HomeMy WebLinkAbout1997-06-24 Minutes, City Commission
.__ __no .... ..__ _ ... _____. _ .___ ~ .-.. ---....- -
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 24, 1997
*****************************
The Commission of the City of Bozeman met in special session in the Conference
. Room, Municipal Building, June 24, 1997, at 6:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman, Acting City Manager
Brey, Administrative Services Director Gamradt and Clerk of the Commission Sullivan.
Commissioner Frost was absent.
Sianina of Notice of SDecial Meeting
Each Commissioner, in turn, signed the Notice of Special Meeting.
Work Session - Review of City Manaaer's Budget Recommendations for FY1997-98
This is the fourth in a series of work sessions on the City Manager's budget
. recommendations for Fiscal Year 1997-1998.
Acting City Manager Brey reminded the Commission that he had previously identified
the contracted services lines in the City Court, Police Department and City Attorney budget
units as areas where the numbers might be tight.
City Court. The Acting City Manager stated that 1 FTE in additional personnel was
requested and funded in this budget unit. He reminded the Commission that the parking clerk
is being relocated from this budget unit to Finance, and that physical transition should take
place next month. He stated that with the filling of this new position, temporary employee
services will be eliminated and the same number of clerks will wait on the counter.
City Judge Patty Carlson reviewed her memo, dated June 20, in which she outlined
her needs for the upcoming fiscal year. She characterized the additional staff person as
. "absolutely critical" to her operation. She stated that this will allow for three "line clerks", who
can wait on the counter and cross train for positions, so that operations can continue when one
of them is absent. She noted that the number of cases has increased substantially over the
past couple of years, due in large part to the increase in police officers. She noted that, while
the new computer system has been beneficial in handling this additional workload, it still
06-24-97
- 2 -
impacts staff. She also noted that the monthly revenues through the City Court have steadily
climbed this fiscal year, as evidenced in the tabulation under the section of her memo headed
Finances. She attributed this increase to the increased number of tickets plus the credit card
system that was recently installed.
The City Judge stated that the overtime paid this past year would have funded two
. full-time staff members. She forwarded her commitment to ensuring that, with filling of the
additional position, overtime for all employees in the department will be minimal to non-
existent, stating there is no reason they should not be able to complete their work in the time
allotted. She stated that the backlog encountered last year has been nearly eliminated, with
only a few loose ends remaining, and she plans to have those cleaned up within the next few
months.
City Judge Carlson stated that, by law, she must have a Clerk of Court, whose
responsibility is to maintain the Court's records, and she has recently filled that position. She
stressed that the duties of that position are significantly different from those of the court
administrator and the line clerks.
. The City Judge expressed concern that the amount contained in the line item for
contracted services is low. She noted that, by law, she must attend two one-week training
sessions each year. Under the City's code, the City Judge and any substitute judge must be
an attorney, and the cost of the substitute judge is $60 for the first hour and $30 for each hour
thereafter. She stated that, in light of these costs and the expanding hours when court is in
session, the $2,000 budgeted for substitute judge will be quickly eaten up, leaving no monies
for a substitute judge if she is sick or on vacation.
City Judge Carlson forwarded her need for more office space, both for the personnel
and for record storage. She distributed copies of an article from the May 27 edition of the
Bozeman Daily Chronicle in which Clerk of District Court Lorraine Van Ausdol indicated that her
office has no room for records storage. She stated that at the present time, records are being
. stored in hallways, and she has been warned that those records must be removed. She
stressed the importance of retaining those records, at least those less than five years old,
where they are easily accessible because the office receives an average of 100 requests per
week for records checks. She stated that to have those records stored off site would require
one of the clerks to leave the office, thus eliminating the benefit of three "line clerks". She
06-24~97
~ 3 -
recognized that the new computer system will enable them to conduct records checks more
easily but, until there are five years' worth of records in the system, review of the paper
records remains a vital part of the operation. She also noted that, even with the new computer
system, the paper records must be retained.
The City Judge stated that the Justice of the Peace Court still handles the City's civil
. cases, but she anticipates that those cases will be turned over to the City Court within the next
year or so. She stated that the District Judges have also given the responsibility for temporary
restraining orders to the Justice of the Peace and City Court, which adds to her case load.
