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HomeMy WebLinkAbout1999-05-24 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA May 24, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, May 24, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Agenda Meetina - for reaular meeting and public hearinas to be held on June 7, 1999 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (5 ) Assistant City Manager Brey noted that, in response to the Commission discussion at last week's meeting, staff has prepared a revised ordinance for consideration. He stated that under the revised ordinance, the Mayoral appointments are coterminous with the Mayor's term, . the Commission appointment could be for either two or four years, and the County appointment could be for a three-year term. He noted an alternative would be to go back to two-year staggered terms for all appointees. Following discussion, a majority of the Commissioners indicated support for including staggered two-year terms in the ordinance. Assistant City Manager noted that under the Consent Items is a resolution revising the rules of procedure, to provide that in the case of Mayoral appointments, two Commissioners must confirm the appointment. (11 ) The City Manager stated that during the work session, he and Administrative Services Director Gamradt will make a presentation of the budget recommendations, in preparation for the June 21 public hearing. (16) Historic Preservation Planner Derek Strahn gave a brief overview of this project, characterizing it as straight forward. He noted that since the applicant is proposing to connect the existing house with the non-conforming garage via the construction of a breezeway, a deviation is required. (17) The Historic Preservation Planner gave a brief overview, identifying the deviations required in conjunction with the project. He recognized that a significant amount of work is . to be done on the subject property, which is in need of repair and improvement, and concluded with staff's support for the project. ( 18) Assistant Planner Therese Berger gave a brief overview of this appeal, which has been filed by a neighborhood group, and the code provisions for conduct of an appellate hearing. Commissioner Rudberg noted that the rules for conduct of an appellate hearing are very stringent, and the Commission has seldom faced this type of hearing. As a result, she requested staff guidance through the process. 05-24-99 ----- .. .- .--.-..--..-.-- . ...---..--.--...--- .....-.-.-.-.....- -.-..-.-.--...-...-..-- - 2 - Discussion - Commissioner Droiects None of the Commissioners submitted any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" . items. (1 ) Letter of resignation from the Community Affordable Housing Advisory Board, dated May 19, submitted by Lisa Lotte Hardiman. (2) Reminder of the Downtown Improvement District Board meeting which was held at 5:50 p.m. on Thursday, May 20. (3) Invitation from the Gallatin Valley Land Trust to attend the Story Mill Trail dedication scheduled for 3:00 p.m. on Saturday, June 5. (4) Copy of the public notice that the Water Department will be flushing water mains and flow testing hydrants, which may result in temporary discoloration of the water. (5 ) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on May 6. (6) Memorandum from the Gallatin County Treatment Court Planning Initiative forwarding the tentative meeting schedule for the next three months. (7) Letter from the Gallatin County Treatment Court Planning Initiative, dated May 17, forwarding a copy of the budget request for treatment court funding assistance. . Commissioner Rudberg complimented the County and the drug court group for their work in this area, characterizing it as progressive. (8) Minutes from the Beautification Advisory Board meeting held on April 15, 1999. (9) Letter from the Bozeman Area Bicycle Advisory Board, dated May 20, requesting Commission approval of a "Parade of Existing Bike Lanes" to be held at 5:30 p.m. on June 9. During this event, participants are to ride from Sacajawea Middle School to the stop sign at South Third Avenue and Graf Street and back to the school. Commissioner Smiley stated she was contacted by one of the Bike Board members because they are asking that the parade fee be waived for this event. Responding to comments from the Commissioners, City Manager Johnson stated that, after review of this application, City staff has concluded the Bike Board, as an advisory board, is part of the City's governmental structure. He stated, however, that he wishes to have them complete the application form for a permit, which he will process through an expedited review process. He noted that the Commission can waive the fee if they wish and forwarded his intent to place that waiver on the consent agenda for the June 7 meeting, if they agree. The Commissioners concurred. . (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 25, in the Commission Room. ' (11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 25, in the Commission Room. ( 12) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 25, at the Courthouse. 