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HomeMy WebLinkAbout1999-01-11 Minutes, City Commission ---....-.-- .----..-- - MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA January 11, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, January 11, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Aaenda Meeting - for regular meeting and Dublic hearings to be held on Tuesdav, Januarv 19, ~ 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. (10&11) The City Manager noted that, distributed just prior to the meeting were copies of Ordinance Nos. 1486 and 1487, pertaining to how the compensation for the City . Judge is calculated and setting that salary. He stated that Ordinance No. 1486 eliminates the daily rate for the City Judge and also deletes the provision for annual leave. He indicated that, under this proposed revision, the City Judge is not required to work specific hours, but is only required to do the job. The City Manager suggested that the Commission may wish to consider one additional piece, and that would be to adopt an appropriations ordinance under which a cap of $4,000 would be established for the hiring of substitute judges. Responding to Commissioner Rudberg, the City Manager stated that if the spending authority established in the appropriation ordinance is exceeded, the department head is personally liable for paying those monies back. Commissioner Rudberg noted that last year's budget for the City Court was overspent by $28,000, and stated she wants to take steps to ensure that the amount appropriated for substitute judges is not overspent and the Commission then asked to approve a budget amendment for that overage after the fact. Responding to Mayor Stiff, City Attorney Luwe stated that the salary established under these proposed ordinances is higher than the salary paid last year. He then indicated that the issue of personal liability for exceeding the appropriation has been included in the State statutes for several years. Responding to Commissioner Rudberg, the City Manager confirmed that the conversion . to a municipal court will once again change this entire section of the code. (12) Assistant Planning Director Debbie Arkell gave a brief overview of this application, on behalf of Associate Planner John Sherman. She stated that the applicant wishes to construct a 15,088-square-foot building on a four-acre lot for Caterpillar sales, rental and service. She stated that, under the zone code requirements 101 parking spaces would be required, based on the amount of display area; however, based on the actual footprint of the display area for each piece of equipment, the Planning Board has recommended that the number of parking spaces be decreased to 40. 01-11-99 -..----.-.--.--.. - 2 - (13) The City Manager stated that the entire Wastewater Facilities Plan, which is a rather large document, is available for review in the Clerk of the Commission's office, the City Manager's office or the Bozeman Public Library. Responding to Commissioner Rudberg, Director of Public Service Forbes stated that, as a general rule, the facilities plan is not detailed enough to include those items in the capital improvement program. . Work Session - (A) Presentation for Fiscal Year 1999-2000 budaetina orocess: (B) Discussion re Deoutv Clerk of Commission oosition: (C) Uodates re CI-75 and leaislative issues (A) Presentation for Fiscal Year 1999-2000 budgeting process Police. Chief of Police Mark Tymrak distributed a handout to the Commissioners, stating he is seeking policy direction for next year's budget. He noted that several years ago, his department was given the opportunity to change directions and become more proactive, and asked if the Commissioners wish to have the department continue in that direction. He stated that this change in direction was made possible through the hiring of officers and civilians on numerous grants. The Chief of Police noted that the community has grown and changed significantly over the past decade, and that has impacted his department. He then forwarded his desire to continue the current direction and to provide quality service to the community. He noted, however, that several of the existing personnel have been funded by grants, including three officers, the civilian evidence technician and a half-time secretary. He indicated that next year, he would like to expand the secretarial position to full-time and add personnel for animal control and parking enforcement. . The Chief of Police briefly highlighted the allocation of staff, which includes 26 in patrol, 5 in administration, 5 in investigation, 2 in the drug task force, 1 in the DARE program, 1.25 in animal control, 1.75 in parking enforcement, 1.5 secretarial, .5 evidence technician, and .5 for a County employee to work the assistance desk during regular business hours. Chief of Police Tymrak noted that his department must provide coverage 24 hours a day, 365 days a year. He stated that a review of his department's coverage in the patrol division between August and October revealed that there are three or less officers on the street 62.3 percent of the time, and two officers on the street 25 percent of the time. He stated that a minimum of three officers should be on shift at anyone time, and to meet that standards would have required an extra officer on 72 shifts. He then stated that overtime is a concern, noting that $80,000 was budgeted for overtime this fiscal year; the City Manager has asked that the amount of overtime be decreased if at all possible; and, through December, $45,000 in has been expended for overtime. The Chief of Police reviewed the statistics in the back of the handout, stating that those statistics reveal the national average is 2.5 officers per 1,000 population; the western