HomeMy WebLinkAbout2000-01-10 Minutes, City Commission, work
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MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 10, 2000
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. The Commission of the City of Bozeman met in agenda meeting and work session at
the Law and Justice Center on Monday, January 10, 2000, at 3:00 p.m. Present were Mayor
Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk
of the Commission Sullivan.
The meeting was opened with the roll call.
Work session - (A) Continued orientation session for Commissioners
Police. Chief of Police Mark Tymrak began his presentation in the lobby of the Law
and Justice Center, outside the Police Department. He noted that the "infamous window" was
previously manned from 8:00 a.m. to 4:00 p.m., Monday through Friday, and that time was
then expanded to 8:00 a.m. to 5:00 p.m., Monday through Friday. He noted that, in light of
Commission action last year, the window is now manned from 7:00 a.m. to 8:00 p.m., seven
days a week. He stated that, because those who man the window are also involved in records
or warrants, they are working around the corner; and it is still necessary to use the phone to
gain assistance.
. The Chief gave those in attendance a tour of the Police Department and the areas
which the Police use jointly with the Sheriff. He noted that the Police Department has 46
employees working out of this facility, and encouraged the Commissioners to note the fact that
this department has many windows in the southern exposure and no air conditioning, leading
to unbearable temperatures in the summer.
The Chief noted that in 1994 his department was excited to move to these facilities;
however, with the change in personnel over the past six years, it has now become crowded.
The Chief continued with his presentation in the Municipal Court Room, distributing
a copy of that presentation. He noted that he does not have statistics to offer at this time;
however, he noted the annual report should be ready by mid-February.
The Chief of Police stated the bottom line is that he needs funding for additional
personnel in next year's budget. He noted that at 10:00 a.m. last Friday, for the first time in
history, the level of sworn officers hit forty; and by 4:30 p.m. one of his sworn officers had
suffered an injury that will keep him out for a minimum of eight weeks. He gave an overview
of the purpose of his department as well as a breakdown of the forty sworn officers and six
civilian support personnel. He noted that the department has one school resource officer and
more officers are needed. He also indicated that, due to the number of calls the department
is receiving, the officers have become reactive, with less time for proactive law enforcement.
. He characterized training and additional office space as a priority, noting that law enforcement
is ever changing and evolving.
Chief Tymrak stated he is concerned about the overtime which his officers are
incurring, not just from a cost standpoint but from the impacts on those officers. He noted that
a minimum of three officers are needed on each shift, to ensure the safety of those officers.
He indicated that in the past two years, two officers have taken medical retirements, "after
languishing on sick leave for nine months"; and it is difficult to cover shifts in that type of
situation.
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Chief Tymrak stated he is also concerned about the impacts that the conversion to
Municipal Court will have on his department. He noted that one of his officers has been
designated to assist in City Court and has been assigned to serve warrants and to serve as
liaison between the City Court and the Police Department. He stated that, with the conversion,
that officer will spend significantly more time in court. He also indicated that the requirement
for filing of notarized documents will also add to the officers' workload and will increase costs
to the department if all of the officers need to also be Notary Publics.
. Chief of Police Tymrak noted that the Police Department, the City Attorney's Office
and the City Court all work together in the issuance and processing of citations. He stated that
last fiscal year the General Fund realized $831,000 in revenues from fines and forfeitures and,
through the first six months of this fiscal year, $335,000 in revenues has been generated. He
noted that this is due, in part, to the lack of officers having time to write citations.
The Chief of Police identified his goals for the upcoming fiscal year, which include
pursuing and using new technology, building partnerships, increasing personnel in several areas,
seeking alternative funding solutions, and becoming more proactive. He identified his concerns
as pertaining to the population growth, geographic growth through annexations, increased
demands for service, unfunded mandates, and a proposal to cap the population at the Detention
Center.
Responding to City Manager Johnson, the Chief of Police stated that, through a
mutual aid agreement, his department responds to calls for assistance outside the city limits
and, in turn, he expects other departments to respond to calls for assistance from his officers.
He recognized that his department could refuse to provide assistance outside city limits, but
he finds the cooperation from other departments critical within the city limits.
Chief Tymrak reviewed the officer to population ratios, noting that the nationwide
average is 2.4 officers per 1,000 population; the state average is 1.5 officers; and Bozeman
. has 1.3 officers per 1,000 population. He encouraged the Commission to also take the
University into consideration and to recognize that Bozeman has one of the fastest growth rates
in Montana.
