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HomeMy WebLinkAboutMinutes re; ethics from 1986 to 2011 49,() order. She suggested that the Commission consider adopting modifications which are small enough to be adopted without any additional public hearings yet large enough to protect the people involved, including the private property as well as the linear park. Commissioner Stiff noted that the staff has discussed some of the Commission's concerns and asked that they submit any comments prior to further Commission discussion. Senior Planner Marcia Elkins stated the staff has discussed the concerns expressed during the public hearing and has prepared four different drawings for Commission con- sideration. She then presented those drawings to the Commission as follows. (1) This drawing shows a typical lot along South Willson Avenue, measuring 90 feet by 150 feet. She noted that the drawing also shows the area which would be affected by the proposed Zone Code Amendment, which would establish a linear park setback extending 321 feet from the centerline of the park. (2) The second drawing shows the existing setbacks in most of the residential zones, typically being 25 feet in the front yard, 8 feet in each side yard, and 20 feet in the rear yard. She then noted that the land purchased from the Milwaukee Railroad by the individual property owners is considered a separate tract, with a public right-of-way running along one side; therefore, that 171-foot strip Is considered the front yard for that tract, allowing for no construction. The Senior Planner stated that the proposed Zone Code Amendment does not adequately address the problems created by this situation, noting those problems were not �? discovered until a meeting earlier today. City Manager Wysocki noted that the lot line between the two parcels can be erased through the subdivision amendment procedure; however, the property owners must initiate the action, not the City. He then indicated that process would eliminate the double setback \k i requirements which exist under the current situation. (3) The third drawing is a new proposal, showing a setback 25 feet from the centerline of the linear park. She noted this proposal would establish a clean boundary along each side of the park, whether the property has been purchased by the individual or not. �Q J (4) The fourth drawing is also a new proposal, showing a 20-foot setback from the �S property line, which is the same as the existing rear yard setback in most of the residential zones abutting the linear park. She noted this proposal would not provide a clean boundary. Commissioner Jordan stated he feels the entire process of acquiring the railroad right-of-way has been flawed, with many surprises occurring along the way. He then indicated the steps to be followed should have been spelled out early in the process. City Manager Wysocki reminded the Commission that the process of acquiring the railroad right-of-way has spanned several years. He then indicated it is not possible to go back to the beginning and sort everything out; but the City must go forward from this point, determining what must be done to reasonably protect the users of the park as well as the adjacent property owners. Commissioner Stiff noted that dealing with a bankrupt railroad has taken longer than anticipated when the process started; and that is not the City's fault. City Manager Wysocki then recommended that the Commission withdraw the proposed Zone Code Amendment and direct the staff to take the issue back to the Zoning Commission with a list of those elements which it wishes reviewed prior to coming back with a recommended revision. Mayor Mathre expressed an interest in having no height restrictions on shrubbery. She also suggested that the setbacks be modified to 25 feet from the centerline of the linear park, rather than from the edge of the easement. Commissioner Stiff noted that a hedge less than four feet high often doesn't meet the intent of the property owner. He also stated support for a setback 25 feet from the centerline, which will keep the setback requirements within the 50-foot-wide strip of railroad right-of-way which has been involved from the outset. Commissioner Martel questioned the necessity of a Zone Code Amendment. He noted that the zone code has listed specific rear yard setbacks In the residential zones which the linear park traverses; and he feels those setbacks will provide adequate openness for the park. The Commissioner also noted that the property owners will have the right to take any variance requests to the Board of Adjustment under the existing code. Commissioner Vant Hull noted that the current emergency zoning does not allow for any 11-24-86 497 development within fifty feet of the linear park except through the Conditional Use Permit process; and she feels that a permanent zoning should be adopted as soon as possible so that those wishing to construct improvements in their rear yards may do so. The Commissioner then stated she is not concerned about what setback is established because the Board of Adjustment Is available to those who wish to construct specific items within that setback. Planning Director Lere asked if the Commission wishes a four-foot height limitation on fences only; and the Commission concurred that it does. Commissioner Jordan noted that the Commissioners received an advisory opinion on conflict of interest in the packet, and asked if Commissioner Martel should vote on this issue. City Attorney Becker briefly reviewed the written opinion, noting that the legislature has adopted a code of ethics. lie then noted the only case addressing this issue was from Galla- tin County, with the Supreme Court rendering its decision that, as a general rule, a Councilman should not participate in an issue if he has a direct or indirect interest in that issue. The City Attorney then noted that the City of Billings has adopted its own code of ethics. He noted that under that code, Commissioner Martel would not be able to participate on this issue, since not only must he abstain from voting, but from entering into any discussion as well. City Attorney Becker then stated that there is definitely a possibility of conflict of interest in this issue; and if Commissioner Martel were to participate in the vote, it would be an area of attack should this issue enter a courtroom. City Manager Wysocki asked if perceived impropriety should be a consideration. The City Attorney noted that, as an attorney, he must avoid any appearance of impropriety; but that issue is not addressed in the public officials' code of ethics. He then addressed the fiduciary responsibilities of public officials to their constituents, noting that becomes a consideration whenever anyone is in a position of trust, Commissioner Jordan stated the Commissioners should be careful not to flaw the process; and he feels they should have an agreement concerning conflict of interest among themselves. Commissioner Martel stated he feels the City Attorney has done a good job in preparing this Information for Commission consideration. He then indicated he feels this item is different from the case cited because that involved a special improvement district while this issue is a Zone Code Amendment. He stated he also does not have a pecuniary Interest in this matter. The Commissioner then stated that he feels the individual Commissioner must make a determination of whether he wants to take the risk and whether he is comfortable in taking action on a specific item. Commissioner Stiff noted that a Commissioner must consider not only his risk, but whether it becomes a risk for the entire Commission. it was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion refer the Zone Code Amendment back to the Zoning Commission for further review and possible revision, taking into consideration the following: (1) no height restriction on shrubbery; (2) retention of the four-foot height limitation on fences; (3) that the setback be 20 feet, measured 7} feet from the centerline, rather than the proposed 25 feet; (4) review of the process for removing the property line which currently exists between the original lot and the 171-foot strip purchased from the railroad; (5) language reflecting that this Zone Code Amendment applies to all linear parks, not one specified linear park within the community; and (6) that accessory structures be allowed in the back yard, up to ten feet from the property line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Martel. Mr. Ron Newville presented to the Commission a petition containing 61 signatures, stating opposition to the adding of Section 18.50.225, Linear Park Setback, to the Zone Code. Mr. Newville noted that the cover letter indicates that these 61 signatures represent 70 percent of the adjacent property owners along the Milwaukee Railroad right-of-way. He then stated the cover letter further requests that written notification be made to each property owner prior to any action to change the zoning regulations along the linear park. Decision - Commission Resolution No. 2639 - intent to vacate the alley in Blocks 46 and 49 of the Northern Pacific Addition (north ana south of Fridley btreetj This was the time and place set for the decision on Commission Resolution No. 2639 entitled: 11-24-86 oo Commissioner Vant Hull asked if any of the concerns raised by the Commission have been expressed to the MEDB. City Manager Wysocki stated that the concerns raised during the public hearing have been transmitted in the minutes. However, none of the concerns raised since that time have been forwarded, noting those issues are not part of the public hearing and, therefore, are not part of the public record for that hearing. He noted the Commission would need to request that the MEDB refer the item back for reconsideration to get those concerns in the record, cautioning the Commission that such action could result in a possible liability risk. The Commissioners concurred that they do not wish to ask for reconsideration, but simply to register specific concerns and questions with the MEDB. The City Manager then submitted to the Commission his draft letter for their con- sideration. He noted that he had taken Mayor Mathre's draft and added a few sentences to reflect specific concerns that the Commission had raised during the past two meetings. The Commissioners then considered proposed revisions to the draft letter, as follows. Commissioner Vant Hull suggested that the last paragraph from her draft be included, since she feels that the immediate economic impacts on the community should be carefully considered. The Commission concurred that the last paragraph, except for the last sentence, should be included in the letter. City Manager Wysocki suggested that the final sentence in the draft be eliminated, since the Board has given preliminary approval to the application; and the Commission concurred. Commissioner Jordan indicated he would like to see the last paragraph of the first page made stronger. He also questioned how a project can be classified as economic development when jobs are switched rather than added, especially when employees with ten to fifteen years are terminated and new employees are hired at a lower level. Commissioner Stiff stated that former employees of the Holiday Inn have raised concerns that the mathematics submitted by the applicant are flawed. He also noted that the Commission has asked for specific numbers of past employees; but that information has not been provided. The Commissioner also expressed concern that they were told on the evening of the public hearing that they were expected to make a decision; and then were further encouraged to make the decision on the night of the public hearing. He then suggested that the letter encourage the MEDB to subpeona the records of the previous employer prior to making a final decision on this application. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to send the draft letter, with suggested revisions, to the Montana Fconomic Development Board concerning the Zenith Management Corporation's application for use of Industrial Development Revenue Bonds for the acquisition, remodeling and renovation of the Holiday Inn In Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the City of Billings code of ethics for public officials. Mayor Mathre requested that this item be placed on the agenda for discussion prior to the end of the year. (2) A letter from Landoe, Brown, Planalp, Kommers S Johnstone, attorneys, along with legal documents Indicating that the Valley Unit Corporation's case was dismissed in the bank- ruptcy court in Butte due to failure to submit the necessary documents. The City Manager stated that the City has filed a new motion for a show cause hearing, which puts the City back in the same position as in October. (3) A memo from Director of Finance Gamradt indicating that the City will borrow $200,000, which is the optimum amount, from the Montana Cash Anticipation Program, which will benefit the Water Fund as well as the Supply Fund. He noted these monies are to be repaid on June 15, 1987. 