City Judge Carlson showed the Commission a blueprint of the City Court and Justice
of the Peace Court areas, noting that the Justice of the Peace Court has five "line clerks" and
a request for one more clerk in this year's budget. She noted that the budget, which was
recently approved by the County Commission, is $286,000 for the Justice of the Peace Court,
which also provides court services for other communities in Gallatin County. She recognized
that they have two judges and two courtrooms; however, she stated that their area has over
1,500 more square feet than City Court has. She requested that the Commission approve the
. removal of the City Attorney's satellite office, which is immediately adjacent to the City Court.
and allow conversion of that space into the Clerk of Court's office. She stated that this will
also remove the perception of impropriety by having the Prosecuror's office immediately
adjacent to the City Court offices.
Acting City Manager Brey stated that the request for additional space was forwarded
to him quite some time ago. He indicated that he has had several discussions with the
Facilities Director for the County, but has been unable to identify any nook or cranny which the
City could acquire to relieve the congestion.
Responding to Mayor Stueck, the Acting City Manager confirmed that the current plan
is to relocate the 9-1-1 communications center to the basement of the Law and Justice Center,
where the computer center was originally planned. He noted that the County, through its long-
. range facilities plan, has determined that additional space is needed at the Law and Justice
Center.
Further responding to the Mayor, he noted that, with possible expansion of the City
Hall facilities, storage space may become available for both the City Court and the Police
Department. He stressed that any relief for City functions at the Law and Justice Center will
06-24-97
- 4 -
come through the City's efforts in conjunction with its facilities expansion rather than from
additional space at the Law and Justice Center.
Responding to Mayor Stueck, City Judge Carlson characterized the $30,000
expended on temporary employment services as being largely due to the loss of two
experienced staff people shortly after Chief Clerk Bouldin was placed on administrative leave
. and the backlog in work.
Responding to questions from Commissioner Stiff, Administrative Services Director
Gamradt cautioned that the revenue figures for this fiscal year and last fiscal year are
somewhat distorted because of the backlog in restitution and appearance bonds. He then
stated the estimated revenues for next fiscal year should be relatively accurate.
Responding to questions from Commissioner Rudberg, the City Judge stated that,
with a better computer system and the ability to accept credit cards, she anticipates the ability
to collect fines will increase.
Police. Acting City Manager Brey characterized this as one of the larger and more
complex budget units. He stated that there were requests for three additional people, including
. a community policy officer, an animal control officer and a parking control officer, none of
which were funded. He also noted that the amount budgeted for contracted services may be
extremely tight. He then indicated that nine new vehicles were requested, and only three have
been included in this budget. He noted that, since this budget was prepared, the transmission
has gone out in the Chief's car and the engine and clutch have gone out in the animal control
vehicle. He stated that the amounts budgeted under transfers represent the general fund
support for the DARE program and the drug forfeiture fund. He also indicated that the
$237,850 in this budget is for operation of the 9-1-1 communications center, not for the City's
contribution for the equipment for that program.
Chief of Police Mark Tymrak stated he is generally satisfied with the budget as
proposed, however, he identified the areas in which he anticipates problems may occur. He
. noted that, after the known costs are subtracted from the amount budgeted for contracted
services, he has a balance of $1,171 with which to cover all unknown costs for the year. He
cautioned that items to be funded include investigations with medical examinations attached,
the applicant hiring process, cleaning up pOlice cars or office areas where people may have lost
body fluids, dealing with blood borne pathogens, and the costs of copies made on the County's
06.24-97
- 5 -
copy machine. He estimated that, by mid-August, the $1,171 could easily be expended.
Acting City Manager Brey stated that, when he prepared this budget, he recognized
that the contracted services line item in this budget was extremely tight. After the budget was
prepared, he noted that the cost for the Law and Justice Center maintenance, as billed by the
County, was projected to increase by $5,000, and that has made this line item that much
. tighter than anticipated.
Responding to Administrative Services Director Gamradt, the Chief of Police stated
that, if another $5,000 were added to this line item, he could probably live within it, although
he cannot guarantee it because of the unknowns involved.
