HomeMy WebLinkAbout1997-06-23 Minutes, City Commission
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MINUTES OF THE WORK SESSION/SPECIAL MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 23, 1997
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. The Commission of the City of Bozeman met in work session/special meeting in the
Commission Room, Municipal Building, June 23, 1997, at 3:00 p.m. Present were Mayor
Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman, Acting City
Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost
was absent due to injuries received in a motorcycle accident.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Authorize absence of Commissioner Frost from meeting, in compliance
with Section
7-3-4322(2), M.C.A.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
absence of Commissioner Frost from this meeting be approved in accordance with Section
. 7-3-432212). M.C.A. 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.
Work Session - (A) Discussion re outdoor lighting issues: (B) Discussion re sians in parks
(A) Discussion re outdoor lighting issues
Planning Director Andy Epple reviewed his memo of June 4, a copy of which had
been included in the Commissioners' packets for the June 9 work session. He reminded the
Commissioners that, a few weeks ago, they received a letter from Mike Reichman, Montana
Power Company, objecting to the 20-foot height limit on light poles. He noted that, about the
same time, the Commission received a letter from Mergenthaler Transfer and Storage,
. expressing concern that the 20-foot high poles do not allow for adequate security lighting
because of their large tractor trailer units, which cast shadows. The Planning Director noted
that, subsequent to receiving those letters, Mayor Stueck asked that the Planning Staff and
Police Department review the issues of safety in conjunction with the height limitations.
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Planning Director Epple reminded the Commission that the 20-foot height limitations
were imposed in February 1990, along with the companion requirement that the lighting be
deflected down and/or away from adjoining residential areas and not detract from driver
visibility. He stated that, since February 1990, outdoor light poles have been installed in
compliance with the 20-foot height restriction and with cut-off shields to ensure the light is
. directed downward and that the luminaire is not visible, thus avoiding horizontal spilling of light
from the fixture.
The Planning Director noted that hardship variances were requested for both the
WalMart and Costco parking lots, and both of those requests ere denied. He noted that
deviations to the height limitations have been available in the entryway overlay district, and
Billion Auto Plaza is the only location where that deviation was requested, thus allowing the
lights to be installed at 24 feet. He noted that, through retrofitting of the fixtures with clip-on
cut-off shields, those light fixtures have been brought into compliance with the zone code.
The Planning Director noted that concerns have been expressed recently about the
potential for lower height requirements leading to inadequate lighting, thus leading to possible
. increase in vandalism and safety problems because the cone of iight does not spread as far as
when the poles are taller. He stated that, in reality, more light poles have been installed, thus
providing the needed lighting to ensure safety and security, even in the larger parking lots in
the community. He also stressed that the 20-foot-high poles create a more attractive
atmosphere, and they are less obtrusive particularly when they are located adjacent to single
story structures. He noted that they also blend into the landscaping and site design better and
are typically more compatible architecturally. He stated that a recent conversation with Chief
of Police Tymrak revealed that no reports or complaints have been filed about problems
encountered in parking lots where the lights are installed on 20-foot standards.
Planning Director Epple recognized that security lighting where oversized equipment
is stored may be compromised if the 20-foot height limit is required. He suggested that, rather
. than changing the height limitations for all parking lots, however, it may be most appropriate
to modify the requirements for those areas where oversized equipment and vehicles are stored
to allow for light poles to not exceed 30 or 35 feet in height. He noted another possibility that
might be worth considering is the creation of a sliding scale, under which especially large
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parking lots could utilize higher light standards, to a certain maximum height, thus alleviating
the need for so many lights.
The Planning Director noted that a flyer in his latest power bill revealed that Montana
Power Company is promoting its lawn illumination program. He then suggested that the
Commission may wish to consider the expansion of its lighting restrictions to apply to this type
. of lighting, too, since it can also lead to light pollution on adjacent properties or public rights-of-
way.
Mr. Mike Reichman, Montana Power Company, asked that the Commission consider
providing flexibility in its requirements, rather than a stringent height requirement. He noted
that many communities have adopted the "dark sky" approach and, with modern fixtures, those
requirements can be easily met, even with higher poles, because the luminaire is shielded to
direct the light downward and prohibit upward or horizontal spillage of light. He stressed that,
by eliminating the visibility of the source of the light, the issues and concerns which have
caused the regulations to be imposed are addressed.
