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HomeMy WebLinkAbout2000-01-24 Minutes, City Commission, special MINUTES OF THE WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA January 24, 2000 ***************************** . The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, on Monday, January 24, 2000, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, and Deputy Clerk of the Commission Murphy. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Work Session - (A) UDdate re City-County Health DeDartment - Health Officer SteDhanie Nelson: (B) Presentation from Northeast Neiahborhood Association (NENA) - Jon Gerster: (C) Presentation/bus tour re street standards: (D) Orientation/budget Dresentation re MuniciDal Court - Law and Justice Center (A) Update re City-County Health Department - Health Officer Stephanie Nelson Health Officer Stephanie Nelson presented an update on the City-County Health Department, noting that she hopes this type of update can be provided on a more regular basis in the future. She indicated one of her goals is to improve communications between the City- County Health Department and the City Commission, and face-to-face discussions and updates . will assist in meeting that goal. She noted that the Health Department has changed their seal, which was done purposefully to demonstrate to the public that they do represent both the County and the City. The Health Officer stated that the Health Department is in the process of getting the word out regarding the wide array of services they provide to the community. The Department is also striving to open the lines of communication with the community by identifying needs and engaging community help to resolve some of these problems, as well as making the citizens aware of the services offered. The Health Department has cleaned up approximately 900 permit files; and this represents many years of hard work by staff. The result is management of records that is professional, consistent and fair. The Health Department is just about finished with the process of adopting a health code, the purpose of which is to provide both employees and the public with professional and systematic ways to put together policies and procedures regarding enforcement activities that are clearly part of the Department's jurisdiction. The Health Officer noted the first chapter of the code pertains to food establishments; the next chapter to be undertaken will be one on communicable diseases, specifically related to quarantine. When the upcoming budget is presented, the Health Officer noted the Commissioners . will see a budget that reflects information gleaned from surveys and historical usage of the Health Department by consumers as well as the effects of growth. Environmental health is another concern of the Health Department, particularly since the number of septic tank permits issued is now twice what it was in 1997. Also, the number of food establishments has increased significantly; and in 1997, the Department did 613 inspections, compared to 805 inspections last year and 510 inspections already this year. The Human Services Division is trying to accomplish a couple things. One is improving the immunization rate for children, which has increased from 56 percent in 1996 01-24-2000 ---..-...-- --.--.-. ..- -- -. -- - 2 - to 90 percent this year, or close to the national goal. The Health Officer noted that, with the amount of international travel now being undertaken, communicable diseases and immunizations are becoming an even larger issue. The Health Department is assessing the community health needs by conducting a full- scale County assessment; and access to health care seems to be one of the highest needs. The Department is working closely with other resources in the community to pull together a health services safety net. Health care is now beginning to feel the effects of welfare reform . and the issues of poor working families, since many of those families don't have health insurance. The Health Department is also attempting to pull together an alliance of individuals to improve dental care of individuals in the community. Responding to Commissioner Smiley, Health Officer Nelson indicated she would appreciate feedback if the Commission would like a different format of budget presentation. She is looking at moving toward performance standards measures when looking at the budget, but that will be several years out. In answer to a question from Commissioner Smiley, the Health Officer replied that everything the Health Department does is in partnership with other agencies. She recognized that the community needs a comprehensive mental health plan, and there needs to be creative funding for it. She feels this is the key to underlying problems in this community, highlighting drugs, violence, chemical dependency as some examples; and she recognizes that, while there are lots of resources available if people are aware of them, there are lots of gaps as well. Health Officer Nelson informed the Commission that they are now in the process of developing a web site that they hope will allow consumers and agencies to interact. Also, the Department is hoping to be a recipient of a Uturning point grant" which will allow them to look at ways to improve the public health infrastructure. The Department is trying to figure out new ways of doing business with limited resources, while keeping in mind that the responsibility . for