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HomeMy WebLinkAbout1992-01-13 ccm .. I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 13, 1992 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, .MuniciPal Building, January 13, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe 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 consent items be removed for discussion. Minutes - Januarv 6. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the special meeting of January 6, 1992, be approved as submitted; and the regular meeting of January 6, 1992, be approved as amended. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Introduction of Plannina staff bv Planning Director EDDie City Manager Wysocki introduced Andy Epple, City Planning Director, who in turn introduced his Planning staff to the Commission, as follows: Debbie Arkell. Associate Planner (Planner ilL has worked in Planning offices around Gallatin County since 1978. He noted that she began her employment with the City as the Administrative Assistant, and was promoted to Assistant Planner in 1988 and Planner II in 1991. She is a specialist in economic development and housing and administering the City's COBG grant programs and revolving loan funds. . Rov Beall. Code Compliance Officer, was Code Compliance Officer in California before joining the Bozeman staff in July 1991. He is currently working on specific code compliance cases, as well as coordinating with the City Attorney and police department to improve compliance procedures. He is also developing an amortization strategy for the new Bozeman sign code. Andv Epple. Planning Director, has held this position since 1987. In 1989, he was admitted to the American Institute of Certified Planners (AICP). His specialization areas are 01-13-92 ------ . . - 2 - environmental planning, economic development planning and subdivision and zoning administration. The Director is currently working on final revisions to the Zoning Ordinance, administering the Transportation Plan Update, and reorganizing strategies to improve the delivery of permit procedures for development proposals. . David Grigsbv. Assistant Planner (Planner n. newest team member, joined the staff in December 1991. He has just received his architectural degree from MSU, after attaining 15 years experience in general contracting in Billings. His background is in historic preservation and urban design; and he possesses excellent graphic skills. He is currently using those skills to illustrate the Zoning Ordinance, and is providing practical advice on design matters and permitting procedures. David Skelton (Senior Planner), has worked in the City-County Planning Office since 1984. He has an architecture degree from MSU, and served as draftsman in the City's Engineering Office before becoming a member of the Planning staff. He has extensive experience in developmental guidelines and typically handles the most complex projects in the Planning office, i.e., J.C. Billion PUD, Walker PUD and Duffy heliport; and he assists in training and supervision of new staff. Kevin Wall. Associate Planner {Planner II}, has been with the Planning staff since . November 1990. He has a degree in architecture and urban design; and his strengths are in the '-~ areas of historic preservation and urban design. He is typically assigned Downtown area and Neighborhood Conservation District projects because of his expertise and experience. He is also currently responsible for the administration of the Design Objective Plan contract and is assisting the Parks, Open Space and Trails Committee in finalizing its plan. The Director noted that he is also a certified document technologist, with expertise in plan review and construction document interpretation. The Planning Director stated that in addition to the planners on staff, Donna Havens serves as Administrative Assistant; and she has a temporary part-time assistant, who is Terrv Snyder at the present time. Planning Director Epple stated he is very pleased to have a full staff at this time. He 'efurther noted that the expertise of that staff, particularly with three members being degreed in architecture, is substantially greater than is typically available in a Planning office. He suggested that this expertise at the staff level could serve to alleviate some of the DRB workload in the future. Mayor Swanson thanked the Planning Director for introducing his staff. 01-13-92 - ----..-.--., --..----.------- ----- --.- .--- ------------ - ------..-..-. -- -_._---_.__._-----'--'_.~-----_._------,- ---- . - 3 - Ordinance No. 1342 - amendina Sections 2.01.010. 2.01.020. 2.01.040 and 2.01.070 of the Bozeman MuniciDal Code. re code of ethics for City officials and emDlovees City Manager Wysocki presented Ordinance No. 1342, as prepared by the City Attorney, entitled: ORDINANCE NO. 1342 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BEAMENDED BY REVISING SECTIONS 2.01.010, 2.01.020, 2.01.040, AND 2.01.070 OF SAID CODE, PROVIDING FOR REVISION TO DECLARATION OF POLICY, STANDARDS OF CONDUCT, CONFLICT OF INTEREST, DEFINITION OF AGENCY, AND DEFINING EMPLOYEE AND OFFICIAL SEPARATELY. Assistant to the City Manager Ron Brey carefully reviewed the proposed revisions to the City's code of ethics, noting that this is a very sensitive issue. He then noted that two corrections must be made to this ordinance prior to its adoption, as follows: 1) Page 1, Section 1, "2.01.010 Declaration of Policy": add Section 7-3-4367 to the list of Montana Codes Annotated already added at the bottom of Section 1 to read as follows: "Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in Sections 2-2-104. 