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HomeMy WebLinkAbout1997-09-08 Minutes, City Commission r - ~ MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 8, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, September 8, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meeting - for regular meeting and Dublic hearings to be held on SeDtember 15. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included . in the Commissioners' packets. (4) Assistant Planner Chris Saunders stated that the applicant has forwarded a compromise position, in which he proposes the 11 to 14 acres in the floodplain remain in "AS" zoning, with the remainder of the property being zoned "R-2" and "M~ 1". He noted that this would result in a reduction of 66 to 84 potential dwelling units on the site. He cautioned that under the zone code, the more restrictive zoning on a parcel governs, so care must be taken to ensure that the" AS" zoning does not impact possible development on the "R~2" zoned property . (5) Senior Planner Skelton reviewed the proposal, noting that the applicant is generally in agreement with the conditions recommended for approval. He noted, however, that the applicant has raised three issues regarding the conditions. He stated those issues . include acquisition of easements for the sewer line and dedication of the private sewer line to the City, timing of the installation of the sidewalk along South 20th Avenue, and issuance of a building permit prior to extension of municipal services to the site. Responding to Mayor Stueck, the Senior Planner stated there is a privately owned parcel between the end of the Cowdrey private sewer line and the subject property. 09-08-97 --.. z = ------- - 2 - Responding to Commissioner Frost, the Senior Planner indicated that, in this instance, staff has no problem with the issuance of a building permit before the municipal infrastructure is extended to the site, mainly because there is a fire hydrant in close proximity to this site. (6) City Manager Johnson noted that considerable concern has been voiced about the damage to the grass, particularly in Bogert Park, resulting from people driving and parking . on the grass for Farmers' Market and the band concerts. He stated that the next Recreation and Parks Advisory Board meeting agenda includes discussions about Farmers' Market and Sweet Pea, so the discussion scheduled for next week's Commission meeting appears to be premature and should be rescheduled to October. Commissioner Rudberg recognized the concerns raised, however, she feels a viable alternative for retaining those activities within the city limits is important before steps are taken to move them out of the parks. She noted that those activities have been an integral part of the community for many years and should be retained. She recognized that staff and representatives from those organizations will have all winter to identify an alternative. Mayor Stueck noted there is currently an ordinance which prohibits parking on the . grass, and the Commission must determine whether it wishes to have that ordinance enforced. City Manager Johnson stated that staff has placed this item on the agenda because of the concerns which have been raised by citizens and the Recreation and Parks Advisory Board. He then indicated that staff will seek direction from the Commission and attempt to resolve the problems during the winter. Commissioner Stiff stated that allowing vehicles to park on the grass for the band concerts does not seem to harm the grass significantly, and it is important for many of those attending the concerts. Commissioner Frost suggested that the parking area in Bogert Park could be designed, thus increasing the number of parking spaces. He also suggested that moving the Farmers' Market to the south end of the park could result in better parking opportunities without anyone . parking on the grass. (7) Director of Public Service Forbes stated that the Engineering staff does not have all of the counts needed to provide an engineering analysis upon which to base any recommendations regarding the installation of stop signs. He then noted that the installation of four-way stops also requires analysis of accidents at the intersection. He indicated that staff 09-08~97 ."';'~.~ ~ .------:--. -..-.-----.-.- .------------ -----.--. .--.--.-.---. ----. ---.----..----.. - 3 - will attempt to complete the analysis in time for next week's agenda, recognizing that it may need to request a delay to October 6. (8) The Director of Public Service reviewed his memo, in which he forwarded a list of twelve individuals who would be willing to serve on the task force. He then asked that the Commissioners forward their top ten selections, suggesting that if they submit the information . early in the week, he will forward a list of those receiving votes from a majority of the Commissioners, for appointment to the task force. He proposed that if such a list is developed, this item could be placed on the consent agenda for next week's meeting. ( 16) Associate Planner Dean Patterson provided a brief overview, noting this application involves extensive modifications to one of the few structures on the north side of town which retains some architectural significance. He noted the applicant has been cooperating with staff in developing a proposal which will meet his intent while protecting the characteristics of the site. (17) Historic Preservation Planner Strahn provided an overview, stating this application involves the conversion of an existing garage into a work space. He indicated that . staff was initially concerned about the elimi nation of two on-site parking spaces