willson Avenue and Kagy Boulevard, in-
dicating that they wanted no restrictions placed on their property.
Mr. Stanley Tryon, 1505 South Wi IIson Avenue, stated his main concern is privacy, noting
that any fence along the linear park may not be over four feet high. He indicated that he did
purchase the 17.5 feet of right-of-way when it became avai lable and is paying taxes on that prop-
erty, even though his use of that property has been restricted. He also expressed concern
about the safety of park users crossing South Willson Avenue.
I Commissioner Martel asked Mr. Anacker if the Big Sky Wind Drinkers have any intersec-
tion monitors while using the linear park for various activities.
Mr. Anacker indicated that the individual runner takes responsibility for crossing the
street in a safe manner. He noted that as a race gets underway, the runners get strung out
and cross in a staggered manner. He then noted that recreational runners often run on streets,
encountering crossings that are as dangerous or more dangerous than the South Willson Avenue
crossing.
Mr. AI Thomas asked what happens to the railroad right-of-way if this application for de-
velopment of the linear park is not approved.
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80
City Attorney Bruce Becker noted the land would remain in public trust; and the City
would then be responsible for determining its use. He indicated that any sale of the property
must be placed before the voters for approval.
Mr. Kirchoff stated that most of the residents between South Willson Avenue and Kagy
Boulevard would be willing to purchase the 25 feet of right-of-way to the center.
Commissioner Hawks asked Mr. Tryon if he would be willing to sell the portion of right-
of-way he had purchased back to the City if that option became available. I
Mr. Tryon indicated he would sell it back as long as the City pays for those improve-
ments which he has made on the property as well.
Mr. Ron Newville stated that he had offered before to purchase the 25-foot portion of
right-of-way but was unable to do so. He also asked when the City obtained title to its portion
of the right-of-way.
City Manager Wysocki briefly reviewed the history of acquiring this right-of-way. He
noted the process started in the early 1980's when John Scully was named the trustee for the
railroad. He indicated that the adjacent property owners were given an opportunity to purchase
the 17.5-foot portion; and after a response time, the City was notified it could purchase the re-
maining portion. He noted that the Commission did authorize payment at its meeting held on De-
cember 15, 1986; and the process was completed in early 1987.
Commissioner Martel questioned whether the subject right-of-way can become a park un-
less it is zoned as such.
Planner Ron Brey stated that the right-of-way must go through the conditional use pro-
cess for park designation in five of the six zones through which it traverses. He noted once a
conditional use permit is granted, it remains as a park as long as all of the conditions are met.
The Planner then reminded the Commission that this process could be sidestepped by going be-
fore the Board of Adjustment; however, a conscious decision was made to follow this process to
allow public input.
City Manager Wysocki reminded the Commission that very few of the existing developed
parks in town are zoned PLI, rather most of them carry the residential zoning of that area. I
Mr. Mike Lesnik, 302 Sunset Boulevard, stated that he uses the linear park on a weekly
basis. He noted that he runs at 5: 30 a.m. and has no problem with traffic while crossing the
street. He indicated, however, that he sometimes has problems with the piles of trash that are
being dumped in the park corridor.
Mayor Stiff closed the public hearing. A decision will be forthcoming in one week.
Commissioner Martel stated that several issues and concerns should be addressed prior to
making a final decision on this item. He then responded to Ms. Montagne's inquiry by indicating
that he plans to exercise his right to vote on this item.
Adjournment - 9: 48 p. m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant
Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those
voting No, none.
ALFRED M. STIFF, Mayor
ATTEST: I
ROBIN L. SULLIVAN
Clerk of the Commission
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