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HomeMy WebLinkAbout1992-08-10 ccm r r MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA AUGUST 10, 1992 ***************************** . The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, August 10, 1992, at 1 :30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Work Session - 1 :30 D.m. - Review of City Manager's Budget Recommendations for Fiscal Year 1992-93 This was the time and place set for the fifth in a series of work sessions on the City Manager's recommendations for the budget for Fiscal Year 1992-93. As this is a work session, the minutes will remain quite brief, reflecting only the important issues. . Mayor Swanson noted that the Commission has reviewed the City Manager's recommendations in the previous four work sessions, and has set this as the time to review the document once again, page by page, forwarding any ideas for changes in the amounts budgeted. The Commission concurred, and proceeded with the review, as follows. General Fund. City Commission. Page 52. Commissioner Knapp suggested that, in view of the probable change in location for the City Court, it may be appropriate to delay renovation of the dais to next fiscal year. She then asked it would be better to leave the $7,000 in this budget, recognizing that it will need to be rebudgeted next fiscal year/or to delete it from this budget, recognizing that it will need to be added next fiscal year. She also noted that the purchase of new chairs for the Commission Room is provided for in another budget unit. . Mayor Swanson stated it is his long-held belief that the Commission Room is an inferior meeting room and leads to very poor discussion and communication. He then asked about the possibility of the Commission using the new City Court room at the Law and Justice center for its meetings. Commissioner Vincent stated concurrence with the Mayor's assessment, noting that 08-10-92 -----. . - - .~.- ----.-- ------ ------ -----------..---- -...---- .------------ ---- ---- -.-- - 2 - another alternative to the existing Commission Room should be sought. Commissioner Stiff suggested that the $7,000 for renovation of the dais be deleted from this year's budget. The Commissioners concurred in that deletion. Mayor Swanson then asked the Commission to address the audience chairs for the . Commission Room, recognizing that they are in the Building Maintenance budget unit, not this one. City Manager Wysocki suggested that the Commission not eliminate the $2,500 for replacement of the chairs in the Commission Room. Commissioner Frost stated support for purchasing new chairs, noting that they can always be used, especially if a neutral color is chosen. Commissioner Knapp stated concurrence, noting that "they are the most uncomfortable chairs ever devised by the mind of man." Mayor Swanson took a straw vote, with the Commission voting 4 to 1 to retain the chairs in the Building Maintenance budget unit. Commissioner Stiff stated his willingness to delete the $5,000 under "other" for board requests. . Commissioner Frost stated he does not want to delete those monies, noting they are too valuable. Commissioner Knapp stated she feels that the monies have been well spent in the past, noting that they are not wasted on frivolous matters; and the Commission can carefully monitor them. On a straw vote, the Commission voted 4 to 1 to retain the $5,000 for board requests. Commissioner Knapp then suggested the possibility of establishing guidelines for the use of the monies set aside to fund board requests. Mayor Swanson asked her to draft guidelines for expenditure of the monies, for Commission consideration at some time in the future. City Manager. Page 56. No changes. . Public Service/Engineering. Page 60. No changes. City Attorney. Page 64. No changes. Finance Department. Page 68. No changes. City Court. Page 72. No changes. Mayor Swanson asked if increasing the part time position from Y-1. to % time will adequately meet the needs of that operation, since a full-time position was requested. 08-10-92 - 3 - The City Manager responded that he would prefer to wait and see if the %-time increase will meet the needs of the office at the present time, rather than increasing the overall level of personnel too rapidly. Police Department. Page 76. No changes. (However, action taken later in the meeting .did impact this budget unit, resulting in an approximate $15,000 decrease in salaries due to relocation of 3/4 of the new parking attendant position.) Fire Department. Page 80. Mayor Swanson asked if the Commission wishes to fund another firefighter/inspector position, as set forth in their goals. He then stated he feels that inspections should be performed in a timely manner, and not doing so creates a dangerous situation. Commissioner Frost stated support for adding another position, particularly since the department cannot meet the 18-month schedule for conducting inspections. Commissioner Knapp stated she feels there is an immediate need for another firefighter/ inspector; however, she questioned whether that need will continue over the long term. Responding to Commissioner Stiff, the City Manager estimated that adding another .firefighter/inspector will increase the budget by $25,000, between salary and benefits and the needed clothing. On a straw vote, the Commission voted 5 to 0 to add another firefighter/inspector. Building Inspection. Page 84. No changes. Streets. Page 88. Commissioner Stiff asked about the possibility of establishing another budget unit under the Special Revenue Funds for the potential neighborhood parking districts. He suggested that to create this new account could help dramatically in keeping track of expenditures and revenues since this is to be a