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HomeMy WebLinkAbout1982-02-22 3~ fit.... ,~':, MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 22, 1982 **************************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 22, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of February 17, 1982 were approved as corrected. Mayor Stiff stated that he had received a request from the Commissioners to remove the Fire Department Report for 1981 from the Consent Items. The Mayor acknowledged this request and removed the report from the Consent Items, to be discussed just prior to entering the Consent Items. Staff recommendation ~ Renovation of Old Public Library City Manager Evans presented the Staff recommendation, for acceptance of the bid submitted by Gallatin Construction (Dennis Davies), Bozeman, Montana, in the amount of $96,158.00, it being the lowest bid received. The City Manager noted that Mr. Davies had done quite a large amount of renovation work in Illinois. Mr. Davies feels that he can do the I work for the amount which he bid, and is ready and willing to begin the work. City Manager Evans noted that one major contractor in Bozeman made the observation that the City got a $12,000.00 bargain in the low bid. He noted that the bid is very reasonable. The City Manager stated that the bids were slightly higher than originally anticipated and recommended that the Commission waive the customary permit fees, which would be approxi- . mately $870.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission accept the bid of Gallatin Construction (Oennis Davies), Bozeman, Montana, in the amount of $96,158.00 for the renovation of the Old Library Building, and that the Mayor be authorized to sign the contract for this project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request for transfer of $6,550.00 from the operating budget to the Old Library Renovation Project City Manager Evans noted that the bids for renovation of the Old Library Building had exceeded the amount within the Library Bond Issue (construction fund). The City Manager I further noted that when the budget was prepared, monies were budgeted for bui Iding maintenance and operations because it was felt that this bui Iding would be occupied for a portion of this fiscal year. As the renovation is scheduled for completion on June 30, 1982, any operations costs wi II be incurred during the next fiscal year. Therefore, the City 313 Manager recommended that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer $6,550.00 from Old Library Operations to the Old Library Renovation (construction fund). It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer I the amount of $6,550.00 from the Old Library Operations Budget to the Old Library Renovation (construction fund) Budget. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Com- missioner Weaver and Mayor Stiff; those voting No, none. Request - Bozeman Alliance for a Nuclear-Free Future - march and rally - April 3, 1982 City Manager Evans presented to the Commission a request on behalf of the Bozeman Alliance for a Nuclear-Free Future for a march and rally to be held on April 3, 1982. The City Manager stated reservations about blocking off Main Street for one and one-half hours during a heavy traffic period. He noted that the Chief of Police stated that the proposed march and rally would be a burden on an already undermanned Police Department and concurred in the recommendation for denial of the request. The City Manager recommended that the Bozeman Alliance for a Nuclear-Free Future pursue the possibility of an alternate route for the march. Commissioner Mathre suggested that the morning may be better because of the possi- I bility of less traffic on Main Street. Commissioner Vant Hull noted that a march was conducted in the early 70's on the Vietnam issue and a parade was held in the late 70's opposing the low farm prices. Both of these were orderly and created no problems. Mr. Howard Busching, representing the Bozeman Alliance for a Nuclear-Free Future, stated that the march on Main Street from Eighth Avenue to Rouse Avenue should not take more than twenty minutes. At the time the letter was written, he was not sui-eo'of the exact time, so allowed an ample amount of time. He noted a willingness to work with the Police De- partment and to give them an accurate schedule, to which they would then adhere. Mr. Busching stated that they wish to avoid any inflammatory problems; and further stated that those in the group will be schooled in discipline and trained not to respond to any form of harrassment. Commissioner Weaver noted that the Constitution gives the citizens the right to assemble, but does not refer to any inconvenience caused. The Commissioner noted that the Commission's responsibility is to balance the inconvenience. Commissioner Weaver then asked if that much of Main Street is necessary for the march. He also suggested the possibility of I Sunday rather than Saturday. Mr. Busching noted that they want as much exposure as possible. He further stated that on Sundays the downtown area is deserted. Commissioner Mathre suggested the possiblity of granting the request, but changing the time from 1 :00 p.m. to 10:00 a.m., to be disbanded before noon. 3 '. :- ~ ... ,- ~ ~ City Manager Evans stated that he does not feel the time is critical. He noted that the City will be faced with the same Police problem, and will have to pay a minimum of two hours overtime to four police officers. Commissioner Mathre stated that she had previously suggested the City issue parade permits. She asked if this could be a possibility for future parades. City Manager noted that this could be considered. He stated that a cost could be as- I sessed to the parade permit requests. The City Staff wi II review the matter. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of the Bozeman Alliance for a Nuclear-Free Future for permission to conduct a march and rally on Apri I 3, 1982, beginning at 1: 00 p. m, and that the Chief of Police be authorized and directed to schedule police officers to escort the march and monitor the rally. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Incentive Awards Program - Committee recommendation Mayor Stiff noted that the Commission had received the draft of the I ncentive Awards Program at the beginning of the meeting and asked if they desired one week in which to study the draft prior to discussion and possible adoption. The Commission indicated a desire to discuss the draft at next week's meeting. Mayor Stiff noted that this draft is much shorter than the original draft. He noted I that the basic premise of this draft is to avoid any implication this program will be continued after June 30, 1982. He further noted that the Committee which developed this draft felt that Rich Schlegel did an excellent job on the first draft, and wi II provide the basis for the program if it is continued after June 30,1982. The Mayor then requested that this item be placed on next week's agenda for discussion. Discussion of Annual Fire Department Report for 1981 City Manager Evans noted that this item had been removed from the Consent Items at the request of two Commissioners. Commissioner Anderson asked if the maintenance program is fully budgeted, or if it is running in the red. She also asked why Simmental and Covered Wagon Mobile Home Park do not pay for fire protection, but are located outside the city limits. City Manager Evans noted that the maintenance program is running in the red. He stated that sometimes the trucks break down, and they must be repaired to provide the fire protection necessa ry to the residents. The City Manager stated that the decision to provide fire protection to Simmental and Covered Wagon Mobile Home Park at no cost was made several I years ago. City Manager Evans stated that anyone living outside the corporate limits of the City may contract with the City to receive fire and/or police protection, and he definitely feels that those requesting such services should pay at the same rate as those residents inside the city limits. The City Manager noted that contracting for such services is legal under the State statutes. 315 City Attorney Planalp stated that the City Staff must review all Commission minutes and agreements in an attempt to find any written policy on this matter. The Commission may then review the matter and determine whether or not it desires to continue this policy. City Manager Evans stated that Assistant City Manager Barrick had begun a preliminary review of the Commission minutes and agreements but has found nothing as of I meeting time. He stated that this review wi II be continued during the coming week. Commissioner Anderson asked how much money would be needed and when the Home Training Service could be reinstituted. City Manager Evans stated that three people worked in the Fire Prevention Bureau prior to the layoffs in 1979. Fire Chief Simpson noted that this was a good program. He further noted that the program which was written by employees of the Fire Prevention Bureau is currently being used in the schools. However, there are no longer home inspections or training. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the Annual Fire Department Report for 1981 and commend the Depart- ment on a job well done, and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Commissioner Weaver's comments Commissioner Weaver stated that he feels his comments made at last week's Commission meeting were not in balance. He pointed out that, because of Mr. Sabol's presentation, the Commission has discovered that a clear standard exists and, probably because of the quality of the presentation, the Commission came to understand what that standard is. He noted that the comments, as reported, are not in good balance. He stated appreciation for Mr. Sabol's presentation, and feels that the Commission benefited from an excellent presentation. Set times for more orientation sessions Commissioner Anderson noted that the Commission had discussed at the last orientation session the possibility of covering possibly one topic between the 4:00 p.m. session and the 7:00 p.m. session of certain Commission meetings, provided the 4:00 p.m. session is relatively short. Commissioner Vant Hull noted the possibility of holding orientation sessions following the 4:00 p.m. session of a Commission meeting that is not followed by a 7:00 p.m. session. Mayor Stiff suggested that the Commission set a Saturday morning session in both I March and April, and then review the matter. The Commission set March 13, 1982, from 8:30 a.m. to 12:00 noon for the next orienta- tion session and tentatively set Apri I 17, 1982, from 8: 30 a. m. to 12: 00 noon for the fifth orientation session. 