HomeMy WebLinkAbout1995-03-13 ccmWORK
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MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 13, 1995
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. The Commission of the City of Bozeman met in work session and agenda meeting in the
Commission Room, Municipal Building, March 13, 1995, at 3:00 p.m. Present
were Mayor
Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner
Frost, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Work Session - (A) Discussion - sidewalk program 1995 (B) Settina of aoals
for Fiscal Year
1995-1996 (C) Discussion with County Commission re fundina for Librarv
(A) Discussion - sidewalk program 1995
City Engineer Craig Brawner reviewed his memo of March 8 and the attached priority list
for 1995. He stated that this listing is based on the rating and ranking sheet which
was
. adopted in conjunction with the revised sidewalk policy approximately a year ago. He noted
that, under the sidewalk policy, the Commission is to review the priority list and then establish
the sidewalk program list for 1995, which will be subjected to a public hearing prior to
finalization of the list.
The City Engineer encouraged the Commission to review the list, in anticipation of a
discussion during the March 27 work session. He proposed that the discussion be
followed
by development of the proposed list of projects, which will be the subject of a public hearing
on April 17. He further proposed that the sidewalk program then be established and that
notices be mailed to all affected property owners in early May, with an installation deadline of
October 1.
The City Engineer recognizes some of the complications which accompany some of the
. listed projects, including difficulties with terrain and possible lack of right-of-way. He then
noted the Commission must make a decision on whether the sidewalks along the east side of
Highland Boulevard are to be installed in conjunction with the street improvements or if they
are to be installed by the adjacent property owners.
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Commissioner Stueck noted that the rating and ranking system makes it much easier to
identify the high priorities and provide justification for requiring the installation of sidewalks.
City Engineer Brawner stated the Engineering Technician Andy Kerr has done all of the
rating and ranking sheets; and that has been a very comprehensive project. He noted that the
. job should be much easier in the future, since the basic data is now complete. He noted that
the numbers for each of those sidewalks will remain the same unless conditions change;
however, ran kings will change based on how those numbers compare with the numbers for all
of the other sidewalks.
Responding to Commissioner Frost, the City Engineer stated that the sidewalk repair
program is still in effect, with a certain section of the community targeted each year. He noted
that those repairs not completed under last year's program will be installed by a contractor this
spring; and a new repair program will be started. He briefly reviewed the process which is used
for notifying the affected property owners under the repair program.
Acting City Manager Brey stated that for the past few years, the City has been working
with the local chapter of the Coalition of Montanans with Disabilities in identifying priorities for
. ensuring accessibility, particularly in the downtown area and other heavily traveled areas.
The Commissioners agreed to include further discussion on this item on the March 27
work session.
(C) Discussion with Courity Commission re funding for Library
Those in attendance at this discussion included:
Citv
Mayor John Vincent
Commissioner Marcia Youngman
Commissioner AI Stiff
Commissioner Don Stueck
Commissioner Joe Frost
Acting City Manager Ron Brey
City Attorney Paul Luwe
Clerk of the Commission Robin Sullivan
. Librarv
Steve Cottrell, Director
Lois Dissly, staff member
Cindy Christian, staff member
Ron Farmer, Chair of the Board of Trustees
Edna Berg, Board member
Helen Kerr, Board member
Charles Kirk, Library Foundation
Beverly Knapp, Library Foundation
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County
Commissioner Kris Dunn, Chair
Commissioner Jane Jelinski
Commissioner Phil Olson
Fiscal Officer Ed Blackman
Others Dresent
. Mark Lakey, Chair of Board for Belgrade Library
Director of Libraries Steve Cottrell gave a presentation on current funding for the Library,
graphically depicting the inequities of that funding and how continuation of those inequities will
negatively impact the Library's operation in future years. He also showed how use of the
Library has increased over the last nine years, noting that has put a strain on staffing levels as
well as the resources available, such as books. He also provided a comparison of Bozeman's
budget, book inventory and staffing with similar sized communities in Montana and surrounding
states; and those comparisons revealed that Bozeman's Library is providing essentially the same
level of services as those other communities with a smaller budget, smaller staff and smaller
book inventory.