revenue neutral operation. Mayor Swanson asked if the City has any more information about when a district might . be created. The City Manager responded that it depends on whether the City of Missoula seeks an Attorney General's opinion or if a lawsuit is filed. He then stated no timeline is known at this time. Responding to Commissioner Stiff, the City Manager stated that if a Special Revenue Fund is created, the $40,000 for signs will be removed from this budget unit and placed in the new budget unit; and the total will be decreased accordingly. He also noted that a percentage of the 08-10-92 ----~ --- - 4 - new parking attendant costs would be transferred from the Police Department to the new budget unit; and the revenues would also require adjustment to relocate the projected $10,000 from parking permit fees to the Special Revenue Funds. The City Manager then reminded the Commission that the General Fund will fund the up . front costs of creating a neighborhood parking district, with the revenues from the permits and fines eventually repaying those costs. Commissioner Stiff expressed concern that removing $40,000 from the total will result in a budget figure that is lower than FY90; and he feels it should not be. He then stated his interest in increasing the budget so that it is no lower than that figure, because of his firm belief that the General Fund should support the street activities at that level as a minimum. The City Manager suggested that if $15,000 were added to "repair and maintenance - other", the total for this budget unit would be $285,010. On a straw vote, the Commission approved this addition on a 3 to 1 vote, with 1 abstention. Building Maintenance. Page 92. . Mayor Swanson suggested that the sound system, in the amount of $2,500, be deleted from this year's budget, since that is a part of the renovation project for the Commission dais. The Commissioners concurred with this deletion, recognizing that it will be added in next year's budget as a part of the renovation project. Responding to Commissioner Stiff, the City Manager stated that it is not anticipated that the law and Justice Center will be occupied before July 1, 1993. He noted that if it is, then a budget amendment will be sought at the appropriate time. Recreation Administration. Page 96. No changes. Swim Center. Page 100. No changes. Mayor Swanson expressed concern that the fees have not been raised in eleven years, .stating he feels that is an unwise trend. He then suggested that, given the additional costs being incurred to meet State regulations, it may be appropriate for the Commission to direct the staff and Recreation and Parks Advisory Board to carefully review those fees and forward a recommendation for revision to the Commission as soon as possible. Following a brief discussion, the Mayor asked City Manager Wysocki to forward this request to the Board. 08-10-92 ______u___ ..~ .. - ....--.... - .-- --- _.__._.___... _. . . ._. _.___ __ _ _ ___.____ ._n.__..__.____._.. _....._" .._..m._ - 5 - Bogert Pool. Page 104. No changes. Parks & Playgrounds. Page 108. No changes. Mayor Swanson noted the dramatic testimony from Mr. Don Weaver encouraging the Commission to enhance its funding for this activity, possibly through implementation of a park .maintenance district as encouraged in the Bozeman Area Master Plan Update. He also noted that the Commission is in the process of approving master plans for the various parks; and he feels it is appropriate to begin implementation of those plans in a timely manner. He suggested that the creation of an extensive park maintenance district could provide the funding that is needed to provide the desired results. Commissioner Knapp noted her request to the Recreation and Parks Advisory Board to review the issue of community parks versus neighborhood parks and whether there really is a difference. She suggested that the response to that question may reveal how funding for improvements and maintenance for those parks should be handled. Commissioner Stiff stated he feels the Commission needs more information before it discusses this issue. He then questioned whether any budgetary considerations are involved. a City Manager Wysocki responded he does not believe there are any budgetary .,., considerations for this fiscal year. He then suggested that staff may begin to research this issue if they have time left after addressing day-to-day issues and the priority goals which the Commission has established. The City Manager then characterized the master plans for the parks as being ten-year documents. He concurred, however, that identifying revenue sources for those improvements and maintenance is a key element in the process. Commissioner Knapp suggested that the creation of a park maintenance district be considered as a possible goal for next fiscal year, noting that any initial staff work done this fiscal year would simply be preparatory to that. Cemetery. Page 112. No changes. . Library. Page 116. No changes. Zoning. Page 120. No changes. SDecial Revenue Funds. Planning. Page 125. No change. Commissioner Vincent asked if staff is reviewing the fee structure. The City Manager responded that staff is; and the issue should be before the Commission for action yet this Fall. He stated, however, no revisions in revenue projections are suggested at 08-10-92 -...---..-.