because of this conversion, however, a review of the site indicated that is not a problem. He then stated that, while the advertisement for the requested deviation was for a 6 Y2 -foot encroachment into the side yard, the deviation is actually 5 % feet. (18 & 19) Senior Planner Skelton gave an overview of the project on behalf of Assistant Planner Jody Olsen, noting it is a Certificate of Appropriateness with deviation and variances. He stated the variances will allow the building and driveway to encroach into the south corner side yard setback, and seven parking spaces to encroach into the north side yard setback. He noted that staff is recommending approval of the two deviations along the south side of the lot but are unable to support a hardship variance for the parking spaces. He stated that staff has identified some trade-offs which could possibly be considered if the Commission . wishes to approve the third variance. He then stated the requested deviation will allow approximately 2 square feet more signage than allowed under the code. He indicated that staff may forward concerns at next week's meeting pertaining to improvements to West Beall Street, which is located in a 29-foot-wide right-of-way. 09-08-97 ...-----.-.-- ...--.- ..-..- - 4 - (20&21) Planning Director Epple gave an overview on behalf of Assistant Planner Olsen. He stated that under this application, a single-family residence which was previously converted to office uses will be converted to a day care facility. In conjunction with the application, variances are being sought to allow the existing gravel parking area to remain. He noted that staff cannot support the requested variance, although he suggested the Commission . could consider a temporary variance, possibly for up to one year. Responding to Commissioner Rudberg, the Planning Director stated that the applicant has made a commitment to clean up the site and to fence a play area to ensure the security and safety of the children. (22 & 23) Planning Director Epple gave an overview on behalf of Assistant Planner Olsen. He stated that under this application, a single-family residence on a 3/4 acre parcel is to be converted to a Montessori school for up to 25 students. He noted that access is from an unnamed gravel road which is slightly offset from Goldenstein Lane. He stated that a one- way access is proposed, to ensure that traffic does not become tangled. He indicated that a significant amount of public comment was received, with most of that comment pertaining to . traffic on Sourdough Road and concern about the safety of the intersection. He noted that staff originally identified the need for a variance to allow the on-site parking lot to remain unpaved, however, he has since determined that since the lot contains under fifteen parking spaces and since the site is accessed from an unpaved road, there is no paving requirement for the parking lot. He stated that under the second requested variance, 12 square feet of signage is being sought, and staff has suggested that 8 square feet of signage would be more appropriate. Commissioner Rudberg noted that the Commission has previously asked that staff consider a zone code amendment to provide for signage for churches in residential zones and requested that signage for this type of institutional use be added to that amendment. (24) Assistant Planner Chris Saunders stated that "after considerable and vigorous . discussion" the Planning Board forwarded a recommendation for approval of this zone map amendment. 09-08-97 --- -----,,- __....u______. __.___ _.._ - 5 - Work Session - (A) Discussion re process for appointment of Water Resources Task Force; (8) Discussion re policy for addressina violations in bars - Fire Department; (C) Discussion re draft dog ordinance (A) Discussion re process for appointment of Water Resources Task Force Director of Public Service Phill Forbes stated that, under the agreement with Woodward-Clyde, the Commission is to appoint six to ten members to a broad spectrum task . force, and those members are to then appoint an additional three to five members to the task force. He stated that the initial meeting of the task force is to be scheduled for September 24 or 25 and asked that the Commission take whatever steps might be possible to "jump start" the appointment process. Responding to Mayor Stueck, the Director indicated he does not want to truncate the process by having the Commission forward their ten top selections to the City Manager in writing within the next few days, however, he cautioned that the amount of time in which to complete the appointment process is short because of the timing of the consultant's fieldwork. Further responding to Mayor Stueck, the Director stated the Chamber of Commerce and Museum of the Rockies have declined to be represented on the task force. . Commissioner Youngman stated the task force should be encouraged to select members who would fill in the gaps, suggesting that low-income persons and seniors on fixed incomes should be represented. Commissioner Rudberg suggested that the task force should select members who meet the criteria for stakeholders. Responding to Commissioner Youngman, the Director of Public Service noted that some of the agencies listed in his memo, such as the Department of Natural Resources and Conservation and the Forest Service, will be involved in the process because of their regulatory role or land ownerships. He then stated that some of the groups not represented on the list of nominees include business interests, realtors and local engineers. (8) Discussion re policy for addressing violations in bars - Fire Department . Fire Marshal Chuck Winn stated that, historically, the Fire Department has been reactive in its enforcement of occupancy loads, and they are now attempting to become proactive. He stated that nearly a year ago, the Fire Department developed a program to encourage compliance with the occupancy loads in the bars. He stated the program is based on the 09-08-97 __.u_..