states average is 1.8 officers per 1,000 population; the Montana average is 1.7 per 1,000 population; and Bozeman is 1.5 officers per 1,000 population. He then indicated that if those statistics were based on the 30,000 daytime population in Bozeman, the officer coverage would be 1.3 officers per 1,000 population. . The Chief of Police indicated that he has also included comparisons with other first class cities in Montana, noting that Bozeman ranks higher than some and lower than others. He stressed that civilian support personnel can decrease the number of sworn officers needed to provide adequate services. He stated that in Montana, the percent of civilians to total personnel is 37 percent, and in the Bozeman Police Department, it is 12 percent. Chief of Police Tymrak stated that today's newspaper, with its front page articles on deputies being shot at, a multiple fatality accident, and the fourth armed robbery in Bozeman, reflects the changes that have been occurring. He then noted that in a note from one of his officers, dated December 14, on Saturday, two officers were on vacation, one was in school 01-11-99 _. _._n_ ___.__..____ . .-- ....-. . . .-......- - 3 - and one called in sick, leaving only four officers to respond to 23 calls. He noted that they used deputies to assist as much as possible, and two calls went unanswered. He concluded by stating this is not the type of coverage his department wishes to provide. Responding to Commissioner Rudberg, the Chief of Police stated that in Billings, the department was short enough on personnel that they could only be reactive, and that allowed drug and gang activity to enter the community. He stated that he wants to keep that from happening in Bozeman. He then noted that last year's statistics for Bozeman were good, and . he anticipates they will be good again this year. Further responding to Commissioner Rudberg, the Chief of Police stated he is optimistic that federal grant monies may be available to retain those personnel who have been hired on grant monies, noting that the City will receive $15,000 this year for the first police officer hired under the COPS grant program. He then stated that he has seen information for hiring more officers under the COPS grant program; and he has thrown that information out because he does not want any more officers on soft monies. Responding to Commissioner Rudberg, the Chief of Police confirmed that a significant portion of the overtime is due to courtroom testimony by officers. He then indicated that paying overtime to keep more officers on the street also costs a significant amount in overtime. Responding to Commissioner Rudberg, City Attorney Luwe stated that, because of changes made in the parking program, civilians may now issue parking tickets. He noted that with dog enforcement, a citation is issued, and that may only be done by a sworn officer or a complaint filed through his office. He indicated that if the Commission wishes to consider allowing civilians to pick up loose animals, then the ordinance may need to be revised. Responding to Commissioner Smiley, the Chief of Police stated that one of his officers spends approximately 50 percent of his or her time serving as bailiff for the City Court, and 25 . to 30 percent of his or her time serving warrants and subpoenas and working on other peripheral duties. Commissioner Rudberg stated she feels that if a full-time bailiff is needed, that individual should be funded through the City Court budget and not the Police Department budget. Commissioner Frost expressed concern about the number of alcohol related arrests, including minors in possession and driving under the influence and asked if there is some way to reduce that number, possibly through education. The Chief of Police responded that, while he supports education, his department does not have the time or personnel to do so, except through the DARE program. Commissioner Frost then suggested that a civilian employee could be retained to pick up loose dogs and take them to the Humane Society, thus protecting both the animals and the people in the community. He noted that the owner could reclaim the animal by paying the necessary fees to the Humane Society and, if the animal is picked up a second time, it would be spayed or neutered before it was returned to the owner. Responding to Commissioner Rudberg, City Attorney Luwe stated that the State statutes establish the minimum amount of jail time to be imposed on anyone who pleads guilty or is found guilty of driving under the influence. . Further responding to Commissioner Rudberg, the Chief of Police stated that as population of the City and the County has grown, the number of people in jail has also increased to the point that is now consistently holds more than it was designed to hold. Because of the overcrowding situation, he stated that it is important to weigh the priorities of who should be incarcerated, which means that in some instances, a person arrested for a DUI is sentenced to no jail time. He then cautioned that the situation will only get worse before it gets better. 01-11-99 --------..---. ..--------- - ------.-. ....-.