In response to questions, the Chief noted that having the Police Department, Sheriff's
Department, court system, 9-1-1 and Detention Center all in one facility is important and
separating them again would be detrimental to law enforcement. He stressed that
communication is important, noting that being close to the Sheriff's Office has resulted in
solving some cases that might not have otherwise been solved.
Responding to additional questions, the Chief indicated that his department will assist
groups who have organized themselves and want to participate in a neighborhood watch
program; but they are not taking the initiative to start such groups.
9-1-1 Center. Director Jenny Hansen showed a video on enhanced 9-1-1 emergency
dispatch services, after which she distributed a number of information sheets. She noted that
the 9-1-1 dispatch services cover 1,260 square miles and monitoring the response times is
important to ensure that adequate coverage is being provided. She noted that the job
responsibilities of the various positions within the 9-1-1 Center have been identified in one of
the information sheets. She also distributed copies of the State statutes which apply to an
enhanced 9-1-1 operation.
. 9-1-1 Director Hansen reviewed the information sheet on emergency medical dispatch.
She stressed that shortening the response time as much as possible is extremely important and,
with this service, those trained in this type of dispatch can help the caller begin assistance
immediately. She noted that, when calculating response time, the time from when the call was
received until dispatch of the emergency service must be added to the time it takes the
emergency service to reach the scene.
Director Hansen noted that in 1996 the City and the County decided to undertake a
joint dispatch center and records center. She characterized that as a positive step and stated
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that the $1.7 million spent on equipment for that center was appropriately spent. She
recognized that, in this day of ever-changing technology, two-year-old equipment may be
obsolete; however, in this instance, the technology is still good and can be further enhanced
as needed. She stated that the lack of a 9-1-1 Director with experience in dispatching to
spearhead this project lead to slow progress in opening of the new center. She indicated that,
with the new center, if the proper data base tables are developed and the information is input
properly, a variety of statistics will be readily available.
. The Director covered an information sheet on the consolidation, automation and cut-
over to the enhanced 9-1-1 joint dispatch services. She noted there are many benefits to an
integrated system that includes the telephone and computer, but cautioned there are also
potential pitfalls that must be recognized. She stated that the State of Montana does not have
any standards for training of dispatchers, but there are standards for the services which they
dispatch; and they must meet those standards. As a result, she has started a draft set of
standards, which she plans to develop further as time allows. She also indicated that steps will
be taken to ensure the dispatchers receive the needed training.
Director Hansen noted that, while the dispatch equipment is new, many of the
transmitters are so old that parts are no longer made and purchasing old equipment is the only
way to have spare parts.
The Director turned her attention to the human resources needed, noting that more
than the amount budgeted for overtime for this fiscal year has already been expended; and her
staff has over 800 hours of compensatory time on the books. She concluded by asking the
Commission if it wants a fully operational 9-1-1 center, which will involve addressing the
staffing needs, a five-year plan, a long-term stable funding source and an independent center.
She also asked if the Commission wants an efficient records management system in law
enforcement, noting that includes addressing staffing needs, a five-year plan, and separating
those services from the 9-1-1 services.
. Responding to questions, Gloria Droge, dispatcher, stated that civil problems generate
the most calls to 9-1-1 because most people don't want to deal with problems themselves,
generally for fear of retaliation. She noted that most of those problems could have been
resolved between the two parties rather than by calling law enforcement.
Ms. Droge recounted an experience in the dispatch center today. She stated the
9-1-1 call was for a lady in cardiac arrest, and neither of the two dispatchers trained in medical
assistance were on duty. She stated that they stumbled through the instructions, in an
unsuccessful effort to save that life. She noted that she has been a dispatcher for nearly five
years and enjoys her job, but asked the Commissioners to recognize that they work in a life and
death situation.
Ms. Hansen gave a tour of the 9-1-1 dispatch center.
Agenda Meeting - for regular meetina and Dublic hearings to be held on Tuesdav. January 18.
2000
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.
(4) Mayor Youngman noted that, in addition to an update on Durston Road
improvements, the Commission would like to receive input on reduced street widths, how
pedestrian and bicycle facilities are to be addressed in the update, the forums to be provided
for public input, and improvements to the intersection of East Main Street and Haggerty Lane
in light of possible improvements to Ellis Street between Haggerty Lane and Highland
Boulevard.
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Commissioner Frost asked that the consultant also be asked to discuss improvements
to Peach Street between North 7th Avenue and North Rouse Avenue.