__..___ .... - 6 - philosophy that compliance is gained in three ways: (1) through building relationships with people, (2) through education, and (3) through enforcement. The Fire Marshal stated that the program was begun with fire crews visiting each of the 32 bars, talking to the owner or manager and explaining the Department's goals under this program. He noted that the rules, the reasons for those rules and the impacts of failing to . comply were also discussed. He also noted that violations of safety codes, such as blocked exits and lack of panic bars on the doors, were also identified, and most of those violations have since been remedied. He stated that the square footage of each establishment was identified and the occupancy load established and posted. The Fire Marshal stated that in the approximately eight months that this program has been in place, he has been impressed with the cooperation gained from all but 3 of the 32 bars with which they have been working. He noted that, at this time, it appears the enforcement step is needed to gain compliance from those establishments. He forwarded a proposal that for the "habitual offender", the business license be suspended for a certain period of time. He stated another option which remains available is submitting a letter to the State Liquor Division . requesting their assistance in gaining compliance. The Fire Marshal noted that, in each of the three bars which have not come into compliance with the program, the occupancy load is often at least double the posted limit. He noted that in one bar check, firefighters quit counting at 700 when dumping patrons out of a bar with an occupancy load of just under 300. He stated that, from a public safety standpoint, that type of load is not acceptable and must be add ressed. The Fire Marshal stated that his department has taken every step possible to gain compliance and must now seek help from outside the department to gain compliance from the three who remain out of compliance. He then stressed the cooperation he has received from the other 29 bars, noting they have been very willing to meet the department's requests. Responding to Mayor Stueck, Fire Marshal Winn stated that the three bars remaining . out of compliance have been notified by certified letter. He noted that one of the bar owners responded with a letter while another responded with a telephone call. Responding to Commissioner Rudberg, the Fire Marshal stated that the police officers and firefighters have worked together to empty an overcrowded bar and count back in the allowable number of patrons. He noted, however, that this type of action makes the officers 09-08-97 - 7 - nervous because of the situations that can result from dumping those who have been drinking out of a bar, recognizing that not everyone will be able to return. He also recognized that Homecoming and the Cat/Griz game are typically high traffic times in the bars, and it is important to ensure the safety of those in the bars. Commissioner Rudberg asked about similar programs in other cities in Montana. She . suggested that a review of those programs might provide some guidance in how Bozeman's program should be structured and how long a license suspension should be. Fire Marshal Winn stated he has not researched the enforcement programs in other communities, but will do so. Staff Attorney Tim Cooper stated that when he became involved in this process, the Fire Department had already established the occupancy loads and worked with the various businesses to gain voluntary compliance. He noted that a review of the City's code book revealed that it already has a criminal penalty for any violation of the Uniform Fire Code and that either police officers or fire officers may issue those citations. He stated it is preferable to have the police officers issue the citations and proceed through the prosecution process in . City Court. He stated that after that process is completed, if compliance is not attained, then the next step would be suspension of the business license by the City Commission. He distributed to the Commission a copy of Sections 5.04.170 and 5.04.180, Bozeman Municipal Code, which provide for that suspension. He stated that under these sections, the Administrative Services Director makes the determination to suspend the business license, and the licensee has the right to appeal that decision to the City Commission. He noted that under this process, a repeat offender could receive a longer suspension or even a revocation of the business license. Mayor Stueck stated he has talked to a couple of bar owners who are in favor of the occupancy load limit. He noted that when the occupancy load is exceeded, it becomes extremely difficult to serve the customers and the potential for fights increases. Those bar . owners have indicated that the increased revenues they may realize from a large crowd are not worth the problems and potential risk incurred. Commissioner Rudberg noted that under the current State statutes, 18-year-olds may play the gambling machines even though they cannot drink and asked if a bar owner could prohibit those under 21 from entering the establishment. 