Mr. Reichman encouraged the Commissioners to visit the Montana State University
. campus at night, noting that much of the new lighting on campus is on 30-foot poles and
meets the dark sky requirements.
Mr. Reichman stressed that a 30-foot height is very common in the lighting industry,
and noted that the additional 10 feet can make a significant amount of different in the light
coverage. He stated that the Illuminating Engineering Society has established lighting
standards, and cautioned that if those standards are not met because of height limitations, the
City could incur some liability.
Mr. Reichman recognized the need to allow taller light poles in areas such as lumber
yards, areas where semi-trailers are parked and areas where recreational vehicles are located.
He cautioned with, without the increased height, adequate light coverage cannot be attained
to ensure security.
. Responding to Mayor Stueck, Mr. Reichman stated that Montana Power Company has
been in the lighting business since it began in 1912. He noted that they had no record of any
of their lights being stolen until recently, when three lights were stolen from the West Babcock
Park, where the lights are installed on 20-foot poles. He also noted that the lower lights are
more susceptible to vandalism, since they are easier to hit with rocks and SS guns.
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Responding to Commissioner Rudberg, Mr. Reichman stated that, over the past seven
years, the lighting industry has responded to demands for light fixtures which meet the dark
sky requirements. He noted that there are now many attractive fixture styles and designs from
which to choose, unlike the choices of a few years ago.
Responding to additional questions from Commissioner Rudberg, Mr. Reichman stated
. the light poles at the Main Mall are 40 feet tall. He characterized the lighting in that parking
lot as being an example of poor lighting. He noted that a couple of the light fixtures have been
changed out and, while they are more compliant than the original lighting, he characterized
them as being about half compliant. He suggested that if the 40~foot-high poles were allowed
to remain and if the fixtures were changed out to fully compliant fixtures, he feels the result
would be acceptable to the community.
Planning Director Epple noted that the light fixtures at University Square Shopping
Center are being replaced. The lighting contractor for that project indicates that the new
fixtures are 600 watts instead of 1100 watts. He noted that, because of the downward
concentration of that light, however, it as effective as the old fixtures were.
. Responding to Mayor Stueck, Planning Director Epple indicated a willingness to work
on a proposal under which larger parking lots could take advantage of taller poles, provided
certain requirements are met. He then stressed the importance of ensuring that the 20-foot
height limitation is retained for smaller parking lots.
Mr. Reichman encouraged the Commission to consider lighting requirements which
address the type of lighting fixture allowed more than pole height.
Commissioner Rudberg stated she feels it is inappropriate to allow tall light poles in
areas where they might negatively impact residential development. She stated, however, she
is interested in providing some reasonableness and flexibility in the code, thus allowing people
to take advantage of new technology and designs.
Commissioner Youngman stated that concerns are typically registered by people in
. residential areas close to where parking lot lighting is proposed, and the zone code is designed
to ensure that they are not negatively impacted by that lighting. She then asked at what
distance the lumina ire of a light on a 20-foot-high pole is visible, versus the distance from
which a light on a 30-foot or even a 40-foot-high pole is visible. She suggested that
information could be very beneficial when considering any changes to the code.
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Mr. Reichman stated he does not have the answers to those questions, although he
noted the engineering staff could determine the distances. He then recognized that shielded
lights are better in an urban setting than the typical yard light, which is often visible for miles.
Commissioner Youngman raised the issue of yard lights. She noted that some of the
yard lights, particularly those next to the street, can create blind spots for both drivers and
. pedestrians. She also suggested that retrofitting of the traditional street lights could be of great
benefit to the community.
Mr. Mike Reichman responded that the street lights along Mendenhall Street are cut-
off fixtures. He then stated that, from a safety standpoint, lights installed in the 6-foot to 12-
foot-high range create a tremendous glare for drivers. He noted that the street lights along
South Willson Avenue are among the most hazardous in this community, although he
recognizes that the style is in keeping with the area.