1'1 r:; '~ ...".. ',- Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 2 - $21,600.00 City Manager Evans presented to the Commission a Request for Reimburesment from EPA for the Waste Water Treatment Plant, Step 2, in the amount of $21,600.00. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 2, in the amount of $21,600.00. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to attend - National Fire Academy ~ Emmitsburg, Maryland - May 10-14, 1982 ~ Firefighter Mike Hoey City Manager Evans presented to the Commission a request on behalf of Mike Hoey for permission to attend the National Fire Academy in Emmitsburg, Maryland, to be held on May 10-14, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Mike Hoey to attend the National Fire Academy in Emmitsburg, Maryland, to be held on May 10-14, 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to attend - Clerk of Commission Sullivan - Montana Institute for Municipal I Clerks - MSU - March 22-26, 1982 (Name Suzanne Kaplin as Acting Clerk of the Commission) City Manager Evans presented to the Commission a request on behalf of Clerk of the Commission Sullivan for permission to attend the Montana I nstitute for Municipal Clerks at Montana State University, to be held March 22-26, 1982 and that Suzanne Kapl in be named Acting Clerk of the Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Clerk of the Commission Sullivan for permission to attend the Montana Institute for Municipal Clerks at Montana State University, to be held on March 22-26, 1982 and that Suzanne Kaplin be named Acting Clerk of the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Report - Firefighter Dave Miller - attendance at National Fire Academy - Emmitsburg, Maryland January 5-15, 1982 City Manager Evans presented to the Commission the report submitted by Firefighter I Dave Miller on his attendance at the National Fire Academy in Emmitsburg, Maryland, on January 5-15, 1982. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the report from Firefighter Dave Mi lIer on his attendance at the 317 National Fire Academy in Emmitsburg, Maryland, on January 5-15, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Claims Cia ims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. Commissioner Weaver stated that he would abstain from voting because he has a rather large claim in the listing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye beng Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained. Recess - 5:25 p.m. Mayor Stiff declared a recess at 5:25 p.m., to reconvene at 7:00 p.m. for public interest items. I Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of discussing items of public interest. Public hearinfi - Review of the Performance Assessment Report for the 1979 Community Development lock Grant This was the time and place set for the public hearing for Review of the Performance Assessment Report for the 1979 Community Development Block Grant. Mayor Stiff opened the publ ic hearing. Mrs. Barbara Agocs, Grants Administrator, presented the Staff Report. She requested that anyone present for this item please sign the roster. She then gave a brief background of the $375,000.00 Small Cities Grant which the City received in 1979. Mrs. Agocs presented to the Commission an addendum to the report, showing the disbursements, encumbrances and the projected balance for this Grant (which will be returned to HUD). Commissioner Vant Hull asked if the City could spend these funds, rather then return them to HUD. Mrs. Agocs stated that the City administration and HUD would like to terminate this I program. The City has received several extensions on this Grant to date. City Manager Evans stated that he is anxious to close this grant on February 28. He cannot see that the balance of $9,456.39 would be used for anothing that is of primary impor- tance to the City at this time, due to the restrictions involved. 3~ p ..... "'.1 Mrs. Agocs noted that she does not feel the Report shows what was actually done with these Grant monies. She noted that approximately $57,000.00 was spent from the 1976 HUD Grant for housing rehabilitation because HUD wanted that Grant closed out. Mrs. Agocs then expressed her appreciation for the opportunity to work for the City. She feels that it has been a privi lege. No one was present to speak in support of the Report. I Mrs. Patti Furniss, member of the Bozeman Fair Housing Coalition (Legion Housing, read and presented to the Commission a letter noting disappointment in the administration of the 1979 CDBG monies. She further stated that the residents have had difficulty with some of the City employees in getting documents that are public information. Mrs. Furniss then presented to the Commission a written statement on behalf of Ms. Marcia Youngman. Mrs. Agocs stated that this public hearing is for the purpose of reviewing the Perfor- mance Assessment Report for the 1979 Community Development Block Grant, not a review of all of the complaints which people have. She noted that the comments presented by Mrs. Furniss were out of order. Mayor Stiff closed the public hearing and acknowledged the Performance Assessment Report as prepared. Discussion - Milwaukee Railroad Right-Of-Way Land City Manager Evans stated that the Attorneys in this matter feel the land will revert to the adjacent landowners. The City would have to condemn this