09-08-97 - - 8 - Responding to Mayor Stueck, City Attorney Luwe stated he must research whether the Commission may adopt an ordinance precluding people under 21 from entering a bar. He cautioned that if such an ordinance could be construed as regulating a liquor license or gambling machines, the Commission would be unable to do so. He then indicated that if the City is granted express authority, implied authority or inherent authority to regulate the . business, then adoption of the ordinance may be possible. Mayor Stueck stated some of the bar owners have expressed concern about 18 to 20- year-olds playing the gambling machines and then getting drinks through those who are old enough to purchase them. Mr. Doug Sandiland, owner of The Crystal Bar, stated that, according to a letter distributed to bar owners by the State, they may not discriminate because of age. He noted that, because of the State statutes, he may not preclude 15-year-olds from entering his bar to play pool or 18-year-olds from playing the gambling machines. He characterized this as a big loophole in the State statutes, stressing that many bar owners do not like the position it puts them in. . Commissioner Frost stated he feels it is imperative to address the safety issues, not only for police and fire personnel but for the public as well. He noted that when people go out for the evening, they should be assured a safe environment. Responding to Mayor Stueck, Fire Marshal Winn stated that several of the bars have bouncers, and many of them have a clicker system to count the number of patrons and ensure that the occupancy load is not exceeded. He also noted that in some of the establishments, they have developed a communication system between the bouncers at the front and the bouncers at the rear to ensure that changes in the occupancy load are quickly identified. The Commissioners recognized the need to ensure that the next step in the process generates compliance by those establishments not voluntarily complying. They then requested that additional information on similar programs in other communities be forwarded for their . consideration. (C) Discussion re draft dog ordinance Mayor Stueck stated that he has received another telephone call regarding the dogs barking on North Bozeman Avenue. He noted that the complainant was awakened at 3:00 a.m. 09-08-97 - ------ - --- ----- -..---------- .9- As a result of his call to the Police Department, an officer drove by the site and shone his light into the yard but did not stop at the owner's house. Animal Control Officer Lien stated that no report has been forwarded to her regarding the incident. Staff Attorney Cooper stated that the last time the Commission conducted its public . meeting on this ordinance, several people submitted a significant amount of input, and little input has been gathered since then. He noted that the memo he received from Commissioner Frost, dated August 17, has been forwarded in the packet for Commission consideration. He then indicated a willingness to respond to any questions from the Commission. Assistant City Manager Brey reminded the Commission that this work session was scheduled in preparation for next week's public hearing on the proposed ordinance. Responding to Commissioner Youngman, the Staff Attorney requested that the Commission provide guidance on whether a couple of items should be changed prior to next week's public hearing. He noted that one of those items is whether a penalty section should be included in the ordinance, to provide minimum fines for specific infractions. He also asked . if the Commission wishes to make those minimums absolute, or give the City Judge the latitude to suspend or defer a portion or all of the fine. Responding to questions from Mayor Stueck, the Staff Attorney stated that the City Judge establishes a bond schedule, which is based on the typical fines assessed for various violations. He noted that under the current schedule, the bond for an animal at large is $25 for first offense. He then stated that the City Judge typically has the latitude to adjust the fine depending on the circumstances, taking into account extenuating circumstances as well as aggravating circumstances. He noted that under the general penalty section of the Bozeman Municipal Code, the maximum fine for any offense is $500 and/or six months in jail, but few minimum fines have been established in the code. Mayor Stueck stated he feels the Commission should establish minimum fines for some . of the violations, such as dog at large. Commissioner Frost stated his concurrence. He asked, however, that the fine schedule also include a sliding scale for subsequent violations. Commissioner Youngman noted her support for a progressive fine schedule, noting that one-time offenders are not as much a problem as repeat offenders in some instances. She also 09-08-97 -. --- ----... - .____..______.. n__.. - 10 - forwarded a suggestion for alternative penalties where they might work better than monetary fines. She forwarded, as an example, the possibility of requiring someone cited for not cleaning up after a dog to clean up a park or do volunteer work at the Humane Society. She suggested that this exposure and attendant education could have more impact on people than a fine. Responding to Commissioner Rudberg, Staff Attorney Cooper stated that community . service is an option currently available to the Court, depending on the availability of that service at any time. He noted that, at the present time, community service is typically available through the Salvation Army or the Fairgrounds. He then cautioned that Commissioner Youngman's suggestion would require careful coordination with the Humane Society and someone to monitor the community service. Mayor Stueck stated that, in his driving around the community, he now sees fewer