the public health of an individual does not lie solely with them. Responding to Assistant City Manager Brey, the Health Officer noted that substantial changes have been made in the subdivision process regarding sanitation systems, and steps are being taken to determine the relationship between local Health Departments and the Department of Environmental Quality to ensure that issues are adequately addressed. She noted that one-third of the lots in major subdivisions in the state are occurring in Gallatin County, which could have a major impact on the environment. She characterized septic tanks as a large issue for the Health Board, along with oral health. Mayor Youngman thanked Health Officer Nelson for her presentation. (B) Presentation from Northeast Neighborhood Association (NENA) - Jon Gerster Jon Gerster, 719 North Wallace Avenue, presented an update from the Northeast Neighborhood Association (NENA) based on his memo, which was distributed in the Commission packets. Mr. Gerster said it is preferable to present a Ustate of the neighborhood address" rather than just hand the Commissioners a piece of paper, and noted the northeast neighborhood sometimes feels like they are an uunderdog in this city". . NENA was revived in February, 1999 in an attempt to get a positive dialogue started between residents, the City, and northeast businesses. The first meeting drew 107 people and out of that meeting came a lot of good ideas and momentum, and they are still seeing progress in many areas. Mr. Gerster stated that he is now a firm believer in strategy and tact, and he believes both businesses and citizens need to be involved in these discussions. He also noted that it is very comforting to hear of smart growth planning. Mr. Gerster outlined some of the assets of the neighborhood--diversity, a good mix of people, including several artists; a mix of uses, including residential, commercial and industrial usage; it's an affordable neighborhood with a nice proximity to green spaces; often 01-24-2000 .. -.--.--.------.---- ---...-. - 3 - called the "incubator of Bozeman"; and it is the only mixed historic use area outside of Main Street. He noted that NENA now refers to their area as a smart growth neighborhood. In the past year NENA has overcome several challenges (there are no problems, only challenges); and Mr. Gerster stated that productivity is the only reason they are formed, and they wantto solve some of these challenges. The group feels they need to get businesses to participate in the northeast future; and when they don't participate, the group "threatens to plant flowers." . NENA has published four newsletters this past year, and they have a good network for distributing those to over 450 homes and businesses. During the distribution, they knock on doors and get input from both residents and businesses, particularly since people enjoy reading what is going on instead of guessing what might happen. Mr. Gerster reported that NENA has established task groups to handle specific challenges. One group is addressing safety, traffic, and speed issues, particularly on North Wallace Avenue. Another group is devoted to addressing the open/green spaces issue, particularly since the neighborhood is in close proximity to Story Hills, and open spaces have been identified as one of the community's valuable assets. Mr. Gerster identified dogs as a real concern in the neighborhood, so they have also formed a task group to handle that challenge. Mr. Gerster noted that the northeast neighborhood is affectionately referred to as "Dog patch" by the postal carriers and animal control officer. This group has come up with a "friendly reminder" letter, which will be sent to the pet owner prior to a visit by the animal control officer. Mr. Gerster noted that other big concerns for the northeast neighborhood include historic preservation, neighborhood clean-up, and lighting. He noted that the residents are encouraged by the newly-created historic district around the railroad. He stated that some . people seem to regard the northeast area of the City as a dumping ground for the community, and they are attempting to overcome that idea. Residents are concerned about lighting, since it seems there is either too little or too much lighting in various locations throughout the neighborhood. Mr. Jon Gerster noted that several people have taken on special projects, including traffic control signs, parking and dog problems. He characterized the Main Street to the Mountains trail system as both an asset and a liability, since people often park inappropriately in their neighborhood to access the trail, and don't keep their dogs under control. Mr. Gerster reported that Derek Strahn, Historic Preservation Officer, spoke to the group this fall and suggested they might be able to create a North Church Avenue Historic District. After Mr. Strahn's slide presentation, outlining the requirements and ramifications of such a designation, people from the North Church area agreed they would be willing to look into such a designation. NENA views this as a positive step and believes there is a chance that in the next couple of years they may end up with designated historic residential districts. Highlighting NENA's issues of concern for the future, Mr. Gerster noted that most of them deal with the expansion of the industrial base in the northeast sector. The philosophy NENA wishes to convey to the landowners is that you have to be able.to work where you live and live where you work. He stated that NENA is encouraged by the East Main Street . improvements-flowers and trees being planted, buildings being restored, etc. ; and they view this as affirmation that the working class part of town does merit restoration and preservation. Mr. Gerster also highlighted NENA's "wish list" for the future. Included in that list is more signage on Wallace Street; the preservation of open space; being included in the updating of ordinances and enforcement efforts; continuing dialogue with the northeast neighborhood, particularly business landowners and the City; and working together to change the perceptions of the neighborhood. The Mayor thanked Mr. Gerster for his presentation. 