2-2-105. 2-2-125. 2- 2-131. and 7-3-4367 of the Montana Codes Annotated." 2) Page 3, Section 4, "2.01.070 . Conflict of interest", Subsection B., Line 4: after the proposed addition of "unless full Dublic disclosure is made." insert "A contract in violation of this Section may be declared null and void at the option of the City Commission" with strike-outs. This sentence was inadvertently omitted in preparation of the ordinance. He then stated that staff is proposing the deletion of this sentence because it is included in the section of the Montana Code Annotated to which reference is made in the above correction. Assistant Brey stated that there are several boards which include specifications for certain areas of expertise. He noted that the current code includes a very broad provision which stipulates that a member of any board may not represent a client before any agency of the City, including another advisory board. He stated that, given the small size of Bozeman, this provision can create conflict, as evidenced by the letter of resignation included under consent items. He stated that .under the revisions proposed in this ordinance, a member of a board may represent a client before a totally separate board of the City. He further noted that this section of the code has been strengthened so that if a member's associate appears before the body upon which he serves, he must disqualify himself from participation in the process. The Assistant then reviewed each of the remaining revisions proposed in the ordinance, 01-13-92 ----.--------.- ---.----., ,,,....,.. . - 4 - along with the rationale for those changes. Commissioner Stiff raised a concern about the proposed revisions to Section 2.01.070.0., suggesting that they seem to create some problems for sole practioners who may also serve on a City board. He also noted that this provision seems to have the most impact on architects in the . community, which could ultimately impact the viability of the Design Review Board. Following a lengthy discussion on this issue, the Commissioners agreed they had no problems with the draft revision with any profession other than the architect profession and want to ensure that this revision does not destroy the Design Review Board. Commissioner Stiff once again raised the impact this provision would have on sole practitioners, particularly in light of the fact that a partner may carry forward a project even though a City board member may have assisted in its preparation. The City Manager reminded the Commission that a sole practitioner may not appear before any City board under the current policy; therefore, these revisions would leave him in no worse position. City Attorney Luwe responded to several procedural questions from Commissioner Vincent .regarding adoption of an ordinance and how substantive revisions might be between provisional and final adoptions of the document. Commissioner Vincent then noted his concern about the proposed revisions to Section 2.01.070.0., suggesting that those issues should be addressed prior to provisional adoption of the ordinance. Responding to Commissioner Vincent, the Mayor stated that conflicts of interest have been dealt with at the Commission level a few times since 1987, when the code of ethics was originally adopted. He noted it is important that a Commissioner identify his/her conflict early in the discussion so everyone is aware of it. The Commission requested that staff consult with local architects for professional advice as to the revised language and report back to the Commission in two weeks, prior to final adoption eOf this ordinance. The City Manager recommended that the ordinance be provisionally adopted at this time and that it be brought back in two weeks for final adoption, following a staff report as requested by the Commission above. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the 01-13-92 ..----..---.---.-- - 5 - Commission provisionally adopt Ordinance No. 1342, as amended per Assistant Brey's request, amending specified sections of the City's code of ethics, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson, those voting No being .commissioner Stiff and Commissioner Vincent. Discussion - recommendations from the Tax Increment Financing Industrial District (TIFID) Board re administration of program City Manager Wysocki submitted to the Commission a memo from Assistant to the City Manager Brey, dated January 9, 1992, along with a copy of the draft minutes for the January 6 meeting of the TIFID Board. Assistant to the City Manager Brey noted that the Tax Increment Financing Industrial District (TIFID) Board held its organizational meeting on December 18, 1991, and the first formal meeting on January 6, 1992. He stated that the City is undertaking a new program in the State; therefore, the TIFID Board must