Responding to Mayor Stueck, the Chief of Police stated it is his department's goal to
make the Drug Forfeiture Fund self-sufficient. He noted that the Missouri River Task Force was
formed in 1991 and has operated under a Board of Crime Control grant plus funding from the
other governmental entities involved. He stated that it is the largest and most successful drug
task force in Montana. He noted that, at the present time, there is approximately $133,000
in vehicles and houses being held because of pending cases, and some of that money may be
. released to the City during this upcoming fiscal year.
The Chief of Police stated that this year, he entered into a three-year lease on two
vehicles for this operation, rather than having the officers drive old line cars with 140,000 miles
on them and no radios.
Responding to questions from Commissioner Rudberg, Chief of Police Tymrak stated
that the City of Billings Police Department is converting to an 800 megahertz radio system,
which means none of their existing radio equipment will work with the new system. He noted
that, under the statutory authority which allows one governmental entity to sell to another
governmental entity, the City of Bozeman is first in line to acquire the old radio equipment at
a fraction of the cost of new equipment, and the equipment should serve the department well
until 2004, when new FCC regulations take effect. He stated that the equipment is in good
. working order, and will ensure that every vehicle has a radio. He noted that the change-over
to new equipment was to have been completed by now, but it appears that it will not be
completed until probably next July.
Chief of Police Tymrak turned his attention to personal issues, stating that for the
past two years, funding for a community policing officer has been requested but not funded.
06-24-97
----.-.
----.-...
- 6 -
He estimated the cost of this position at $32,000 to $35,000, noting that it would serve as
a central location or "dumping ground" for those in the community with problems. He stated
that this officer would respond to areas where problems seem to be concentrated and, because
of its attendant visibility, community awareness would be significantly increased. He further
noted that, with this additional position, he anticipates that some of the cases which currently
. go unsolved would be solved because of the increased ability to follow up.
The Chief of Police stated that an additional animal control office and an additional
parking attendant have also been requested. He noted that, while these personnel address the
little problems, those problems are the ones which "reach up and bite us" every so often
because the personnel are currently spread so thin.
Acting City Manager Brey reminded the Commission that the general fund is tight at
this time and, if the grant-funded officers are to be retained, it could become even more so.
He noted that is part of the reason he has hesitated to increase the personnel.
The Chief of Police noted that unfunded equipment requests include video cameras
in all of the vehicles. He characterized the cameras as a safety feature for police officers as
. well as a good way to document the behavior of those being arrested. particularly on DUI
charges.
The Chief of Police turned his attention to vehicles, noting that in each of the past
several years, two new cars have been purchased and placed in the line, with two of the older
vehicles being retired into other divisions within the department. Through the hand-me-down
process, some of the oldest vehicles have been cycled out of the department and into other
City departments where the demands on the vehicles are significantly less. He noted that
method worked well when the Police Department was a 20-man operation and cars could be
rotated out with 60,000 to 80,000 miles on them. He noted, however, that the department
has now grown and cars are now being rotated off the line with 80,000 to 100,000 miles on
them. He also noted that having thirty different people driving the vehicles is extremely hard
. on them.
Chief of Police Tymrak noted that his car now needs its fourth transmission, which
will cost $1,800 to $2,000; the blue book on it, in running condition, is $1,400. He also noted
the animal control vehicle needs a new engine and clutch, at an estimated cost of $4,000; the
blue book on it is $5,100. He stated that he can only enter the car he is now driving from the
06-24-97
--.-.--
- 7 -
passenger's side, although he can exit through the driver's door.
Assistant Chief of Police Bill Kayser forwarded a proposal under which the Police
Department could obtain more new vehicles by purchasing or leasing smaller, less expensive
vehicles for some of the divisions instead of continuing to rotate the line cars out into the other
operations. He noted that, under the State of Montana contract, the City could purchase six
. Ford Taurus vehicles for $86,000, or $14,000 each. Another option would be to purchase
Chevrolet Malibus for slightly over $15,000 or lease them with a large residual payment, or
purchase Chevrolet Cavaliers for slightly over $13,000. He stated that Ford Motor Credit also
has a municipal leasing program under which the City could finance vehicles at 6.25 percent
interest for four years.