land, which would involve I a rather large cost factor. After acquisition of the land, someone will have to maintain the property. City Manager Evans noted that about one and one-half years ago, he attended a meeting with the University, School and County. Everyone was in favor of acquiring property for a linear park, but nobody was in favor of maintaining that property. The City Manager noted that the City has more obligations than can be fulfilled in the future. He noted that certain areas of the Milwaukee Railroad right-of-way could be con- sidered, rather than in total. He noted that the right-of-way adjacent to Lindley Park should be considered, as well as possibly the right~of-way from Kagy to Patterson Siding, which could be used for a future roadway. Mr. John Scully, Attorney, stated that he represents a number of landowners adjacent to the right-of-way who feel that this property wi II revert to them. Mr. Scu lIy then gave a brief history of the railroad. He noted that originally he was hired by approximately 45 people who opposed the proposed Gallagater Park, a linear park located on the abandoned right-of-way. Mr. Scully requested that the City Commission determine what they want to do. He noted that the City had, at one time, indicated an interest in the right-of-way from Main I Street to Story Mill Road as an access and the remainder of the right-of-way for a linear park. He noted that a subcommittee of the Commission was appointed, with notification of desires to be made by the end of January. He noted that from Main Street to Story Mill Road condemnation proceedings have been started. The people along this right-of-way are not 319 interested in having a road in this area. Also, an interstate crossing is difficult to obtain. Mr. Scully also noted that the railroad right-of-way crosses the City streets in three places within a three-block area around Kagy Boulevard. Mr. Scully further noted that a 50-foot right-of-way is not necessary for a linear park, nor is it practical. Mr. Scully also stated that landowners further south have indicated an interest in a I land swap if the City desires to obtain this right-of-way. These landowners also own land along South Eleventh extended right-of-way and would be willing to swap the present right- of-way for a right-of-way further to the west to provide for a portion of South Eleventh Avenue extended from Kagy Boulevard. Mr. Scully noted that some people who have reversionary clauses in their contracts with the Railroad do not want the City to obtain the right-of-way. Some of the peop Ie are will ing to work with the City. He noted that the people are willing to help the Sourdough Volunteer Fire Department and the City obtain the right-of-way adjacent to land which these entities presently own. Mayor Stiff noted that, when the Commission subcommittee met, one of the matters dis- cussed was the possibility of condemning properties to obtain them. Also, the large difference of opinion about a linear park will provide costs to the City other than financial costs. Commissioner Vant Hull asked Mr. Scully what portion of the landowners he represents are within the City limits. I Mr. Scully stated that, after the original 45 people, about 80 more people joined. These people agreed to fund the class action to try to get the land back from the Milwaukee Railroad. Most of the 80 people mentioned above live just outside the City limits. Mr. Scully noted that one alternative would be for the Milwaukee to send a deed for whatever the City wants for the price that they want. If an agreement is reached on the right-of-way, the quit claim deeds would be submitted to the local Court. Mr. Scully then would appear, and the Court would attach the right-of-way to the subdivision and would quiet title. Mr. Scully further noted that any agreement reached to settle the issue between the City and the landowners will be subject to approval by the local Court. City Attorney Planalp noted that the Commission has two alternatives available: ( 1) to wait until the right-of-way is back in the hands of the property owners and purchase the portion desired on warranty deed from them; or (2) purchase the entire right-of-way on a quit claim deed from the Milwaukee Railroad, wait for problems and go through steps to quiet title. The City Attorney further noted that when the City reaches the point of condemnation, the price of the land is the second issue. The first issue is to determine whether or not the City needs the land. I Mr. Scully stated that he represents some of the property owners along South Third A venue. At least two of these parties have indicated an interest in a land swap with the City, following the City.s possible acquisition of the Rai Iroad right-of-way, to provide a possible right-of-way for South Eleventh Avenue extended. Mr. A. Glen White, Recreation Director, gave a brief background on the history of the plans for a linear park within the City. He noted that these plans have been discussed for 3" .~ ., '. 'i, 'I l,,- ~d ."