Responding to questions from Mayor Stueck, Planning Director Epple noted that the
current ordinance, which was adopted in 1990, is not really thorough and is subject to a
significant amount of interpretation. He suggested that if the ordinance is modified, the
. provisions could be written more objectively and comprehensively.
Commissioner Rudberg stated she has a problem with addressing personal yard lights,
unless they are tall yard lights in the rear yard that shine in a neighbor's bedroom.
Planning Director Epple stated that, if the Commission wishes, staff will bring back
a proposal for a comprehensive rewrite of this section of the code for Commission
consideration, indicating that staff should have a report for Commission consideration in about
six weeks. The Commission concurred that would be appropriate.
(8) Discussion re signs in parks
Project Planner Christopher Williams stated that Bozeman Baseball installed 44 signs,
each containing 32 square feet, at the West Babcock Park, which has prompted this discussion.
He noted that, in a memo dated June 19, he and Planning Director Andy Epple have forwarded
. four questions for which they would like Commission direction. He stated those questions
include: (1) should the signs be limited in size; (2) should the City share in the revenue
generated by the signs for park maintenance; (3) should the content of the signs be regulated;
and (4) who should be responsible for authorizing permits for the signs?
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The Project Planner reminded the Commission that the Recreation and Parks Advisory
Board will consider this issue at its July 3 meeting, at which time he anticipates they will
forward additional input on items to be considered.
Responding to Commissioner Rudberg, Planning Director Epple stated that details
about the proposal to install signage at the Recreation Complex are very sketchy, since that
. proposal did not get beyond the initial inquiry stage.
Responding to Mayor Stueck, the Project Planner recognized that the signs would be
temporary because the season extends from mid~May to early July. He suggested that the
conditions for allowing the signage could include the provision that the signs be installed at the
beginning of the season and placed in storage within one week after the end of the season.
Responding to additional questions from the Mayor, Planning Director Epple cautioned
that some of the winter sports, such as the hockey club, may want to take advantage of
signage, if it is allowed in conjunction with their season. He suggested that the time when
signs may be erected could be tied to the season, rather than to a specific time of the year.
He then cautioned that, if this is allowed, the cross country ski group may want to have signs
. erected along the trails. He asked if the Commissioners want to limit the signage to youth
activities, or if the softball association should be allowed to erect signs as well.
Mayor Stueck stated he feels the temporary nature of the signs, tied to the season
of that sport, is the key to the issue.
Commissioner Youngman stated she feels it is a good idea to allow businesses to
have their names posted in recognition of their support of the program. She suggested,
however, that the names be posted on one sign, rather than each business having its own sign.
She noted that the signs can be easily read through the cracks in the fence, and she feels the
residents around the park should be protected from the visual impact of large signs. She
stressed the importance of recognizing that the ballfields are located in public parks, stating
that 32-square-foot signs are excessive in size.
. Mayor Stueck stated that the only place the signs at West Babcock Park are easily
visible is from the corner of West Babcock Street and Fowler Avenue, and there is only one
house from which those signs can be easily seen.
Commissioner Stiff stated the type of signage which has been erected at West
Babcock Park is universal in ballfields, and he has no problem with it. He noted that the
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revenues from these signs help to support the programs, and he feels it is important that the
youth programs receive this type of support.
Mr. Carl Strozewski, President of the Gallatin Valley Softball Association, stated that
their proposal was to place signs on the backs of the dug-outs at the Recreation Complex. He
characterized the Complex as a beautiful facility, stating they don't want to degrade it by
. placing signs around the fences, but they would like to provide some exposure for those
companies who support the softball program. He stated that the signs would not be visible
from any neighborhood or roadway, but would be visible to those within the Complex. He then
stated that the Association signs an annual contract with the City for use of the facility, and
the signs would be erected only during the time that the Association has control of the
Complex.
Mr. Strozewski stated that the Association is a non-profit organization, and it assists
the City in maintenance of the Recreation Complex. He assured the Commission that any
revenues derived from the signs would be used to keep the participant fees and sponsor fees
from skyrocketing, and those monies will be used for maintenance and upgrading of the
. Complex.