05-24-99 - 3 - ( 13) City Manager Johnson stated that he attended the birthday party at the Senior Center. (14) The City Manager stated that he met with Lieutenant Gary Smith from the Salvation Army today, in response to his cease and desist order. He noted that Lt. Smith asked for a 14-day extension to allow time to move across the street. He concluded by stating that this extension ends only five days after the date in the cease and desist order. Commissioner Smiley expressed concern that the sidewalk in front of the store has not . changed, and remains filled with furniture and other items that encroach onto the public sidewalk. City Manager Johnson cautioned that, as long as the items are located on the sidewalk between the store and the public sidewalk, the City can do nothing about it unless it is a safety hazard. Commissioner Rudberg characterized it as a safety hazard, citing two fires in recent years as an example. City Manager Johnson noted it is the Salvation Army's intent to retain the old store and use it as the location to make furniture and exercise equipment more saleable. He then indicated that he will remind Lt. Smith of the City's concerns. (15) Assistant City Manager Ron Brey distributed to the Commission copies of the letter and survey which Gary Gullickson has prepared. (14) Commissioner Youngman submitted the following. (1) Stated that her letter to the editor in the New Yorker magazine has generated a significant amount of comment from a variety of Bozeman residents. (2) Stated that she attended many routine meetings this past . week. (15 ) Mayor Stiff stated that he attended the Senior Center's birthday celebration, noting that the amount and type of work they do still astounds him. (16) Commissioner Smiley asked about the copy of the letter which the Commissioners received from Dan Kamp regarding the processing of zone changes within the extraterritorial area. Assistant City Manager Ron Brey stated that the issues identified in the letters are the same as those on which the two Planning Directors are currently working. He stressed that the concerns raised represent the very nature of a transition. (17) Commissioner Rudberg asked for an executive session on the litigation report submitted by City Attorney Luwe; the City Manager set the session for June 14. Work Session - Joint meeting with County Commissioners re (1) staffing at law enforcement Dublic information window at Law and Justice Center; (2) 9-1-1: (3) Oak Street: (4) West Babcock Street update: (5) hockey Davilion uDdate Those in attendance for this portion of the meeting, in addition to the City Commissioners . and staff members listed above, were: County Commission Chair Bill Murdock County Commissioner Phil Olson County Commissioner Jennifer Smith Mitchell County Attorney Marty Lambert Deputy County Attorney Chris Gray Sheriff Bill Slaughter 9-1-1 Director Jenny Hanson 05-24-99 -----.-....-..-.. - -------.-- - 4 - Fire Chief Aaron Holst Police Chief Mark Tymrak Staffing at law enforcement public information window at Law and Justice Center. Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated May 21, 1999. . Sheriff Bill Slaughter characterized the front window as the "public relations backbone in law enforcement". He cautioned that when the 9-1-1 center moves to its new location in the basement of the Law and Justice Center, the 7-day-a-week, 24-hour-a-day manning of the window will be gone; and the window will then be manned by John Poppe and the records staff. He stated that the workload of the law enforcement records services is just about evenly split between the City and the County, and those employees can man the window during the regular 8 a.m. to 5 p.m., Monday through Friday workdays. He noted that after hours calls for service, however, represent a significantly different split. He noted that most of those calls on the City side are for service, while they are for records on the County side; and the split for requested services is roughly 65 percent for the City and 35 percent for the County. He recognized that police stations around the country are typically viewed as places of refuge, and steps need to be taken to provide that refuge. Sheriff Slaughter stated that he has worked for the Sheriff's Department for 27 years, and he now has the best working relationship with a Chief of Police that has existed in years. He noted that both of them recognized how much their services suffer without full-time manning of the window. He stressed that the services and the missions of the two departments are different, but the window is important to both. He then forwarded the proposal that the City and the County split the costs of manning the window full-time, on a one-year trial basis, with a survey of the services requested so that the costs can be split appropriately in the future. . Commissioner Rudberg recounted an incident on Friday, when she tried unsuccessfully to gain access to the law enforcement offices. She stressed that if she had been someone in trouble, possibly running from a batterer, she would have needed to keep running because there was no way to reach safety. She then asked if law enforcement will move to the new detention center when it is completed, thus alleviating an untenable situation. Sheriff Slaughter responded that, in the long term, law enforcement will be relocated to the new facility, but initially only the detention center and 9-1-1 center are to be moved. Responding to additional questions from Commissioner Rudberg, Sheriff Slaughter stated no structural changes are proposed at the Law and Justice Center. He then noted that when John Poppe is not working, the records services people and 9-1-1 center dispatchers man the window, which takes them away from their primary duties. He stated that under the proposed changes, those manning the window will also work for records services and warrants, with the window being their top priority. Commissioner Smiley stressed that the "person in front of you has to take priority". She then characterized the Law and Justice Center as being a refuge for law enforcement only, since everybody else is locked out. . Commissioner Rudberg voiced her concurrence, noting that the facility protects only law enforcement. Sheriff Slaughter defended the design of the structure and the system, noting that it protects the criminal history records on the computers, particularly since that information is on the screen. He recognized that this increases the need for a properly operated window at which customers receive good service and the personal touch. Responding to Commissioner Rudberg, the Sheriff stated that they have used volunteers through the Retired Senior Volunteer Program. He noted that they do good work, but they typically do not work late hours or weekends. 