01-24-2000 ------- - 4 - Break - 4:00 to 4:10 D.m. Mayor Youngman declared a break from 4:00 p.m. to 4: 1 0 p.m. to move the Commission meeting from the Commission Room to a bus to conduct a tour of streets in the community, ending at the Law and Justice Center for the remainder of the meeting. Work Session - (A) Uodate re City-County Health Deoartment - Health Officer SteDhanie Nelson: (B) Presentation from Northeast Neighborhood Association (NENA) - Jon Gerster; . (C) Presentation/bus tour re street standards: (D) Orientation/budget oresentation re MuniciDal Court - Law and Justice Center (C) Presentation/bus tour re street standards Planning Director Andy Epple, City Engineer Craig Brawner and Street/Sanitation Superintendent Roger Sicz participated in the presentation of information during a tour of various street standards throughout the community. City Engineer Craig Brawner distributed copies of a map showing the route to be followed during the tour and a map showing the widths of the rights-of~way and street widths in the older part of the community. Planning Director Epple noted that the tour will include examples of the narrower street widths in the older parts of town as well as some of the newer streets which were originally approved as private sub~standard streets, examples of the current local street standards, and examples of the rural street standard allowed within the city limits. During the tour, Street/Sanitation Superintendent Sicz encouraged the Commissioners to keep in mind that a snowplow is 12 feet wide and, when turned at an angle, it is approximately 10 feet wide. He cautioned that, during a typical winter, snow storage moves . vehicles approximately three feet out from the curb, thus narrowing the driving aisles. City Engineer Brawner stated the typical local street standard in Bozeman is a 37- foot-wide street located in a GO-foot-wide right-of-way, with 5 %-foot-wideboulevards and 5- foot-wide sidewalks on each side. He noted that the 37-foot width allows for two a-foot-wide parking lanes and two 11-foot-wide driving lanes. Street/Sanitation Superintendent Sicz stated that curb walks present a real problem for the snowplows as well as the property owners. During the tour, City Engineer Brawner identified the widths of the streets along which the bus was traveling, along with any parking restrictions which have been imposed on the narrower streets. After touring the older parts of the community, where the streets generally range from 29 to 37 feet in width, the tour went down South Third Avenue to Figgins Addition, where the bus turned around in a 50-foot radius cul-de-sac. The tour then moved to Westfield Subdivision, where Fieldstone Drive was constructed as a 28-foot-wide private street with rolled curbs and was later dedicated to the City because of the maintenance problems. Director of Public Service Arkell noted that this was the first street in the subdivision, for which Clair Daines is the developer; and after he saw the results, he constructed the remaining streets at the 37-foot-wide standard. . Responding to Commissioner Kirchhoff, City Engineer Craig Brawner stated that reducing the street standard from 37 feet to 33 feet will result in minimal savings per lot, possibly a few hundred dollars; and those savings will not be passed along to the purchaser. After the tour of Westfield Subdivision, the bus moved to the Sundance Springs Subdivision, where rural street standards were allowed, and the edges of the asphalt are beginning to break away. During that drive through, staff members also noted how a barrow pit separating the street from the sidewalk truly creates a barrier between the two. 01-24-2000 - 5 - The next stop on the tour was the University Apartments, which are located along the north side of Kagy Boulevard, just east of South 19th Avenue. Planning Director Epple characterized this as "a project that got away from us", with its narrow street and hammerhead turn around for fire trucks, along which there is to be no on-street parking. They recognized that enforcement of those no parking areas is difficult and generally unsuccessful. The Planning Director noted this is an instance where the required off-street parking requirements do not meet the actual needs, and forwarded a suggestion to determine the required parking spaces based on the number of bedrooms in each unit. . As the tour continued along South 19th Avenue toward the Law and Justice Center, City Engineer Brawner gave a brief update on the preparation of plans and specifications to improve South 19th Avenue to a five-lane facility, suggesting that if the City has those plans ready when Montana Department of Transportation monies become