Responding to questions from Mayor Stueck, Acting City Manager Brey stated that
the revocable permit program under which sandwich board signs are allowed along Main Street
has some specific guidelines and requirements which are acceptable to both the City of
Bozeman and the Montana Department of Transportation. He suggested that those standards
could be used as the basis of a similar program for signs in conjunction with recreational
programs.
During discussion, the Commissioners provided responses to the questions which
were raised in the memo from the Planning Department. They generally concurred that,
because of the temporary nature of the signs, 32 square feet might be acceptable. They
further concurred that the City should not share in the revenues generated by the signs because
. those programs have either been responsible for major improvements within the park or are
currently participating in maintenance of the facilities.
City Attorney Luwe noted there have been some recent court decisions pertaining to
signage for tobacco and alcohol, and requested time to research those issues. He stated those
court decisions probably contain criteria upon which a decision may be based.
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As a result of discussion, the Commissioners generally concurred that a sign for the
Montana Tavern Association, Jackpot Casino or Bronken's Distributing would be appropriate,
since they are businesses, but signs for Budweiser or Marlboro would not be acceptable. The
Commissioners also concurred that the revocable permit process, through the City Manager's
office, would be an appropriate way to process requests for signs. The Commission then
. forwarded its position that signs would be appropriate in areas where team sports activities are
conducted, but they would not be appropriate along the cross country ski trails and other
similar recreation areas.
Project Planner Christopher Williams stated that, after the Recreation and Parks
Advisory Board meeting, he will forward additional information to the Commission for
consideration.
Sian in a of Notice of Special Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
. Award bid - improvements to South 3rd Avenue between Kagy Boulevard and Wagon Wheel
Road South . Schedule I to JTL Group. Inc.. Belgrade. Montana. in the bid amount of
$1.065.282.00; Schedule II to Montana Lines. Great Falls. Montana. in the bid amount of
$93,322.50; contingent upon approval bv MOoT CTEP Engineer
Acting City Manager Brey stated that, included in the Commissioners' packets, was
a memo from Project Engineer Rick Hixson, dated June 17, forwarding staff's recommendation
for award of the bid. He noted that the low bid for Schedule I is 12 percent below the
engineer's estimate, and the low bid for Schedule II is 33 percent below engineer's estimate.
He stressed that, while the bids are below the engineer's estimates, they are significantly
higher than originally anticipated because of modifications to the project during the design
phase. He noted that the second page of the memo contains a tabulation of the funding
sources for the project, and a $75,712 contribution for the water line was inadvertently
. omitted from the tabulation.
The Acting City Manager stated that negotiations for acquisition of one remaining
piece of property are still underway. He stressed that the acquisition must be complete before
the project can begin.
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Responding to questions from Mayor Stueck, City Engineer Brawner stated he is sure
that a Notice to Proceed can be given for only a portion of the project. He then indicated that,
hopefully, within the next few days the right-of-way acquisition will be completed.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission award the bid for improvements to South Third Avenue between Kagy Boulevard
. and Wagon Wheel South, contingent upon approval
by the Montana Department of
Transportation CTEP Engineer, as follows: Schedule I with alternate to JTL Group, Inc.,
Belgrade, Montana, in the bid amount of $1,065,282.00; and Schedule II to Montana Lines,
Great Falls, Montana, in the bid amount of $93,322.50, those being the lowest and best bids
received. 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.
Emplovment Aareement with Clark Johnson to serve as City Manager - Fiscal Year 1998
Mayor Stueck stated that he and Commissioner Stiff met with Mr. Clark Johnson to
. negotiate an employment agreement. He stated that Mr. Johnson has agreed to the provisions
of the employment agreement which has been forwarded to the Commissioners for
consideration. He briefly highlighted the contents of that agreement, noting that it includes a
base salary of $ 53,484.00, which is the salary which Acting City Manager Brey has been
receiving. In addition, the City will contribute 7 percent of the employee's salary, or
$3,744.00, to the ICMA retirement program; provide a $2,400.00 car allowance annually; and
contribute $ 500.00 toward a disability insurance policy. The Mayor stated that this package
totals $60,128.00 per year, which is significantly lower than former City Manager Wysocki's
package, which was slightly in excess of $77,000.00. He then noted that if Mr. Johnson is
terminated within the first six months of his employment, he is entitled to no severance pay.