(5) Mayor Youngman asked that the three Commissioners who have not yet
turned in lists do so before Thursday, so they can be included in the packets.
(6) Director of Public Service Debbie Arkell reminded the Commissioners that
. the garbage collection fees established for this fiscal year reflected a 4 percent increase over
last year, and it was anticipated that a similar increase would be implemented for the landfill
gate fees. She stressed the importance of maintaining an even dollar amount per ton upon
which to base the fee structure; and the proposed increase from $34 to $36 per ton actually
results in a 5.8 percent increase.
The Director noted that a new section has been proposed in the fee schedule, under
which the fees for large consumers, like private garbage collection companies, would be based
on a lower per ton cost. She stated that, at the present time, the cost per ton is $32 at Logan
and $34 at the City's landfill; and some concern has been voiced that an increase to $36 per
ton could drive the private haulers away from the City landfill, at an estimated monthly revenue
reduction of slightly over $100,000. She indicated that the implementation of this proposed
reduction could be a problem, however, since the software at the landfill will not accept
different base rates; and it appears the mainframe computer software at City Hall may not
accommodate those differences, either. She stated that, if that is truly the case, the only way
to accommodate the lower rate would be through hand calculations as the tickets are entered
into the computer on a daily basis. She indicated that answers to those issues will be
presented at next week's meeting.
(8) Mayor Youngman gave the new Commissioners a brief overview of the
process for appointments to the various boards and commissions, noting that a memo and
copies of the applications will be included in next week's packets.
. (14) Planning Director Epple gave a brief overview on behalf of Assistant Planner
Berger, noting the application is intended to bring an existing non-conforming use into
compliance with the zone code.
(15) Planning Director Epple reviewed this application on behalf of Senior Planner
Skelton. He noted the subject property is located at the northwest corner of the intersection
of US Highway 191 and Ferguson Road. He stated it has been preliminarily approved for
annexation; however, the applicant has not yet returned the executed annexation agreement
and the property has not been annexed. He indicated that staff has forwarded a
recommendation for approval, subject to 23 conditions and has recommended approval of the
attendant variance request pertaining to sidewalks.
Responding to Commissioner Frost, Director of Public Service Arkell stated that the
streets throughout the subdivision are all local streets and, therefore, do not have designated
bike lanes.
Responding to Mayor Youngman, Planning Director Epple stated that bike lanes are
typically considered for collectors and arterials in conjunction with major subdivisions, although
they may be considered in minor subdivisions if a major transportation network is involved.
Commissioner Frost raised questions about the requested variance and staff's
. recommendation for approval even though the variance does not meet all of the review criteria.
In responding to Commissioner Frost, City Attorney Luwe stressed that this is a
subdivision variance, not a zoning variance, and the review criteria are slightly different. He
indicated that he will have his staff review the statutes regarding subdivision variances as well
as the City's subdivision regulations and prepare a memo for inclusion in the packets.
Director of Public Service Arkell noted that the Development Review Committee
recognized the four larger lots will either be further subdivided or will be developed through the
planned unit development process, and it would be more appropriate to require the installation
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of sidewalks under one of those reviews rather than at this time. She indicated that the fifth
lot being created under this application should be small enough to accommodate only one use
and, therefore, staff has recommended the installation of those sidewalks be required.
Commissioner Frost also raised questions about the luminaire referenced in Condition
No. 18, including its purpose.
Director of Public Service Arkell stated the subject overhead street light is to be
. located at the intersection of Resort Drive with Huffine Lane and is designed to draw a driver's
attention to the location of that intersection and to increase its visibility. She indicated that the
light must meet the Montana Department of Transportation requirements, since it is located on
a highway.
Planning Director Epple stated that staff will have the specifications for the light at
next week's meeting.
City Attorney Luwe noted that, until the subject property is annexed, the City does
not have jurisdiction over it, so this subdivision cannot be platted as a city subdivision until
after the annexation is completed. He then recommended that additional conditions be
considered, to ensure the applicant is aware that approval of this subdivision does not include
approval of any future zoning request. He also suggested another condition be added to
stipulate that approval of this preliminary plat hinges upon approval of the zoning designations
of "SP" and "R-O", since that is the basis upon which the plat has been reviewed.
( 17) Planning Director Epple reminded the Commission that the initial annexation
request was for only a small portion of the 22.84 acres, and the Commission chose not to
process that request but asked the property owner to seek annexation of the entire parcel. He
noted that this parcel is one of the holes in the City's map and annexation would fill it.