available, that project could be moved up on the list. (D) Orientation/budget presentation re Municipal Court - law and Justice Center Victim Witness. The Commissioners toured the third floor of the Law and Justice Center, where the new victim services offices are being constructed. Kathy Coles and Jan Brownell, representatives from that office, gave the Commissioners an information sheet on their services and a copy of the floor plan. City Manager Johnson noted that both the Police Department and the 9-1-1 Center have needs for records storage, and suggested that some of the remaining area could be devoted to meeting that need, recognizing that the load limits of this floor must be carefully taken into consideration. . Municipal Court. Municipal Judge Patricia Kyle Carlson noted that she and Clerk of Court Nena Gee have worked closely together for the past four years and during this transition from City Court to Municipal Court. She characterized the transition as "incredibly smooth", owing in part to the fact that many of the forms created under the City Court are still applicable in Municipal Court. Clerk of Court Nena Gee distributed information sheets on the Municipal Court. She noted the Court is currently staffed with four full-time clerks, including her; and their primary responsibilities include data entry, providing professional and courteous assistance at the counter and on the telephone, serving as clerk/bailiff in the courtroom, maintaining records, keeping minutes, handling of finances, and issuing summons, warrants and orders. Clerk of Court Gee noted that the conversion to a Municipal Court has resulted in numerous changes, including supervision of the administrative portion of this operation being moved to the Finance Department, pending the outcome of the lawsuit. She indicated a willingness to try this conversion with the existing staff level, which has been low; however, she cautioned that she may be requesting additional staff members if the current staff cannot keep up with the workload. Clerk of Court Gee voiced her excitement with the new FTR Gold recording system that has been installed in the court room, and distributed a copy of the computer screen from . which it operates. She noted that the court room has four microphones and, when listening to the recording, the channels can be turned off or on so that all of the recorded information can be heard. She characterized this as a state-of-the-art system, which uses CDs rather than tapes for recording. Portions of or entire CDs can be reproduced upon request, thus eliminating the need to provide transcripts or hire a court reporter. She indicated that the Clerk does maintain minute entries as the system is recording, to make it quicker and easier to find specific items upon request. Responding to questions from Commissioner Frost, Municipal Judge Carlson stated that the Clerk enters times in the minute entries, rather than counter numbers. She noted that, 01-24-2000 -- - ----- -.- ---.-- ---------- - 6 - as the Clerk makes entries into the computer, it is also recording what is being said in Court. She indicated that the minutes are needed in case of an appeal, so that the information upon which the appeal is based can be more easily found. Commissioner Frost stated that it appears the information is being entered twice, once by the recording system and once by the Clerk. Clerk of Court Gee confirmed that is correct, noting that while not many minute . entries are made during Judge trials, there are many during jury trials. She characterized the minute entries as an outline of the proceedings of the day, requiring minimal Clerk input. Responding to Commissioner Frost, Municipal Judge Carlson confirmed that the Clerk is needed in the court room during the entire trial, to ensure that the appropriate minute entries are made. Municipal Court Judge Carlson distributed copies of the outline for her presentation, as contained in a memo dated January 24, 2000. She noted that the City Court did not require a record of proceedings or detailed verbal discussion with attorneys and defendants. She stated that the Municipal Court's jurisdiction is concurrent with the Justice Court and contempt charges concurrent with the District Court, in addition to the jurisdiction of the former City Court. She also noted that the Municipal Court must comply with the District Court rules. Judge Carlson reviewed the type of minute entries required, at a bare minimum, as reflected in her memo. Those entries essentially reflect when each step began, with the entry of each exhibit being a critical item for recording. She stated the Municipal Court is responsible for providing those minutes, particularly on appeal; and indicated that what she has identified in the memo is the minimum acceptable to Clerk of District Court Lorraine VanAusdol. . Judge Carlson stated that last year, 475 judge trials were requested and 116 judge trials were held; and 373 jury trials were requested and 19 were held. She noted that a judge trial generally lasts two to three hours, and a jury trial generally lasts most of a day. This means that the Clerk spends many hours in the court room, taking her away from her other duties. In response to questions from City Manager Johnson, Municipal Judge Carlson reviewed the manner in which the District Court-sessions are recorded and minutes maintained. She then stressed that, on appeal, the official record from