12-01-86 NU by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel and Commissioner Vant Hull. Mayor Mathre requested that a staff report on possible revision of the transportation license fee structure be placed on the agenda for consideration as soon as possible. Break - 3:55 to 4:00 p.m. Mayor Mathre declared a break from 3:55 p.m. to 4:00 p.m., In accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - code of ethics for public officials City Manager Wysocki stated the Commission had requested that this item be placed on the agenda for discussion. Mayor Mathre suggested that the Commission walk through the code of ethics that has been adopted by the City of Billings, which includes the code as well as provides for establish- ment of a board of ethics. She noted that a conversation with the Assistant City Manager in Billings revealed that the code of ethics was adopted approximately four years ago. She further noted that this code applies not only to the elected body, but to the employees and advisory bodies as well. The Mayor then stated that, although a board of ethics has been created, no one has ever been appointed to the board. The Commission carefully reviewed each section of the code of ethics with the City Attorney. City Manager Wysocki indicated an interest in reviewing the codes of ethics for some of the other communities in Montana, if any have been adopted. The Mayor requested that any additional Information be submitted to the Commission for review and consideration. Discussion - format for evaluation of City Manager City Manager Wysocki submitted to the Commission a copy of the form used during the last evaluation as well as a copy of the goals which the Commission had established for Fiscal Year 1986-87. Mayor Mathre asked if the Commission wishes to utilize this format again. Commissioner Martel suggested that use of a scale might simplify the process, rather than use of a narrative. He noted it would also provide a measurable evaluation, with a profile being established through the scores from the various Commissioners. Commissioner Stiff stated he feels the City Manager should be evaluated with the current form in place, noting that a change In format could be used in the future if it is established now. Commissioner Jordan noted that Great Falls uses basically the same type of format for evaluation, based on goals and objectives, but it is done in an oral manner in closed session. He then cautioned the Commissioners that they must realize that some of the goals may not have been completed due to budgetary constraints, which reflects back to the Commission and not to the City Manager. Commissioner Vant Hull stated a preference for the narrative type of evaluation rather than using a numeric scale, noting that the narrative provides the reason for a score. Mayor Mathre stated she does not feel that the form should be changed for this evaluation process. She then asked if the Commission would like an update from the City Manager on the status of the various goals prior to completing the evaluation; and they concurred they would. The City Manager indicated that he will place a report on the status of the various goals on the agenda as soon as possible. Claims City Manager Wysocki presented to the Commission a listing of the claims for the last two weeks. He then recommended that the Commission approve payment of the listed claims. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the claims as listed, and authorize and direct the Finance Director to issue payments therefor. The motion carried by the following Aye and No vote: those voting Aye being Commis- 12-29-86 14!+ Study Commission. 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. Continued discussion - feasibility of management audit for the City City Manager Wysocki noted that a copy of the letter from Clerk of the Commission Sullivan to the NLC as well as information from ICMA showing six different firms which conduct management audits and the name of a local firm providing such services have been included in the Commissioners' packets, Commissioner Stiff noted that he is the Commissioner who suggested the possibility of a management audit, after attending an NLC conference in San Antonio and listening to Mr. Bill Evans. He then indicated that he has reviewed the information he has available on management audits and productivity engagements. The Commissioner stated that for a productivity engage- ment to be successful, all the Commissioners as well as the City Manager must be committed to the project. He noted that the six key individuals seem to be deeply divided on the subject, which may create a self-fulfilling prophesy that the study would fall. Commissioner Stiff then recommended that the Commission forget the idea at this time. Commissioner Vant Hull submitted to the Commission a newspaper clipping indicating that the City of Spokane has completed management studies of police and fire services and is pleased with the results. She indicated that dropping the idea of a management audit at this time does not mean that it may not be suggested again In the future. Commissioner Martel indicated he will support dropping the idea at this time, with the understanding it may be brought up again. Mayor Mathre noted that Mr. Evans indicated that management audits are done for one of two reasons: (1) because a specific area or function needs to be addressed; or (2) overall review for efficiency, which will possibly result in Improvement of productivity. The Mayor further noted that Mr. Evans stated on his initial visit that he could probably submit recommendations that would save the City $500,000. Mayor Mathre then reminded the Commission that the City has lost $330,000 in Federal Revenue Sharing monies. She expressed skepticism that an additional $500,000 could be cut through increased productivity while not hurting the service levels being provided. She further noted that the police and fire areas are the ones usually targeted; and locally those departments are just rebuilding from decreases incurred in 1979. The Mayor encouraged the City Manager and the City Commission to seek possibilities for Increasing productivity. Discussion - Code of Ethics for the City City Manager Wysocki stated that City Attorney Becker had requested copies of codes of ethics from various communities in the state; and a copy of those responses has been included in the Commissioners' packets. City Attorney Becker noted that none of the codes appear to take into consideration what happens if somebody engages in a conflict of interest. He noted that one of the codes calls for voluntary resignation and questioned how that policy would be enforced. Mayor Mathre noted the Commission had previously reviewed the City of Billings' code of ethics. She reminded them that the code established a Board of Ethics, which had never been created. She then Indicated support for the City of Helena's code. Commissioner Vant Hull stated she likes the City of Helena's code also; however, she feels some of the ideas from the City of Billings' Code should be Incorporated into It. The Commis- sioner then noted that under the conflict of interest section of the City of Helena's policy, it addresses soliciting of personal gifts; and she feels that should be expanded to read accepting or soliciting. She then asked if the Commission should address membership on the board of directors for a nonprofit organization so that all Commissioners fall under the same guidelines rather than their own personal interpretations. Commissioner Martel noted that the code of ethics from the City of Billings as well as the one from the City of Helena simply amplify what is contained in the State Statute. He then 04-13-87 14 questioned the necessity of having the City Attorney work on a code of ethics, since the subject is already addressed through state law. Commissioner Jordan stated support for Commissioner Vant Hull's suggestion to address membership on a board of directors of a non-profit organization. He indicated that a written policy would establish the guideline rather than a Commissioner's individual viewpoint. The Commission requested that the City Attorney prepare a draft code of ethics for consideration, based on the City of Helena's code and Including various Items from the City of Billings' code. Appointment of sub-committee to review Pledged Securities as of March 31, 1987 City Manager Wysocki reminded the Commission that the pledged securities must be re- viewed quarterly in accordance with State Statute. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that Commis- sioner Vant Hull and Commissioner Martel be appointed to review the pledged securities as of March 31, 1987. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items- (1) A copy of responses to the recommendations in the management letter submitted by Coopers and Lybrand for Fiscal Year 1985-86, as prepared by Director of Finance Gamradt. Commissioner Vant Hull noted that the same response, "The recommendation will be im- plemented as time permits," has been used for twelve Items in a row. She then asked if the Commission should place this item on the agenda for discussion, with the staff providing an update on the status of each recommendation. Director of Finance Gamradt stated that the City has contracted with a computer programmer for specific projects, which should relieve the full-time programmer. He further noted that implementation of some of the recommendations is currently underway. Mayor Mathre suggested that the staff provide the Commission with an update on the status of the various recommendations in early October. (2) A copy of the proposed Commission Resolution establishing a revised Special Improvement District policy. The City Manager reminded the Commission that the public hearing on this item will be held at next week's meeting. (3) The City Manager stated that HB743, which will shorten the redemption period on properties with delinquent SID assessments, has come out of the Senate Taxation Committee with an amendment to extend the period from twelve months to eighteen months. He noted the bill is on the Senate floor for second reading; and if it passes, it must return to conference committee and then back to the House floor for a vote on the amendment. (4) The City Manager indicated that HB782, providing for a sales tax or a local option income tax, was tabled at the Senate Taxation Committee and appears to be dead. (5) The City Manager then stated that the resort tax bill seems to have been lost. He noted that Senator Story has indicated he will attempt to locate the bill. (6) The City Manager stated that the new ladder fire truck has arrived in Bozeman; however, the engine is not working properly. He noted that the City will not accept the truck until it is satisfied that all parts are in proper working order. (7) Commissioner Vant Hull noted that last week's joint City-County Planning Board/Zoning Commission meeting was lengthy and urged the Commissioners to help make the public hearing before the Commission next week as efficient as possible. (8) Commissioner Vant Hull distributed to the Commissioners a newspaper article from the January 22, 1987 issue of the Billings Gazette. The Commissioner then noted that the article indicates that the block grant which funds a portion of the motor vehicle income to local governments could be cut in half; and Senator Ed Smith has introduced a bill to replace that source of revenue. She then suggested that the Commissioners contact the legislators soliciting support for the bill. 04-13-87 234 Report from Chairman Jim Brown re Recreation Advisor Board functions and activities City Manager Wysocki stated that Chairman Jim Brown is present to discuss the functions / and activities of the Recreation Advisory Board. tp Mr. Jim Brown stated that the Board is comprised of nine members, five City representa- tives, two County representatives and two School District representatives, all of whom are appointed by the City Commission. He noted that the Board receives input from various groups concerning recreation programs and use of facilities; and they attempt to put those requests In proper form prior to submittal to the Commission for consideration. He stated the Board is also seeking ways to improve funding of recreational programs in the community. He noted the Board \/�) is also working on a master plan and long-range goals for recreation. t1 Mr. Brown stated that the Recreation Advisory Board conducts monthly meetings, with extra meetings being held whenever necessary. He noted that at those meetings, the Board recommends action to be taken on various requests, with those recommendations then being for- warded to the Recreation Superintendent and the City Manager. Mr. Brown stated that the Board reviews proposed subdivisions to be sure that the park- / V land dedications meet all of the requirements. He noted the Board is also working on a new i park ordinance at the present time. Mr. Jim Brown then stated that members of the Board have a diverse background, briefly reviewing current members and their backgrounds. He noted that the members work well together, complementing each other when working on various aspects of recreation. Mayor Mathre asked if the recreation master plan would become a part of the Bozeman Area Master Plan. The City Manager suggested that the recreation master plan could become a part of the overall master plan for the area after it has been completely developed, The Commission thanked Mr. Brown for his presentation. Report from Chairman Jim Banks re Board of Adjustment functions and activities City Manager Wysocki stated that Chairman Jim Banks is present to submit a report on the Board of Adjustment and its functions and activities. Mr. Jim Banks noted that most of the Commissioners have attended at least one Board of Adjustment meeting and, therefore, know how the system operates. Mr. Banks stated that the Board issues quasi-judicial decisions on variances to the Zone Code, with those decisions appealed only to District Court. He noted there are five members on the Board; and the State Statutes require four affirmative votes to approve a variance. He noted that, therefore, only one member may be absent from any meeting. Mr. Banks reminded the Commission that during the past legislative session, a bill was passed which allows for expansion of the Board of Adjustment to seven members, while still re- quiring four affirmative votes for approval of an item. He noted the Board plans to discuss this new provision at Its next meeting, after which it will submit a recommendation to the City Commission. He urged the Commission to carefully consider any additional appointments to the Board, since it is quasi-judicial rather than advisory. Mr. Jim Banks then stated that one decision has been appealed to the District Court In the past three and one-half years that he has served on the Board. He also indicated that he attempts to allow adequate discussion to provide a unanimous decision, avoiding split decisions whenever possible. Mr. Banks then noted that members of the various boards and commissions are volunteers, with their only compensation being psychological. He urged the Commissioners to let the board members know if they are doing a good job. He also suggested that if the Commissioners do not reappoint a member, they should let that individual know before they read it in the newspaper. The Commission thanked Mr. Banks for his presentation. Permanent appointment of City representative to the Yellowstone Country Board City Manager Wysocki presented to the Commission a letter from Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, concerning permanent appointment of a City representative to the Yellowstone Country Board. Commissioner Martel asked for a brief update on the Yellowstone Country Board. 