. Commissioner Frost asked about the possibility of requiring the owner of this property
to participate in the installation of a traffic signal at the intersection of North Rouse Avenue and
East Oak Street, in anticipation of the traffic that will be generated as a result of development.
The Planning Director indicated that a traffic study will be required in conjunction with
a proposal for development and, at that time, the issue of traffic control can be addressed.
Director of Public Service Arkell reminded the Commission that North Rouse Avenue
is controlled by the Montana Department of Transportation, and that department does not
support the installation of traffic control devices on its roads, based on anticipated traffic
impacts.
(18) Planning Director Epple gave a brief overview of the requested rezoning on
this subject 22.84 acres, noting that staff concurs the requested "B-2" zoning is appropriate.
He stated that the property lies between Interstate 90 and Oak Street, and a majority of it lies
within the 1-90 entryway corridor, thus allowing for additional design review.
Discussion - Commissioner projects
Mayor Youngman stated she has received a request from AmeriCorp for a letter of
intent for a grant application to fund a full-time VISTA volunteer for one year to assist in the
. public involvement process for the Bozeman 2020 Growth Plan. She stated that writing this
letter will not obligate the City financially. She indicated that the application must be submitted
by the end of the month and asked for Commission concurrence to add this item to next
week's agenda; the Commissioner concurred.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
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( 1 ) Letter from Alice Tor, 1005 Durston Road, dated January 6/ objecting to
widening and improving that street.
(2) Letter from Jeff Carter, Carter's Cobbler Shoppe, requesting that parking
stickers be created to allow employees in the downtown area to park in the parking lots,
leaving Main Street and the side streets for customer parking.
(3) Letter from the organizers of Leadership Bozeman XII, inviting the
. Commissioners to attend their luncheon at 12:30 p.m. on Thursday, January 13.
(4) Letter from the Bozeman Amateur Hockey Association, dated January 4,
responding to the City's request for time slots for free public pick up hockey at Bogert Pavilion.
(5) Copy of a memo to the Enhancement Program Steering Committee from
Superintendent of Facilities and Lands Goehrung, dated January 6, calling a meeting for 10:00
a.m. on Thursday, January 27.
(6) Copy of the Headwaters Recycling newsletter, announcing that the next
meeting will be held at Three Forks on January 12.
(7) Copy of an article entitled Future of Growth, published in the January 2
edition of The San Diego Union- Tribune, as submitted by Commissioner Frost.
(8) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, January 11, in the Commission Room.
(9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, January 11, in the Commission Room.
(10) Agenda for the County Commission meeting to be held at 9:00 a.m. on
. Tuesday, January 11, at the Courthouse.
(11 ) Agenda for the Transportation Coordinating Committee meeting to be held
at 9:30 a.m. on Thursday, January 20, in the Commission Room.
( 12) City Manager Johnson reminded the Commissioners that the next special
meeting is scheduled to begin at 7:45 a.m. on Saturday, January 15, at the City Shops.
( 13) City Attorney Luwe stated that, just before Christmas, he received a request
from a citizen for an ordinance prohibiting driving while talking on a cell phone. He noted that
the Commission previously directed him not to proceed with the development of this type of
ordinance and asked that they provide new direction if they wish him to proceed with it.
(14) Mayor Youngman noted she has received a brochure on the Big Sky or Big
Sprawl? II meeting scheduled for January 21 in Helena. She stated the meeting includes
several sessions on smart growth issues and suggested that as many Commissioners plan to
attend as possible.
The Commissioners requested that a copy of the brochure be included in their
packets.
. (15) Mayor Youngman noted that the Commissioners have been invited to attend
the Montana People's Action annual meeting scheduled for 7:00 p.m. on Friday, January 14,
at the Grand Avenue Christian Church. She stated that a basic overview on the proposed living
wage ordinance, which will be coming before the Commission in February, will be given during
that annual meeting.
At least three Commissioners indicated an interest in attending the meeting.
City Attorney Luwe cautioned that, under State statutes, when three or more
Commissioners are attending a meeting relating to a matter that will be coming before the
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Commission, even if it is for purposes of just listening, a special meeting must be called, proper
notice given and minutes maintained.
Adiournment - 6:03 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be
. adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and
Mayor Youngman; those voting No, none.
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MARCIA B. YOl..f.MG AN, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
.
.
01-10-2000