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HomeMy WebLinkAbout1986-01-27 36 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 27, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 27, 1986, at 4:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 20, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting held on January 20, 1986, be approved as amended. The motion carried by the followi ng Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - 95-foot quint aerial apparatus for Fire Division This was the time and place set to open bids for the 95-foot quint aerial apparatus for the Fire Division. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the 95-foot quint aerial apparatus for the Fire Division, be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis- sioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. I Name and Address Description of deducts Base Bid/ Amount of Deducts Becker Fire Equipment Company Casper, Wyoming $316,917.00 Substitute Spartan Chassis $ (5,557.00) Substitute Square Cab Hurricane $ (2,180.00) Substitute Rockwell 50100 Rear Tandem $ (3,800.00) Superior Fire Apparatus Helena, Montana (for Ladder Towers, Inc.) $295,755.00 Payment for chassis when completed $ (3,500.00) Substitute Rockwell 50100 Rear Axle $ (1,250.00) O'Donnell Fire Service Billings, Montana (for Pierce Manufacturing, Inc.) Proposal No. 1 $309,901.00 Payment for chassis when completed $ (3,867.00) Payment for aerial when completed $ (3,118.00) Payment for completed unit at Pierce $ (4,284.00) Proposal No. 2 $302,934.00 Payment for aerial when completed $ (3,118.00) Payment for completed unit at Pierce $ (4,255.00) I Commissioner Martel questioned whether the invitation for bids allows a second proposal from a firm. The City Manager indicated that the invitation for bids did not restrict a firm to one bid only. He noted that the second proposal from O'Donnell Fire Service involves a demon- strator, which would be available to the City sooner than a unit which must be totally con- structed. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids for the 95-foot quint aerial apparatus for the Fire Division be referred to staff for review 01-27-86 37 . and a recommendation to be submitt~d at a later date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commission~r Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I This was the time and place set for the continued public hearing on the Zon~ Map Change requested by the Research and Development Institute, Montana State University. to change the present zoning of PLI, Public Lands and Institutions, to B-1, Neighborhood Business, on a 9.87-acre tract of land and from PLI, Public Lands and Institutions, to TR, Technology Research, on a 100. 67-acre tract of land located in the north one-half of the northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. The subject tracts of land border West College Street from South 20th Avenue to U. S. Highway 191. Mayor Mathre reopened the continued public hearing. City Manager Wysocki stated that a notice of this continued public hearing was placed in Sunday's paper, since this public hearing has been continued from January 7, 1985. He then stated that the Research and Development I nstitute initiated the various processes required for this technology park; but the Endowment and Alumni Foundation has taken the project over. He further noted that the B-1 district has been relocated slightly; and the sizes of the B-1 and TR zones have been slightly adjusted. The City Manager stated that the purposes for the requested rezonin9s are essentially the same as set forth in the minutes from the January 7, 1985 public hearing; and the requestor's intent is still the same as it was at the time of a ppl ication. Planning Director Steve Lere reminded the Commissioners that this public hearing had been continued because the Planning Staff had originally recommended that a "T" designation be placed on this request to allow the City Commission an opportunity to review each individual I use upon this tract of land. He noted the applicant subsequently agreed to develop the property through the developmental guideline process; and the Planning Staff recommended that the decision on the Zone Map Change be deferred until developmental guidelines and the subdivision process were near completion. He noted that the amount of land to be rezoned to B-1 has been reduced from 9.87 acres to 6.9340 acres; and the amount of land to be rezoned to TR has been reduced from 100.67 acres to 80.0556 acres. The Planning Director then stated that the area to be zoned B-1 has been relocated slightly because the exact boundaries for that district were not known at the time of initial application but were finally determined during the preliminary plat process. The B-1 district is now located along West Garfield Street; but the only access to those two lots is through the interior roadway system. Mr. Jerry Gaston, Sanderson/Stewart/Gaston, Inc., consulting engineer for the applicant , indicated he would answer any questions. No one was present to speak in opposition to the requested Zone Map Change. Mayor Mathre closed the public hearing. This was the time and place set for the continued public hearing on the Zone Map Change requested by the Research and Development Institute, Montana State University, to change the present zoning of PLI, Public Lands and Institutions, to B-1, Neighborhood Business, on a I 9.87-acre tract of land and from PLI, Public Lands and Institutions, to TR, Technology Research, on a 100.67-acre tract of land located in the north one-half of the northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. The subject tracts of land border West College Street from South 20th Avenue to U. S. Highway 191. City Manager Wysocki stated that the changes noted during the public hearing above are to be a part of this decision process. He then recommended that the Commission approve the Zone Map Change, as revised. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission 01-27-86 38 approve the Zone Map Change from PLI, Public Lands and Institutions, to B-1, Neighborhood Business, on a 6.9340-acre tract of land and from PLI, Public Lands and Institutions, to TR, Technology Research, on an 80. 0556-acre tract of land, as requested by the Research and Development Institute and subsequently the Endowment and Alumni Foundation, Montana State University, on those tracts of land located in the north one-half of the northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner I Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. City Manager Wysocki presented to the Commission Ordinance No. 1198, as prepared by the City Attorney, entitled: ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM npLln (PUBLIC LANDS AND INSTITUTIONS) DISTRICT TO "TR" (TECHNOLOGY RESEARCH) DISTRICT A TRACT OF LAND BEING A PORTION OF TRACTS A AND C OF CERTIFICATE OF SURVEY NO. 1243, SITUATED IN THE Nt OF SECTION 14, T2S, R5E, MPM, IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki stated that this Ordinance adopts the Zone Map Change just approved in the above agenda item. He noted that this Ordinance includes the revisions to the properties to be rezoned. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1198 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1198, changing the zoning from PLI to B-1 and from PLI to TR on portions of Tract A and C, Certificate of Survey No. 1243, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Montana State University Endowment and Alumni Foundation to allow a Research Technology Park on a portion of Tract C of Certificate of Survey No. 1243. This site is located in the northeast one-quarter and northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located south of West College Street and west of South 19th Avenue. Mayor Mathre opened the continued public hearing. City Manager Wysocki stated that, although the description for this and the following agenda item is different from the description listed in the preceding three agenda items, the same tract of land is involved. He then reminded the Commission that this application for a Conditional Use Permit establishes developmental guidelines for a major Planned Unit Devel- opment on the above-described tract of land. He noted this public hearing was continued from last week's meeting because Commissioner Jordan wanted to further discuss hazardous materials and wastes; City staff was to discuss cash-in-Iieu-of-tax payments with the petitioner; and I Commissioner Vant Hull had asked questions about energy conservation measures to be implemented. Commissioner Jordan stated that he had met with Roger Thorvilson, Solid Waste Management Bureau in Helena, and expressed his various concerns. He noted that conversation indicated Bozeman is ahead of other cities in Montana in addressing the subject of hazardous materials and wastes. The Commissioner indicated that the developmental guidelines indicate that all entities located within the technology research park will meet all federal, state and local laws and ordinances in effect at the time the use is implemented; and he feels that the City should proceed with adoption of applicable ordinances as soon as possible. 01-27-86 38 City Manager Wysocki stated one of the conditions for approval, which is not included in those recommended by the Zoning Commission, is that the City staff work with the petitioner to prepare an agreement on cash-in-Iieu-of-tax payments. He noted that City Attorney Crumbaker- Smith has been in contact with the legal counsel for the applicant; and if they are unable to resolve this item, it will be brought back to the Commission for resolution. The City Manager then noted that Commissioner Vant Hull had raised several questions I about energy conservation measures to be implemented and asked if those questions had been resolved. Commissioner Vant Hull indicated that she had contacted the architect for the petitioner and had received answers to her questions. Mr. Tom Wood, architect for the Endowment and Alumni Foundation, noted that the guidelines established by the Northwest Power Planning Council apply to residential uses of electrical energy only. He then indicated that the applicant intends to comply with any state regulations on energy usage and building code requirements at the time of construction. Mayor Mathre asked if the applicant is willing to meet all of the conditions as recom- mended by the Planning Staff and the Zoning Commission as well as the added condition concern- ing cash-in-lieu-of-tax payments. Mr. Jerry Gaston, Sanderson/Stewart/Gaston, Inc., consulting engineer for the applicant, indicated that the Endowment and Alumni Foundation accepts the recommended conditions. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. This was the time and place set for the decision on the Conditional Use Permit requested by Montana State University Endowment and Alumni Foundation to allow a Research Technology Park on a portion of Tract C of Certificate of Survey No. 1243. This site is located in the I northeast one-quarter and northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located south of West College Street and west of South 19th Avenue. City Manager Wysocki recommended that the Commission approve the Conditional Use Permit, subject to the conditions recommended by the Zoning Commission and the added condition concerning cash-in-lieu-of-tax payments. Commissioner Vant Hull noted that she shares Commissioner Jordan's concern about the adoption of ordinances as soon as possible regarding hazardous materials and wastes . The Commissioner then assured the applicant that her concern involves hazardous materials and wastes in the entire community, not just the technology research park, but this item is the catalyst for such concerns. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by the MSU Endowment and Alumni Foundation to allow a Research Technology Park on a portion of Tract C, COS No. 1243, located in the NEL and NW* of Section 14, T2S, R5E, MPM, subject to the following conditions: 1. That the zone change request from "PU" to "TR" and II B-1" be approved by the Bozeman City Commission prior to final approval. 2. That the design for streets, sidewalks, curbs, gutters, storm drainage, water and sewer facilities shall be reviewed and approved by the City Engineering Officer prior to any construction. 3. That Exhibit "B" of the Development Guidelines, which establishes I building elevations and 100 year storm ponding capacity requirements, be reviewed and approved by the City Engineering Officer prior to final approval. 4. That the appropriate sections of the Advanced Technology Center Development Guidelines be revised, accordingly, if in fact, the Planning staff's Zone Code Amendment to Chapter 18.38, "TR" Technology Research District (Zoning Application #Z-8530) is approved by the Bozeman City Commission. 5. That Section 3.17.2 of the Land Use Development Guidel ines add Section 3.17.2.2 to read: 01-27-86 40 3.17.2.2 -- The owner or lessee of each lot within the Advanced Technology Center shall, upon submittal of their application for a Conditional Use Permit to the Bozeman City-County Planning Office, include a written statement (in triplicate) identifying all potential nuisances that may arise from their operations at the center and provide a plan for the acceptable handling, disposal or remedy of those nuisances that meet all applicable local, state and federal regulations pertaining to those nuisances. 6. That the developer add Section 9.0 - Payment of Cash in Lieu of Taxes I to the Land Use Development Guidelines and that it be rev;.ewed and approved by City staff and Planning Director prior to final approval. 7. That the Land Use Development Guidelines as revised will be part of the covenants, and will be filed with the Gallatin County Clerk and Recorder. 8. That the Land Use Development Guidelines, including the Architectural Sketchbook, as revised by the conditions of a P. U. D. approval, are hereby specifically made a condition of approval. 9. That each specific development project will be reviewed through the summary review process for Planned Unit Developments as specified in the Bozeman Zoning Code, and each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines. 10. That the developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structures is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-hal f (1 i) times the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. 11, That three (3) copies of the Land Use Design Guidelines and required supporting documents containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to application for summary review of individual projects. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the I Planning Director; and one (1) signed copy shall be retained by the applicant. 12. All on-site improvements (i.e., private streets, utilities, buffering! screening, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. Prior to the permanent renewal of the Conditional Use Permit, all individual projects will be completed and must satisfy all of the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for thei r action. If all required conditions have been satisfied, the permit will be permanently renewed. 13. That the applicant's legal counsel work with the City Attorney and staff to prepare an agreement acceptable to the City for payment of cash-in- lieu of taxes where applicable. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Code Amendment - Cit -County Plannin o to current standar s or echnology This was the time and place set for the decision on the Zone Code Amendment requested by the City-County Planning Staff to update Sections 18.38.030 through 18.38.080 to current standards for Technology Research establishments. City Manager Wysocki reminded the Commission that the public hearing on this Zone Code Amendment was conducted at last week's meeting. He then concurred in the Zoning Commission's I recommendation for approval. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Zone Code Amendment requested by the Planning Staff to update Sections 18.38.030 through 18.38.080 to current standards for Technology Research establishments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. 01-27-86 --------~_.- 41 Discussion - possible conflict of interest - Mayor Mathre's employment City Manager Wysocki stated that Commissioner Martel had requested this item be placed on the agenda. He noted that a memo from Commissioner Martel was included in the packet, along with a letter from Dr. Weaver, Director of the Local Government Center, addressing this matter. Mayor Mathre yielded the gavel to Mayor Pro Tempore Vant Hull for this discussion. I Commissioner Martel stated that he had placed this item on the agenda to bring the situation to the public's attention as well as the Commission's attention. He indicated that he feels the item should be discussed; and it should be determined whether a conflict of interest does in fact exist. The Commissioner then quoted Section 7-3-4367, M.C.A., as follows: Section 7-3-4367. Control of conflict of interest. (1) Comm iss ioners and other officers and employees shall not be interested in the profits or emoluments of any contract, job, work, or service for the municipal ity and shall not hold any partisan political office or employment. Any commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office, and any such contract in which any member is or may be interested may be declared void by the commission. Commissioner Martel noted that the dictionary defines emoluments as "remuneration, pay, wages and salaries." He stated that Mayor Mathre began her employment with the Local Govern- ment Center during the summer of 1985; and by December her earnings had exceeded $2,600.00. He indicated that he had requested the financial records of operation through the University controller, but copies of records would not be released without the permission of Dr. Weaver or the Dean of the College of Letters and Sciences. Instead, Dr. Weaver submitted the letter of summary which was included in the packets. Commissioner Martel stated he then contacted the central records office in Helena and received the information late Friday afternoon. Commissioner Martel then quoted Section 2-2-105, M.C.A., as follows: Section 2-2-105. Ethical principles for public officers and employees. (1) The principles in this section are intended as guides to conduct and do not constitute violations as such of the public trust of office or em- ployment in state or local government. I (2) A public officer or employee should not acquire an interest in any business or undertaking which he has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by his agency. Commissioner Martel stated that Mayor Mathre qualifies as an employee of the City as well as a half-time employee for the Local Government Center, which was started by Dr. Weaver. He further noted that support for the Center is derived from local governments and he feels that Mayor Mathre receives a direct benefit from those local government monies. The Commissioner stated if there is a conflict of interest or a possible conflict, the individual should disclose that fact; and he is not aware that any disclosure has been made to date. Mayor Mathre asked City Attorney Crumbaker-Smith to review the meaning of the statutes submitted by Commissioner Martel and to indicate whether she feels those statutes apply to this situation. City Attorney Crumbaker-Smith noted there are six or seven different references to conflict of interest in the State Statutes. She then stated that Section 7-3-4367, M.C.A., is located under the Commission/Manager form of government for municipalities, noting that it basically says that Commissioners won't be interested in the benefits of any contract for the municipality. She stated that the contract with the Local Government Center upon which payment was made two weeks ago was with the Local Government Study Commission, not the City of Bozeman. She further noted that the Study Commission is an independent entity and separate from the City; therefore, she does not feel this section of the State Statute applies. The City Attorney then turned her attention to Section 2-2-105, M. C.A. She noted the I first sub-section indicates that this is a guide only; and she does not feel that the situations discussed in it constitute a violation of the public trust. She noted that, as a Commissioner, Mayor Mathre is a public official, not an employee; and this section of the Statute indicates that a public official shall not acquire an interest in any business which he has reason to believe may be substantially benefitted economically by official action to be taken by the agency. She stated the Commission has not taken any official action to hire the Center to do anything and; therefore, she does not feel that this situation fits under this section of the State Statute, either. She noted another section of the State Statute prohibits a public official from using 01-27-86 42 information acquired in confidence to substantially increase his economic