05-24-99 ..--.- _.____n____._ .-.--.-----.- - 5 - Commissioner Rudberg stated that she has been concerned about the inaccessibility, particularly after work hours, for quite some time. She noted that she is also concerned about the signage for the Police and Sheriff's offices, particularly since the signage on South 19th Avenue says "L&J". Sheriff Slaughter responded that when the North 19th Avenue interchange was constructed, the Montana Department of Transportation was requested to install signage for the Police and Sheriff at the interchange, at Main Street and at the turn to the Law and Justice . Center. He also noted that the building itself is not very well marked and, in fact, the police have stopped to assist people who have been driving around in the parking lot because they were lost. Commissioner Smiley recounted an incident which her next door neighbor encountered a couple of weeks ago, noting that they ended up calling the Police Department because he was unable to get any assistance at the Law and Justice Center. County Commissioner Bill Murdock stated the 9-1-1 Administrative Board is looking at this issue, in an effort to determine the best solution. Sheriff Bill Slaughter stated that it takes seven people to man the window 24 hours a day, 7 days a week, and there are currently 3 % employees in the records services. He suggested that, by adding four employees, those people could man the window full-time and assume the duties for warrants in addition to the records. County Commissioner Murdock stressed the importance of recognizing that both the Police Department and the Sheriff's Department are busy, and the need for additional records clerks already exists. He suggested that adding the window duties to those positions makes sense. . Responding to Commissioner Rudberg, Sheriff Slaughter stated that he and Chief of Police Tymrak have looked at the possibility of locking the rest of the building after hours, so that people can gain access to law enforcement. He noted they have identified some low~cost solutions that involve keeping the outside doors locked, but the cost of installing locked doors to create secured area outside the window in the law enforcement area is prohibitive. He then noted that the call button is to be moved to the bottom of the outside steps to provide ADA accessibility. Responding to County Commissioner Phil Olson, the Sheriff stated the records support services division is to be initially under 9-1-1, so he and Chief of Police can take advantage of 9-1-1 Director Jenny Hanson's knowledge and expertise during the training process. He noted that after the division is organized and functioning, then it will be relocated. County Commissioner Olson noted that others have tried unsuccessfully to get the window manned. County Commission Chair Murdock noted the proposal submitted by the Sheriff is that the cost of the window be split 35 percent County and 65 percent City, with the records costs being split on the existing 55 percent County and 45 percent City. Mayor Stiff stated that, no matter how the costs are split, the total must be 100 percent. . He also noted that the City is also in the County. County Commissioner Phil Olson suggested that Sheriff Slaughter and Chief of Police Tymrak bring back a proposal for consideration by the two Commissions, stating they seem to be the obvious choice for this task. Commissioner Smiley asked how much City residents pay into the County's budget. County Commission Chair Murdock stated the census figures show that 45 percent of the population resides within the Bozeman city limits and 55 percent resides outside Bozeman. 05-24-99 --- --..-...-... . _.. n_._.._ _._.__n_.._ -. .-. -.--.- -.---..- ----. ..-----.------- - 6 - Chief of Police Mark Tymrak stated his concurrence with Sheriff Slaughter's comments. He characterized the window as his biggest embarrassment since moving to the Law and Justice Center, recognizing that if it is not addressed quickly, someone could get seriously hurt or worse. He stated that manning the window full-time will significantly enhance operations, and assured the Commission that the window will be the top priority for those employees. He then noted that a 50/50 split on the window is important at this time, recognizing that it could be adjusted in the future if that split is determined not equitable. . Responding to Commissioner Smiley. the Chief stated the harsh reality is that the build ing will be locked under this proposal. He noted that they have requested the installation of a big lit-up sign under the current name on the building to identify the police and sheriff's offices. He then indicated they plan to lock the hallways into the other areas of the building, but the downstairs would still be accessible. He cautioned that, even though the cameras and buzzer will still be in place, once inside the building, the camera may not pick the individual up. Responding to Mayor Stiff, City Manager Johnson stated that the two new employees for the City's half of manning the window are included in his budget recommendations. He cautioned that if the split in costs is changed or if the County chooses not to fund its half, then the City must choose whether to fund the costs or delete them. He stressed that this is, unfortunately, one of those situations when the whole step must be taken. Commissioner Rudberg stated she wants to eliminate the buzzer and locked door. She suggested that some other mechanism, such as a bell on the door, be implemented to ensure that the employee is not surprised by someone coming to the window. Responding to Mayor Stiff, County Commission Chair Bill Murdock stated the two additional people are included in their budget considerations. He noted that they will be weighing those people against all other issues and requests. . 