-.... - 6 - this time. Insurance. Page 129. No changes. Employee Retirement. Page 133. No changes. Gas Tax. Page 137. No changes. . Mayor Swanson stated strong support for the $20.000 to fund major street design. The City Manager indicated that if there is a residual from some of the street projects, he may seek authorization to expend those monies on additional street design. Street Maintenance District. Page 141. No changes. Commissioner Stiff noted the benefit of the summary sheet which the Commissioners received last week, which provided a composite of the three budget units which create the funding for the Street Department. He then asked that this summary sheet be incorporated into the budget. Tree Maintenance District. Page 145. No changes. SID lighting Districts. Page 149. No changes. Responding to questions from the Commission, the City Manager stated that the City pays the billings from Montana Power Company, then bills out the actual costs to the property owners .within the various lighting districts. He then noted that, in essence, the City is carrying the costs of those districts for a year. Community Development Block Grant. Page 153. No changes. Housing Revolving Loan. Page 157. No changes. HUD Rental Rehab. Page 161. No changes. Economic Development Revolving Loan Fund. Page 165. No changes. Commissioner Stiff expressed concern that these monies may be expended for activities which do not generate additional revenues to the fund, thus ending this program. The City Manager noted that some Committee members have expressed a similar concern. He then reminded the Commission that they established the guidelines for expenditure of these .monies through a resolution; and they may wish to change the guidelines if the program is not operating to their satisfaction. 9-1-1 Program. Page 169. No changes. Drug Forfeiture Fund. Page 173. No changes. Police Special Revenue Fund. Page 177. No changes. Beautification of Bozeman. Page 181. No changes. 08-10-92 -------------.... .- - 7 - Historic Preservation. Page 185. No changes. East Gallatin Park. Page 189. No changes. Neighborhood Parking District. City Manager Wysocki reminded the Commission that under action taken above, this new .budget unit will be added, with the associated expenditures and revenues to be moved from the General Fund. He then reviewed those items, which include $40,000 from the Streets for signage, approximately $15,000 from Police for nine months of a parking attendant position, and $10,000 in revenues for parking permits. Debt Service Funds. General Obligation Bonds. Page 194. No changes. SID/Sidewalk Bonds. Page 198. No changes. EnterDrise Funds. Water Operations. Page 204. No changes. Water Plant. Page 208. No changes. Sewer Operations. Page 212. No changes. Sewer Plant. Page 216. No changes. Garbage Collection. Page 220. No changes. . Garbage Disposal. Page 224. Mayor Swanson stated his interest in funding a new twin engine scraper in the amount of $240,000 in this budget unit. Each Commissioner, in turn, indicated support for including a scraper in this year's budget. In addition, Commissioners Knapp and Stiff indicated an interest in acquisition of a tub grinder as soon as possible. Internal Service Funds. Supply. Page 229. No changes. Vehicle Maintenance. Page 233. No changes. Trust and Aaencv Funds. Cemetery Perpetual Care. Page 238. No changes. Parkland Trust Fund. Page 242. No changes. . CaDitallmDrovement Program. Page 245. The City Manager indicated that this listing will be adjusted to reflect the deletions in the General Fund and additions in the Enterprise Funds which the Commission made during its review. Mayor Swanson then requested Commission discussion on the $70,000 additional monies resulting from the increased valuation of the mill over what was projected in the City Manager's recommendations. He led the discussion by indicating his interest in lowering the proposed mill 08-10-92 ------.-- -- --.., .-..--.--. -.-- ------- .---. --.-----..-.-..--------.--------.-- ..------- -------------.-- - 8 - levies as much as possible to return those monies to the taxpayers after funding the changes which the Commission has made. Commissioner Knapp asked how this approach might affect the City over the long term. She noted that the City is still under the constraints of 1-105, and remains well under the cap . established because of increased valuation and annexations. She stated she does not wish to put the City in a position where it may not be able to continue moving forward in the next few years because of failure to budget properly under the constraints at this time. Commissioner Stiff stated an interest in budgeting as conservatively as possible. He noted the climb in mill valuation over the past three years; however, he also recognized the cyclical nature of the mill value and the decreases which the City has faced in the past twelve-year history. He then indicated his interest in returning as much to the taxpayers as possible at this time, noting that a $2,000 increase in the value of a mill is seldom seen. Responding to Commissioner Frost, the City Manager stated that the recent reappraisal affected residential properties only. He then stated that approximately half of the increase in mill value is the result of the reappraisal while the other half is the result of new construction and new .annexations. He also clarified the actual increase in revenues from the increased mill valuation, noting that while the actual revenues from the mill levy would be approximately $70,000 more than projected, the actual increase in revenues over last year are substantially higher. He then stated that he feels that half of that increase is due to an increase in the tax base; therefore, he feels the City should be entitled to that amount. Commissioner Stiff stated he has continued concern about the undesignated and designated reserve fund balances, distributing a two-page memo which summarizes his position. Commissioner Frost stated that he feels that staff and the Commission have made thoughtful decisions over the past three years; and he feels they have been prudent with the reserves. . Commissioner Stiff noted that the experts in the field of municipal accounting have indicated that a minimum 5 percent unreserved fund balances is an absolute necessity; however, he noted that they further indicated that once that balance reaches 10 percent of the operating budget, it should be closely reviewed to determine if it should be trimmed. He noted that, when totalled, the City's four designated and undesignated reserve fund balances are at $2.5 million, which is 55 + percent of the General Fund operating budget. He then stated that these reserve 08-10-92 -----.