~ more than twenty-five years, and at least four master plans have proposed a linear park. Mr. White noted that both Lindley Park and Langhor Park border along the right-of-way. The Recreation Board also promotes the acquisition and maintenance of the Mi Iwaukee Rai Iroad right-of-way as a linear parkway. Mr. White suggested that the City obtain property to pro- vide a twelve-foot to fifteen-foot wide trai I system if possible. Mayor Stiff asked Mr. White if he knows of any funding sources for this project. I Mr. White stated that federal funding is no longer available. The cash in lieu of parkland funds in the City and the County is available. Also, there is the possiblity of a joint effort, including the City, County, School District and Montana State University. Further, there has been no attempt to raise funds for this project. Quite a few organizations have shown an interest in the development of the linear park system. Mr. White noted that Sourdough Trail was developed by civic organizations. Mr. White further stated that the rai Iroad bridges were left with the understanding that the City would acquire the right- of-way. Commissioner Weaver asked if there are portions of the rai Iroad right-of-way that he is definitely interested in. Mr. White noted that the right-of-way adjacent to Lindley Park had the highest priority. He would like to have the City obtain the right-of-way south from there to Langhor Park and then on to connect with Sourdough Trai I, past Montana State University and then to the property owned by the School District. Mrs. Jennifer Tuthill, President of Big Sky Wind Drinkers, stated that the group sup- I ports the City's acquiring this right-of-way. This would help to keep joggers and bicyclists off the streets. She noted that the adjacent property owners had trains going by their homes, which is a big inconvenience. She stated that the thrust of the proposal is to have non-motorized traffic in this linear park. She feels that this use would be much less over- whelming than the freight trains. Mrs. Tuthill further noted that everyone takes care of Sourdough Trail; and she does not foresee any maintenance expense for the linear park. She noted that the Sourdough Trail is approximately two to three feet in width. The people are not asking for a wide pebbled trai I, but simply a five- to ten-foot wide trai I on which to run. She stated that there is a lot of willingness to help raise monies for this project. Mr. Don Weaver feels that Sourdough Trail is a success. He noted that the City does not maintain this trai I. He runs a mower along it three times during the summer, which only costs him about $10.00 per year. The people using the trai I keep it maintained and clean themselves. Mr. Weaver noted that the Rotary Club helped to construct this trai I. The total cost was approximately $2,200.00; and the work was done by volunteers. Mr. Weaver noted that the dream is to continue the trai I to the north, eventually I ending at Lindley Park. He stated that the acquisition of this right-of-way is an unusual opportunity for the City. He further noted that the impact on adjacent landowners would be in the form of a net asset rather than a net liability. Mr. Weaver then noted a question about whether people would play an adversary role in a community effort. 321- City Manager Evans noted that the City, as a landowner, would be looking at a liability for several miles that it presently does not have. He noted that Sourdough Trai I is on easements, so that liability is not incurred. Commissioner Mathre noted that, if it is possible to obtain an easement, it would not cost the City as much. I Ms. Sarah Helfrich, Physical Education Teacher at Bozeman Senior High School, stated that she has been working with Mr. Clete Daily on a bicycle route through Bozeman. She noted that this linear park is a basic part of the proposed bicycle route. She encouraged the City Commission to realize that people have been supporting this idea for more than twenty- five years, and they still support the idea. Mr. Erhardt Hehn feels that the opportunity to acquire the Railroad right-of-way is a once-in-a-lifetime opportunity. He further noted that the current financial crunch and other problems are transitory. Mr. Hehn stated that this is an opportunity for tremendous community support. He also suggested that the Commission appoint the Community Recreation Director to coordinate the community support for acquiring and maintaining this linear park. Mr. Hehn further noted that the portion of the present linear park that is located in Gardner Park Subdivision was donated, beyond the needs for parkland dedication. He noted that many of the people would be cooperative. Mr. Terry Johnson stated that he lives in Meadowlark Subdivision. His major concern is for the safety of the runners and joggers. He noted the cooperative effort in the forming I of Sourdough Trai I. He feels that people would be willing to cooperate on this linear park as well. Mr. Ted Koterwas, 624 North Tracy, stated his willingness to lend his efforts and work for the construction of a linear park. Mr. Bob Lee stated that he has seen linear parks work in other communities. He a I so noted that this is a once-in-a-Iifetime opportunity. Mr. Lee noted that the most important section of the trail is from Main Street to South Third. This could serve as the nucleus of the trail, to be expanded in either direction. He further stated that a large portion of this property is presently owned by the Milwaukee Railroad. Mr. Erhardt Hehn noted that if the trai I is extended to Goldenstein Lane, when that roadway is redone, the trai I could follow the road, and would then join Sourdough Trai I, forming a