9-1-1. Included in the Commissioners' packets was a memo from City Manager Clark Johnson. Mayor Stiff forwarded his interest in getting this matter resolved as quickly as possible. He noted that this includes giving Administrative Services Director Gamradt adequate time to review the information submitted prior to writing a check for the City's portion of this operation. Commissioner Smiley stated that, from the City Manager's memo, it is apparent the City staff has been unable to identify, from the documents submitted, what the 9-1-1 budget is for Fiscal Year 1999 and what the City's appropriate share is. County Commission Chair Bill Murdock stated the City and County do their budgets differently, so it is difficult to read each other's. County Attorney Marty Lambert proposed that he, City Manager Johnson, Administrative Services Director Gamradt and County Fiscal Officer Blackman get together in a series of meetings and resolve this matter by July 1. He forwarded his interest in resolving the past funding questions and problems so the program can begin afresh with the new fiscal year and new director. . Commissioner Smiley questioned why the 9-1-1 Board has not received the information yet, particularly since they meet on a regular basis. County Attorney Lambert responded that this issue first arose last summer, and they addressed it in the September and October meetings. He then indicated that, rather than taking the full Board's time to resolve this matter, he feels it is more appropriate to create a separate committee. Commissioner Rudberg suggested that the two fiscal officers be given the opportunity to review the information and determine the correct figures. She noted that if they have 05-24-99 -.....---- - 7 - differences, those items could be brought to the City and County Commissions. Responding to additional comments from Commissioner Rudberg, County Attorney lambert stated he is not sure that the two fiscal officers can reach an agreement. He noted that they have been directed by both the 9-1-1 Administrative Board and the two Commissions to work together to resolve this issue but, to date, they have not done so. He then reiterated his interest in seeing this issue cleaned up by July 1. . Commissioner Smiley suggested that County Commissioner Olson and City Manager Johnson sit with the two finance people if necessary to resolve the issue. County Commission Chair Murdock expressed concern that, while this issue remains unresolved, Gallatin County continues to incur costs for the 9-1-1 center, and they are being charged interest on those bills. He recognized the City's concerns and stated he feels the important part is getting the right people together to resolve the matter. He noted that both entities have budgeted the monies, and no one is questioning the validity of the expenses. Responding to Mayor Stiff, City Manager Johnson stated he fully trusts Administrative Services Director Gamradt's advice on financial issues; and when he is presented with an invoice upon which both fiscal officers agree, he will forward it for payment. He noted that if they cannot agree on a number, then someone else will need to step into the process. He then indicated he does not anticipate any problems will arise when the two have an opportunity to sit down and work through the books; rather, at this time, the key issue is finding the time. The City Manager distributed copies of Page C-27 from this year's budget document, noting that it includes a $247,360 General Fund contribution toward the 9-1-1 program, and identifies the items covered in that amount. He noted that the City does its budgeting early in the calendar year, and its process is completed before the County's budget figures are known. He stated that the amount budgeted for operations is divided by twelve, and the City . makes that monthly payment. He noted the City is prepared to do its twelfth payment for this fiscal year, and suggested that monies for any of the additional items that can be agreed upon be forwarded as well, prior to determining the total amount owed by the City. He then cautioned that, since the City's annual contribution for the 9-1-1 system is based on an inflationary increase over last year's budgeted amount, if that amount is not correct, the reconciliation problems could be compounded in the future. The City Manager then noted that the final bill for the hardware and software, which is part of the amount budgeted, has not yet been submitted. He also suggested that the City may have paid its portion of the US West contract directly, rather than to the County. He noted that the cost of the generator is less than originally projected, and funding for the air conditioning system and the employee room were not included in last year's budget. He concluded by proposing that the City write a check to Gallatin County for $170,000, recognizing that an outstanding balance