-.--.. - --------------- --------- ...--.-..-.---...-------.-------.--. --- --- - .------ - 9 - monies are available to address each of the areas for which separate reserve funds have been established; therefore, he feels that the reserve balance could easily be reduced without detriment to the City's financial position. Commissioner Stiff noted that Administrative Services Director Gamradt has informed the .commission that eventually, the City will be required to provide a reserve for employee benefits. He noted that, while he does not agree with the concept, he is willing to accept the fact that it is a requirement for governmental entities. He then noted that this reserve currently is $400,000, which he feels could be utilized to cover cash shortages if necessary. The City Manager noted that in 1995, the requirement for this reserve will be in place. Commissioner Stiff then addressed the reserve for replacement of fixed assets. He noted that current residents have paid for past and current fixed asset replacement; and he does not feel they should be asked to fund future replacements as well. He noted that this balance has increased over the past few years, and suggested that this year's fixed assets, which total $132,500 for the General Fund less adjustments made during this work session, be funded from that source rather than from current year revenues. -- City Manager Wysocki noted that in his letter of transmittal with this budget, he proposed -WI' that $119,247 be utilized from the fixed asset replacement reserve to fund the purchase of capital items. He then noted that, with the adjustments made by the Commission in this work session, the capital items total $123,000, and asked if the Commission would prefer that total be funded from the reserve instead. The City Manager then reminded the Commission that under governmental accounting practices, fixed assets are not depreciated. He noted that the City does, however, maintain its own fixed asset inventory, to which depreciation is applied. He then stated that there is $1.1 million in this reserve; however, the depreciation on the equipment, which is not reflected in the financial statements, is nearly $2 million. He also noted the importance of being able to purchase a piece . of equipment, possibly through the level of motor grader, for cash. Commissioner Stiff reiterated his concern about the reserve fund balances. Break - 3:20 to 3:30 D.m. Mayor Swanson declared a break from 3:20 p.m. to 3:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 08-10-92 __n _______..______ --~---~~~-_.__..- -- .. _.~ - - 10- Regular session The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 10, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, . City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - July 13. 22. 23. 27. 28 and Auaust 3. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of July 13 be approved as submitted; the minutes of the special meeting of July 22 be approved as amended; the minutes of the special meeting of July 23 be approved as amended; the minutes of the regular meeting of July 27 be approved as amended; the minutes of the special meeting of July 28 be approved as amended; and the minutes of the regular meeting ~of August 3, 1992, be approved as submitted. The motion carried by the following Aye and No ......, vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - Commission Resolution No. 2868 for levyina and assessing scecial assessments for city- wide street maintenance district for Fiscal Year 1992-93 This was the time and place set for the decision on Commission Resolution No. 2868, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY . OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. City Manager Wysocki noted that, included in the Commissioners' packets was a memo from City Attorney Luwe, dated August 6, regarding this agenda item as well as the next. Mayor Swanson noted that he was absent from last week's meeting, at which the public hearing was conducted. He then stated that he has reviewed the written testimony submitted as 08-10-92 -------.------.- - 11 - well as the minutes for the meeting and is prepared to vote on the resolution. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Commission Resolution No. 2868/ levying and assessing a special assessment for the city-wide street maintenance district. The motion carried by the following Aye .and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Decision - Commission Resolution No. 2869 for levyina and assessing scecial assessments for city- wide tree maintenance district for Fiscal Year 1992-93 This was the time and place set for the decision on Commission Resolution No. 2869/ as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission finally adopt Commission Resolution No. 2869, levying and assessing a special assessment for the city-wide tree maintenance district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Decision on master clans for (a) Lindley Park and (b) Lanaohr Park The City Manager reminded the Commissioners that they had received presentations on the master plans for Lindley Park and Langohr Park at their regular meeting of July 27. He then recommended that the Commission