Director Cottrell stated that the role of the Library is rapidly changing, with more demand
e being placed on reference and information services; and technology is having a dramatic impact
on the types of services being sought.
The Director stated that in 1976, Gallatin County provided support to the four public
libraries, which are located in Bozeman, Belgrade, Manhattan and Three Forks, to ensure library
services would be provided for the rural population. He noted that was the result of lobbying
by the Friends of the Library, after it was determined that charging rural customers for library
services was not an effective mechanism for covering the costs incurred. He stated that in
1980, a public library was opened in West Yellowstone; and the County has contributed to that
library as well.
Director Cottrell noted that circulation statistics show that in 1980, 32 percent of the
. Library's patrons were county residents; and in 1994, 42 percent were county residents. In
Fiscal Year 1995, the city residents contributed slightly over $17 per capita toward operation
of the Library, while county residents contributed slightly over $5 per capita. The Director
emphasized the fact that this is for the operating budget only, and does not include monies for
retirement of the general obligation bond for the building or the costs of the new computer
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system which is currently being installed. He noted that when those costs are added,
city
residents contribute roughly $26 per capita. He stated that if the County provided support at
the same level as the City, based on the $17 per capita, the Library would have an additional
$217,000 annually, which would place it on a par with other libraries of similar size.
e Director of Libraries Cottrell expressed concern that if the disparity in funding is not
corrected, it will lead to decreased quality of services as well as a decrease in hours of
operation. He suggested several alternatives for addressing the disparity, some of which
include terminating of the current contract between the City and the County, and creating a
new service area, if the County does not increase its funding level. He stated that if none of
those alternatives are not pursued, one remaining alternative is to charge County residents for
use of the City Library. He noted that the fee would be approximately $100 per household if
the level of support from County residents was to be on par with support from City residents.
Responding to Commissioner Stueck, Director Cottrell stated that there are no federal
or state monies supporting the Library at the present time.
Responding to County Commissioner Olson, Director Cottrell stated that, while residents
e from anywhere in the county may use the Bozeman Public Library, the typical county resident
is located from somewhere north of Belgrade to some point south of Big Sky.
Responding to County Commissioner Jelinski, Director Cottrell stated that since each
library contracts separately with the County, the libraries have not attempted to work together
in forwarding a comprehensive plan for County Commission consideration.
Mr. Mark Lakey, Chairman of the Belgrade Library Board of Trustees, expressed concern
about the impacts that any action taken by the County or the Bozeman Public Library may have
on the Belgrade Library. He stated they are also feeling the impacts of growth; and they need
to minimize any other types of impact.
Mr. Ron Farmer, Chair of the Bozeman Library Board of Trustees, emphasized the fact
e that this meeting is to focus on the inequities in funding for the Bozeman Library, under the
existing contract between the City and the County.
County Commissioner Jane Jelinski emphasized the importance of the five public libraries
working together. She then stated the County currently levies 1 % mills to support libraries;
and those monies are divided among the five libraries. She noted that, because of 1-105, the
only way to raise additional monies is through a special voted mill levy.
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During discussion on this issue, each of the County Commissioners stated a willingness
to place a special voted mill levy for libraries on the next ballot. They emphasized
the
importance, however, of the libraries working together to gather data, develop an educational
program and disseminate information in an effort to get that mill levy passed. They further
. suggested that this could be accomplished by making the county residents aware that they can
either provide additional support for the libraries through a mill levy or, if the levy fails, through
paying a user fee for the library services. They also recognized the importance of ensuring that
county residents recognize that this special mill levy is being sought because of the constraints
of 1-105, not only on the County government but on all City governments as well.
County Commissioner Kris Dunn suggested that this process should be started by their
holding a public hearing, then formation of a "blue ribbon" committee to advocate a special
voted mill levy.
Commissioner Youngman summarized the discussion by stating four steps have been
identified: (1) each of the libraries is to be contacted by the County, brought together
for
discussion and coordination, and asked to complete a data-gathering effort, concentrating on
. funding and usage; (2) the County Commission is to conduct a public hearing; (3) the County
Commission is to appoint a committee of interested persons to promote the mill levy
throughout the county; and (4) vote on the mill levy.