Chief of Policy Tymrak stated his preference is to purchase vehicles rather than
leasing them. He stated that, with the new, smaller vehicles as proposed, the safety, reliability
and liability issues which exist today would be addressed.
Responding to Mayor Stueck, the Chief of Police stated that the new police cars cost
approximately $21,000 each, with the police package. He stressed that these vehicles are
. used in emergency situations and must be ready to stand that test at all times. He cautioned
that some of the vehicles are not as safe as they should be, noting that the wheel fell off one
of the patrol cars recently as the officer was driving down the street.
Mayor Stueck stated his interest in seeing more information on the four-year lease
program through Ford, as outlined by Assistant Chief of Police Kayser.
Responding to Commissioner Youngman, Chief of Police Tymrak stated that, if he
were required to prioritize the three positions he has requested, he would rank the community
policing position as the highest priority. He then noted that creating two part-time positions,
one for animal control and one for parking attendant, could address his remaining concerns.
He stressed that these should be two separate part-time positions, not one full-time position
split between the two.
. Acting City Manager Brey stated that staff will closely monitor future grant
opportunities through the COPS grant program to see if some new vehicles can be acquired
through this funding source.
City Attorney. Acting City Manager Brey stated that the workload in this office has
increased tremendously. He then stated that $1,000 has been cut from the travel budget for
06-24-97
.--.., -- .
- 8 -
this office. He also cautioned that the amount for contracted services may be low, particularly
since the need for retaining outside counsel to address litigation issues is an unknown.
City Attorney Paul Luwe distributed an outline of his presentation. He stated that,
knowing the state of the budget, he was unable to forward a budget reflecting future needs
for this department. He noted that no additional personnel have been requested. He forwarded
. his opinion that in-house legal services are much more cost effective than outside counsel,
estimating the costs for his department's services at approximately three times the budget
amount if outside services were retained.
The City Attorney reviewed some of the programs which have been implemented in
his department which he feels are good. Those include a program to actively pursue collection
of overdue fines and retrieve lost library books. He estimated that this program has resulted
in the collection of a significant amount in fines as well as the return of many books which
would have otherwise been lost from the coollection. Responding to Commissioner Rudberg,
Acting City Manager Brey stated that this enforcement program has benefits beyond that can
be identified by fines paid and books returned. He noted that, as long as the public is aware
. that enforcement is occurring, they tend to change their habits and return books when they
might otherwise not do so.
City Attorney Luwe stated that his office is now taking over the collection of bad
debts for the City instead of turning them over to a collection agency, which keeps half of all
monies collected. He stated that this new program results from discussions between the staff
in the Finance Department and the staff in his department, with the general consensus being
that the City Attorney's office can be more effective than an outside collection agency.
The City Attorney then stated that his department is actively pursuing the
enforcement of parking tickets, noting that his office has 1,600 summons, representing
$44,000, ready for issuance at City Court. He stated that, with the implementation of a boot
program, the need for the issuance of a summons could be decreased. He stated that the
. summons have not been issued because the City Judge is trying to get them into the Court's
computer system before they are issued.
Acting City Manager Brey cautioned that, before a boot program can be implemented,
the City must establish an impound yard in which good vehicles can be adequately protected.
He estimated the cost of creating such a yard in the lower City yards at $30,000 to $40,000.
06-24-97
---..---
.-.----....- .....
- 9 -
The Acting City Manager noted that 1.75 FTE in legal secretarial services is reflected
in this budget unit. He stated that the remaining .25 FTE is for secretarial services to the City
Manager, Assistant City Manager, Neighborhood Coordinator/Grantsperson and Director of
Public Service. He recognized that, while typing for those individuals may be minimal,
answering telephones can often eat up the .25 time allotted and then some.
. City Attorney Luwe stressed that all legal services provided to the City are under his
control, which means that the attorney listed under the City-County Planning Department must
report to him. He indicated that he and Planning Director Epple have discussed this issue and
are prepared to work out the details to ensure that this position functions properly with the
City's organizational structure.