loop. Commissioner Weaver asked how much of the land from Lindley Park to Kagy Boulevard is listed on a warranty deed to the Railroad for right-of-way purposes. Mr. John Scully stated that a large number of the parcels are listed on warranty deeds. He noted that the problem which needs to be clarified is what position the City desires I to take on this matter. He noted that he does not see sides on the matter. However, he does need parameters within which to work. He needs this decision as soon as possible. Mr. Carroll Henderson stated that he owns 700 feet abutting the Milwaukee Railroad right-of-way between Garfield and Grant. He presently leases this right-of-way from the Railroad, and read portions of a letter received from the Rai Iroad in January 1978 and one 3 ,!,~' ".111,,,. ..,," received in September 1979, stating that the property would be offered first to the lessee and then to the property owner if the municipal government does not want to purchase the right- of-way. Mr. Henderson noted that this right-of-way provides access to one side of his property. Mr. Henderson further noted that he has control problems and would like to install a fence. However, he is not sure where the property line is; and the City has not decided how much of the right-of-way, if any, it would like to purchase. Mr. Henderson noted that I he would be opposed to the City obtaining the entire 50-foot right-of-way because it would not be maintained. Mr. Henderson does not feel that the proposed linear park is objection- able if it is done properly and motorized vehicles are not allowed. He noted a desire to cooperate with the City and does not feel that the adversary role is necessary. Mr. Henderson did note that the City will have problems in dealing with some of the people, which is unfortunate. Mrs. Joan Montagne, 1105 South Tracy, stated agreement with what has been said. She noted that a lot of conflict with adjacent landowners can be averted with a fence on both sides of the parkway. She feels that this linear park would be used by many people. Mrs. Peg Hines, 1011 East Curtiss, stated that someone should be responsible for organizing a group to try to obtain information that would be helpful to the City Commission in making its decision on this matter. She suggested that a definite plan be establ ished. She noted that many of the adjacent landowners support the proposed linear park. Mr. Paul Brown, 1624 South Third, noted that his property abuts approximately 250 feet of the right-of-way. He stated that he would not object to the City obtaining ten to I fifteen feet for a linear park. He stated that during the past summer, he removed much debris from the right-of-way and planted some grass. He would like to see this right-of-way maintained. Mrs. Barabara Kurk, 2221 South Third (southwest corner of Third and Kagy), stated opposition to the City's acquiring any portion of the right-of-way for a linear park. She noted that joggers presently go by with dogs, which create messes, and young chi Idren play in the area and have started fires. She also noted that the Police Department is under- manned at the present time, and the I inear park would create more problems for them. She further stated that the City would incur great expense in fencing the linear park on both sides. Mrs. Kurk noted that their property is presently fenced; and they have a rever- sionary clause on their property. Commissioner Vant Hull suggested walking the Sourdough Trai I. She noted that one might find more concerned people than the hit and miss way, where no one feels responsible. Mrs. Kurk stated that if the linear park saves one child's life, it would be worth it. Mrs. Maxine Penttila stated that she is concerned about the crossing on Church Avenue. She also asked if the City would fence both sides of the linear park from Church I Avenue to Main Street. Finally, she noted that the Burlington Northern presently leases a section of the right-of-way from Church Avenue to Main Street. She stated that another railroad has the first priority on disposition of the Milwaukee Railroad right-of-way. 323 Mrs. Joan Montagne noted that the linear park would be a great Centennial project for the City. City Manager Evans stated that the City Commission must make a decision on acquisition of the right-of-way and how much property is desired. The City Manager noted that he feels the linear park is a good idea; however, he must also assess the costs involved in acqui ring I and maintaining the land. He stated that the City does not have the money to fund such an idea. If public groups could take over the project, it would be a possiblity. City Manager Evans further noted that the City would have a great liability for a linear park. He stated that the City should consider all of the charges which would be involved in the acquisition, construction, fencing, policing and maintenance of the proposed linear park. Mr. John Scully stated that he had agreed to respond with an offer of settlement by the end of January. He stated that a decision by the City Commission may get the Milwaukee Railroad off dead center and doing something. Mr. Scully stated that he must respond immediately, so he will leave out all land within the City limits and deal with it in a separate letter. Mayor Stiff asked if it is feasible to consider easements for the park. City Attorney Planalp