06-01-87 MEN 233 Ms. Darla Joyner noted that this tourism group was established approximately five years ago, however, they have had no funding until passage of a bill to provide for a 4 percent bed tax, effective July 1, 1987. She noted that the Board will be responsible for administering those monies in this five-county region. Ms. Joyner noted that the City had temporarily appointed Mr. Jerry Perkins to represent the City; and at their May 18 meeting, the Board of Directors elected him to serve as President. She then requested that the Commission endorse him as the City's representative, It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission appoint Jerry Perkins to serve as the City's representative on the Yellowstone Country Board of Directors. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Bull and Mayor Mathre; those voting No, none. Break - 3:25 to 3:35 p.m. Mayor Mathre declared a break from 3:25 p.m. to 3:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1236 - amending Sections 5.06.042 and 5.06.044 of the Bozeman Municipal Code re tense fee structure or video draw poker machines and electronic Feno machines City Manager Wysocki presented Ordinance No. 1236, as prepared by the City Attorney, entitled: ORDINANCE NO, 1236 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 5.06.042 AND 5.06.044 OF THE BOZEMAN MUNICIPAL CODE REVISING THE FEE STRUCTURE FOR LICENSES ISSUED FOR VIDEO DRAW POKER AND ELECTRONIC KENO MACHINES TO COMPLY WITH STATE LAW, The City Manager stated that this Ordinance revises the current license fee structures for video draw poker machines and electronic keno machines to bring them into compliance with H B863, which becomes effective July 1, 1987. He reminded the Commission that this House Bill lowers the maximum local government license fee to $100.00 per machine, plus dividing a speci- fied percentage of the gross receipts from each machine between the state and local governments. The City Manager noted that this Ordinance does not remove the limitation of five machines or an aggregate of seven gaming devices per establishment; and the license fee for live poker tables will remain at $1,000. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1236 and that it be brought back in two weeks for final adoption. Commissioner Jordan expressed concern that this legislative action will reduce the City's revenues, noting that any decrease in this source of revenue should be brought to the Legisla- ture's attention during its next session. Commissioner Vant Hull asked if there is a provision in HB863 for license fees for machine distributors as well as establishments in which the machines are located. She suggested if there is such a provision in the legislation, it should possibly be included In the ordinance as well. City Attorney Becker indicated he will review the legislation. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion provisionally adopt Ordinance No. 1236 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 Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Discussion - Ordinance No. - enacting a code of ethics for City officials and emp oyces City Manager Wysocki presented to the Commission for discussion, a draft ordinance enacting a code of ethics for City officials and employees, as prepared by the City Attorney, entitled: 06-01-87 2311, ORDINANCE NO. AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EM- PLOYEES. The City Manager reminded the Commission that they had directed the City Attorney to draft this Ordinance, which is now before them for discussion. Commissioner Martel questioned the definition of "financial interest." City Attorney Becker stated the definition was taken from a book prepared by a national publishing company. He then indicated that under this definition, financial interest does not include his salary, but does apply to any other monetary or material benefit which he would derive from his position that is not commonly available to all citizens of the community. Mayor Mathre noted that the proposed definition Includes those items valued at $50.00 or more, while the State Statute places no value limitation on such items. She then suggested that the amount should possibly be eliminated, indicating she feels it is too high. Following discussion the Commission concurred that the $50.00 amount should be lowered to $15.00, since the policy applies to staff members as well as Commissioners. Commissioner Martel then questioned the definition for "immediate family," suggesting it should possibly be expanded to include more than the spouse and children. Commissioner Vant Hull asked if this policy would allow individuals serving on boards of non-profit organizations to vote on items affecting that agency. City Attorney Becker stated that if a Commissioner is serving as a volunteer on a board, he feels that individual should be able to vote on an issue affecting that agency since no financial interest is involved. City Manager Wysocki suggested that further discussion of this policy be continued at a later date since several agenda items remain. Mayor Mathre requested that this item be placed on the June 15 agenda for additional discussion. Staff report - review of status of Water Fund City Manager Wysocki distributed to the Commission a copy of the financial summary for the Water Fund for this fiscal year as well as the prior four fiscal years. He also distributed a narrative addressing the various changes in revenues and expenditures over the subject five-year period. Director of Finance Gamradt reviewed the financial summary. He reminded the Commission that the bond covenants require 125 percent coverage of the debt service costs; and the projected revenues will provide 114 percent coverage for this fiscal year. He noted that is substantially improved from past fiscal years, but does not yet meet the bond covenants. The Director of Finance stated that the staff projects a 20 percent increase in revenues over last fiscal year and a 1 percent increase in expenditures, with a net loss of $143,000 for the year. He indicated that is due in part to depreciation expenses, which do not affect the cash flow; however, the $125,000 In principal payments on the bond issue is not reflected in this summary. Director of Finance Gamradt then reminded the Commission that the Water Fund has an outstanding loan from the General Fund in the amount of $387,000, which must be repaid as soon as possible. Director of Public Service Dick Holmes noted that, although the City received a rate increase from the Public Service Commission In January 1983, it was not adequate to cover the costs of operating the Water Treatment Plant. He noted that those costs were initially projected at $69,000 per year; however, the State requires that the plant be manned whenever in operation, which has increased those costs to $210,000 per year. Commissioner Martel asked what is included under administrative charges. The Director of Finance responded that those costs include Items such as a portion of the salaries for the City Commissioners, City Manager, Director of Finance and Director of Public Service. City Manager Wysocki noted that the amount of water consumption has an impact on the status of this fund. He reminded the Commission that Items such as snow pack, rain and water rationing all impact the amount of water consumed, and thus the revenues. Commissioner Martel asked If the amount of depreciation expense will increase. Director of Public Service Holmes stated that depreciation expense will increase slightly. He noted that 06-01-87 270 AAppointment_to_Parki_ n�Commission (1) City Manager Wysocki stated no applications have been received for this position, which expires on June 30, 1987. The Commission requested that this position also be readvertised and that this item be placed on the July 6 agenda for further consideration. Appointment to Zoning Commission (1) City Manager Wysocki stated four applications have been received for the one position which is open on this commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission reappoint Patricia L. Follett to the Zoning Commission, with a two-year term to expire on June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Discussion - revised evaluation form for City Manager_as prepared by Mayor Mathre Mayor Mathre noted she had submitted a revised evaluation form to the Commissioners at last week's meeting for review and discussion at this week's meeting. She stated the revised form contains a section for numeric rating as well as a condensed form of the questions contained on the previous evaluation form. Commissioner Martel and Commissioner Stiff expressed support for the revised form, noting it should be easier to use and more workable. Commissioner Vant Hull suggested several revisions, noting that she feels some of the questions contained on the old form should be retained. The Commissioners concurred in some of those revisions. Mayor Mathre indicated she will revise this draft evaluation form, submitting the final copy In next week's packet for consideration. Break - 3:13 to 3:21 p.m. Mayor Mathre declared a break from 3:13 p.m. to 3:21 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - Ordinance No. - enacting a code of ethics for City officials and emp ogees City Manager Wysocki presented to the Commission for discussion, a draft ordinance en- acting a code of ethics for City officials and employees, as prepared by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EM- PLOYEES. The City Manager reminded the Commission that they had begun discussion of this policy at their June 1 meeting. Mayor Mathre noted they had reviewed some of the definitions contained in the draft ordinance, ending on "financial interest." Commissioner Jordan stated he feels the definition of "financial interest" should be revised to state that City officials and employees can receive nothing of tangible value. He noted that would allow the officials and employees to accept an Invitation to lunch; however, they would not be able to accept any gifts. Commissioner Martel stated he feels the statutory definition is adequate. The Commissioners then discussed the definition of "personal interest," indicating that they feel it also needs to be revised to make its meaning clearer. Following discussion, City Manager Wysocki suggested that the staff be allowed an oppor- tunity to revise this ordinance, for further Commission review. 06-22-87 mission approve this application. It was-moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission approve the appikation,for Beer and Wine License submitted by Payless_Drug-, doing busi- ness as Wonder World, for Calendar Year-1-987. The motion carried by The following Aye and No vote; those voting Aye being Commissioner 1Nar`tel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff 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 water use report for the week ending July 2, 1987. (2) A letter from the Forest Service regarding the management review of the Bozeman Creek watershed to be held on Thursday, July 23. (3) The City Manager indicated that he will be talking to a reporter from the Chronicle tomorrow about the status of negotiations; and an article will probably appear in the Wednesday or Thursday edition of the newspaper. (4) Commissioner Jordan stated that at the Hyalite Reservoir viewing on Tuesday even- ing, it was noted that no snowfall is left in the drainage and the water is now down two feet. (5) Commissioner Stiff related a personal experience which would have been addressed by the proposed code of ethics. He noted that the action stems from many years ago when he had his private practice and has nothing to do with actions taken while representing the City; however, it could be misconstrued. He stated that such items are why he has expressed con- cern about the proposed policy. (6) Mayor Mathre reminded the Commission of the Interagency Breakfast to be held on Wednesday at 7:00 a.m. at the GranTree Inn. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Authorize use of annual leave - Clerk of the Commission Sullivan Jul 17 Banc 10, 19981;appoint Kathleen Norman as cting er o t� Commission Building n^ sf pection Division report for June 1987 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission 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 vot- ing Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - 4:22 p.m, Mayor Mathre declared a recess at 4;22 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearings. Public hearing - Commission Resolution No. 2657 - intent to re-create SID No, 652 - water, sewer an paving - ra s Second Subdivision This was the time and place set for the public hearing on Commission Resolution No. 2657 entitled: COMMISSION RESOLUTION NO. 2657 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RE-CREATE SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTAL- LATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN GRAF'S SECOND SUBDIVISION. 