status; but this situation does not involve confidential information. Mayor Mathre stated that the nature of the information which has been shared with other local governments has been information which she gathered ten years ago, when she served on the Local Government Study Commission and has nothing to do with information gathered from public employees. The Mayor then noted that action of the 1972 Constitutional Convention provided that all I local governments would be reviewed beginning in 1974; and the electors would then vote on whether to review their local governments every ten years thereafter. She stated that in the 1970's, the State set aside monies to support those study commissions and conducted several workshops to assist in the process. She noted that establishment of local government study commissions was not anticipated on a large scale this past year; but 98 local governments are currently being reviewed. The Mayor indicated that the State set aside funding for only one half-time person this year; and the study commissions need more assistance than can be pro- vided through that source. She stated that former Mayor Weaver established the Local Govern- ment Center to provide the needed assistance; and the funding for that Center is derived through user fees to those study commissions using the facility. Mayor Mathre stated the City Attorney has addressed the issue of conflict, as listed in the State Statute. She then noted the question to be determined at this time is whether a conflict of interest actually does exist. She also asked how the item should be addressed if an actual conflict is determined. City Attorney Crumbaker-Smith stated is some instances disclosure is curative, but in others it is not. She indicated that in some instances resignation may be necessary. The City Attorney then noted that as one reads through the various sections of the Statute pertaining to conflict of interest, references are made to substantial effect, substantial value and substantial economic benefit. Mayor Mathre then asked if disclosure is necessary under these particular circumstances. City Attorney Crumbaker-Smith stated that, given the facts as outlined by Commissioner I Martel, she does not feel this circumstance fits into either of the two sections of the Statute which he quoted. She noted that informal disclosure has been made to the Commissioners and the City staff, but she does not feel a formal disclosure is warranted. Mayor Pro Tempore Vant Hull asked Mr. Torlief Aasheim, member of the Study Commission in 1974, jf he felt that body was under the City Commission in any way. She also asked him if he felt that having been a member of that Study Commission would help to make one a better Commissioner or Mayor. Mr. Aasheim stated the City Commission established an amount which could be spent by the Study Commission, as provided in the State Statute; however, the City Commission did not specify how those monies were to be spent. He then indicated that serving on the Study Commission was a learning experience; and he feels it could help one become a better Commis- sioner. Mayor Pro Tempore Vant Hull then asked Mrs. Beverly Knapp, Chairman of the current Study Commission, to respond to the same questions. Mrs. Knapp stated that she feels the Study Commission is separate from the rest of the City, noting that the study commissioners are elected by the voters, and a separate mill is levied to fund their activities. She noted that the Study Commission bills are processed through the City's accounting system; and, therefore, the legislative body does rubber stamp the processing of those payments. Mrs. Knapp then stated that she feel s being a study com- missioner is a good experience for any citizen; and she feels it could be beneficial for one serving in a public office. I Commissioner Martel noted that the monies for the Study Commission are included in the City.s budget. He further noted that the Commission approves the Study Commission expendi- tures; and Mayor Mathre abstained from voting two weeks ago when the approval list contained a claim to the Local Government Center, paid from the Study Commission's budget unit. City Attorney Crumbaker-Smith noted there is no statutory reason for the Study Commis- sion bills to come before the City Commission for approval, since the Statute authorizes the Director of Finance to make those disbursements. She noted the City does process those 01-27-86 43 payments through its normal claims process, which is the only reason those items are included on the approval list. Commissioner Stiff indicated that, if the City Attorney feels that legally there is no conflict of interest, he chooses to say nothing on this matter. Commissioner Martel indicated the City Attorney has a vested interest in this matter since she must deal with the Commission; and he feels this issue should be tabled until outside I counsel has had an opportunity to review the matter and submit an opinion. Commissioner Jordan stated he feels that Commissioner Martel pursued very few of the avenues he should have prior to placing this item on the agenda. He indicated that attacking one's character in this manner without doing fifty percent of the legwork is inexcusable. He further noted that the information submitted by