will probably remain. City Manager Johnson stated that over the past year, the 9-1-1 center has had a few surprises, including the need for a restroom facility and air conditioning. He noted the Administrative Board has paid close attention to those costs and has worked hard to protect the taxpayer dollars. He then noted that the final invoice will include a reconciliation of those unanticipated costs. . Responding to Commissioner Rudberg, the City Manager stated that the City and County did not have an acceptable plan for the State 9-1-1 dollars, so those monies were being held until just recently, when the plan was approved. He noted that the City's share was sent directly to the County, and he is now watching for an accounting from the State, to determine how much that was. Responding to Commissioner Rudberg, County Attorney lambert stated that the monies from the 9-1-1 billing on telephone bills are lumped into one figure. He noted that, since the fee is 50 cents per month, this revenue source generates approximately $100,000 per year. He stated the City of Bozeman and Gallatin County are the only ones in the interlocal agreement, and the rest of the communities in the County either dispatch for themselves or pay 05-24-99 ----.---..... :."$-::'~"1:. ~.'... - 8 - the County to do it. He then reminded the Commissioners that the program incurs $700,000 to $800,000 in costs annually. City Manager Johnson asked how to address the issue if the reconciliation of the 9-1-1 expenses exceeds the $247,000 budgeted. County Commissioner Phil Olson recognized this is an area where the City and the County need to work more closely together and communicate on a more regular basis. . The Commissioners established a June 30 deadline for the City's Administrative Services Director and County's Fiscal Officer to determine the City's outstanding balance. Oak Street. Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated May 21, 1999. City Manager Johnson noted that the interlocal agreement for Oak Street was approved by the Commission last week, and is now awaiting County signatures. He then stated that JTL, Inc., has indicated it will honor its bid price, and is scheduled to begin construction on July 5. Responding to County Commission Chair Bill Murdock, the City Manager stated that the City will pay the attendant monies at closing. County Commission Chair Bill Murdock thanked Project Engineer James Nickelson for his work on this project. West Babcock Street update. . Commissioner Rudberg noted that the last time the City and County Commissions met, the City Commissioners, on another straw vote, indicated support of a fenceline to fenceline right-of-way and requested that it be placed on the agenda for formal action; but it was never placed on the agenda. She then asked why City staff seems to have a problem with this action. City Manager Johnson stated it is City Attorney Luwe's recommendation that the Commission know what "fenceline to fenceline" means before taking action. County Commissioner Mitchell stated Associate Planner Chris Saunders has assured the County Commission that the overlays are ready for review. Associate Planner Chris Saunders stated that he has a paper map in his office and the overlay can be shown on the computer; however, he cannot print it because the file is too big. In response to the City Manager, he indicated that if adequate hardware is available at City Hall, he could show the Commission a copy of the survey on the screen. Responding to Commissioner Rudberg, City Engineer Craig Brawner noted the fenceline to fenceline approach was intended to minimize impacts on existing properties. He recognized the validity of that concern, cautioning that that concept means different things on the west . end and the east end of this section of roadway. He stated that on the east end, the south side of the road would be located 20 to 25 feet off the section line and the north side would be 35 to 40 feet off the section line. He stated that on the west end, the north side would be 40 to 45 feet off the section line. He questioned what type of problems this disparity might create when negotiations are undertaken. Responding to Commissioner Rudberg, Associate Planner Chris Saunders stated that 5 annexed properties have not dedicated right-of-way for the street. He then noted there are 28 parcels in the county and, while some of those properties dedicated 30 feet when platted, a majority have not. 05-24-99 - - .__...._n _._____ n". ___._______ . n.._ - 9 - Commissioner Rudberg asked if there are any extreme curvatures in the road if it follows a fenceline to fenceline alignment. City Engineer Brawner responded he has not seen any abrupt shifts in the road. He then indicated that, while he may agree with the fenceline to fenceline approach in concept, he also recognizes that hard structures, including houses and septic systems, need to be taken into account when the road is designed. He noted that, in some instances, it may be necessary to move a fence to avoid impacts on other types of improvements. He stated that when the right- of-way issue is resolved, then the true design of the roadway can be considered. . County Commissioner Olson stated the section line has nothing to do with the location of the road; rather, the center of the road should be in the center of the fencelines. County Commissioner Mitchell noted that the GIS maps for County Zoning District No. 1 show North 19th Avenue. She noted that, while the road generally follows the section line, the centerline is not on the section line, and the road also has a couple gentle curves. She stated that the City and the County are