07-06-87 32' Planning Director Steve Lere stated that one parking space Is required per bedroom, with a minimum of one-and one-half spaces per dwelling unit. He noted that the building has one- and two-bedroom units, so at least sixty parking spaces would be required. The City Manager stated that the owner of the Boulevard Apartments has been paying $650.00 or less for each of the last three years for the downtown parking SID, which meets his parking requirements. Commissioner Vant Hull asked if a letter from the Commission to the manager of the Boule- vard Apartments encouraging him to establish a priority system for the elderly and handicapped in the off-street parking lot might help. Following discussion, the Commissioners concurred that they would be willing to sign a very general letter of encouragement to the management; and Mayor Mathre asked Commissioner Vant Hull to draft such a letter. Commissioner Vent Hull asked if the other Commissioners are interested in pursuing a per- mit system. One of the Commissioners indicated Interest; however, the other three indicated they are not. Mayor Mathre noted that the staff is to review the possibility of revising the street clean- ing schedule and re-signing for on-street parking along West Babcock Street and South Tracy Avenue. She then asked that a report be submitted to the Commission for consideration as soon as possible. Break - 3:03 to 3:12 p.m. Mayor Mathre declared a break at 3:03 p.m., to reconvene at 3:12 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1240 - code of ethics for City officials and employees City Manager Wysocki presented Ordinance No. 1240, as prepared by the City Attorney, entitled: ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EM- PLOYEES, The City Manager stated that the City Attorney has revised the draft ordinance es- tablishing a code of ethics, based on previous Commission discussions. Mayor Mathre stated that after review of the revised ordinance, she prefers "direct and indirect" to "tangible and intangible." Following discussion, the majority of the Commission con- curred that they prefer "tangible and Intangible." Commissioner Martel stated that he feels the State Statute provides an adequate code of ethics. He indicated that he does not support this proposed ordinance because it is more restric- tive than the State Statute. Mayor Mathre noted that under the definition of "financial interest" the Commission had discussed a ceiling on items of monetary value that could be accepted; and she thought the con- sensus had been that nothing of value could be accepted. Following discussion, the Commission concurred and requested that the section be amended to reflect that change. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1240, enacting a code of ethics for City officials and employees, 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 Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Ordinance No. 1241 - Salary Ordinance for Fiscal Year 1988 City Manager Wysocki presented Ordinance No. 1241, as reviewed by the City Attorney, entitled; ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW, 07-27-87 35z how to market themselves. lie noted that under this program, they also deal with the stress that can accompany sudden unemployment, referring those individuals to various counseling pro- grams if necessary. Mr. Jackson noted that usually an individual used to earning $20,000 per year and receiving a five- to ten-day notice of lay-off has not saved money and is faced with a financial dilemma within three months. He indicated that the stress from that type of situation can often wreck a family in three to six months. He then stated he is a dislocated worker from a railroad job, so he can understand the problems which may arise. Chuck Jackson stated that some funding is avallable for on-the-job training, classroom training and sometimes job relocation. He also noted that funding is sometimes provided for job interviews, on a reimbursement basis. Mr. Jackson then reviewed the process which is followed with each new client. He noted that the Initial process includes the testing program as well as discussions to determine what the individual wishes to do. He noted a plan is then developed for that individual to cope with the problems and stresses he may encounter as well as a plan for seeking new employment. He indi- cated it usually takes one year to get back into the job market in a position similar to the one they were in before. fie noted that when an individual finds a job, he is terminated from this program. Commissioner Martel asked Mr. Jackson how many individuals this program has helped since its inception in 1980 and how much money has been expended. Mr. Jackson stated that 650 people have been served in Montana per year since 1980. He then indicated that each office handles approximately 100 people per year. lie stated that he does not know how much money has been expended through the program. Commissioner Martel asked if this program is directed toward union employees. Mr. Jackson stated it is for any unemployed individual and is not targeted toward union employees. Commissioner Vant (lull asked if there are any age restrictions. Chuck Jackson stated that there aren't really any age restrictions; however, he noted that the youth programs can better handle those up to age 21 and there are several programs for older workers. Commissioner Martel asked if there is an overlap between these services and those pro- vided by the Job Service. Mr. Jackson stated that the two offices don't usually work with the same people, noting that the programs offered by both are very different. The Commission thanked Mr. Jackson for his presentation. Ordinance No. 1240 - code of ethics for City officials and employees City Manager Wysocki presented Ordinance No. 1240, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES. The City Manager reminded the Commissioners that they had provisionally adopted this Ordinance on July 27, 1987. He then recommended that the Ordinance be finally adopted at this time. Commissioner Stiff noted he had been concerned about the health/medical insurance which is available to Commissioners, indicating that discussions with the City Attorney and the Director of Finance have addressed those concerns. The Commissioners concurred that the health/medical insurance package is a part of the employment package available to all City employees. Commissioner Martel expressed reservations about this Ordinance. He stated he feels a code of ethics is necessary; however, he feels this one is too narrow and restrictive. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion finally adopt Ordinance No. 1240, enacting a code of ethics for city officials and employees. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. OB-10-117 28� ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, O MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES. Q,l P R E A M B L E The purpose of this ordinance is to enact a Code of Ethics for City officials and City employees. / l BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section I That Section 2.01._ be added to the Bozeman Municipal Code and shall read as follows: 2.01. Declaration of Policy. The proper operation of the City government requires that public officials and employees be independent, impartial and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this Code of Ethics is to set forth standards of ethical conduct; to assist public officials and employees in establishing guidelines for their conduct; to foster the development and maintenance of a tradition of responsible and effective public service; and, to prohibit conflict between public duty and private interest. Section 2 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: 2.01. Definitions. As in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: A. Agency: The City Commission and all other Agencies, Boards, Departments and Offices of the City, without exception. B. City: The City of Bozeman, Montana. C. Confidential Information: Any information which is not available to the general public and which is obtained only by reason of an official's or employee's position. D. Financial Interest: Any ownership interest, contractual relationship, business relationship or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly which has a value of more than $15, other than his duly authorized salary or compensation for his services to the City, and which interest is not common to the interest of all other citizens of the City. The following financial interest shall be imputed to be those of an official or employee of the City: that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the City, in which the official or employee or any member of his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. E. Immediate Family: Spouse and children. F. Officials or Employees: All officials, officers, members and employees of the City and its Agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate. G. Personal Interest: Any interest arising from blood, marriage or from close business association whether or not any financial interest is involved. H. Transaction: The offer of, or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the City or of such other person or entity, for a valuable consideration. Section 3 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: 2.01. Persons covered. All City officials and employees shall be bound by this chapter. ORDINANCE NO. 1240 2SJ Section 4 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: 2.01. Standards of Conduct. A. Officials and employees have an obligation to act morally and honestly in discharging their responsibilities. B. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards of conduct. C. Each official serving on a multi-member agency, authority, board, commission or committee is expected to devote the time and effort necessary to the successful functioning of such agency, authority, hoard, commission or committee. D. No official or employee shall Improperly use, directly or indirectly, his City position to secure any financial interest or personal interest for himself or others. E. No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee In the performance of his official duties. Section 5 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: 2.01. Use of City Resources. No official or employee shall use or permit the use of City owned vehicles, equipment, material or City personnel for personal use of the employee or official or anyone else or to be used in any manner prohibited by Stale statutes or City ordinance. No City automobile shall be used by a City employee or official going to or from home, except when such use is for the benefit of the City, as in the case of an employee on call outside of the employee's working hours. Section 6 That Section 2.01._ of the Bozeman Municipal Code be added to read as follows: 2.01. Treatment of the Public. City officials and employees represent the City government to the public. In their contact with the public, officials and employees must bear in mind their role as public servants, Each member of the public should be treated courteously, impartially and fairly. Section 7 That Section 2.01._ of the Bozeman Municipal Code be added to read as follows: 2,01, Conflict of Interest. A. No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties. B. No official or employee shall have a financial or personal interest, tangibly or intangibly, in any transaction with the City as to which he has the power to take or influence official action. A contract in violation of this section may be declared void at the option of the City Commission. C. If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the Agency of which he is a member or by which he is employed, such official or employee shall publicly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial interest shall not engage in deliberations concerning the matter and shall disqualify himself from acting on the matter. D. No official or employee, whether paid or unpaid, shall represent or appear on behalf of any individual or entity, before any agency of the City, or take any appellate proceedings from any action of any such agency, either personally or through an associate or partner. E. Nothing herein shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the City or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding. however, no official or employee who represents his own personal interest before an Agency of which he is a ORDINANCE NO. 1240 2 y'� member or a member of an Agency to which the matter may be appealed shall participate in the decision of that Agency or the appellate agency. Section 8 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: 2.01. Confidential Information, A, No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government or affairs of the City. B. No official or employee shall use confidential information to advance his own financial or personal interest or the financial or personal interests of any other person. C, Nothing in this section shall be interpreted as prohibiting the disclosure of information required by law to be disclosed. Section 9 That Section 2.01._ of the Bozeman Municipal Code be added to read as follows: 2.01. Gifts, gratuities and favors. No official or employee shall accept a gift, gratuity or favor from any person or entity, except as authorized by law, PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 27th day of July, 1987. U I H A. MATHRE Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the City Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 10th day of August, 1987, and effective thirty days after said date. UDI H A. MA HRE Mayor ATTEST: ROBIN ULL Clerk of the City Commission State of Montana ) County of Gallatin ss City of Bozeman ) 1, Robin L. Sullivan, Clerk of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1240 was published by title number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 18th day of August, 1987, and said proof of such publication Is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office, ROBIN L. SULLIVAN Clerk of the Commission ORDINANCE NO. 1240 I -28- 12. All on-site improvements shall be completed within 18 months of final site plan approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently re- newed. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - Commission Resolution No. - revising the rules of procedure City Manager Wysocki submitted to the Commission a resolution, as drafted by the City Attorney, entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING RULES OF PROCEDURE FOR THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHICH WILL PERMIT AND EN- COURAGE PUBLIC PARTICIPATION IN THE DECISION-MAKING PROCESSES. City Manager Wysocki reminded the Commission that this proposed resolution was discussed at their regular meeting of March 13, 1989; and further discussion was deferred until the entire Commission was present. City Attorney Becker reviewed the revisions which he had made to this draft reso- lution as a result of the discussion of March 13. During that review, there were revisions made to this draft, as noted below. Commissioner Martel suggested that the last sentence of Section III.B, be revised to read "... first and third Mondays of each month at the hour of 7 o'clock P.M., or as oth- erwise designated by the Commission, in the City Commission Chambers in the Municipal Building located at 411 East Main Street, Bozeman, Montana, or in an alternative location as duly noticed." The Commission concurred. The first sentence of Section IV was revised to read "... shall be submitted by 12 o'clock noon on the Wednesday immediately preceding the next regularly scheduled Commis- sion meeting, with supporting documents being submitted by 5 o'clock P.M. on the Thurs- day immediately preceding the next regularly scheduled Commission meeting, with the ex- ception that ..." The City Manager indicated this statement more accurately reflects the process currently being followed; and the Commission concurred in the revision. City Attorney Becker stated the State Statutes refer to a "President Pro Tempore" and asked if the Commission wants to change the reference in this resolution from "Mayor Pro Tempore" to "President Pro Tempore" to remain consistent with the Statute. Following a brief discussion, the Commission concurred it should remain as "Mayor Pro Tempore". 05-01-89 -29- Mayor Stiff noted that under the Order of Business, as set forth in Section X, "FYI items" are not listed, although the "NOTE" below seems to cover that issue. The Commission concurred; and the order remained as submitted. City Manager Wysocki noted that the agenda in several communities includes a spe- cific item for "unscheduled citizens and visitors". He then asked if the Commission wishes to include that on the agenda. Following discussion, the Commission concurred that it should not be placed on the agenda, but is covered under specific agenda items or under "FYI Items". City Attorney Becker then reviewed the "Rules of Debate" as set forth in Section XII. Following discussion, the Commissioners concurred that the first sentence in No. 7 should be revised to state "Any member of the Commission who has an interest as defined by the Code of Ethics previously adopted by the City Commission, as established by the laws of the State of Montana, or as advised by the City Attorney, shall not participate in the debate nor vote in any matter." They noted this more accurately reflects the manner in which business is conducted. Mayor Stiff then addressed No. t under Section XII. He stated that he feels this section should be revised to reflect the manner in which business is currently conducted. He noted that the Mayor is responsible for maintaining an orderly meeting; and he feels the ability to move or second from the Chair would create some problems in maintaining or- der. He reminded the Commission that the Mayor is not prevented from making or second- ing motions; however, it is a very deliberate process which he feels should be retained. Following discussion, the Commission concurred and directed the City Attorney to revise the section as needed. Commissioner Hawks noted that the Mayor is elected as a Commissioner, stating he feels the Mayor should retain the ability to serve the community as well as the other Com- missioners. He then noted that at the present time, the rotation for discussions begins to the immediate right of the Mayor. He suggested that on some topics, other Commissioners may be more versed, and they should possibly be given the opportunity to speak first. He suggested that at times, it may be appropriate for the Mayor to speak first on an is- sue. The Commission concurred with the recommendation and directed the City Attorney to address the issue in the resolution. City Attorney Becker stated he has been unable to find any procedure for re- opening of a closed public hearing. He indicated, therefore, that No. 5 under Section X allows for a motion to reconsider any Commission action, except re-opening of a closed hearing, on the day the action was taken. City Manager Wysocki suggested that further discussion on this issue be deferred until the staff has had an opportunity to contact other cities in the State to see how they 05-01-89 f -3- fer to have private competition, six currently haul their own garbage and wish to continue, and two did not give any reason. Mr. La Roe then stated that the price differential between the existing private hauler and the City's rates is also a factor. He noted that the exact savings which would be realized from City collection is difficult to determine; however, he estimated most resi- dents currently pay 56 percent more than they would under the City's collection system. Mr. La Roe stated that the residents of the New Hyalite Subdivision are city resi- dents, paying City taxes; and they feel they are entitled to the same services as other city residents. He noted that under the State statutes, a local government may take over garbage collection in a subdivision after five years; and that time limit has long since expired. Commissioner Goehrung noted that the garbage collection activity Is funded through an enterprise fund, which receives its revenues from users' fees, not property taxes. Mr. La Roe responded he recognizes that difference. Mr. Bob Fagliano, Waste Management Partners, was present during this agenda item. Discussion - timeline for appointment of revised City-County Planning Board City Manager Wysocki submitted to the Commission a proposed timeline for expansion of the City-County Planning Board as prepared by the City Attorney, along with a copy of the Interlocal Agreement as drafted by the City Attorney and County Attorney. The City Manager then distributed a copy of a letter of resignation from the City-County Planning Board as submitted by Roger Craft. Commissioner Goehrung asked if the County Attorney now supports seeking an At- torney General's approval on an Interlocal Agreement, rather than the joint resolution con- cept which he had proposed. City Attorney Becker responded the County Attorney feels that to seek approval of an Interlocal Agreement from the Attorney General is the best process to follow in estab- lishing the revised City-County Planning Board. Commissioner Hawks asked what steps should be taken in the interim, since the City- County Planning Board and the Zoning Commission may not be able to get a quorum to conduct business due to the resignations recently submitted. He noted that, although there are no pending planning applications to be processed, it is important that the full Planning Board membership be retained during the review process with the consultants so they are informed of the process and can Initiate the recommendations. He then asked when new appointments could be made to the Board, following the City's appointment pro- cess. 09-05-89 -4- Clerk of the Commission Sullivan responded that the existing vacancies could be ad- vertised, with a closing date of September 20; and the Commission could make appointments at their September 25 meeting. Commissioner Martel reminded the Commission of last week's discussion on this item, and the need to wait until after the ordinance has been adopted. City Attorney Becker stated that discussion applies to the tenth member only. He noted that the Commission may fill existing vacancies on the Board at this time without creating any problems for the process. He then asked if the Commission plans to ask for letters of resignation from all Board members before the revised Board is created. Commissioner Goehrung suggested that the City ask for letters of resignation from its existing members, reappointing those it wishes to the new Board. He then suggested that the City write a letter to the County, making them aware of the process which the City is following. He noted the anticipated timeline for appointments could be included in that letter as well. Mayor Stiff stated that a conversation with County Commissioner Dave Pruitt re- vealed that they are as concerned about the process for establishing the revised Board as the City is. Mayor Stiff then asked if the Commission wishes to accept the timefine for expansion of the City-County Planning Board as submitted by the City Attorney, and whether the Commission wishes to advertise for the vacancies on the existing Board. City Manager Wysocki asked if the Commission wishes to review the Interlocal Agreement at this meeting or defer it for a period of one week. He noted the proposed timeline allows for review either week; and to defer it until next week will not slow the process. The Commissioners concurred it wishes to accept the proposed timeline and adver- tise the existing vacancies; however, they requested that discussion of the Interlocal Agreement be deferred for one week since they received it at the beginning of the meeting and have not had time to review it. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission accept the timeline for expansion of the City-County Planning Board, as prepared by the City Attorney; and authorize and direct the Clerk of the Commission to advertise for openings on the present City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the advertisement for openings include a statement that the City is accepting applications 09-05-89 -5- for the potential tenth position on the City-County Planning Board, to be filled after the new ordinance has been passed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel, The Commission requested that the Interlocal Agreement be placed on next week's agenda for discussion and action. Commissioner Hawks requested that the policy for appointments to boards and com- missions, along with the By-laws for the Planning Board and clarification on the conflict of interest issue, be placed on next week's agenda for discussion. He noted that if it is de- termined that the existing code of ethics, as written, does not reflect the Commission's wishes, it may be necessary to revise that document. He then requested that City Attor- ney Becker draft possible revisions to address the Commissioners' concerns. Continued discussion - possible letter of support for viewshed management City Manager Wysocki noted that, included in the Commissioners' packets, were let- ters from the Wilderness Society; Eagle Rock Reserve; an information sheet from the University of Montana as submitted by Idaho Pole; and proposed letters to the Governor as drafted by Ross MacPherson, Commissioner Goehrung and Commissioner Vant Hull. Commissioner Hawks stated he feels any timber policy or management policy that relates to national forest and state lands should have flexibility so that different interests can be considered. He stated that, although viewshed is acknowledged in the State Forester's plan, it needs to be recognized more. He then suggested a combination of Commissioner Goehrung's and Commissioner Vant Hull's proposed letters, with a few modifications, which basically supports the need for viewshed protection and which encourages low-impact horse logging within the viewshed to mitigate impacts from those logging efforts which may be determined necessary. Commissioner Vant Hull stated support for Commissioner Hawks' suggestion. She further suggested that the letter could contain language which would specify that logging in the viewshed would be allowed as a last resort In the event of disease or the imminent likelihood of fire. She also suggested that the letter reference the fact that the master plan has long recognized the concept of viewshed protection. She noted that reference to the Beautification Committee and its position on this issue could help to reflect the broad community support for viewshed protection. The Commissioner then stated that the 1983 plan for the area was never referred to the City Commission for its review; and there was little or no community input solicited before the document was finalized. She then ex- pressed disappointment in the manner in which this document does or does not address view- shed. 09-05-89 9 - entered into without going through the Attorney General's office again. City Manager Wysocki stated this Agreement provides for its termination upon a 60- day notification to the other party. He asked If that allows adequate time to implement an alternative to the system under this Agreement. Commissioner Hawks noted he feels it is beneficial to have as short a timeframe for termination as possible. He then stated he feels the 60 days would be a tight timeframe but is workable. Commissioner Martel stated there is usually some discussion between parties before a termination Is initiated. lie suggested that the City would have considerably more than 60 days in which to implement an alternative if this Agreement is terminated. Mayor Stiff concurred he has no problem with the 60-day termination period. Commissioner Hawks expressed concern that not all of the signature lines for the City Commissioners include formal names. The City Attorney responded those could be cor- rected with white out since the County Commissioners have already signed the document. Commissioner Goehrung stated he is interested in reviewing this document in one year. He then asked if this should be included in the motion or whether it could be placed in a tickler file. The City Manager suggested the City could let the County know of its intention to review this document after one year; however, he does not feel it needs to be Included in the motion. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Interlocal Agreement for the revised City-County Planning Board as submitted, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Break - 3:15 to 3:22 p.m. Mayor Stiff declared a break from 3:15 p.m. to 3:22 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Discussion - policy re appointments to boards and commissions; clarification of conflicts of interest Mayor Stiff noted the Commission has received several materials on conflicts of Inter- est in the past. He stated recent acceptance of Roger Craft's resignation from the City- County Planning Board has put this issue into perspective; and he feels the issue should be addressed in a logical and non-emotional manner at this time. Commissioner Hawks stated that situation with the City-County Planning Board is un- 09-11-89 10 - clear, because those members have thought for years that they were operating under their own by-laws as an entity independent from the City and County governments; however is- sues recently raised seem to indicate a different relationship between Board members and the governing agencies. The Commissioner expressed concern that if the Commission makes the decision that Board members must adhere to the City's code of ethics, it could eliminate the possibility of an Important segment of the community from serving on the Planning Board. He reminded the Commission that the City-County Planning Board is an advisory body. He then suggested that the City's code of ethics may be unrealistic in its application to board and commission members. Commissioner Martel noted the conflicts between different codes of ethics was one of his concerns when the City adopted its ordinance. He noted that the City's ordinance does supercede the Planning Board's by-laws, since it refers to boards and commissions; and it does supercede the State statutes. He stated that is the area where the problems arise. Commissioner Goehrung stated Commissioner Vant Hull had asked him to express her concerns since she Is not present at this meeting. He noted the main point is that the City-County Planning Board Is responsible for evaluation of the planning staff. He noted that if a Board member is representing a client through the zoning process, a planning staff member may cross swords with that Board member; and that could cause problems during the evaluation process. Commissioner Goehrung stated he feels it is important for the City to maintain boards and commissions which are above reproach; and the appearance of conflict must be avoided. He noted that whatever steps are necessary must be taken to ensure that a conflict of in- terest, whether genuine or perceived, does not arise or is immediately addressed. Mayor Stiff stated this issue must be addressed before it becomes a real problem. He stated that in the specific instance, a person serving on the board which supervises the hiring and firing of planning personnel has represented applicants through the zoning pro- cess, culminating in an appearance before the City Commission, which appointed him. He noted the people present at the recent public hearing raised the issue very strongly; and it must be addressed. He expressed support for the planning staff, noting that the rec- ommendation on that application was for denial; and the Zoning Commission unanimously con- curred in that recommendation. The Mayor stated that changing the code of ethics will not solve the ethical problems; rather, he feels the Commission must adhere to its existing code and move forward. Commissioner Hawks stated he has discussed this issue with Mr. Keith Swenson, who has been involved in this type of situation; and he is present today to offer some obser- vations if the Commission so desires. Planning Director Andy Epple submitted the staff's perspective on the issue. He 09-11-89 noted the City-County Planning Board has the statutory authority to hire, fire, evaluate and set the wages of the planning staff, questioning how many other states have similar situations. He noted that if a staff member receives a less than satisfactory performance evaluation from the Board and if, thereafter, a member of the Board represents a client in a planning-related issue, there is a potential for the public to assume that the staff member is being influenced by his supervisor. The Planning Director then stated he does not feel the Planning Board's by-laws are strong enough in this area; and he suggested that re- vision of those by-laws to conform with the City's code of ethics might be appropriate. Commissioner Martel noted that if a planning staff member were fired following an unsatisfactory performance evaluation and subsequently sued for wrongful discharge, probably the City and the County would be sued in addition to the City-County Planning Board. He then asked whose responsibility it would be to defend the case. The City Attorney responded the City's and County's insurance companies would de- fend the governmental bodies as well as the Planning Board. Commissioner Hawks questioned how board appointees can be construed to be employ- ees of the City, City Attorney Becker stated the City maintains the authority to terminate an appoin- tee for any reason. He further noted the definition of "officers and employees" is broad and includes members of boards and commissions, paid or unpaid. Mr. Keith Swenson stated the discussion about conflicts of interest has made him question his role on the Historic Preservation Advisory Commission, noting that he may rep- resent someone on a planning-related issue at some time before a City board. Mr. Swenson then stated that planners operate under a very strict professional code; and their primary objective is to serve the public interest. He stated the code of ethics for the American institute of Certified Planners is very explicit and must be followed by all professional planners. Mr. Swenson noted that under the City's code of ethics, volunteer members of boards who serve in an advisory capacity are considered employees. He stated that a re- view of how other communities in the State address the issue revealed that in some commu- nities, if a board member represents a client, he simply steps down from the board until that item has been addressed. He stated this does not seem to create a problem or create a sense of conflict of interest. Mr. Swenson then cited his personal experience in Florida, where he served as a paid employee of a large development corporation while serving on a technical advisory board to a planning board. He further noted that his professional code of ethics also dictated what he could and could not do. Mayor Stiff noted that the employee/employer relationship is the issue which the com- 09-11-89 N - 12 -- munity has raised; and he feels that is the issue which must be addressed. Commissioner Hawks stated that to apply the definition contained in the City's code of ethics to all boards and commissions could result in the professional development commu- nity not being represented on the City-County Planning Board. He noted this would in- clude many of those currently serving on the Planning Board and Zoning Commission. Commissioner Goehrung stated he feels that national problems and attention to ethics has increased the focal attention to such issues. He then indicated he would like a copy of the City-County Planning Board's by-laws, a copy of the City's code of ethics and a copy of the State statutes as they pertain to the code of ethics to review prior to making any decisions on this item. Commissioner Hawks stated the overall picture must be considered when addressing this issue, not just one specific item. He also cautioned that the best possible composition of a board must also be considered; and care should be taken to avoid eliminating the de- velopment community from the Planning Board, since that is an important element on that board. City Manager Wysocki reminded the Commission that the code of ethics has been adopted in ordinance form. He noted that, as such, it takes some time to change. He not- ed that a new ordinance could be adopted to make the desired changes; or the form of the code of ethics could be changed. City Attorney Becker reminded the Commission that an ordinance is a statement of law; and a resolution is a statement of policy. He further noted that one cannot bend a law, but can bend a policy. He suggested that may help as the Commission determines in what form It wants the code of ethics. Mayor Stiff requested this Item be placed on next week's agenda for further dis- cussion. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) A copy of the notice of vacancies on the City-County Planning Board. (2) Agenda for the Board of Adjustment meeting being held today. (3) A letter from Mr. Walter Mayer, with attachments, concerning the Sister City program. Mayor Stiff noted the Commission must implement a sister city policy soon. The City Manager suggested this item be placed on the September 25 agenda for dis- cussion. (4) The City Manager distributed to the Commission Information on heliports. 09-11-89 -2- Continued discussion - policy re a ointments to boards and commissions; review of Plan- n ng oar by-laws, r finance o. T and app ica a state statutes City Manager Wysocki stated that included in the Commissioners' packets were copies of the City-County Planning Board by-laws; a copy of Ordinance No. 1240, which is the City's code of ethics; and those applicable State statutes which address conflicts of interest. He then distributed to the Commission copies of the Yellowstone County Planning Board's by-laws, which he just received today. Mayor Stiff noted the Commission just received copies of a letter from the Chamber of Commerce concerning conflicts of interest. Commissioner Vant Hull distributed to the Commission copies of a letter from Roger Craft to City Attorney Becker, which was received on April 14, 1989. She indicated she has not received any type of response from the City Attorney, questioning whether Mr. Craft has either. Mayor Stiff noted the Commissioners have received a substantial amount of informa- tion on this issue but have not had sufficient time to review all of it. Also, the City At- torney has not had time to research the matter due to his court schedule last week. He then suggested that this discussion be deferred until next week, when everyone might be better prepared. Commissioner Hawks noted the Commission is to make appointments to the City- County Planning Board at next week's meeting, He suggested it may be possible to place this discussion on the agenda and resolve the issue just prior to the appointment process if the Commission so desires. City Manager Wysocki cautioned it would be best to establish the policy and criteria for appointing members to the City-County Planning Board without knowing the names of the applicants. He suggested that the appointments could be deferred for one week so the Commissioners do not know the names of the applicants, thus avoiding the possible tendency to establish criteria to fit the applicants. Mayor Stiff stated concurrence, suggesting the applications be sealed. The Commissioners then discussed that concept briefly, concurring that ideally the policy should be established without tailoring to fit an individual. In response to a question from Commissioner Hawks, Planning Director Andy Epple stated the public hearing on the proposed draft documents was originally scheduled to be conducted before the City-County Planning Board on October 26; however, that date may be changed so that the hearing is not held at a regular meeting. He then indicated it would be beneficial to have a full membership on the Board prior to that time so brief ori- entation sessions may be held prior to the public hearing. City Manager Wysocki stated the Commission knows how many appointments need to be made, noting they also recognize those appointments are to be made from within the 09-18-89 -3- city limits. Commissioner Goehrung asked if the appointments are to be made from within the city only or within the jurisdictional area, noting that people have raised that question to him. In response to a question from Commissioner Vant Hull, City Attorney Becker stated the statute is clear in stating that the four City appointees to the City-County Planning Board must be from within the city limits. He suggested that the fifth City appointee to the revised Board should follow the spirit of that law as well; however, he stated he must research the statutes as well as the other documents associated with this Board more ex- tensively before submitting a legal opinion. Commissioner Vant Hull noted that the Zoning Commission has included two residents from the jurisdictional area; and she feels that the demonstrated interest and competence in zoning of those members should not be lost. She further suggested that since the stat- ute does not specifically address appointment of the tenth member to the Board and since the Constitution states the law should be construed liberally, it would be appropriate to appoint the tenth member from the jurisdictional area. She noted that the County has ap- pointed ranchers to the Board and has not appointed any suburbanites, which she feels is an important element to be represented. Commissioner Hawks reminded the Commission that technically the action being taken is expansion of the City-County Planning Board. He noted that the Board is to then be designated as the Zoning Commission for the City. Commissioner Hawks then asked if it would be appropriate to encourage anyone In- terested to apply for the tenth member position, noting the issue of residency could be addressed after the Commission receives an answer from the City Attorney on the issue and before the appointments are made. The Commission concurred it would be appropri- ate, recognizing that some of those applicants may not be qualified if it is determined all appointees must be city residents. City Manager Wysocki noted that the advertisement placed in the newspaper is for city residents. He stated the staff made some assumptions based on the Commission's dis- cussion at last week's meeting; and he feels those assumptions were valid. He suggested that If they were not, readvertisement may be necessary, since the fifth member position was included in the advertisement as well. Commissioner Vant Hull suggested it may be appropriate to review the City-County Planning Board's by-laws at this time, submitting proposed changes to that body for its consideration. She noted that the Yellowstone County Planning Board by-laws specify that the Billings City Commission, among others, will receive copies of the minutes from their meetings. She suggested that would be beneficial in the City of Bozeman as well. 09-18-89 -4- i Commissioner Hawks asked for clarification of the State statutes which were included in the Commissioners' packets. City Attorney Becker stated that the Commission had requested information concern- ing the code of ethics; and he copied