Municipal Court is the CD, although a written transcript may be provided for part or all of the trial. Responding to Commissioner Frost, the Judge confirmed that someone must be at the computer during all trials. She noted the law does not require a record of proceedings during open court session, unless an evidentiary hearing is involved, so no Clerk is present during open court at this time. She stated, however, that for the past four years she has operated the LJCMS computer from her bench, entering pertinent information on the cases before heL She cautioned this may need to change under the Municipal Court system, so that the Clerk operates that computer to allow her, as Judge, to concentrate on the judicial matters. Municipal Judge Carlson stated that the slight decrease in citations has resulted in . a $130,000 decrease in revenues, and noted she anticipates both the number of citations and the revenues will increase as, the Police Department comes back to full strength. The Municipal Judge turned her attention to her needs for the upcoming fiscal year, which includes the hiring of two additional clerks to meet the workload demands and ensure the timely collection of fines assessed, and additional space. She noted that the court is gov~rned by a statutory list of priorities, and the issuance of summons and warrants is at the bottom of that list. She stated that one alternative for collecting fines is the use of a collection agency; however, an acceptable arrangement with a private firm has not yet been developed. 01-24-2000 - 7 - Clerk of Court Nena Gee identified what she envisions as the future needs of her office, which include upgrading of the computers currently on the DOS system, which will be done through the Supreme Court; the possible acquisition of handheld ticket writers for the Police Department, which will allow for the downloading of data into the Court computers; the addition of storage racks for files; possible increase in staffing and space; and additional training for staff. Responding to City Manager Johnson, Clerk of Court Gee stated the Supreme Court . would probably be the best source of training for staff. She noted that a clerks' school is held in conjunction with the Judge's conference, and one clerk generally attends those sessions; however, it would be preferable to provide training for all the clerks at the same time, particularly during this conversion from a city court to a municipal court system. She noted that, at the present time, the best resources available are other municipal courts around the State, Staff Attorney Patricia Day-Moore, and the Supreme Court. Municipal Judge Carlson noted that, as she reviews statutes and other requirements for municipal courts, she writes memos identifying those new requirements so the information can be more readily accessed. Clerk of Court Gee identified additional projects which she hopes to have completed in the future, including development of a procedures manual; development of a new way to deal with time pay; revision of the manner in which cases for which a public defender has been appointed are handled; identification of ways to reduce the amount of Clerk/defendant communication time in the Courtroom; exploration of ways to provide a bailiff during court proceedings, as required by statute; and construction of a new Clerk's station in the Courtroom. She concluded by forwarding her policy question of whether the Commission wishes to be kept abreast of the Court's status regarding statutory requirements and deadlines. Municipal Court Judge Carlson stated that while the statutes state a bailiff shall be . provided, the bailiff's duties are at her discretion. She indicated that she will work with Chief of Police Tymrak on this issue, suggesting that person could also serve warrants. She concluded by requesting additional monies for substitute judges, noting that she has already exceeded the figure budgeted for this fiscal year. At the Commission's request, Judge Carlson gave the Commissioners a brief tour of the offices; and Prosecutor Susan Wordal showed them her office. At the conclusion of the tour, the Commissioners returned to the bus and back to City Hall. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Engineering Assistant Andrew Kerr to property owners announcing the prohibiting of parking at any time on the south side of the east-west alley adjacent to the parking lot west of 23 North Tracy Avenue. (2) Letter from Joni Staffanson regarding receipt and distribution of her . December 1999 letter. (3) Letter from Anne Tufte regarding today's bus tour and Durston Road. (4) Memo from Dave Johnston regarding Smart Growth ideas. (5) Bozeman Area Bicycle Advisory Board minutes of the January 4, 2000 meeting. 01-24-2000 -.----.--.---.- .--. ".-..- - 8 - (6) Minutes of the December 17, 1999 meeting of the Bozeman Watershed Council. (7) Agenda for Improvement District Board meeting on Thursday, January 20, 2000. (8) Agenda for Development Review Committee meeting on Tuesday, January 25, 2000, . (9) Agenda for Design Review Board meeting on Tuesday, January 25, 2000. (10) Agenda for Gallatin County Commission meeting on Tuesday, January 25, 2000, Adjournment - 6:20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none. MAR~u~lC:r ATTEST: . (jjf:;i2~ RO N L. SULLIVAN Clerk of the Commission PREPARED BY: ~~~.~ KA EN L. MURPHY Deputy Clerk of the Commission . 01-24-2000 .. __._n____.____._____.___