Issues over the contract with the State for spending the $500,000 Boulder Development Fund (BDF), a request to allow livestock inside the city limits, and appointments to the city police commission were discussed at the Boulder City Council meeting January 16.
Some of the exchanges at the meeting made clear some council members are displeased with the city attorney.
The first such evidence came during discussion of a proposed contract on the BDF funds. Council member Drew Dawson, serving at his first meeting since his November election to the council, expressed dissatisfaction with the content of the contract with the Department of Commerce and the process through which it was developed.
The BDF Board, on which Dawson also serves, had asked for a copy of the proposal in November and “that was not forthcoming,” he said.
The version before the council last week, negotiated by City Attorney Steven Shapiro, did not match well with what the BDF Board and those working on “Making Boulder’s Future Bright” had intended, said Dawson.
“We had hoped that this contract would be developed in close coordination with the BDF Board,” he said.
The proposal under review last week said none of the funds could be used for “planning, consulting, advising,” even though speakers from the Department of Commerce (DOC) had previously advised the community to build a solid foundation of planning documents, Dawson said.
The proposal also called for using funds to leverage the Main Street Program, but that involves planning and consulting, he said. In addition, the BDF Board has talked about creating a targeted economic district or TED, something that requires consulting, said Dawson.
Dawson said the city needs to negotiate changes in the contract, telling Shapiro, “Respectfully, sir, I don’t believe that should be you.”
It should be someone knowledgeable of the ongoing economic development effort for Boulder, he said.
Shapiro said DOC Director Pam Haxby Cote and State Budget Director Dan Villa had been clear that the grant money needs to go to hard projects. “They just want to be sure that real projects are being done that the community can use,” he said.
The attorney also said he believes the projects the BDF Board is contemplating will fit into the contract. “I think you have lots of latitude here, but the time crunch is the problem,” he said. He advised the city to ask the state officials what they think about funding the projects the BDF already approved, such as a master plan for the fairgrounds and a marketing effort.
Newly elected Mayor Rusty Giulio, presiding over the council for the first time, also expressed displeasure with Shapiro.
Saying he had managed multi-million dollar contracts and never had an attorney look the contracts over, Giulio said, “If we need legal advice, we will ask for it.”
Shapiro did not point out that the city previously asked him to negotiate with the DOC on the contract.
The council authorized Giulio to negotiate with the DOC to try to resolve the issues and then sign the contract if satisfactorily resolved.
After a sometimes tense discussion at the December council meeting involving the need for a police commission, the council decided to call for applications. Last week the council said seven applications had been received. Giulio said he was impressed with the applicants but wanted more time to consider them. The council voted unanimously to table that issue. Shapiro told them there are no pending issues for the police commission so a postponement is acceptable.
On another topic, the council was asked to consider amending its zoning ordinance to allow livestock in town. Leaders of the local 4-H club had asked the council for a change so their club members could raise their animals in town.
The current ordinance outlaws domesticated hoofed animals.
Shapiro suggested the council consider directing the 4-H members to apply to the city board of adjustments for a variance. He explained that would give neighbors public notice of the request and a chance to voice their concerns, if any.
4-H leader Lindsey Hays called that suggestion “kind of ridiculous” and “almost a slap in the face.” Allowing the neighbors to control what she can do on her property is not appropriate, she told the council.
When some in attendance asked about pigs being raised in town, Hays said as a 4-H leader she would discourage any kids from doing that. “We’d never have a kid do a hog in the city limits,” she said.
Club members generally only have their animals for about four months, she said. “This isn’t something that’s going to affect them [neighbors] for very long,” she said.
Boulder resident Lynn Price voiced support for allowing livestock in town, saying it fits the rural character of the area, teaches kids where food comes from, raises agricultural awareness and more.
Gary Richardson, who lives in Boulder, asked whether the animals could be boarded instead at the fairgrounds.
Eric Rykal told the council he has a large lot in Boulder and likes the 4-H program. But if “all of a sudden I’m running 20 pigs in there, I can guarantee my neighbors wouldn’t like it.”
Rick Zitnik predicted the problem would not come from the few people that care well for their animals. “It’s going to be the other 15 people that could care less,” he said. Changing the ordinance would be “opening the door to disaster,” he said.
Saying he got his entrepreneurial start in 4-H, Giulio said it teaches kids to balance a checkbook, keep records, advocate for their positions and more.
After further discussion, the council advised those wishing to have livestock in the city limits to apply for a variance through the board of adjustments.
Hays said she wished she had been told that months ago when she first approached the city about the issue.
In another issue involving Shapiro, the council reviewed a proposed work plan agreement with Land Solutions for consulting services on the Downtown Master Plan. Saying he had not seen the document before the meeting, Shapiro voiced concerns over some of the provisions. The council conditionally approved the agreement, directing Shapiro and Giulio to clean up “scribner errors” and sign the agreement pending approval of the contract with the DOC discussed earlier.
Council member Shane Maichel told the council he wants more specific information in the report they receive from Shapiro on his activities for the month. He said he was not asking for confidential information but wants the number of hours spent on various activities included.
Noting that he is paid a flat rate and not an hourly rate, Shapiro predicted the council will be surprised by the time involved. He also said it will take him some time to keep track of the hours.
Dawson told him, “We’re the customer. You’re the attorney. We need to know what we’re paying for.”
In other business January 16, the council:
• heard public comment from Carellen Nix on the definition of conflicts of interest;
• heard from Giulio that he had received a complaint about the medians on Main Street. The complainant said it is hard to see around the medians. Giulio said the city may take that up in the future;
• heard from Giulio that he believed a complaint about a lack of sidewalk plowing at the north and south ends of town would be resolved;
• noted receipt of a resignation letter from police officer Travis Rasmussen;
• heard activity reports from representatives of the Chamber, the Boulder Transition Advisory Committee, and Capital Improvement Plan consultant Morrison-Maierle;
• approved a contract negotiated by Shapiro for $42,000 per year to provide police and fire services to the Montana Developmental Center through June 30, 2019;
• elected Bettie Schlueter to continue as the council president;
• voted to update signature cards on the city’s bank accounts to reflect the new officials;
• approved changes in the ground rules for public participation in city council meetings;
• accepted the Boulder Volunteer Fire Department officer recommendations;
• designated Dawson as the city council representative on the BDF Board as a non-voting member;
• and conditionally approved a $10,000 match for the fairgrounds match plan and an $8000 match for a Southwest Montana marketing grant pending completion of the contract with the DOC.