the applicable State statutes for Commission review, highlighting those points which are germain to the topic. He stated that Section 7-3-4256 and Section 7-5-4109, M.C.A., are generic while Section 7-3-4367 applies to the Commis- sion/Manager form of government. The City Attorney then stated that Sections 2-2-101 through 2-2-132, M.C.A., set forth the State's code of ethics. He expressed concern that under Section 2-2-125, an officer or employee of local government may not undertake spec- ified actions; however, the following section provides for a voluntary disclosure, after which that officer or employee may perform his official duty. He noted this section nul- lifies the preceding prohibitions. Mayor Stiff stated he feels the Clty's code of ethics, as contained in Ordinance No. 1240, addresses the basic issue. He noted that concerns have arisen by having a member of one board representing an outside application before another board and the City Com- mission. He stated that it is further compounded by the employer/employee relationship since a City-County Planning Board member and the Planning staff are involved in the spec- ific case which has raised this question. City Manager Wysocki stated that under the reconstituted Board, a board member could not represent applicants on either planning or zoning issues because the Board will act on both types of issues. He then indicated the Commission should resolve this issue before the names of the applicants for the Board are submitted to them for consideration. He stated it would be more difficult to establish the guidelines for the appointment process if the applicants were known than if they were not. City Attorney Becker stated that when considering conflicts of interest, the appear- ance of a conflict must be carefully addressed as well as the specific action. In response to a question from Commissioner Vant Hull, the City Attorney stated that he did respond to Mr. Craft's letter; and Mr. Craft has submitted that response to his attorney. The City Manager then distributed copies of that response to the Commis- sioners. The City Manager reminded the Commission that 90 percent of the Planning Direc- tor's work is performed at the direction of the City-County Planning Board; and 10 per- cent of his work involves zoning and building inspection duties, for which he is responsi- f21e to the City Manager. He further noted that the Planning Director is hired, evaluated, J� salary set and fired by the City-County Planning Board. In response to questions from the Commissioners, he indicated he has not been involved in the hiring or evaluation pro- cess of the Planning Director to date, although technically he probably could be. 09-18-89 -5- Commissioner Vant Hull suggested that these issues should possibly be addressed in the by-laws for the Planning Board. The City Manager indicated that could be possible. He suggested that the by-laws further specify the local government under whose personnel regulations and payroll system they will operate. Commissioner Vant Hull noted the Yellowstone County Planning Board has quarterly meetings with various groups, including the City Commission, to discuss planning issues and concerns; and she commented that could be beneficial here as well. Commissioner Hawks responded that is a recommendation from the ad hoc implemen- tation committee as well. Mayor Stiff expressed concern about having a member of the City-County Planning Board represent a client on zoning issues. He noted that in those instances, if the Plan- ning staff's report is contrary to the application, that staff member is often publicly eval- uated. He noted that In this type of situation, the employer/employee relationship is a factor which cannot be ignored. Commissioner Hawks noted that at last week's meeting, the Commission heard that planning is an honor-bound profession which adheres to specific guidelines. He stated that a professional planner will resist pressures which may be exerted on him and follow the guidelines. Break - 3:05 to 3:12 p.m. Mayor Stiff declared a break from 3:05 p.m. to 3:12 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - policy re appointments to boards and commissions; re- view of annino oar y- aws, Ordinance No. 1240 and applicable state statutes Mayor Stiff suggested that the City-County Planning Board may wish to review and revise its by-laws during this revision process. City Manager Wysocki suggested that the Commission may wish to create a "punch list" of items they would like to see Included In the by-laws, for Planning Board consideration while reviewing the document. Commissioner Vant Hull referred to her memo dated August 28, noting it contains a list of items that should probably be included in the by-laws or the Interlocal Agreement. In response to the Commissioners, she indicated she will redistribute this memo to them. Mayor Stiff requested that the City Attorney review the legal aspects of appoint- ments to the City-County Planning Board prior to next week's meeting. If the legal issues do not prohibit appointments from outside the city limits, then the Commission will address 09-18-89 -6- the issue. City Manager Wysocki reminded the Commission that the City's code of ethics is in ordinance form; and it will take some time to change the code if they wish. In response to a question from Mayor Stiff, the City Attorney responded that the City may adopt a code of ethics which is more restrictive than State law. Mayor Stiff requested this item be placed on next week's agenda for action. Discussion - suggested changes in draft documents as submitted by planning consultants City Manager Wysocki noted that the Planning staff will be carefully reviewing these draft documents during the upcoming week. Mayor Stiff noted he has talked to three staff members and one ad hoc committee member; and he now feels it may be early in the process to propose narrow changes to the draft documents. He then suggested it would be more appropriate for the Commissioners to submit proposed revisions individually than to discuss it at this time and submit proposed changes from the Commission as a body. The City Manager stated that staff would be interested in knowing about any philo- sophical issues the Commissioners may be concerned about. Commissioner Vant Hull stated one item she feels needs to be addressed during the public hearing is the three-day period for public comment, which she does not feel is ade- quate for public Input. Mayor Stiff noted that is an excellent point; however, he noted he is not in a posi- tion to submit a proposed change until after the public hearing has been held. He also noted that a change in one part of the document may change numerous other areas in the document. The Mayor then suggested that the Commission acknowledge that the sign code and the historic preservation section will not be considered simultaneously with the rest of the draft documents. He stated it is important that the Planning staff know that those two items will be held back as they review the documents this week and that the consultants know as they proceed through the public hearing process. Commissioner Goehrung stated he feels it is important to gain input from the con- sultants during review of the sign code, questioning if holding that item for a while will eliminate that possibility. City Manager Wysocki stated the consultants have met their contractual requirements for the sign code. He noted that if the Commission wishes additional input, they may con- tract for it. He then stated that to include the sign code in the initial review process could result in a six-month delay in implementing the zone code revisions. He noted a similar situation arises with the historic preservation section, which has areas which must be extensively addressed. 09-18-89 -12- The City Manager reminded the Commission that they had previously approved this zone map change and provisionally adopted this ordinance at their meeting held on Septem- ber 11. He then recommended that it be finally adopted at this time, It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1282, amending the zoning designation from A-S to RS-1 on the Remainder Parcel of Certificate of Survey No. 748A, The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Coehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Continued discussion - possible revision of Ordinance No. 1240; establishing criteria for appointment Planning Board members City Manager Wysocki stated that included in the packets was a copy of the Interlo- cal Agreement which was approved by the Commission at their meeting of September 11, He stated the City Attorney has also prepared a list of questions for the Commission to consider during its deliberations on this issue. He then noted that the Commission has received letters from Donald and Annette Osen, 1520 Bluebird Lane, and Charles Paden, 507 Ice Pond Road, under "FYI Items" concerning Mr. Craft's consulting work while serv- ing on the City-County Planning Board. In response to a question from Mayor Stiff, City Attorney Becker stated that under State law, if a person is needed to make a quorum and has a conflict, he may publicly dis- close that conflict and remain as a voting member. He then stated the by-laws of the City-County Planning Board would be subservient to the State statutes; and he feels the City appointees would be subservient to the City's code of ethics. Mayor Stiff stated the Planning Board's by-laws stipulate that if a member declares a conflict of interest, he is not to participate; the City Attorney concurred. Responding to a suggestion that the Planning Board by-laws be revised to address the issue, the City Attorney reminded the Commission that the Planning Board establishes its by-laws, not the City Commission. He suggested if the Commission wishes to establish the parameters to address the issue, it should do so rather than relying on the Planning Board to adjust its documents to reflect the Commission's position. The Commission then discussed the questions listed by City Attorney Becker for this agenda item. Commissioner Hawks stated he has been vocal in his support of the City's code of ethics; however, he feels it could eliminate people in certain disciplines from serving on the Planning Board, He noted the Board is advisory, questioning the rationale of a policy which eliminates a segment of the population from participating on such a body. The Com- 09-25-89 -13- missioner then suggested that a Board member be required to disclose any conflicts and to specify whether he is on a flat fee or contingent fee, noting that information would help in determining the extent of his involvement in the project, Commissioner Vant Hull stated she feels the current code of ethics is good on the whole. She suggested that professionals, such as architects or engineers may not encoun- ter conflicts like a consultant who is hired to serve as an advocate and ensure the best possible presentation of the project. She noted such a distinction could be beneficial, since she feels the roles are very different. The Commissioner then suggested a section could be added to the code which would address the special conflicts which can be found on autonomous boards, She suggested that it stipulate that if a board member has been a recent employee of the department it oversees, that board member will abstain from voting on evaluation of employees for a one-year period. Commissioner Martel stated strict interpretation of the City's code could eliminate many members of boards and committees. He also noted the City's code is not in harmony with the State statutes or the Planning Board's by-laws. He then expressed concern that the code could cause an applicant to engage two people to represent an application if one is a Board member, in order to circumvent the code. Commissioner Goehrung noted the City Attorney interprets that board members are employees of the City Commission, since the Commission appoints them and has the power to remove them. He noted Commissioner Vant Hull's concern and suggested that if a board member finds it necessary to disqualify himself a certain number of times, such as three times in a quarter or a six-month period, his position on that committee will be recon- sidered by the Commission. Mayor Stiff stated he does not feel the code of ethics should eliminate professionals and expertise on committees. He stated that ethics is not so much what he or the indi- vidual Commissioners feel, but what the community perceives, He stated when an indi- vidual acts as a agent for another person, he takes on responsibility for the presentations made to the various City bodies. He stated he does have a problem with an individual, who is serving on a board which is delegated responsibility for zoning and planning de- cisions and who has responsibility for evaluation, wage increases, hiring and firing of the very people who make the presentation, representing an application before the Commission. He noted that the Commission has been told that a planner should be able to stand up against pressure and support what he believes is in the community's interest, noting the City's staff has stood that test well recently. He stated, however, he feels it is a prob- lem; and if the Commission does not address it, they will face severe credibility problems in the community. Commissioner Hawks, in addressing Commissioner Vant Hull's suggestion, stated he 09-25-89 -14- feels it is very difficult to differentiate between professionals and advocates, noting that is often the same individual. He stated he does like the suggestion of limiting the number of disqualifications permitted in a given period of time. He noted the Commission still has the authority to remove an appointee if it determines that is best. Mayor Stiff expressed concern about that concept. He suggested the public is enti- tled to more than this alternative would provide. City Attorney Becker stated his main concern is the smell of impropriety_ He noted concern about having a board or committee appointee appear before the Commission and ask a 9 for pproval project. The City Attorney then noted the only statutory requirement for serving on the City-County Planning Board is that one must be a resident freeholder. He noted the Planning staff has the expertise to evaluate the application and submit its find- ings to that board; and the applicant is usually a professional or hires a professional to represent him before the various bodies. City Manager Wysocki noted It appears to be the consensus of the Commission that what is in place is not working. He then asked the Commissioners if they feel the State statutes are adequate, A majority of the Commissioners concurred that the code of ethics as set forth in the State statute is not adequate, noting a more restrictive code is desir- able. Commissioner Hawks stated he agrees the issue of public perception must be ad- dressed. He then suggested that a Planning Board member be allowed to do behind-the- scenes work on an application but not be allowed to appear before a public body. The Commission discussed this suggestion, expressing concern that to implement this type of requirement could cause the applicant to hire another person simply to read a script before the public bodies; and it only addresses the issue cosmetically. The City Manager then asked in what areas the State statutes must be supplemented to provide an acceptable code of ethics for the City. Commissioner Goehrung stated he feels a mechanism should be implemented that would not only cause a person to declare the conflict of interest, but would also remove that individual from participation in the vote. Commissioner Hawks concurred, noting the person should not be able to vote, whether there is a quorum or not. Commissioner Vant Hull stated that the person should be eliminated from the pos- sibility of discussion as well as voting. Commissioner Martel concurred, noting the person should relinquish his right to discuss or vote. City Attorney Becker reminded the Commission that is what the City's current code of ethics provides, noting it does not prohibit a person from serving on a board. 