at the mercy of where people's houses are along West Babcock Street, which is what started the discussions. Responding to Commissioner Frost, City Engineer Brawner stated adequate right-of-way is needed to build the proper type of road. He stated that a 60-foot-wide right-of-way will allow for a 37-foot road, back of curb to back of curb, a boulevard and a sidewalk on each side of the road. He stressed that, until the right-of-way is identified and obtained, the road cannot be designed. County Commission Chair Bill Murdock stated the County Commission will not pursue the acquisition of right-of-way any further until the City decides to go with the fenceline to fenceline concept. He noted there is no point in talking about improvements until the City decides what to do. . Responding to Commissioner Frost, the City Engineer stated that, from measuring the survey, it appears the distance between most fences is 60 feet, and a 37-foot-wide street would fit into that right-of-way. He cautioned that some construction easements may be required, and further cautioned that on-street parking is an issue to be addressed. He noted that a 60-foot-wide right-of-way will not allow for the type of road originally anticipated. Responding to Commissioner Rudberg, the City Engineer stated that a 37-foot-wide road, without parking, would allow for two driving lanes and two bicycle lanes. Mayor Stiff stated that the Commission needs to see the survey before making a decision. Responding to Commissioner Rudberg, County Commissioner Mitchell stated they don't know that the overall neighborhood wants. She noted that at the meeting in December, most people seemed to feel that fenceline to fenceline would work. She then stressed that the County only does 60-foot-wide rights-of-way and will go no wider. She expressed her frustration that there has been no formal City Commission vote on this matter, noting that the County has paid for the survey, and it is now in the City's offices. Responding to Commissioner Rudberg, County Commissioner Olson stated the first step is to determine what the Commissions are willing to accept; the next step is to approach the . property owners to see if agreement can be reached. He then stressed the importance of talking in terms of fenceline to fenceline rather than a 60-foot-wide right-of-way since the width varies along the length of the roadway. Commissioner Frost stated that he is willing to accept a 60-foot-wide right-of-way, which is adequate for two driving lanes, two bicycle lanes and sidewalks on both sides. He cautioned that a narrower width will not provide for a safe street. Commissioner Youngman stated she, too, feels a 60-foot-wide right-of-way is essential. She suggested that if a fence needs to be moved to obtain that width, it would be better than 05-24-99 ------ --... ..- --..- ... _._.. .__.. ._._n___ .-..-----.--.- - 10 - moving the sidewalk closer to the street. She noted another alternative would be to approach the neighbors about placing the sidewalk at the edge of the street right-of-way rather than the typical one foot inside the edge or possibly getting an easement for the sidewalk to ensure that the 5 % -foot-wide boulevard is maintained. Mr. Connie Yerger, 2604 West Babcock Street, stated he has reviewed the survey, and it appears there is adequate room for a 60-foot-wide right-of-way along the entire length of the street. He also noted that Deputy County Attorney Susan Swimley has indicated the County . will pursue obtaining a GO-toot-wide right-ot-way. City Manager Clark Johnson stated he will place this item on the June 7 agenda and will have the survey available for Commission review. Hockey pavilion update. Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated May 21, 1999. City Manager Johnson distributed to the Commission a revised Memorandum of Agreement, as prepared by Deputy County Attorney Chris Gray, reflecting some of the issues discussed at last week's City Commission meeting. He stated that if the County Commission and the City Commission can agree on the terms to be included in the agreement at this meeting, Deputy County Attorney Gray and Staff Attorney Cooper will need to get together to prepare an agreement which adequately protects both entities while containing the provisions agreed to by the governing bodies. The City Manager noted that this revised document is missing some of the elements which were discussed at last week's meeting and asked the Commissions to identify the additional elements to be included in the agreement, any of the provisions in this document with which they don't agree and any deal breakers. He stressed that if the two Commissions cannot agree on some of the terms or if it appears there are deal breakers, it is inappropriate to require either staff to spend time on revising the agreement. . City Manager Johnson stated that, based on information from construction professionals involved in the Bozeman Amateur Hockey Association (BAHA), they need to know by June 8 whether a pavilion is to be constructed at the Fairgrounds to give adequate time to go through the County's bidding process, construct the facility and create refrigerated ice in time to conduct a full season of hockey. Commissioner Rudberg asked the City Manager and Staff Attorney to identify what they view as problems with the revised agreement currently before the Commissioners. At Commissioner Smiley's request, Deputy County Attorney Chris Gray reviewed the four bullets in the City Manager's memo. He noted, in response to the proposal to include irrevocable options to continue the agreement for a period of fifty years, that he has removed reference