take action on the plans at this time. . (a) Lindley Park. Commissioner Frost characterized this master plan as generally a good one, noting strong support for the tree replanting program which is proposed. He then stated that he feels that the City should be required to comply with its own zone code; therefore, provisions should be included in the plan for planting of street trees and the installation of a sidewalk along the west side of Cypress Street. He noted that he does recognize the neighborhood's desire to not have street trees 08-10-92 -------- - 12 - along the park; however, he feels that planting the street trees as required by code will not substantially impede their view into the park. Commissioner Stiff expressed concern that to require street trees and a sidewalk will dramatically decrease the open space currently used for various sports activities, such as volleyball . and frisbee throwing. He then noted this is a city-wide park, much in need of expansion as proposed in the master plan, He then suggested that it is not wise to decrease the park area available by the planting of trees and installation of a sidewalk, Commissioner Vincent stated his support of the master plan as submitted by the Recreation and Parks Advisory Board, Commissioner Knapp stated she feels that Lindley Park is truly a community park, serving the entire city and its surrounding area, She then stated that, since this is a community park, she feels that to require street trees and a sidewalk is appropriate, maybe not immediately but in the next few years. She noted that the City "needs to be a good citizen and expect the same of ourselves as we do of others." Mayor Swanson noted his interest in acquiring the CMC property, if possible. He then ~addressed the issue of street trees, stating he feels that these plans must conform with the master .., plan and zone code which the Commission has recently adopted. Commissioner Stiff expressed concern about the process, and about adding an item which has previously received substantial comment from the neighborhood. Mayor Swanson noted most of that input arose during discussion of plantings under the SBA grant, He then noted that street trees will be space further apart than the plan forwarded at that time; and he does not feel they will create the visual barrier that the residents anticipated under that plan. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the master plan for Lindley Park, as forwarded by the Recreation and Parks .Advisory Board, with the addition of a provision for planting of street trees and installation of a sidewalk along the west side of Cypress Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff and Commissioner Vincent. (b) Langohr Park. Commissioner Knapp stated she lives adjacent to this park, and suggested that she may 08-10-92 - 13 - need to abstain because of that close proximity. City Attorney Luwe responded that this master plan should not result in a financial benefit; therefore, he suggested that she should be able to vote. Commissioner Vincent noted the Commissioners have recently received a letter from the . Wards regarding activities in the south end of the park and asked if that should be addressed in this process. The Mayor responded that he feels that letter should be forwarded to the staff for action as a separate item, rather than in conjunction with this master plan. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the master plan for Langohr Park, as forwarded by the Recreation and Parks Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Review of master clans for (a) Bogert Park. (b) Kirk Park and (c) 1-90 Park . The City Manager noted that copies of these master plans were included in the Commissioners' packets. (a) Bogert Park. Mr. Reeves Petroff, member of the Recreation and Parks Advisory Board, presented the master plan for Bogert Park, highlighting the major changes proposed for the park. He noted these include the addition of a pUblic telephone, for safety reasons; realignment of the parking to provide for 93 slant parking spaces along a one-way road; possible policy changes to ease traffic congestion problems in conjunction with the Farmers' Market; and extension of the pool deck ten feet to the west. Mr. Petroff stated that enclosure of the pavilion was discussed; however, it was .determined that with the various groups that utilize the facility, it would be best to leave it open. He then noted that the plan also calls for upgrading of the tennis courts and basketball area, expansion of the playground area, and sculpting of the stream bank and planting of trees to mitigate the hazards of the creek area. Commissioner Knapp asked if thought has been given to relocating the tennis courts and basketball court because of the drainage problems which exist, and whether the issue of damaged 08.10-92 - 14 - sprinkler heads because of cars driving on the grass was addressed. Mr. Petroff stated that the issue of relocating the tennis and basketball courts was discussed; and it was decided that the best option is to upgrade them at their current location. Mr. Jim Fisher, member of the Recreation and Parks Advisory Board, noted that Dr. Pohl .V\ has proposed in this master plan that cars not be allowed to park on the grass. He noted this was ~ out of concern for the condition of the grass; and it is anticipated that the additional parking spaces will alleviate the need to park on the grass. Responding to Commissioner Frost, Park Superintendent John McNeil stated that there has not been much damage to sprinkler heads in the past year because those heads which were being broken on a regular basis have been moved. He then noted that with this summer's rains, the grass was quite heavily damaged with the