stated that the City presently has utilities across private property. He noted that the City must look at what other uses might be, the term of the easement and the compensation for the easement. The City Attorney stated that he would not be comfortable with obtaining an easement from the Railroad. I Mr. Scully suggested that the City Commission ask Mr. Glen White to call the Milwaukee Railroad and get the costs for acquisition of the Railroad right-of-way. He noted that the figures which the City is presently using were from two years ago. Commissioner Vant Hull suggested that people from the interested groups may wish to speak with the landowners during the next two weeks to determine their feelings about giving the City a fifteen-foot easement for a linear park. Mrs. Dave Tudor stated that she has the names of all of the property owners from Story Mill Road to Main Street. She stated that she has spoken with all of these people. They want the matter settled, and they all want the enti re right-of-way. These property owners presently hold condemnation proceedings on the right-of-way. Mrs. Tudor stated that if the City is interested in this portion of the right-of-way, they must condemn the property after it is returned to the present property owners. City Manager Evans stated that any commitment of City staff time would be limited to the Recreation Department. He does not feel that it is the City's position to organize the volunteer groups. He feels that the citizen groups should organize themselves and carry the ball. The City Manager stated that the Recreation Board could organize the volunteer I groups, but he does not want any promotion of controversial items by the City staff. Commissioner Vant Hull noted that the City presently has the entire matter on "hold" until it determines what portion of the right-of-way it wants. She noted that th is position could be used in an attempt to reach a compromise with property owners to obtain a fifteen- foot right-of-way adjacent to their property. 3~-- I , f ~ t' .. .... Mr. Scully stated that under the 4-R Act, first priority for the right-of-way is to maintain a transportation corridor; and the second priority is to any public entity, which includes a municipal government. Commissioner Vant Hull suggested not purchasing any land. She suggested making an agreement, exchanging the right of the City to obtain the entire right-of-way for a fifteen- foot easement. I Mr. Scully stated that he feels this idea has merit, but he does not think that either the City or the property owners wi II get the land at no cost from the Mi Iwaukee Rai Iroad. He feels that the easement question is misleading. Mr. Scully noted that, if the City is dealing with adjacent landowners who have just purchased the right-of-way from the Mi Iwaukee Rai Iroad, they will probably request payment for an easement. He further noted that the City would be able to diminish a portion of the opposition by selecting certain boundaries for the pro- posed linear park. Mr. Scully further noted that he is not a friend of the Milwaukee Railroad, but he wi II work with Glen White to obtain information. City Attorney Planalp noted that Mr. Scully is in a unique position. He stated that information Mr. Scully can get for the City could create problems for his other clients. The City Attorney noted that the City should deal with the property owners after they obtain the right-of-way, rather than with the Mi Iwaukee Rai Iroad. Mr. Scully suggested that the volunteer groups gather two types of information during the next two weeks: (1) how much the Railroad wants for the right-of-way from Lindley Park to Kagy Boulevard; and (2) the names, addresses and telephone numbers of the landowners, I and contact these landowners to see if they would consider a fifteen-foot linear parkway. Commissioner Vant Hull noted that the City can get the price of the right-of-way from the Railroad, but that does not mean that the City must pay that amount. City Attorney Planalp noted that the City must obtain as much information as possible and disseminate that information. He noted that the City may be able to help the landowners in obtaining this right-of-way. He stated that at the present the City can deal in information exchanges. Mayor Stiff instructed the City Manager to assign duties to various people, including contacting the Milwaukee Railroad people to get the cost of purchasing the right-of-way from Lindley Park to Kagy Boulevard. He further requested that this matter be placed on the agenda for March 8, 1982, for further discussion. Mr. Scully noted that the 4-R Act has a time limit. That time was up on June 20, 1980, and the Milwaukee Railroad voluntari Iy extended the deadline to December 19, 1980. Mr. Herbert Kirk noted that acquisition of the right-of-way is the most important factor. He stated that maintenance has also been discussed. He noted that Kirk's Hill, located on South Nineteenth Avenue, has been maintained for several years by volunteers. I He feels that volunteers would take care of the maintenance in the linear park as well. 325 Adjournment - 10: 25 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- jou rned. The motion carried by the following Aye and No vote: those voting Aye being .~ Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre I and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I