He indicated that, under this agreement, performance reviews are to be completed every six
. months. Those reviews are to be conducted in open session unless another employee's right
to privacy is involved.
Commissioner Stiff stated his support for the agreement as drafted, characterizing it
as being to the City's advantage.
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Commissioner Youngman stated that, as long as the employee agrees to having the
performance reviews conducted in open session, she will support it. She noted, however, that
she would also be willing to argue for closing of those sessions to ensure that his privacy is
recognized.
Commissioner Youngman noted that Commissioner Frost asked her to forward his
. concerns, on his behalf, since he is unable to attend the meeting. She noted that, under
Section 4c, Commissioner Frost feels the period for termination without severance pay should
be one year instead of six months, due to the complexity of the position. She stated her
support for this proposal, noting that a one-year period is essential because of the nature of the
workload for this position. She noted, however, that if the employee is terminated between
six months and one year, he should be eligible to receive the accrued vacation and sick leave
to which he is entitled.
Commissioner Youngman forwarded Commissioner Frost's second concern, which is
that the starting salary is too high. She noted that, while he has no problem with the proposed
benefits, Commissioner Frost feels the base salary should be initially set at $30,000.00.
. Responding to Mayor Stueck, City Attorney Luwe stated the Commission may set the
City Manager's salary at whatever level they choose; there is no requirement that it be set
higher than the highest paid employee.
Commissioner Youngman stated that she shares Commissioner Frost's position that
the salary is too high, although she is not sure it should be lowered to $30,000.00. She noted
that under this agreement, as drafted, the salary is to be set at the same level as Assistant City
Manager Brey has been receiving as Acting City Manager; however, she stressed the
importance of recognizing that he has been doing two jobs for that salary. She forwarded her
position that, under the proposed agreement, taxpayers are being asked to "shell out" too much
money. She noted that in private enterprise, which has been the model for this hiring process,
people are paid a starting wage which is reflective of their experience; and she feels that
. concept should be followed in this process. She recognized that an upward adjustment after
the initial salary is appropriate and very reasonable.
Mayor Stueck forwarded his position that the City Manager's salary should be higher
than any of the staff members' salaries.
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It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the
Commission approve the employment agreement with Clark Johnson to serve as City Manager
for Fiscal Year 1997~ 1998. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting
No being Commissioner Youngman.
.
Authorize Actina City Manager to sign - Aareement with McKenna Realtv and Insurance for real
estate services for expansion of municipal facilities. including possible disposition of Carnegie
Buildina
Acting City Manager Brey noted that, included in the Commissioners' packets, were
copies of the standard listing contract for sale and an exclusive employment agreement to
retain McKenna Realty & Insurance for sale of the Carnegie Building and acquisition of other
facilities to house the City offices. He stressed the importance of looking to the future, noting
that is what was done when the City Hall Complex was constructed in the 1960s. He noted
that under this agreement, any real property to be acquired must meet the terms and needs of
the client, as set by the client.
. The Acting City Manager stated that under these agreements, the Carnegie Building
is to be placed on the market at $475,000 or the appraised value, whichever is higher. He
noted that under the agreements, the broker fee on the Carnegie Building is to be 7 Y2 percent
and the broker fee on the property to be acquired is 3 % percent.
Responding to Mayor Stueck, the Acting
City Manager characterized these
agreements as standard agreements for realtor services. He indicated that they do not exclude
any other realtors from bringing forward a proposal for purchase of the Carnegie Building.
Responding to Commissioner Stiff, City Attorney Luwe proposed that in the motion
to authorize the Acting City Manager to execute these documents, the Commission should do
so with the condition that demolition of the building would be prohibited and that the buyer
must agree to a deed restriction before the property is sold.
. It was moved by Commissioner Youngman. seconded by Commissioner Rudberg, that
the Commission authorize and direct the Acting City Manager to execute the agreements with
McKenna Realty and Insurance for realtor services to sell the Carnegie Building and acquire
other facilities, subject to the condition that a deed restriction be placed on the sale to prohibit
demolition of the Carnegie Building, with the restriction being signed prior to the sale. The
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motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No,
none.