vehicles driving on it, particularly in the driveway area. He suggested that the installation of a grate system, which would involve quite extensive labor costs, would probably alleviate much of that problem. He noted that under this plan, it is proposed that bleachers be set up in front of the bandshell, where the cars currently park. He noted that this would encourage people to park in the parking lot and sit on the bleachers during ~ ~, . the concerts. He also noted that possible future acquisition of the CMC property could result in ~ additional parking within a half block of the park. Commissioner Vincent stated his support for keeping cars off the grass, particularly because of the problems they can create through compaction of the soil. Commissioner Knapp noted that Bozeman Creek creates a hazardous situation when the water is high. She also noted the problems that arise when landscaping is torn out by users of the park, particularly for the residents across the creek. She then suggested that the planting of trees and shrubs along the bank could limit access to the creek, except for an occasional fishing hole, while providing an attractive corridor. Park Superintendent McNeil stated that some of the private property actually crosses the ~ creek, extending to only 20 feet from the pavilion, although many people assume that the creek . , at \ is the property line. Commissioner Stiff expressed concern about the suggestion to prohibit parking on the grass. He noted the number of elderly people who drive to the band concerts and who are unable to walk extended distances to reach the bleachers. Mr. Petroff responded that a concrete walkway from the parking lot to the bleachers is 08-10-92 . .~'. _______. n" -- - 16 - in favor of moving the Farmers' Market to the downtown; however, the Farmers' Market Board was not in favor of the move. Commissioner Frost noted Mr. Gough's suggestion that landscaping be provided in the expanded parking area between the pavilion and the swimming pool. He stated concurrence that . the City should meet its landscaping requirements for parking lots and suggested that this master plan be forwarded to the Planning staff for appropriate review. City Manager Wysocki noted that this plan refers to federal funds being used to construct the pavilion in 1977. He then noted that local monies, through a general obligation bond issue, were also used to fund a portion of that construction. Commissioner Frost noted that Page 6 is missing from the copies of the master plan, and suggested that action on this plan be delayed until after the Commissioners have received copies of that page and had an opportunity to review it. Mayor Swanson requested that this master plan be placed on the August 24 agenda for action. (b) Kirk Park. ~ Mr. Jim Fisher, member of the Recreation and Parks Advisory Board, presented the master - .,., plan for Kirk Park, noting this is the only developed park in the west sector of the community. He noted that it has two full-sized baseball fields a stream running through the center, and a well-used picnic area. He noted that the Garden Club established flower beds in the park, which have not been well maintained in the past few years. Mr. Fisher stated that during neighborhood meetings, concerns regarding safety near North 20th Avenue were raised as well as the need for additional parking. Mr. Fisher then reviewed the revisions to the park which are proposed under this master plan. He noted it includes more picnic facilities, including a large pavilion, and a paved basketball court. He noted that the major activities in the park would be relocated from the North 20th . A venue side to the interior of the park, just south of the permanent restrooms, because that portion of the park is used very little at this time. He stated that an extensive trail system, which would be asphalt for handicapped access, is proposed through the park to provide access from the parking lot to the picnic area. He noted that other items included in this master plan are removal of the flower beds, a continued commitment to the baseball diamonds and a paved parking lot to be constructed off West Beall Street. 08-10-92 ------ -"... --- - --.... - ------------- - 17 - Mr. Fisher stated that this master plan also provides for closure of North 20th Avenue at some point along the border of the park. He noted that this would ensure the safety of those using the park as well as those parking on the street at the edge of the park. He stated the plan also proposed that the property in private ownership along the south side of the park be acquired if . possible, to allow for expansion of the park. He noted that if this option is not possible, at a minimum, the City should try to obtain an access easement through that parcel to ensure adequate access to the park. Commissioner Frost stated he feels this plan should be forwarded to the Planning staff for review, to ensure that the proposed parking lot conforms with the requirements of the City's zone code. The City Manager reminded the Commission that this master plan proposes a street closure, suggesting that issue be kept open in light of other pending requests; the Commission concurred. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the master plan for Kirk Park, as forwarded by the Recreation and Parks ~ Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being ~ Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. (c) 1-90 Park. Mr. Reeves Petroff presented the master plan for the 1-90 Park, noting that the City does not yet have ownership of the 15.38-acre parcel. He noted that this subject parcel is located at the off ramp of 1-90 at East Main Street, and is currently in the ownership of the Montana Department of Transportation. He stated the property is approximately 30 feet below road grade and is sub-irrigated and generally swampy. He noted that at the present time, the only access to the site is from North Broadway Avenue. . Mr. Petroff reviewed the proposed development for the site. which includes two softball diamonds, four combination fields, including full-sized and smaller soccer fields, an indoor tennis facility, outdoor tennis courts, picnic shelter, a playground area and a parking area which will accommodate 116 cars. He noted that access from the west, and the installation of water, sewer and electrical services to the site should be the top priority items for development of this park. He also noted that a drainage pond is proposed in the northwest corner of the site, which would be 08-10-92 _________n "- - 18 - utilized to drain the remainder of the site so that it can be developed as proposed. Mr. Petroff noted that the Story Mill Ditch runs along the edge of this parcel; and it would lend itself nicely to utilization as a link in the trail system. He also noted that there are flow rights to that stream for this parcel, although, the Board recommends that wells be utilized for irrigation .instead. Commissioner Frost stated his interest in forwarding this plan to the Planning staff as well, to ensure that the proposed parking lot meets all of the landscaping requirements. Responding to Commissioner Stiff, the City Manager stated he does not know if any acquisition cost will be incurring in obtaining ownership of this parcel. He then noted that the City has been informed that there are some rather stringent rules pertaining to the speed with which development is to occur on a parcel such as this if the ownership changes. Responding to Mayor Swanson, the City Manager stated he has been in contact with the Department of Transportation for approximately one year about acquisition of this parcel. He noted that during some of the initial contacts, he forwarded a proposed plan for development of the site; however, it was substantially different from this plan. He then indicated that a copy of this revised .Plan must be forwarded to the State so that they are aware of the changes. Commissioner Knapp suggested that the development of this parcel be broken into phases, so that if the City is required to react quickly because of the development stipulations attached to acquisition, it may be able to complete the first phase as the short-term improvement with long- term improvements to follow at a more leisurely pace. The City Manager responded that all of the master plans should be viewed as phased developments. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the master plan for 1-90 Park, as forwarded by the Recreation and Parks Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Discussion on Valley Unit to authorize counsel to Droceed with litigation against Michael Delaney and Delaney & COmDany. et al. City Manager Wysocki noted that, included in the Commissioners' packets, was a letter 08-10-92 ---- ---- -- ...- - 19 - from Mr. Bob Planalp, legal counsel for the City, to him, dated August 5, regarding Delaney & Company and Michael Delaney. He then noted that letter sets forth the concerns resulting from the auction sale of Valley Unit lots on June 9, and requested authorization to proceed with litigation. . City Attorney Paul Luwe reminded the Commission that Mr. Planalp has represented the City in matters regarding the Valley Unit Subdivision since the inception of those problems. The City Manager noted that he received a communication from Mr. Delaney's attorney on Friday afternoon; however, he has not had an opportunity to review that letter with the Valley Unit sub-committee. He then requested authorization to proceed with litigation, noting that a sub- committee meeting has been scheduled for 10:00 a.m. tomorrow. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize and direct counsel to proceed with litigation against Michael Delaney and Delaney & Company, et al. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. ~ -~ Memorandum of Understandina with County ra renovation of Law and Justice Center City Manager Wysocki asked that this item be delayed for a period of one week, at the request of the County Commission. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Copy of the letter which the Mayor wrote to Mr. John Rothwell, Director of the Montana Department of Transportation, regarding truck traffic in the Gallatin Canyon. . (2) Copy of the letter which the Mayor wrote to Mr. Ken Rapp, Department of . Transportation, regarding signage for downtown Bozeman. (3) Copy of the letter which the Mayor wrote to the Mayors' Design Institute, providing an update on the performing arts center project. (4) Water usage report for the week ending August 5. (5) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting 08-10-92 -.-...---- .- - ----- - - . .--- . -.-- ------- - 20 - scheduled for 7:30 a.m. on Thursday, August 13, at the Security Title office. (6) Letter from Larry Hancock, 225 North Broadway Avenue, regarding truck traffic on North Broadway Avenue. (7) A copy of the flyer which has been circulated around Figgins Addition regarding .the Bozeman Shelter Care facility proposed for that area. (8) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, August 11, at the Carnegie Building. (9) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday, August 11, at the Carnegie Building. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 11, along with daily minutes for the week of July 27. (11 ) Copies of draft ordinances for adoption of the current editions of the Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code. The City Manager indicated that these ordinances will be placed on an upcoming agenda for Commission action. .4a ( 12) The City Manager stated he has had recent contact with Representative Williams' ....., office regarding the Commission's letter seeking support for funding for purchase of the Burke property. He briefly reviewed the possibility discussed, which would include the sale of some of the Water Fund's property in the Sourdough Creek drainage to the Forest Service, with the Commission authorizing the transfer of some of those monies to the General Fund at a later date, for the purpose of acquiring the Burke property. He then noted that other options for funding include the Parkland Trust Fund, possibly some Surface Transportation Act monies, and contributions through the Gallatin Valley Land Trust. Mayor Swanson stated he has also received correspondence from Representative Marlenee, noting his intent to request that consideration be given to earmarking monies from the . Land and Water Conservation Fund monies for Fiscal Year 1993 for the acquisition of the Burke property. (13) The City Manager submitted his weekly report, as follows. (1) Noted that Sweet Pea activities went quite well, although one officer was injured when a motorist failed to stop. (2) Reminded the Commissioners of the Interagency Breakfast, scheduled for 7:00 a.m. on Wednesday, August 12, at the Baxter. (3) Announced the TCC meeting scheduled for 1 :00 p.m. on 08-10-92 -----------.. - . . - 21 - Wednesday, August 26, at the Library. (4) Noted that the Parking Commission met last week, where one of the topics of discussion was expansion of their authority to include on-street parking as well as the parking lots. (5) Stated that substantial time was spent last week in working on the memorandum of understanding for the law and Justice Center. (6) Announced that the signs for .the residential parking district will be posted from 10:00 a.m. to 3:00 p.m. on Friday, August 21, on West Dickerson Street between South 8th Avenue and South 9th Avenue, for Commissioner viewing. (14) Commissioner Frost submitted the following. (1) Noted that Don Mclaughlin has been selected as the architect for the interchange visitor's center, pending agreement on the cost of those services. (2) Attended the Planning Board meeting on Tuesday evening. (3) Attended the Parking Commission meeting on Thursday morning. (4) Rode in the Sweet Pea parade on Saturday, to promote using helmets when riding bicycles. (15) Commissioner Vincent distributed copies of an article that he saw when in Seattle regarding the budget problems that the City of Kent is facing. He noted they have laid off 13 employees, in an attempt to address a $1.7 million budget deficit, as well as raised various fees ~and taxes. ~ (16) Commissioner Knapp submitted the following. (1) Worked at Sweet Pea on Tuesday, at the Baxter. (2) Rode in the parade on Saturday, wearing her bicycle helmet. (3) Noted an hour and a half conversation with two young boys regarding government on Friday evening. She noted the importance of taking the time to talk to youth when they are interested in the topic. ( 17) City Attorney luwe submitted the following. (1) Noted that the ordinances in this week's packet under "FYI Items" as well as some other ordinances pertaining to adoption of the uniform codes will be submitted to the Commission for action next week, since the State is requiring cities planning to enforce the codes to have them adopted by September 1. He also noted that an ordinance revising the general penalty clause in the Municipal Code will be forthcoming, to . ensure that enforcement of the uniform codes is consistent with enforcement of other misdemeanor penalties. (2) Announced that he will be on vacation for the remainder of the week. (3) Reminded the Commissioners that if they are served with the lawsuit filed by John Alston, they are to forward it immediately to Barry O'Connell, since the time of service triggers some very short timeframes. (4) Announced that the first DUI case involving a video tape has been tried, noting the defendant was convicted even though the tape generally was viewed as neutral. 08-10-92 n ._.__._ ..__.n ___ _ ..___._.____ ----- -~~-_._~..__.._..._..._--_..._-_._---~~-_._-----~ . - 22 - ( 18) Clerk of the Commission Sullivan cautioned the Commission that for next week's agenda, seven public hearings have been scheduled for the evening session; and one of the Commissioners will be absent. Mayor Swanson suggested that, due to the time constraints involved, staff be encouraged eta provide abbreviated staff reports, public testimony be taken, and all Commissioner discussion and decisions be delayed for a period of one week. ( 19) Mayor Swanson submitted the following. (1) Worked at Sweet Pea, both at the Baxter and at Lindley Park. (2) Rode in the Sweet Pea parade, promoting the wearing of bicycle helmets. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Award bid for 1993 Mini oumoer truck for Fire Deoartment to Becker Fire Eauipment COmDany. CasDer. Wyomina for $70.519 Reauest for time extension of 10 months for deviation granted on Auaust 19. 1991 to delay reauirement of Davina of rear lot from Connell Auto Center. 1735 West Main Street e Approve erection of aazebo/oicnic shelter in PLI zone at East Gallatin Recreation Area: Dending review and aDDroval by DRB Clarification of Commission decision regardina O'Connell Drive at Julv 13 meetina Authorize absence of Commissioner Frost from meeting of August 17. in comoliance with Section 7-3-4322(2), MCA Claims It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adiournment - 5:07 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. 08-10-92 _n_ _____ _..__________.._ .. . . - 23 - .ATTEST: ~ J~ ROBIN L. SULLIVAN Clerk of the Commission . . 08-10-92 --.---...