The City Attorney stated that, in the future, he would like to explore the hiring of a
second year law student to intern during the summer, at an estimated cost of $1,000 per
month. He also noted that, since the attorney in the Planning Office will be appearing in Court
on behalf of the City, it is important that this individual be given an opportunity to practice in
City Court. He indicated that this will be accommodated in the upcoming fiscal year.
. The City Attorney encouraged the Commission to recognize the impacts which the
increase in citations issued by the police officers and the changes in Court procedures are
having on his department.
City Attorney Luwe characterized the computer system in his office as aging, noting
that the only pentium computer is in his office. He stated that in this budget, he proposes to
upgrade one of the computers and add two telephone lines so the attorneys can conduct on-
line legal research.
The City Attorney stated that he can live within the reduced amount for travel and
schools. He cautioned, however, that the amount budgeted for contracted services may be
low, depending on how much outside counsel needs to be retained in the upcoming fiscal year.
Commissioner Stiff stated he is concerned about seeing a budget increase 50 percent
. in three years, but he feels that the increase has been well explained.
9-1-1. Acting City Manager Brey stated that the new equipment for this program will
cost approximately $1.6 million. To date one grant, from the COPS More Program in the
amount of $413,000, has been approved, and an application has been submitted for a
$375,000 loan from the Department of Commerce. He stated that the Board plans to actively
06-24~97
- 10-
seek donations from the community for the purchase of the emergency generators, at an
estimated cost of $100,000. He then estimated the shortfall between the amount budgeted
and the City's total portion of the project at $75,000 to $125,000, and he feels that remainder
can be accommodated in next year's budget if the schedule for acceptance and payment is
appropriately set.
. Administrative Services Director Gamradt briefly highlighted many of the
miscellaneous budget units, including General Obligation Bonds, under which he noted that the
library bonds will be paid off in January 2000. He then reviewed the SID/Sidewalks Bonds and
SID Revolving Fund, under which he noted that the City must maintain a cash balance equal
to at least 5 percent of the outstanding SID bonds. He stated that the amount of outstanding
bonds has decreased over the past fifteen years, but the amount in the SID Revolving Fund has
not decreased in relationship. He noted, therefore, that under this budget, $557,000 is to be
transferred out of the fund and into other budget units to cover costs of specifically identified
projects, including the 9-1-1 equipment, software for the mainframe computer and a transfer
into special projects.
. The Administrative Services Director then reviewed the Internal Service Funds, which
include Purchasing, Vehicle Maintenance and Self-Insurance. He noted that these two
functions are strictly for the benefit of other City departments, and their costs are charged back
to other departments.
The Administrative Services Director completed his review of the budget by covering
the budget units included under Trust and Agency Funds, including Cemetery Perpetual Care
Fund and Parkland Trust Fund.
Responding to Commissioner Stiff, the Acting City Manager stated that a specific use
of the proceeds from sale of the Haynes Building has not yet been identified and, therefore, not
contained in this budget. He noted that expenditure of those monies during the upcoming fiscal
year could be accommodated through a budget amendment.
. Acting City Manager Brey noted that development of these budget recommendations
was based on the premise that basic services would continue to be provided but very little, if
any, program expansion would be allowed except in direct response to Commission goals. He
stressed that there were not very many extravagant requests, but there were many needs that
went unmet under this proposed budget. He characterized the proposed budget as a balanced
06-24-97
- - _. n__... .___ - ,- -----
- 11 -
budget, cautioning that any changes to the budget must be accommodated through changes
elsewhere in the budget.
Administrative Services Director Gamradt noted that, until the taxable valuation is
received, the amount of revenues will not be known. He estimated that those figures will be
known in mid-August or possibly early September. He suggested that, in the meantime, the
. Commissioners could identify changes which they feel should be accommodated in the budget
if possible.
Following a brief discussion, the Commissioners set the next work session on the
budget for Monday, July 14.
Adjournment - 8:32 C.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those
. voting No, none.
C D~ z .J;~
DON E. STUECK, Mayor
ATTEST:
rJd:- J ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
06-24-97
--- --_...__.,,"'_.~----