County Commissioner Jane Jelinski asked for information on the formula which the State
Library has developed for allocating percentages of county users at each of the libraries. She
then cautioned that legislation pertaining to the local option motor vehicle tax must be carefully
monitored, since that provision is scheduled to sunset in the near future; and that source of
revenue was used a few years ago to double the County's contribution to Bozeman's Library.
Mr. Mark Lakey suggested that one or two members from the Board of Trustees for each
Library meet before the initial meeting is held by the County Commission.
Discussion with County Commission re miscellaneous items and future work sessions
. County Commissioner Phil Olson stated that he has met with the Superintendent of
Yellowstone Park about the possibility of composting garbage, not just yard clippings but
garbage and waste water. He stated that he has an interesting video which shows
the
process, indicating that a large amount of garbage is needed to make the composting process
work well. County Commissioner Olson stated that a meeting with representatives from Park
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County, Jefferson County, Broadwater County, Madison County and Gallatin County is
scheduled for 1 :30 p.m. on Wednesday, March 29, in the Community Room ofthe Courthouse.
He invited the City Commissioners to attend the meeting as well, noting that the video will be
shown at that time.
. Commissioner Marcia Youngman stated that she has a video from her attendance at the
National League of Cities Congress of Cities, where she attended sessions on this type of
garbage disposal system. She then noted her interest in the subject as well.
County Commissioner Kris Dunn stated that representatives from the City and the
County have been meeting about combining of the 9-1-1 and dispatch centers, under some
type of interlocal agreement.
County Commissioner Jane Jelinski stated that the County Commission has adopted a
resolution of intent to create a water quality district. She stated, however, they have
encountered an administrative problem because the State statute requires that a post card be
mailed to every property owners within the district. She noted that, since non-profit
organizations are not taxed, the Assessor's Office does not have that information readily
. available. She then forwarded the County Commission's commitment to proceeding as quickly
as possible with this process, despite the setbacks which have been arisen.
Commissioner Youngman suggested that the County Commission and the City
Commission each establish a list of topics which they wish to discuss at future work sessions.
She also suggested that a specific time be set for the next several work sessions, so that
everyone is aware of when they will be occurring.
It was determined that joint work sessions held every other month would be beneficial
for the next few months, with the frequency being backed off to quarterly meetings after that.
Commissioner Stiff stated he has briefly talked to County Commissioner Jelinski about
the possibility of a growth management goal for the City for the upcoming fiscal year. He then
forwarded his position that the County should be involved in this type of goal, noting that may
. require rewording of the goal.
County Commissioner Jane Jelinski stated that she has also briefly talked to
Commissioner Frost about the possibility of limiting or managing growth in Bozeman.
She
cautioned that such an approach has far-reaching impacts, particularly when multiple goals,
such as creating more affordable housing, are involved. She cautioned the Commissioners
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about pushing more development out into the county, where infrastructure is not available, or
into other communities in the immediate area. She then encouraged the City Commission to
cooperate with the County as well as other communities when considering this type of item.
Commissioner Stiff expressed concern about use of terms such as "growth audit" or
. "growth management", noting that those types of terms can cause problems for the Gallatin
Development Corporation as it endeavors to attract new businesses to the area.
Commissioner Frost stated the purpose of the goal is to determine the most appropriate
places to encourage growth as well as those areas where growth should not be allowed.
(8) Setting of goals for Fiscal Year 1995-1996
The Commissioners determined that, due to the late hour of the meeting, this item
should be deferred.
Commissioner Youngman suggested that this discussion be placed on next week's
agenda, since the afternoon session seems relatively light. She noted that if there is not
sufficient time, it can be delayed once again.
. Agenda Meeting - for reaular meetina and Dublic hearinas to be held on March 20. 1995
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
Acting City Manager Brey briefly reviewed the background information which was
included in the Commissioners' packets.