rely on statutory guidelines only at this time. He then noted that . at the January 6 meeting, it became apparent that this program will entail a certain amount of -__ personnel time to carry out the duties and activities involved, such as dissemination of information and providing assistance to firms exploring incentive packages available. He noted that upon further review, the TIFID Board recognized that the Gallatin Development Corporation already does many of these activities, outside the TIFID format; and it would be easy for them to accommodate these activities as well. He stated that, based on this recognition, the Tax Increment Financing Industrial District (TIFID) Board has forwarded the following recommendations for Commission consideration: 1 ) That the City enter into a contractual relationship with the Gallatin Development Corporation for the administration of the TIFID program; 2) That Dixie Swenson, executive director of GDC, resign from her position on the Board once the determination is made to establish the . administrative relationship with GDC; and 3) That her position be filled by, and a permanent position be created on the Board for the City of Bozeman Finance Director as a non-voting member. The Assistant to the City Manager briefly expanded on these recommendations, noting that City staff does not have adequate personnel to serve in this capacity. He stated that since the GDC is already involved in these activities, it seems natural that they should be responsible for administering this program, through a contractual arrangement with the City, as well. 01-13-92 - -------- -....-.----.- ---- ---------- ---- - 6 - The Assistant stated that if the City Commission does decide to allow the Gallatin Development Corporation to become responsible for administration of the TIFID program, Dixie Swenson, who is the Executive Director of GDC and a TIFID Board member, would be required to resign from her Board position. He stated that in her place, the TIFID Board is recommending that . the City's Director of Finance be appointed as a non-voting member, since information on valuations and taxation is often important to the Board's decision-making process. He noted that this would leave the current board with six voting members. He stated that issue was discussed at length; and the Board decided that if an issue were so controversial that it received a split vote, the Commission would be best served by that tie vote and an explanation of both positions. Mrs. Dixie Swenson stated that the Gallatin Development Corporation has recently contracted with the City to close out two Community Development Block Grant projects; and they have a current contract for administration of the new CDBG economic development grant for Lattice Materials, Inc. She noted that the relationship between the City and GDC seems to be comfortable; and she feels that administration of the TIFID program could work as well. Responding to Commissioner Frost, the Assistant stated that Dixie Swenson would serve <. as staff person to the TIFID Board; therefore, communication between the GDC and the TIFID Board would remain strong. Responding to Commissioner Knapp, the Assistant suggested that staff, in conjunction with the City Attorney, should prepare the original draft of a contract for administration of the program, with that draft then being forwarded to the TIFID Board for consideration. He assured the Commission that they would receive copies of all of the drafts as they are considered. Mrs. Dixie Swenson stated a preference for a one-year contract, noting it can be renewed if the arrangement is satisfactory to all parties involved. Responding to Commissioner Frost, the Assistant to the City Manager stated there are presently two or three members of the TIFID Board that have economic development backgrounds; therefore, that area of expertise will remain addressed even after Dixie Swenson resigns, if the .commission concurs in the Board's recommendations. Responding to Mayor Swanson, Assistant Brey stated that Mike Money has submitted his letter of resignation from the board due to his inability to comply with the City's existing code of ethics. He noted that in his letter of resignation, Mr. Money has requested that he be reinstated after the City has revised its code of ethics, if those revisions allow him to maintain his current 01-13-92 -- ----~_.---- -..- ..----.--.------.--.---- ---- .----.-.-...-.---.-. - 7 - employment as well as serve on the TIFID Board. The Assistant then indicated that under the ordinance, as provisionally adopted in the above agenda item, that would be accommodated. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the recommendations of the Tax Increment Financing Industrial District Board .regarding the administration of the TIFID program, as follows: 1) That the City enter into a contractual relationship with the Gallatin Development Corporation for the administration of the TIFID program; 2) That Dixie Swenson, executive director of GDC, resign from her position on the Board once the determination is made to establish the administrative relationship with GDC; and 3) That her position be filled by, and a permanent position be created on the Board for the City of Bozeman Finance Director as a non-voting member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . Discussion - selection of two discussion items for work session to be conducted at Januarv 21 meeting City Manager Wysocki submitted to the Commission a memo dated January 10, 1992, listing four topics for consideration as possible discussion items at the January 21 work session, and asked the Commission to decide on two topics for discussion. Commissioner Knapp stated she feels that discussion on the City's annexation policy should be conducted in a regular session. She noted that as long as any discussion during a work session is limited to staff providing the history of the policy and explanation of the policy, it is an acceptable item for this work session. Following a brief discussion, the Commission decided to discuss all four topics, in the following order: the annexation policy - 60 minutes; procedures for responding to telephone calls and letters - 20 minutes; report from Commissioner Knapp on her attendance at the NLC Congress .Of Cities - 20 minutes; miscellaneous orientation items for new Commissioners - 20 minutes. ADDointment of sub-committee to review Pledaed Securities as of December 31. 1991 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statutes. 01-13-92 - ..-..... .-. ---.-..-."...-. --------- . -~ - --- -.--" .--- ----~_._-_.." ..~._._------_...~_..__.~--_...__.._- '. " - 8 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint Commissioner Frost and Commissioner Stiff to review Pledged Securities as of December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and eMayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Notice of a meeting scheduled for 7:00 p.m. tomorrow evening at the Willson School Auditorium regarding the Holnam, Inc., proposal for burning of hazardous wastes at their cement plant at Trident. The City Manager then distributed additional information regarding this application to the Commission. (2) Agenda for the County Commission meeting to be held at 1 :30 p.m. on January .14, 1992, along with minutes for their meetings of December 17, December 24 and January 7 and daily minutes for the week of December 30, 1991. (3) Agenda for the DRC meeting to be held at 10:00 a.m. on Tuesday, January 14. (4) Agenda for the DRB meeting to be held at 4:00 p.m. on Tuesday, January 14. (5 ) Copy of a letter to Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, from Director of Public Service Forbes, dated January 10, regarding a new visitor center at the North 19th Avenue interchange. (6) The City Manager submitted his weekly report, as follows. (1) Noted that today the City received a letter from the Department of Natural Resources and Conservation regarding expansion of Hyalite Dam. He noted the Forest Service has reduced the lease amount to 38 percent of the normal fee charged, which would be approximately $8,800; and the City is .responsible for approximately 30 percent of the total fee. (2) Noted two misdemeanor citations for possession of drugs were issued this past week by the drug task force. (3) Noted that at Interagency Breakfast on Wednesday, the special legislative session and the annual Chamber of Commerce dinner were discussed. (4) Noted that a conversation with Alec Hansen, Executive Director of the Montana League of Cities and Towns, revealed that HB703, sponsored by 01-13-92 ---..-....--.. ___..._._._._n_. - 9 - Representative Harper, will be voted on during this special session. He noted that if approved, the funding of infrastructure improvements will be placed on the June ballot. He then noted that Governor Stephens is also seeking signatures to support placing his Big Sky Dividend on the November ballot. (5) Announced that he met with four different developers during the past week .regarding different projects. (6) Announced that he has agreed to store brochures for the Chamber of Commerce at the Haynes Building on an interim basis because of the quantity they received in one shipment. (7) Announced that the Director of Finance is working on the mid-year budget review, which should be before the Commission for consideration in early February. (8) Noted the Library display in the gazebo at First Bank. (9) Announced that the Police Department has received preliminary indication that they will receive a $5,000 grant from the State for traffic enforcement. (10) Reminded the Commission that under the DARE program funding, the City's share was $11,344; however, because of fund raising efforts that amount has now been reduced to under $4,300. (11) Noted that the City has applied for grant monies through the State Court System for purchase of computers and software programs for lower court use. The grant money received will amount to approximately $9,500 and the computers and equipment total cost will be $16,000; "_ therefore the City will have to make up the difference in monies. He stated that City Court staff will be receiving the equipment and training within the next few weeks. (7) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday. (2) Noted the trends reflected in the Building Inspection Division report which was included in the packets. He noted the long-range view which the information for the