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HomeMy WebLinkAboutH7 10 comm Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Future Location of the Ten Commandments Monument MEETING DATE: December 11, 2006 BACKGROUND: As the city commission is well aware, Soroptimist Park received a major face lift as a result of a federal CTEP grant this past summer and fall. The City of Bozeman’s Grant Administrator, Sara Folger, is the project manager for this job. Scott Nelson of CTA Architects & Engineers conducted the design work, and Bill Halpin of Greenspace Landscaping was contracted to do the landscape work. During the March 22, 2004 Commission meeting, there was a motion “that the commission approve the proposal to redesign improvements to Soroptimist Park and authorize Scott Doss to proceed with the revisions”. The discussion of the redesign had no mention of the Ten Commandments monument that had previously been located in Soroptimist Park since its donation to the City from the American Order of Eagles in approximately 1970. After reviewing the minutes of the city commission meetings, I could find no reference as to what would happen with the monument. In fact, the city commission never approved a final site plan for the park. Therefore, understanding that the monument was a gift to the city, I felt that the monument should remain in the city’s ownership and be displayed in the park. Upon discussing my decision with the city commission, I felt comfortable keeping the monument in the park. I proceeded next by asking Scott Nelson of CTA to consider providing me with a site recommendation. Specifically, I wanted his professional opinion because he was the park’s designer, as to where the monument would be best located in order to fit most appropriately into the project. Mr. Nelson offered to review the site plan and stake the monument’s relocation without any additional costs to the City. While Mr. Nelson was concluding his work, Charles Swart, a local citizen, was asked to coordinate the re-installation with the City. Mr. Swart had approached me on several occasions throughout the summer with the desire to pay any and all costs associated with the reinstallation. Mr. Swart worked with Bozeman Granite Works and agreed to pay the roughly $2,400 necessary to reset the monument in the park. In early October Sara Folger, Scott Nelson, and I met on site. We reviewed where the reinstallation would take place. In mid October, Bozeman Granite Works reinstalled the monument in Soroptimist Park. Unfortunately, their equipment could not reach the staked location so they were reinstalled along the south boundary of the park (when I originally spoke with CTA they had identified the south boundary as a possible location, but later decided that the staked area near the south west area would be more appropriate). At the time of the reinstallation neither Scott Nelson nor I were in town to offer assistance in this dilemma. The cost of the reinstallation was covered by Mr. Swart, who is currently residing in Texas during the winter months. Approximately one week later, the monument was removed from the park by Greenspace and was dropped off at the city shops complex with no notice to, or permission from, the City. James Goehrung, Bozeman Facilities Superintendent, was asked to fully investigate the situation and offer an independent perspective. Mr. Goehrung interviewed Mr. Nelson of CTA, Mr. Halpin of Greenspace and Tom Olsen of Bozeman Granite Works. He then sent the attached letter, dated October 17, 2006, to Mr. Halpin asking him to consider becoming a part of the solution to this problem. To this date, there has been no formal response from Mr. Halpin. A phone conversation between Mr. Goehrung and Mr. Halpin seemed to indicate that Mr. Halpin was not interested in assisting the city. So where do we go from here? I felt it necessary to investigate several options prior to bringing this issue in front of the Commission and public. I have received countless calls and offers from individuals representing themselves, their companies and/or their organizations to help the city in this situation. I have also taken calls from citizens who would rather not see the Ten Commandments monument displayed on city property. There is no shortage of interest in this subject and offers have been made to pay any costs associated with retaining the monument in Soroptimist Park as well as offers to display them on private property located on North 7th, Wilson and other prominent locations throughout our city. This past week, I met with several members of two local pastoral groups seeking their counsel to this situation. On an individual basis, many would like to fight to retain this important monument in our public space, but don’t believe it is the local government who should be strapped with the responsibility of such a task. In talking with the Eagles, their first choice is that they remain in Soroptimist Park as they have since the organization gifted them to the city some thirty-five years ago. Bozeman Granite Works has offered to reinstall the monument into the park, renting the necessary equipment to reach the preferred location determined by CTA for approximately $1,700. I believe it would be inappropriate for Mr. Swart to be asked to cover the total cost as he has already spent over $2,300 for the original installation. Many others in the community have offered to pay this expense if it is the preferred option by the city commission. I also believe that we have an excellent second option. I have approached St. James Episcopal Church. St. James owns and maintains Canterbury Park which is located at the corner of Olive and Tracey. Canterbury Park is accessible to the public at any time and is not actually located on the same site as the church. Also, Canterbury Park is in our downtown. The leadership of St. James is willing to discuss the potential for Canterbury Park to provide an alternate home for the Ten Commandments monument. In speaking with dozens of pastors in our community, most everyone agrees that Canterbury Park offers an excellent alternative to Soroptimist Park. In speaking with the Eagles, they also agree that this is an excellent option and though they prefer Soroptimist, they would support this alternative site. RECOMMENDATION: Option 1 – authorize the City Manager to re-install the gifted Ten Commandments monument into Soroptimist Park. Option 2 - authorize the City Manager to work with the Eagles and St. James for their consideration in displaying the monument in Canterbury Park. FISCAL EFFECTS: If option 1 is selected the re-installation is expected to cost approximately $1,700. Several individuals and local companies have offered to pay this cost, resulting in no cost to the City. If Option 2 is selected, Mr. Swart should be reimbursed for the original reinstallation which was approximately $2,400, to come from the City. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ____________________________ Chris A. Kukulski, City Manager Attachments: October 17, 2006 letter Report compiled on December 6, 2006 Superintendent of Facilities City of Bozeman P.O. Box 1230 Bozeman, MT (406)582-3232 October 17, 2006 Bill Halpin Greenspace Landscaping 34039 Frontage Road Bozeman, MT 59715 RE: Soroptimist Park Contract Dear Bill, I talked to you this morning regarding the outcome of the interviews I conducted with the principles involved in the Soroptimist Park development and the issue of the re-installation of the Ten Commandmentss monument. Because you were not willing to agree to the recommended cure that I proposed, this letter is intended to provide you with a written opportunity to respond. As we discussed, after reviewing all the information presented in the interviews and some of the contract documents, I acknowledge that all parties helped contribute to the problem. The monument will be re-installed in the park and the costs will be shared by those responsible for the failed first effort. All parties were aware of the plan to re-install the monument. While we failed to notify you prior to installation, your action to remove the monument off the site without permission was outside the scope of your responsibilities. Your action in physically removing City property without proper authorization draws you into bearing some of the responsibility and therefore the cost of re- setting. Because the monument was not installed in the formally identified location it will need to be re-set in the park. Bozeman Granite Works has provided me with a price to move the monument from the City Shop Complex to the park and re-set the stone in the proper location. The fee will be $1,700.00 plus the hourly cost of renting a crane to lower the stone into the proper location. I will have Scott Nelson from CTA re-stake the 3 foot by 5 foot location for the monument base. Once this work is done Bozeman Granite Works will be given authorization to proceed with the installation. The work will be outside the scope of your contract and you will not have any of the liability for the monument. Because you acted outside the scope of the contract ½ of the cost of installation, $850.00, will be charged to Greenspace Landscaping. You mentioned the costs incurred for re-claiming the 3 foot by 5 foot spot where the monument was placed and the replacement of the irrigation lines impacted by Bozeman Granite Works. If you want to provide me with a detailed breakdown of the reasonable costs associated with this rehabilitation I will take that into consideration. Please respond in writing within one week of receipt of this letter, October 25, 2006, with your formal response. If we can reach an agreement that is within the spirit of this letter then the issue is behind us. Yours Sincerely, James Goehrung Facilities Superintendent