---. - 4 - Responding to Commissioner Youngman, the Chief of Police stated that one officer was to come off grant monies this year, and grant funding for five more employees should end next year. General discussion. The City Manager stated that the presentations for all the budget units have now been made. He noted that at next week's meeting, the Commissioners will be asked to review the summaries from the various departments and add any items they wish to . have considered. He stated the Commissioners will then be asked to prioritize those items. so staff can begin resourcing them. Responding to Mayor Stiff, the City Manager stated that the input from Commissioners will be submitted at next week's meeting. Responding to Commissioner Rudberg, the City Manager suggested that the Commission consider its own budget unit at next week's meeting, suggesting that they may wish to use it as a "catch all bucket" under which to fund items not previously identified by the individual departments. (8) Discussion re Deputy Clerk of Commission position Clerk of the Commission Sullivan stated that she contacted the Job Service, as requested by the Commission. She forwarded the comments from that review, which included a suggestion to decrease the typing speed required, an indication that attending evening Commission meetings could be viewed as a negative, and a suggestion that a court reporter or medical transcriptionist be considered to do the minutes for the Commission meetings. She indicated that the salary for this position is one of the higher salaries for clerical work, and noted that a higher salary may attract a few more people, but representatives from the Job Service did not feel that was a significant factor. . The Clerk of the Commission noted that the typing speed for this position has been decreased once already, to 55 words per minute, and she is concerned that if the speed were decreased even further, the new Deputy would be unable to keep up during Commission meetings. Personnel Director Pattie Berg stated that she is not recruiting through temp agencies because of the costs associated with doing so. She then noted that, if she could identify options for recruiting, should would use them to fill a lot of positions. She encouraged the Commissioners to recognized that this is the problem that arises when unemployment is below the natural level. She then encouraged the Commissioners to recognize that the salary for this position cannot be adjusted without negatively impacting its relationship to the salaries paid for other positions. She noted that it has taken several months to fill some of the position, citing the secretarial position in the City Attorney's office as an example. Commissioner Rudberg noted that, when recruiting, it is important to identify the benefits that are provided, particularly since the City's benefit package is a good one. The Personnel Director responded that the last time the position was recruited, the benefits were detailed. She then stated that many people do not understand the benefit package; and most people are concerned only about the money in their pockets. She noted . that, in response to the last recruitment, she received three applications, one of which was unsigned, one of which was incomplete and did not meet the typing requirements, and one of which met the requirements. City Manager Johnson encouraged the Commissioners to recognize the costs of providing the comprehensive type of minutes, suggesting that to contract the work could cost $25,000 to $30,000 annually. He also reminded the Commission that to move toward that alternative would result in initial costs for adequate taping equipment. 01-11-99 - 5 - In response to questions, the Personnel Director suggested that recruiting now might have better results than the previous recruitment process, which was close to the holidays. She then indicated that the job is advertised in the local newspaper and is placed on the Job Service's Internet, which covers the entire state. Responding to Mayor Stiff, City Attorney Luwe stated that hiring a court reporter is very expensive, noting it would be better to hire an employee. . Commissioner Rudberg noted that some people do not wish to work full time. She then suggested that it may be beneficial to hire two part-time people who wish to job share. She noted another alternative might be to offer flexible hours. Commissioner Youngman noted that identifying upward mobility in the advertisement might attract applicants. She then stressed the importance of reliability in covering the minutes. Commissioner Smiley noted that one of the benefits of using a temporary personnel is that one can evaluate an individual's work without first hiring that person. She then suggested that if a temporary employee fits in, she feels it is worth paying the agency for that person. Commissioner Rudberg expressed her concern about the minutes which are not yet completed, particularly since some of them are seven months old. She stressed the importance of taking the steps necessary to ensure that time is available for working on those minutes as soon as possible. She noted that if the meetings had been taped, she would not be as concerned as she is without the tapes. Commissioner Frost expressed concern that more work is being placed on the Clerk, and she is unable to meet her statutory requirements. He then asked about the status of her evaluation, noting it was to have been brought back. . Assistant City Manager Ron Brey stated his preference is to hire someone to do the minutes. He suggested that the position be advertised once again, stressing flexibility, with a slightly different emphasis on opportunities, and retaining the current pay and typing speed. He stated that if that effort is unsuccessful, then the various component parts could be pulled out and possibly contracted. Commissioner Smiley requested that the Commission be provided a status report on this position in three weeks. (C) Updates re CI-75 and legislative issues CI-75. City Manager Johnson stated that senior staff members have been meeting to address issues pertaining to CI-75, to develop pOlicies and to make commitments on whether the City can move forward in certain areas. He noted that the group has formed opinions on zoning and subdivision issues over the past couple of weeks, but has encountered difficulties with the snow removal and