to a duration of ten years, thus allowing the agreement to remain in force until terminated. He then stated the other three items, pertaining to hours of access, restricting of general public use and the funding schedule for completion of landscaping around the pavilion, are all issues to be addressed by the County Commission. Commissioner Youngman expressed concern that removing the duration does not protect anyone, and she would prefer to see one included in the agreement. . Commissioner Smiley noted that the hours ot access are proposed as 7:00 a.m. to 10:00 p.m. because that is how Sue Shockley has indicated the Fairgrounds function. Commissioner Youngman stated the language on free public access needs to be expanded beyond "reasonable amounts of time during lunch hours and evenings". She noted that an access point in the fence at the North Tracy Avenue entrance has been discussed, and she feels that should be incorporated into this agreement. Commissioner Frost stated he does not want to negotiate all of the points contained in the City Manager's memo at this meeting and suggested that a revised agreement be brought back to the Commission for consideration at the June 7 meeting. 05-24-99 ______m__ - 11 - Commissioner Youngman suggested that the bullet pertaining to landscaping be expanded to include parking. She noted that if parking is not provided close to the pavilion, it cannot be considered accessible, and the master plan for the Fairgrounds does show parking in the immediate vicinity. Commissioner Rudberg noted that handicapped parking is currently provided at the fence, and suggested that is probably the closest existing parking to the proposed site for the pavilion. . Commissioner Frost noted that the City can commit $180,000 toward construction of the pavilion and suggested that figure be included in the agreement rather than the phrase "appropriate and reasonable funding". Commissioner Smiley asked that Section 4.3. be rewritten to reflect more accurately the hours that will be open for free general public access. Responding to the parking issue, County Commissioner Mitchell stated a final plan for the pavilion area has not yet been developed, although the drawing submitted to the City Commission by Rob Pertzborn at last week's meeting does generally reflect the master plan. She then stated she has no idea if the Fair Board has approved the proposed parking plan, noting that is their decision. Responding to Mayor Stiff, the City Manager reiterated that if a full hockey season is to be played on refrigerated ice in a new pavilion, the Bozeman Amateur Hockey Association must know on June 8 so they can begin the bidding process. He then stated that if the two Commissions cannot agree on the terms to be included in the agreement, there is no reason for staff to waste time preparing draft after draft for consideration. He cited, as an example, the City's interest in obtaining a schedule and a drawing of the landscaping to be completed, noting that if it is a deal breaker for the County, there is no reason to proceed with this option; rather, he needs to turn his attention to an alternative. He noted another issue is whether the citizens . of Bozeman have access to the facility from 7:00 a.m. to 10:00 p.m. daily, except during the winter and summer fairs, avoiding the potential of this becoming a rental property that is never available to the public other than through rental. He cautioned that if this is a revenue- producing property, it could become a new show pavilion, with the County Fair Board maintaining complete control. Further responding to the Mayor, the City Manager stated this agreement is between the City and the County, and a separate agreement will be developed for the hockey program. He noted that one of the City's interests is to make sure the facility is available for ice hockey from November 1 through May 1. He cautioned that the association involved in such an agreement may change from time to time, which is one reason it should not be incorporated into the general agreement. He then reiterated his commitment to work on developing an agreement acceptable to both entities if it appears that the issues can be resolved; however, he does not want to spin his wheels on something that will not be accepted. County Commission Chair Murdock stated the County is dedicated to landscaping the Fairgrounds, and that is a commitment made long before the pavilion was discussed. He characterized it as a tired location and a tired facility that needs to be dressed up. He noted that he did have some reservations about City approval of the landscaping, but he is willing to accept that requirement, noting that with the imminent construction of Oak Street, top soil will be readily available. He then proposed that the tree maintenance assessments they pay be . applied toward the landscaping and its maintenance, estimating that assessment at $45,000 a year for the Fairgrounds. County Commission Chair Murdock noted that the five or six-month period when it is clear the pavilion will be used for hockey creates no problem. He stated, however, there are other times during the year when the Fairgrounds different types of uses going on and asked if that is acceptable. Commissioner Frost stated he has no problem with other uses, as long as the pavilion is open to the general public from 7:00 a.m. to 10:00 p.m. every day during the spring, summer and fall. 05-24-99 ~ - 12 - Deputy County Attorney Gray stated this agreement was drafted based on the concept that the pavilion would be rented out similar to the existing pavilion at Bogert Park. County Commissioner Olson stated it was the County