Commissioner Stiff asked if the letter which the Commission just received from Susan
Taylor Nelson, dated March 13, is a request for action prior to making a decision on the request
for modification of the Conditional Use Permit for the Walker Planned Unit Development or if
it is a part of the decision to be made on the CUP.
City Attorney Luwe noted that at last week's meeting, the Commission made a decision
on the pedestrian circulation system for the original Walker Planned Unit Development; and the
. decision before the Commission at next week's meeting is whether to modify that PUD by
incorporating an additional 23 acres. He then indicated that, from the letter submitted by Mrs.
Nelson, it is difficult to determine whether the establishment of pre-approved uses is to be a
part of the decision on the Conditional Use Permit or if it is an issue to be addressed prior to
making that decision. He stated that staff will research the issue and have a response prior to
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next week's meeting, with any proposed language for revision of the Planning Board's decision
if that is determined to be the best way to address the item.
Commissioner Stiff stated that he has discussed the requested Conditional Use Permit
for the Lucky Lil's Casino briefly with City Attorney Luwe; and he will be discussing the matter
. further during the upcoming week, in preparation for next week's decision.
Commissioner Frost asked about the proposed revisions to Condition Nos. 19 and 20 for
"The Pines" Conditional Use Permit. He noted that the new proposed Condition No. 20 states
" ... Should the Fire Marshal determine that necessary access is not being maintained, he may
require the removal of the gate by the developer." He then asked if this condition would trigger
re-implementing the original condition, which requires paving of the 14-foot-wide alley.
City Attorney Luwe indicated that some right-of-way acquisitions for the West Main
Street/West Babcock Street/South 23rd Avenue intersection realignment may be added to the
Consent Agenda, if he receives the documents in time.
Commissioner Stiff asked several questions about the proposed 1 2-percent increase in
wastewater rates, whether a 12-percent increase is adequate or if the City will face a hearing
. before the Public Service Commission in the near future to increase the rates by a greater
percentage to cover the costs. He also questioned why no increase is being proposed for the
water rates, and if the reason is tied to the large increase in wastewater rates.
City Attorney Luwe stated that, depending on the outcome of a legislative bill, the 12-
percent limit on rate increases may be eliminated. He then stated that the City has expended
slightly over $1 million on the Bozeman Solvent Site to date; and future costs are not yet
known.
Commissioner Stiff then asked how those future costs will be funded, and whether a
bond issue may be needed, or whether other financing options may be pursued.
Commissioner Frost asked about requiring the planting of boulevard trees along the North
7th Avenue and Baxter Lane frontages of the GranTree Conoco, since that issue is not
. addressed in the recommended conditions for approval of this Conditional Use Permit
application.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
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Information" items.
( 1 ) letter from Jody May, 1219 South Tracy Avenue, dated March 7, expressing
concern about the recent increase in crime and encouraging the Commission to increase the
size of its police force.
. (2) letter from Marshall White, dated March 8, expressing concern about the dramatic
increase in crime and asking that more revenues be devoted to police protection.
(3) letter from coordinators for the March for Jesus, dated January 30, seeking
permission to conduct the 1995 March for Jesus at 10:00 a.m. on May 27. Accompanying
that letter was a note from the Assistant Police Chief indicating that satisfactory arrangements
have been made for the requested march.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, March 14, in the Commission Room.
(5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
March 14, in the Commission Room.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
. March 14, at the Courthouse.
(7) Commissioner Stiff distributed copies of an article entitled City Workers forced
to
live elsewhere, published in the March 5 edition of the Daily Camera, published in Boulder,
Colorado.
(8) The Acting City Manager stated he has been working on a memorandum of
understanding with several different agencies, including Yellowstone National park, the Forest
Service, Gallatin County, Bureau of land Management, Montana State University, the Soil
Conservation Service, and other similar organizations. The intent of the MOU is to allow for
a freer exchange of resources on issues which involve several of the jurisdictions, and providing
for cooperative efforts which will benefit everyone. He indicated that when the
draft
Memorandum has been finalized, he will submit a copy to the Commission for its review and
. consideration.