Discussion ~ FYI Items
. Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 ) Notes from a telephone call from B.J. Plum, 326 North 17th Avenue, asking
that Commissioners and staff use their microphones during Commission meetings.
(2) Letter from John P. Langenheim, 6570 Schafer Road, dated June 18,
expressing concern about the new bulbs on Babcock Street adjacent to the Federal Building.
(3) Letter from Marilou Turrentine, 15 South Tracy Avenue, stating opposition
to the proposed 15~minute parking zone on the west side of South Tracy Avenue from the alley
south to Babcock Street.
(4) Invitation to attend the grand opening of the Springmeadows Assisted Living
. Community, which was held on Saturday, June 21.
(5) Memo from Planning Director Andy Epple, dated June 20, forwarding
responses to questions from Commissioner Frost at Thursday's work session regarding long
range planning and capital improvements.
(6) Copy of the Fiscal Impact of Different Land Uses on County Government and
School Districts in Gallatin County, Montana as prepared by the Local Government Center,
dated January 1996.
(7) Copy of the Calendar of Events for Preparation of Budget for Fiscal Year
1997~ 1998, as revised to reflect the work sessions established by the Commission.
(8) Copy of a $5,000 donation from the Bozeman Rotary Club to the DARE
program.
. (9) Minutes from the CTEP steering committee meeting held on June 10, 1997.
(10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, June 24, at the Courthouse.
(11 ) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, June 24, in the Commission Room.
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(12) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, June 24, in the Commission Room.
(13) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, June 26, in the Commission Room.
(14) Agenda for the Montana Transportation Commission meeting set for July
. 8 and 9 in Dillon.
( 15) The Acting City Manager submitted his weekly report, as follows. (1) Has
been working with Fire Marshal Chuck Winn and Chief Building Official Neil Poulsen regarding
development of the safety inspector position. (2) Met with incoming City Manager Clark
Johnson to begin the transition period. (3) Met with the Director of Public Service regarding
a number of activities in his department. (4) Met with Administrative Services Director
Gamradt and Personnel Director Berg regarding labor negotiations, (5) Noted that, beginning
July 1, parking for employees will be very limited behind City Hall. He noted that many
employees may be forced onto the street, and that situation must be addressed before school
begins in the fall. (6) Reviewed the agenda for next week's meeting, which includes identifying
. any possible changes to the budget for next fiscal year.
(16) The Acting City Manager distributed copies of a memo from Director of
Public Service Phill Forbes, dated June 19, in which he estimated costs of quarterly mailings
of water conservation materials at $14,000 to $16,000. He gave copies of the possible
stuffers to Commissioner Youngman and asked her to review them before passing them along
to the other Commissioners.
(17) Commissioner Stiff stated that much of this past week was devoted to
church activities, noting that they have, by unanimous vote, selected a new woman minister
for the church. He noted that she is a local resident.
(18) City Attorney Luwe submitted the following. (1) Met with County Attorney
Marty Lambert last week regarding the 9-1-1 contracts for the two bidders on the project. (2)
. Stated that the Montana Supreme Court has remanded a case back to District Court on an
appeal by the City. He briefly highlighted the case, which involves the arrest of a Yellowstone
County deputy sheriff on DUI charges. After the officer was found guilty in City Court, he
appealed the case to District Court, and the District Court dismissed the case instead of
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excluding part of the evidence. The Supreme Court has found that the District Court should
not have dismissed the case and has remanded it back for trial.
(19) Mayor Stueck noted that, under the revised Interlocal Agreement, the City
and the County are to appoint one more member to the City-County Health Board. He noted
that the Health Department is to forward information on the type of expertise they wish to see
. added to the Board with these additional appointments, for Commission consideration in the
near future.
(20) Mayor Stueck stated that he attended
the grand opening of the
Springmeadows Assisted Living Community, noting it is a beautiful facility that provides an
additional option to senior citizens if they can no longer enjoy independent living but do not
need a rest home.
Adiournment - 4:47 p.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.
cO~/~~
DON E. STUECK, Mayor
ATTEST:
(2L / J!#~
ROBIN L. SULLIVAN
Clerk of the Commission
.
06-23-97