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HomeMy WebLinkAbout1988-02-16 c,. 67 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 16, 1988 ************************ 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 02-16-88 68 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. 02-16-88 . 69 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 02-16-88 70 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- 02-16-88 . 71 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- 02-16-88 72 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. 02-16-88 . 73 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. 02-16-88 74 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 . 75 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 02-16-88 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- 02-16-88 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- 02-16-88 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. 02-16-88 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 02-16-88