Commission's understanding that when ice hockey is not using the pavilion, it could be rented out as a revenue producing facility and stated that if that is not the City Commission's intent, they need to know. He stated that the revenues from the rentals could be used to maintain the facility. . City Manager Johnson proposed that a limit be placed on the amount of time the pavilion can be rented. He noted that the City's bandshell at Bogert Park is available for a two-hour period on two days per month, and a similar approach could be considered in this instance. He noted that the City is spending $180,000 to construct the pavilion and, if it then becomes a full-time revenue generator for the County, it is not available to the general public. The City Commissioners generally indicated a willingness to allow the pavilion to be rented out, recognizing that many of the City's facilities are also rented. Commissioner Frost noted that the City has $180,000 to contribute toward construction of the pavilion. He asked if the County is willing to contribute to the completion of the facility if that is not adequate. County Commissioner Bill Murdock noted the City already has a pavilion with ice, but wants to build a pavilion at the Fairgrounds. He stated the County has indicated the City can use some of its land to do so, and the City Commissioners are now asking the County to contribute toward the costs of that construction and then maintain the pavilion as a facility open to the public during the summer. He indicated that to ask for all of those items is not reasonable. County Commissioner Phil Olson stated the County has not seen the total estimated cost . of the pavilion and, therefore, cannot respond to Commissioner Frost's question. City Manager Clark Johnson stated the estimate he has seen is $189,000. He stressed that, until the project is bid out, it is not known whether that figure is high or low. He then noted that the City has approximately $170,000 in the Haynes fund at this time. Deputy County Attorney Chris Gray cautioned that the $189,000 figure does not include some of the necessities, such as lighting and possibly a sprinkler system. Commissioner Smiley stated she feels the construction of a pavilion at the Fairgrounds is a logical combination of resources. She noted that Fairgrounds Manager Sue Shockley has indicated her interest in creating an accessible regional area for people in the county, and the pavilion could be a definite asset. She then suggested this would be a better approach than cramming activities into Bogert Park, where there is little parking. County Commissioner Phil Olson stated that, from a County perspective, this proposal makes sense. He then noted that if only $5,000 to $10,000 were needed to complete the pavilion, the County could probably contribute toward it. He then asked who will decide on the number and type of trees to be included in the landscaping if the two entities cannot agree. Mayor Stiff asked for information on the value of the land upon which the pavilion is to . be located, suggesting that should be factored into the equation. County Commissioner Mitchell cautioned that the types of events taking place at the Fairgrounds is proliferating. She noted that, as a result, if a facility is rentable, it will be rented out and, therefore, limiting the hours of rental could become an issue. Commissioner Youngman stated she did not envision donating monies to the development of a revenue-producing facility for the County for half the year. She noted, rather, she envisioned a combination of rental use and free use and suggested that if a reasonable balance between the two can be reached, she could be supportive of the concept. 05-24-99 - 13 - County Commissioners Murdock and Olson indicated they have no problem with that concept, but they need to know the percentages. County Commissioner Mitchell noted that the County Commission has encouraged the Fair Board to get off the tax rolls. She characterized the Fairgrounds as a non-essential service and, in light of the $300,000 cut resulting from the last legislative session, getting that function off the tax rolls is increasingly important. She expressed concern about limiting the Fair Board's ability to become self-supporting and self-sustaining by limiting the revenue . generating potential of the new pavilion. Commissioner Rudberg reiterated that she has no problem with the Fair Board leasing the pavilion out, stressing that to do so is no different from City facilities. She recognized, however, that there needs to be an opportunity for public use of the pavilion. County Commission Chair Murdock stressed the County's desire to create a "classy center" with picnic tables in the park. He recognized that the park area needs to be open to the public and, if the City wants the pavilion to have some open time, he is not opposed to it. Responding to Commissioner Frost, County Commission Chair Murdock stated the County budgeted $110,000 from the General Fund last year to improve the Fairgrounds. He noted that the County is to contribute toward capital improvements on sliding scale, and the Fair Board is to increase revenues over the next ten years and get off tax rolls. He stated that at the present time, the Fairgrounds receives $250,000 in support from taxes, and the County can no longer afford that. County Commissioner Mitchell requested that the revised agreement be submitted to the Fair Board for their review prior to the Commissions considering it. . Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. ~~..~ ALF D M. ST(FF, Mayor ATTEST: ~ Z~ ROBIN L. SULLIVAN Clerk of the Commission . '" . . , . 05-24.99