Commissioner Martel does not support his concern about conflict of interest; and the item should not have been placed on the agenda. Commissioner Jordan then stated he feels Commissioner Martel should apologize to Mayor Mathre. Mayor Pro Tempore Vant Hull stated she feels the facts submitted in Commissioner Martel's memo are in error. She further noted the facts that have been presented do not support the alleged conflict of interest. The Mayor Pro Tempore then stated she feels Commissioner Martel should move to withdraw this item from the agenda and publicly apologize to Mayor Mathre for questioning her integrity and character, noting that if does not do so, she will constantly question his integrity and judgment during his term of office. Commissioner Martel stated he had the information necessary to place this item on the agenda; and he had reviewed the State Statute. He indicated that he was questioning the situation only and not Mayor Mathre's trustworthiness or integrity. It was moved by Commissioner Jordan that this item be dropped because of the evidence submitted and the opinion given by the City Attorney and that it not be placed on the agenda again until evidence can be given that a conflict of interest does exist. The motion faited for lack of a second. Commissioner Stiff expressed hesitance to second Commissioner Jordan's motion because I he feels the matter will take care of itself. He noted again that he chose not to address this item because the City Attorney's opinion indicates that a conflict of interest does not exist; and he feels this item does not require any Commission action. Mayor Pro Tempore Vant Hull returned the gavel to Mayor Mathre. B rea k - 5: 1 0 to 5: 20 p. m . Mayor Mathre declared a break from 5:10 p.m. to 5:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Appointment to City-County Health Board City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda at last week's meeting. Mayor Mathre noted the proposed agreement, which is to be discussed at the City-County Health Board tomorrow morning, is not yet in effect, and asked if any particular position is listed in the membership. Commissioner Stiff noted the proposed agreement reflects the Mayor. City Attorney Crumbaker-Smith noted that the draft agreement was written to reflect the manner in which the City-County Health Board has been operating. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission appoint Mayor Mathre to the City-County Health Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner I Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The quarterly litigation report from City Attorney Crumbaker-Smith. (2) A memo from City Attorney Crumbaker-Smith concerning residency requirements for the ninth member of the City-County Planning Board under the new State Statute. 01-27-86 ~ Lt (3 ) A copy of a letter from the Endowment and Alumni Foundation at Montana State University to the Department of Highways in Helena indicating support for placing the third interchange for Bozeman on the priority list for funding. (4) A thank you note from the Big Sky Wind Drinkers running club to the City for its efforts to keep the sidewalks snow free. (5) A memo from Commissioner Vant Hull, along with a substantial amount of baCk-Up information, concerning the sidewalk snow removal ordinance. I Commissioner Vant Hull stated she would like to see a discussion on this item in the near future. She suggested that the City staff review the ordinance and place the item on the agenda when ready. The Commissioner also asked that the other Commissioners place this information where readily available for discussion. City Manager Wysocki indicated he feels this discussion should be conducted close to the end of the snow season. (6) A copy of the proposed Memorandum of Agreement for Continuing Transportation Planning in the Bozeman Urban Area as revised by the Department of Highways, as well as a copy of the proposed Bylaws of the Policy Coordinating Committee, as revised by the Department of Highways. (7) Agenda for the City-County Health Board meeting to be held tomorrow morning at 7:00 a.m. in the Gallatin County Courthouse. (8) A copy of a newspaper article on a subdivision program to be televised, as sub- mitted by Commissioner Vant Hull. (9) Agenda and information packet for the Zoning Commission meeting to be held on Tuesday evening in the Commission Room. (10) An application and attached letter from King Tool, Inc., for the CDBG economic development program. The City Manager noted this Item will be on next week's agenda for discussion. (11) The City Manager indicated that he will be attending an Urban Coalition meeting on Thursday. He suggested that any Commissioners interested in attending contact him this week. I (12 ) Mayor Mathre noted that the Commission had not completed all of the items during its orientation session earlier this afternoon. Following a brief discussion, the Commission set 2:00 p.m. on February 10 as the next orientation session. Consent Items Items. II A Main Street - A Street - Claims It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. I Adjournment - 5:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being 01-27-86 45 Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: I Clerk of the Commission I I 01-27-86