dogs at large than he saw in the past, which suggests that the increased publicity about City regulations may be making a difference. He then forwarded his support for including minimum fines in the ordinance. He also noted there is no reason a neighborhood should be awakened in the middle of the night because of a barking dog. . Assistant City Manager Brey indicated that if the Commission wishes to consider a penalty section for violations to this chapter, staff can prepare a draft upon which testimony can be gathered during the public hearing. He then stressed that, while fees may be set by resolution, fines for violations to the provisions of the ordinance must be established by ordinance. Commissioner Frost stated he feels that the posting of small, attractive, friendly signs will result in a significant reduction in violations of various sections of the ordinance. He noted that enforcement of the ordinance is also needed, but that need could be dramatically decreased through public education and self-enforcement. Commissioner Youngman stated that, with its signs and pooper scoopers readily available, Cooper Park is the cleanest park in the community. She suggested that adding these . features to other parks could result in cleaner parks in a short period of time. Animal Control Officer Lien noted that the Bozeman Ponds area desperately needs signs notifying people that dogs are to be on leashes and that cleaning up after them is required. The Commissioners concurred that establishing minimum fines for violations to specific provisions of the ordinance would be appropriate. 09-08-97 -- ..--- .-- - _______n___..__,___ .___.~____n.._'.'_ '.,.'_._ ~ 11 - Mayor Stueck asked for input on the minimum fines to be established for the various violations. Staff Attorney Tim Cooper stated that the current bonds for dog offenses are as follows: Dog at large $25 . Nuisance dog $65 No license $20 No rabies vaccination $25 Cruelty to animals $75 The Staff Attorney reminded the Commission that, unless the Commission adds restrictive language in its penalty section, the City Judge will still have the option of deferring or suspending a portion or all of the fine. Responding to Commissioner Rudberg, Animal Control Officer Connie Lien stated that rabies vaccinations must be administered by a veterinarian, therefore, the Humane Society cannot do those vaccinations and the City cannot require that all animals have their rabies vaccinations and licenses before being released. As a result of discussion, the Commissioners agreed that many of the minimum fines . need to be increased. They concurred that the minimum fine for dog at large should start at $50.00, increasing to $100.00 for the second offense and possibly $200.00 for the third offense. They also indicated support for a similar fine schedule for failure to clean up after dogs, both on public and private property. Commissioner Frost reviewed his memo dated August 17, in which he forwarded several proposed changes. Following discussion, he noted that, while he prefers to provide for voice control in lieu of a leash, he recognizes that he is in the minority. Commissioner Frost then suggested that Section 6.04.040 be revised to require that written information on the City dog ordinance be furnished with each license issued. Animal Control Officer Lien stated that Neighborhood Coordinator/Grantsperson James Goehrung has prepared an information sheet, and updating and distribution of that sheet may . address this proposal. Staff Attorney Cooper noted that the Chief of the MSU Security has indicated a willingness to distribute information sheets with the parking stickers which they issue. Fallowing discussion, the Commissioners decided that, while distribution of the 09-08~97 --- - - _. n_ _ _ ___ ________ ___ - 12 - information sheet is important, it is an administrative issue and not appropriately included in the ordinance. Responding to questions from Commissioner Rudberg, Animal Control Officer Lien suggested that the City may incur as much or more liability from a lack of animal control officers than from providing an area for unleashed dogs. . Commissioner Frost expressed concern about the inconsistencies in Section 6.04.090, noting that in one place, quarantine is discretionary while in another place, destroying of the animal is mandatory. The Commissioners concurred that both sections should be discretionary. Commissioner Frost suggested that the monies collected under unclaimed deposits be earmarked for the spay/neuter program at the Humane Society. He noted that these deposits would be new under this ordinance, therefore, the monies involved would not be lost revenues to the City and would be used for a very beneficial program. Commissioner Rudberg suggested this is an issue that might be more appropriately addressed in the City's contract with the Humane Society. Responding to Commissioner Frost, the Staff Attorney noted that information on the . various levels of dangerous animals could be submitted to the City Judge, so she has the information readily available when dealing with that type of animal. He further suggested that if the Commission wishes to establish different levels of dangerous animals, it do so through a separate ordinance rather than expanding this ordinance since it will be at least four to five pages long. The Commissioners agreed that a proposed minimum fine structure should be prepared, in writing, for consideration during next week's public hearing, in conjunction with the draft ordinance. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your . Information" items. (1 ) Letter from Tracey McCloud, Manhattan, dated August 29, 1997, concerning the problem of geese attacking children at the East Gallatin Recreation Area. (2) Letter from Marc Gaines, 515 West Olive Street, expressing concern about the 09-08-97 -- -----.--- --.--..- ----.-- - 13 - community development opinion survey being conducted on behalf of the City, attached to which was a copy of the survey. Commissioner Rudberg stated that she called this gentleman and responded to his letter. (3) Letter from Betsy Fordyce, 207 North Sweet Grass Avenue, dated September . 3, encouraging the Commission to allow dogs to run free on Peets' Hill. (4) Status report on the Transportation Projects as of August 1997, as prepared by City Engineer Brawner. (5 ) Notice of the third set of a series of meetings on the downtown urban renewal project for the Downtown Bozeman Association and the Downtown Improvement District Board, announcing that the meetings are to be held at 7:30 a.m. on September 8, 9 and 10, 1997 and 7:00 p.m. on September 9,1997. (6) Notice of meeting of the Headwaters Cooperative Recycling Project, to be held at 10:00 a.m. on September 10, 1997 in the Jefferson County Courthouse. (7) Agenda for the Development Review Committee meeting, to be held at 10:00 . a.m. on September 9, 1997 in the Commission Room. (8) Agenda for the Design Review Board meeting, to be held at 3:30 p.m. on September 9, 1997 in the Commission Room. (9) Agenda for the Board of Adjustment meeting, to be held at 1 :30 p.m. on September 11, 1997 in the Commission Room. (10) Agenda for the County Commission meeting, to be held at 1 :30 p.m. on Tuesday, September 9, at the Courthouse. (11 ) City Manager Johnson submitted his weekly report, as follows. (1) Played disc golf last week. (2) Approached people headed into the cemetery with a dog and asked if they realized that dogs were not allowed in the cemetery. Their response was that the sign at the entrance to the cemetery was not attractive and that they were simply headed through to the . trail using this entrance to the trail because the trail along the hillside was too difficult to use. (3) Attended the Burton K. Wheeler conference on the future of gambling in Montana. (4) Attended the kick-off for the Parade of Homes on Friday night. (5) Stated that staff spent several hours on Thursday trying to develop a format for future annexation agreements, using the Valley West Annexation as the basis for the agreement. (6) Noted that Gail Schontzler will 09-08-97 ~ - 14 - no longer be covering the City for the Bozeman Daily Chronicle, but will be covering MSU and the School District instead. (11 ) Commissioner Rudberg submitted the following. (1) Stated that she received a letter from a volunteer group involved in dispute resolution, offering to assist the City in dealing with landowners in lieu of developing a good neighbor ordinance. She then forwarded . the letter to City Manager Johnson. (2) Attended the Burton K. Wheeler conference on the future of gambling in Montana. (3) Asked if anyone plans to attend this week's meetings with MAKERS regarding the urban renewal plan; Commissioner Frost stated he plans to attend. (12) Mayor Stueck submitted the following. (1) Stated he has asked the Clerk of the Commission to forward a copy of the information from the Director of Public Service regarding the South Third Avenue project to Mr. Neuman in response to his recent petition. (2) Stated he has asked that staff respond to a letter he received regarding the speed limit on Kagy Boulevard and the South Third Avenue pedestrian pathways. (3) Stated that he has talked to the City Manager about having staff research the questions forwarded in the letters of resignation from the Cemetery Board prior to making new appointments to that board. . (4) Noted that Associate Planner Dean Patterson has accepted new employment in Washington and will be leaving at the end of the month. (13) Mr. Jim Caird, member of the Cemetery Board, stated that last week, he was interviewed by Gail Schontzler, reporter for the Bozeman Daily Chronicle, about the resignation of three of the members. He expressed concern that the Mayor's response to those resignations, as quoted in the newspaper, is just the opposite of the comments he had made during a meeting just a couple of weeks before, when he was talking about disbanding the board. Mr. Caird stated he was originally appointed to serve on the Cemetery Board as the veterans' representative. He reminded the Commissioners that he presented a plaque to Tim Murphy, Cemetery Foreman, in recognition of his efforts, and the efforts of many other City . staff members, in bringing the Moving Wall to Bozeman. Mr. Caird noted that he recently submitted a letter to the Commissioners asking for Mr. Henderson's removal, and he forwarded a copy of that letter to Mr. Henderson's residence. Mr. Caird asked that the Commission take an honest look at the cemetery operation and that the Commissioners be open and honest about their positions. He also encouraged the 09-08-97 ----.........".... ,,- .",,"... .-- -- ------.-.---.--.. - .-. .--..-. -- -----..-. - 15 - Commissioners to retain a veterans' representative on the board, noting they are the only group to make sure the flags are put out for Memorial Day and Veterans' Day. He further encouraged the Commission to make sure that the new board members are straight forward and honest in their service on the board. Mr. Caird concluded by inviting Mayor Stueck to address the American Legion about . the cemetery at its meeting on October 7. Adjournment - 5:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. C O~t!/5~ DON E. STUECK, Mayor . ATTEST: ()~ /~~ ROBIN L. SULLIVAN Clerk of the Commission . 09~O8-97