sidewalk programs. As a result, he noted that they will seek legislative or judicial clarification, particularly about who is an elector in certain situations. Assistant City Manager Ron Brey stated that the group has become comfortable with their opinions on subdivision and zoning issues, particularly in those instances where the . actions are in response to voluntary requests from the property owners. He noted that their position is based on the definition of a property improvement, stating that subdivision and zoning can be construed as helping to meet that definition. Responding to Commissioner Rudberg, City Attorney Luwe stated that oral arguments on the lawsuit on CI-75 are scheduled for February 16. He then noted that a proceeding has also been filed in federal court, by an individual from Helena who had voted for CI-75, but who has been denied annexation and precluded from proceeding with his development proposal because of the passage of CI-75 and the City's resulting determination that it could not annex. 01-11-99 --------.- - 6 - Further responding to Commissioner Rudberg, the City Attorney stated that many different issues revolving around the sidewalk snow removal enforcement program and the sidewalk installation program have been discussed. He noted, however, that staff has not arrived at any definitive conclusions that they feel meet the intent of CI-75. Legislative issues. The City Manager suggested that, if the Commission wishes, he will ask Alec Hansen, Executive Director of the Montana League of Cities and Towns, to possibly provide updates on legislative issues via conference telephone on a regular basis. . City Manager Johnson then stated that he has asked Commissioner Youngman to help the staff track legislative issues by monitoring what is posted on the Internet. He then reviewed the list that she had prepared last week, noting that he has forwarded copies of the bills to the various staff members he thought might be interested in them. The City Manager then reviewed the list, which includes: HB17, limiting the solid waste fee for home based businesses; HB91, pertaining to building code enforcement; HB109, pertaining to monitoring of automated video gambling; HB153, pertaining to cemetery plot sales; HB11, the Treasure State Endowment Program; SB96, changing the protest requirements for zone changes; SB97, revising the planning and subdivision review processes; HB196, revising tax disclosure requirements on utility bills; HB184, expanding the Treasure State Endowment Program; HB152, pertaining to public library district financing changes; HB125, pertaining to library system laws; and an unwritten bill pertaining to water and sewer revenue bonds, debt limits and bonding capacities. Assistant City Manager Brey provided a more comprehensive analysis of SB97, noting that it changes references to "master plan" and "comprehensive plan" to "growth plan". He characterized the bill as touching on a number of procedures, including annexation, master plan, zoning and subdivision. He noted that it requires identification of current conditions and projected trends in specific areas. He then indicated that, because this bill covers what has . been identified as optional procedures, no fiscal note has been attached; however, he stressed that if the City wishes to continue with its zoning, it must meet the provisions of this bill. He concluded by suggesting that, since the City is embarking on a master plan update in-house, the City of Bozeman could probably implement the provisions of this bill better than any other community in the State. City Attorney Luwe stated that Alec Hansen gave a brief update on the legislative session at last week's MMIA board meeting, at which he characterized the session as being not as bitter and less divisive than in past year. He noted that a number of the bills pertain to CI- 75, clarification of election dates in off-years, clarification of public debt, and immunity for public agencies. He noted the League is concentrating on tax issues and alternatives to property taxes. He then indicated that he is monitoring a Y2K bill. Responding to Commissioner Rudberg, the City Manager stated that any construction completed at the edge of the city limits under the provisions of HBS1 could create problems for the City in the future, when annexation is requested. He characterized those buildings not built in compliance with the building code as high risk structures, thus impacting City services. He then indicated that the City is not required to provide water and sewer services to properties outside city limits; however, he cautioned that when health and safety issues are encountered, it is difficult to say no. He then indicated that if HB91 is to be passed, he is interested in seeking an effective date in November, so the City has time to educate the public. . Responding to Commissioner Youngman, Commissioner Smiley and City Attorney Luwe requested that she e-mail her daily list of bills to them. The other Commissioners indicated that the verbal update on Monday is adequate. Discussion - Commissioner croiects (1 ) In response to a request from Commissioner Rudberg for a work session about the municipal court system, City Attorney Luwe stated he plans to submit an ordinance for Commission consideration in late February or March. 01-11-99 - 7 - Commissioner Rudberg indicated that will be adequate. (2) Commissioner Rudberg requested that an executive session be called to review the status of the various litigation issues. City Attorney Luwe stated he will prepare a confidential report for that session. (3) Commissioner Rudberg requested a work session to discuss dogs. She noted that . in Sunday's newspaper, there was an article about insurance companies refusing to insure people with dogs. She then indicated she feels it is important to address the issue of dogs, particularly as long as people in the community are continually being bitten. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated January 6, 1999, regarding HB91, pertaining to the extraterritorial building code jurisdiction. (2) Minutes for the Pedestrian and Traffic Safety Committee meeting held on Wednesday, January 6, 1998. (3) Letter from Jeff Rupp, Executive Director of the Human Resource Development Council, dated January 5, 1999, requesting that the City sponsor a CDBG public facilities grant application for remodeling of the former Armory Building. . (4) Newsletter from the Headwaters Recycling, announcing that the next meeting will be held at 10:00 a.m. on January 13, in Bozeman. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 12, in the Commission Room. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January 12, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, January 12, at the Courthouse. (8) City Manager Johnson stated that he attended a meeting regarding Bronken Park last week. He characterized the group as well organized, with people being assigned various tasks with specific deadlines. (9) Commissioner Youngman stated that she took notes at the Recreation and Parks Advisory Board meeting last week, but failed to bring them today. She noted that this is the first time in a long time that the Board has had full attendance. She then indicated that the Board is working on a number of projects. Responding to Commissioner Rudberg, Commissioner Youngman stated that the Board . has sought requests for use of the $75,000 in the capital improvement program for park improvements, and those requests will now be reviewed and prioritized and brought forward to the Commission. She noted that the Board recognizes that use of the Parkland Trust Fund monies needs to be subject to a different process, since those monies are very limited. Further responding to Commissioner Rudberg, Commissioner Youngman stated that the Recreation and Parks Advisory Board will conduct a meeting on possible use of Westlake Park on January 19; and the neighborhood will be given an opportunity to provide input at that meeting. 01-11-99 - 8 - (10) Commissioner Rudberg requested a work session to discuss the composition of the Design Review Board and possible elimination of the requirement for an architectural historian, since that position seems to be difficult to fill. (11 ) Commissioner Smiley stated that a sub-committee of the City-County Planning Board has been meeting once or twice a week to revise the regulations for the donut area, and that information is to be submitted to the full Board at its next meeting, after which it will be submitted to the City Commission and County Commission for consideration. . (1 2) Commissioner Smiley stated that she will miss the February 1 Commission meeting, which will leave only three Commissioners in attendance. She asked that this information be forwarded to the City-County Planning Department, so that consideration of applications may be continued if necessary. ( 13) Responding to questions from Commissioner Rudberg, Commissioner Frost stated that the Human Resource Development Council has met with the Downtown Bozeman Association regarding the proposed transitional apartments. He stressed that this proposal is for living units for homeless families, not the soup kitchen type of facility that previously generated so many concerns. (14) Responding to Commissioner Rudberg, City Manager Clark Johnson stated that his office will deal administratively with addressing the comments in the report from the auditors resulting from their in-depth review of the Swim Center. He then indicated that Recreation Superintendent Sue Harkin has prepared a plan for implementation of recommendations, and he will review that document on Friday. (15) Commissioner Rudberg stated her concurrence with Chuck Watson's comments in Sunday's edition of the Bozeman Daily Chronicle regarding public defenders. She then asked if there is any way to ensure that the City is not paying for a public defender when the . defendant does not qualify to be represented by a public defender. City Attorney Luwe stated that a defendant does not need a public defender if he or she is not going to be sentenced to jail time. He noted that the City Court controls who gets a public defender; however, he noted that the Court should be requiring the appropriate paperwork to be completed before a public defender is assigned to a case. He cautioned that this is a judicial function. Commissioner Rudberg expressed concern that it is taxpayer monies that are funding the public defenders, and she feels it is imperative for the Commission to ensure that those monies are being spent in a fiscally responsible manner. ( 16) Commissioner Rudberg stated that the agenda for tomorrow's City-County Board of Health meeting includes the swearing in of new Board members. She then indicated that she is no longer able to serve on this Board and asked Commissioner Youngman if, as Mayor Pro Tempore, she wishes to assume the position. Following discussion, Commissioner Youngman indicated she would be willing to do so. Adjournment - 5:50 D.m. . There being no further business to come before the Commission at this time. it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 01-11-99 --- --- - ,----,"-"-_.- ----_..,",-"- - 9 - ~~4r ALF M. STIFF, Mayor ATTEST: .~J~ ROBIN l. SULLI.vA~ ",." - ~'- Clerk 9f the- eG:ni~~sion--- -, ~"""-->-C'_ - .' ~ "'."" "_'_"_"J - ..::.... ~ ~ -- "- - '.....- ~~~~, '-.............._- - _ -__.........J____'. ....._ , ,", ~ . ~""''''' ,.. ,....:' ./ - -......... - ""-~"\.-_. . "',." " --' ........ ~....:.,.... :,",:. . . 01-11-99