(9) Commissioner Stueck requested a future agenda item to discuss enforcement of
the curfew hours. He stated that conversations with people in other communities which have
encountered problems with gangs reveal that the Commission should immediately (1) indicates
its support for the Police Department and (2) make a concentrated effort to institute and strictly
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enforce a curfew. He suggested that the Commission should meet with representatives from
law enforcement as well as local judges and the County Attorney, regarding the matter and
send a clear message that Bozeman belongs to the law abiding citizens and that gang or "want
to be gang" activities will not be tolerated.
. City Attorney Luwe stated that most of the research for writing of a new curfew
ordinance has been completed; and he anticipates a draft ordinance will be prepared by the end
of the month. He then indicated that, after incorporating comments from staff into the
ordinance, it should be ready for Commission review by the end of April or the first of May.
He noted it is his hope to have the ordinance adopted and in force before the school year has
ended.
(10) Commissioner Frost submitted the following. (1) Cited articles from the March
1995 edition of American City & County, entitled Local Governments To Join Network,
DoverNet Puts Citizens On Line With Their City and Planning Can Lower Flood Insurance Costs.
He also noted that on CNN last night, it was noted that the flooding in California is occurring
in the 500-year and 1 ,OOO-year floodplains, most of which are not even identified on floodplain
. maps. He then suggested that grant monies could possibly be acquired to develop new
floodplain maps for Bozeman, particularly in light of the vulnerability of the downtown area,
with all of the development which is occurring to the south. (2) Cited an article in the latest
MMIA newsletter regarding the use of auxiliary and reserve police officers. He suggested that
through the use of reserve officers, it might be possible to provide additional police services
without increasing the number of officers. (3) Stated his interest in holding a town meeting
on growth as soon as possible, to obtain input from the public. (4) Distributed copies of the
three-year budget projection for Fiscal Years 1994-1996, noting that he will also distribute
copies of another three-year projection which he feels will be beneficial for the new
Commissioners.
(11) Commissioner Youngman submitted the following. (1) Suggested that the
. Commission discuss the format for a town meeting within the next few weeks, in preparation
for the town meeting. (2) Indicated an interest in rewording some of the Commission goals,
particularly the goal pertaining to growth management, in light of this afternoon's discussion.
(3) Stated that on Friday night and Sunday morning, she and Commissioner Stueck appeared
on the Montana Profiles program on KUSM television. She noted that the program was
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devoted to legislative issues; however, most of the discussion revolved around the impacts of
federal legislation rather than state legislation. (4) Met with members of the Library staff last
week to talk about access to InterNet and the new technological programs they are pursuing
and how those issues may affect other City operations. (5) Noted that the Commission is
. taking hits about budgeting for the Police Department; however, the Commission has approved
the requests which have been submitted.
( 12) City Attorney Luwe stated SB227 will be heard by the House Local Government
Committee at 3:00 p.m. tomorrow.
Commissioner Youngman suggested this would be a good bill upon which to encourage
citizen input.
Acting City Manager Brey stated that he and City Attorney Luwe have been accessing
the legislative bulletin board through their computers; however, the information is 24 hours old;
and that sometimes makes it difficult to provide input for a hearing.
(13) City Attorney Luwe stated the City has received a favorable opinion from the
Supreme Court regarding an appeal based on lack of speedy trial. He noted that the opinion
. will be unpublished, so it cannot be cited in future cases.
( 14) Mayor Vincent stated he has changed the term "enforced civility" to "civility
slide", which he feels is a better description of what is happening in Bozeman. He then cited
petty crimes that have begun to occur, like graffiti being spray painted on 1 OO-year-old trees
in Cooper Park. He noted that money, time and resources have been devoted to ensuring
adequate personnel to enforce building regulations; however, the Police Department has not
enjoyed the same attention. He agreed with Commissioner Stueck's assessment that now is
the time to get tough on petty crimes and gang activities, encouraging the Commission to
remember these issues during the budgeting process.
Adjournment - 6:03 D.m.
. There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
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ATTEST:
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at;/~
ROBIN L. SULLIVAN
Clerk of the Commission
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