period 1971 to 1991 provides is extremely helpful. (8) Commissioner Stiff congratulated the City Manager on his recent selection to the Board for the Rotary Club last week. (9) Commissioner Vincent submitted the following. (1) Attended the Chamber's Governmental Affairs Committee meeting on Thursday morning. (2) Noted the high quality .improvements which are being made to homes along South Third Avenue near West Dickerson Street. (10) Commissioner Vincent noted the recent proclamation for Marketing Week, scheduled for February 9 to 15. He noted this is geared to MSU; however, the High School also has an active club. He then stated they recently conducted surveys and suggested they be asked to provide a summary of those results to the City Commission to provide a greater sense of 01-13-92 " " - 10 - purpose to those students. Mayor Swanson asked that Commissioner Vincent make the appropriate arrangements and request an agenda item for this purpose. (11 ) Responding to Mayor Swanson, Commissioner Vincent indicated that a 3:45 p.m. start time for Commission meetings would be much more comfortable for him. . (12) Commissioner Knapp submitted the following. (11 Thanked Mayor Swanson for the "celebration of local government" last Monday. (2) Distributed to the Commissioners a sheet of statistics on how capping of the federal income tax deduction would impact residents of Montana. (3) Noted the publicity which the Library received in the "This Week" section of the newspaper dated December 27, 1991. (13) Mayor Swanson submitted the following. (1) Distributed to the Commission a sheet of information on the Sourdough Creek area, noting it is divided into three parts. He stated that GDC is applying for a grant of $20,000 to $30,000 from the Forest Service to gather information on the area. He then stated he has additional information for review, for anyone who is interested. (2) Thanked those responsible for making sure the Commission Room was cleaned, including the cork board, and painted. (3) Suggested that a display board be acquired for the west . wall of the Commission Room, and that different people be asked to develop a display on that board, possibly on a quarterly basis. (4) Announced he will attend a Health Board meeting on Tuesday and a GDC meeting on Wednesday. He also indicated he will make a presentation to the Downtown Bozeman Association on Wednesday evening about the performing arts center. (5) Reminded the Commissioners of the graduation ceremonies for the DARE program, which are scheduled for 7:00 p.m. on Thursday evening at the Willson School. (14) City Attorney Luwe submitted the following. ( 1) Stated the City has been notified by the State Department of Health and Environmental Sciences that it is considered a potentially liable person in the groundwater contamination near Buttreys. He stated that he has contacted MMIA and will be forwarding information to them. He noted that former City Attorney . Becker had contacted the other insurance carriers in June about this matter; and he will provide them with an update on the status of this item as well. (2) Announced the hiring of a new staff attorney, Susan Wordal. He stated she was raised in Great Falls and graduated from the University of Montana. She is presently working for the Columbia County District Attorney's office in Portage, Wisconsin, and is scheduled to begin work here no later than March 3. ( 15) Clerk of the Commission Sullivan announced that she will be attending the Region 01-13-92 -.. - ,. - ....--.. .. -_._---_._-----~-----_._- ----------- - ----------- . . - 11 - VIII meeting for the International Institute of Municipal Clerks in Sparks, Nevada, on January 30 and 31. She noted that the 1993 Conference will be held at Grouse Mountain Lodge, at Whitefish, Montana. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receiDt of letter of resignation from the TIFID Board as submitted bv Mike Money Building Inspection Division reDort for December 1991 It was moved by Commissioner Frost, seconded by Commissioner Stiff,. that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Break - 5:28 to 5:33 D.m. . Mayor Swanson declared a break from 5:28 p.m. to 5:33 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Executive session ra Darsonnel Mayor Swanson stated this is the time set for evaluation of the City Manager. He then stated that, pursuant to Section 2-3-203(3), Montana Code Annotated, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He further noted that the individual involved has not waived his right to privacy. Mr. AI Knauber, reporter for the Bozeman Dailv Chronicle, stated his objection to closure of the meeting, noting that the citizens are better served by complete and open discussion of all matters. . At 5:35 p.m., Mayor Swanson called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager Wysocki and the Clerk leave the room. At 6:32 p.m., Mayor Swanson closed the executive session and reconvened the open meeting. 01-13-92 ~ " I' ~ . " - 12 - Adjournment - 6:32 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, .commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those . voting No, none. ATTEST: ~ d~ ROBIN L SULLIVAN Clerk of the Commission . . 01-13-92 -.-..-..--.....