09-25-89 -15- Mayor Stiff stated that the conflict which arises when an appointee to a board rep- resents an applicant before the Commission, where he is the employer of the staff member who presents the staff report, is the issue which causes concern. He stated In that type of situation, one individual is wearing too many hats; and the issue needs to be addres- sed. Commissioner Hawks asked if that concern doesn't eliminate any consultant from serving on the Planning Board, Mayor Stiff reminded the Commission that when they established their goals for this fiscal year, the top goal under "government operations" included review of appointments to boards and commissions in light of the number of persons serving on more than one board. He noted that since the goal surfaced at the top, at least a majority of the Commission must have felt the issue was important. He then asked if that item should be considered in conjunction with this issue, Commissioner Martel suggested that if a Planning Board member represents an appli- cant through the process and becomes rather demanding of staff time or tries to dictate the end result, the staff member should be encouraged to submit this problem to the Plan- ning Board as a whole. The City Manager noted the concept is good; however, in reality the staff members would be very hesitant to take such action. He once again reminded the Commission that the perception of impropriety is an issue which must be considered. Commissioner Hawks noted that under the new process, most of the controversial items should be addressed during the Development Review Committee process, where many different staff members are present. He suggested this should help to reduce any undue pressures on an individual planning staff member. City Attorney Becker cautioned the Commission they should not put the staff in a position of having a Planning Board member represent an application. He suggested that, rather than encouraging a "back room approach", the Commission should prevent it. He stated when one wears the public hat of trust, one must divorce himself from certain things. Commissioner Hawks noted that hopefully a good relationship exists between the Planning Board and planning staff. He further reminded the Commission that decisions are made by the entire City-County Planning Board, not just one individual. Mayor Stiff asked what would happen if the City develops a policy It feels is good; and the County appoints someone who comes before the City Commission representing an applicant. City Attorney Becker reminded the Commission that the City-County Planning Board will be acting as the City's Zoning Commission after its structure is revised. He suggest- 09-25-89 -16- ed that in that capacity, all appointees would be required to comply with the City's code of ethics. Planning Director Andy Epple asked how many times this type of situation has aris- en. He noted this is the first time he is aware of where the conflict of interest issue has been raised over actions of a City-County Planning Board member; and he questioned whether it is worth rewriting the City's code of ethics to address this isolated case. Commissioner Hawks stated this controversy has arisen because of the types of ap- plications being represented. He noted that when he served on the City-County Planning Board, one member did represent applications; however, he did so on a limited basis and where the applications did not create controversy. Planning Director Epple stated this seems to be a rare occurrence even though de- sign professionals have served on the Planning Board for many years. He then noted that Montana's statutory composition is different from that listed in planning textbooks. He noted that under the textbook approach, the intent of planning boards is to have lay- people serve, noting they usually make good decisions. He noted that professionals rep- resent the applicant; and the staff which reviews those applications is comprised of pro- fessionals. He noted the State statutes require that two official members with expertise must be appointed; however, the remaining two may be lay-people. He further noted that under the statutory composition of this Board, this is a unique situation and encouraged that it be addressed as such. City Manager Wysocki asked if the Commission wishes to revise the code of ethics or if they wish to reaffirm the existing code. Commissioner Goehrung suggested that the Commission defer appointments to the Planning Board a period of one week. He indicated that during that period of time, the Clerk of the Commission could be instructed to contact the eleven who have filed applica- tions for the Board, asking them if they are willing to accept the provisions of the City's code of ethics. He noted this may eliminate some of the applicants; however, that is their decision to make. He also suggested that if an appointee later decides to represent some- one before the Planning Board or Zoning Commission and the City Commission, an immedi- ate letter of resignation would be necessary. Mayor Stiff stated he feels it is better to leave the code of ethics in ordinance form rather than putting it into resolution form, noting that is close to "situation ethics", which should be avoided. He then stated support for Commissioner Goehrung's suggestion. Commissioner Hawks expressed concern that this approach will eliminate four of the applicants. Commissioner Martel stated concern about this proposal. He noted that people have submitted applications in response to the newspaper advertisement; and now they are being 09-25-89 -17- requested to comply with requirements which were not previously spelled out. Following this discussion, Mayor Stiff noted a majority of the Commissioners wish to reaffirm the code of ethics as set forth in Ordinance No. 1240. The Commission discussed whether a member of the Planning Board should be af- forded the opportunity to represent himself in an application before that body. The City Attorney suggested that the problem seems to arise when a member of the board serves as a "hired gun" for an applicant, rather than when he represents himself on his own project on his own property. Planning Director Epple noted that one current County appointee would fit into that category. He then stated that individual is also a professional who has had one of his busiest design years; however, he has not had a single project before the Planning Board. The Commission then discussed the process under which the Clerk of the Commis- sion is to contact the applicants. It was determined that the applicants should be provid- ed with a copy of the City's code of ethics and any other applicable codes. It was also decided that those individuals should be required to sign a statement indicating whether they wish to have their applications remain on file, rather than accepting a verbal indi- cation. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission delay appointment of applicants to the City-County Planning Board for a period of one week; and direct staff to contact the applicants individually and let them know that by serving on the City-County Planning Board, they will be ineligible to repre- sent applicants before the Planning Board or the City Commission and that if they decide to represent applicants, a letter of resignation would be in order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No being Commissioner Hawks. Appointments to City-County Planning Board City Manager Wysocki noted that, due to action taken on the previous agenda item, this item will be delayed for a period of one week, Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda for the Highway Commission meeting to be held on Monday, October 2, in Kalispell. (2) Copy of a letter from the EPA to Don Noyes announcing the City as a winner 09-25-89 r - 20 - from commenting on micro elements of the report; however, much of the input from the County Commissioners to the consultants included that type of comment. She further noted that two of the three County Commissioners have attended the ad hoc implementation committee meetings while only one of the five City Commissioners has done so. She noted it will take longer for the City Commission to be ready to adequately address the various elements of the proposed plans. The Commissioner then expressed concern that one of the County Commission's suggestions is that the mission statement, which the City Commission had requested be included, be deleted. City Manager Wysocki suggested that any questioned statements or Issues be left in the draft plans, noting that testimony received during the public hearing can help to make the determination of what should be left in and what should be removed. Commissioner Hawks stated there is plenty of room for compromise and to gain a consensus on many of the issues in the draft report. He noted that at the present time, the conceptual aspect is being considered rather than establishment of specifics. Commissioner Vant Hull and City Manager Wysocki indicated they plan to attend Wednesday morning's meeting. Appointments to City-County Planning Board City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan indicating that she contacted the eleven applicants; and all of them have signed a statement indicating they will not represent clients before the City-County Plan- ning Board or the City Commission while serving on the Board. He noted that a copy of the statement read to the applicants and a copy of the statement signed are attached to the memo. Commissioner Hawks reminded the Commission of the critical stage in which the planning and zoning processes are at the present time. He suggested that the State law requires that two of the appointees be from a technical background, encouraging that more technical people be appointed at this time to help the process move forward as well as pos- sible. He noted that he served on the City-County Planning Board during comprehensive revision of the existing Master Plan, and he feels that the lack of expertise on the Board at that time was a deterrent in developing the best plan possible. The Commissioner fur- ther stated he feels that the appointees should represent as diverse a cross-section of the community as possible. Mayor Stiff noted the Commission has not received a letter of resignation from Amy Bartell, questioning whether that position should be filled. Some of the Commissioners in- dicated that she and her husband have moved from the community and have accepted po- sitions at another university. They then concurred that someone should be appointed to t0-02-89 21 replace her, even though a formal letter of resignation has not been submitted. The Commission then discussed whether Jeff Rupp's application can be considered, since he lives outside city limits. Commissioner Vant Hull stated a conversation with the City Attorney revealed that the City could amend the interlocal agreement to allow the City to appoint one member from the Jurisdictional area and ask the County to approve the amended agreement. She noted the amended agreement could then be submitted to the Attorney General's office for ap- proval. Commissioner Goehrung indicated he is not certain this type of change should be made at this time. City Manager Wysocki stated the City Attorney called the Attorney General's office this morning and found that the office has not yet addressed the agreement which has been submitted for review. He then reminded the Commissioners that if they withdraw the agreement currently in that office and submit an amended agreement, the entire timeframe starts over again. Commissioner Hawks suggested there might be a slightly negative reaction from the County if the City proposed an amended agreement so soon after signing of the original agreement. He then encouraged the Commission to let the current process move forward, suggesting that a revised agreement might be more favorably considered by the County after the initial appointment process has been completed and the revised City-County Plan- ning Board is in place. In response to a question from City Manager Wysocki, Planning Director Andy Epple indicated the State statute does not specify that two technical people be appointed to the City-County Planning Board; however, the Board's by-laws do. The City Manager reminded the Commission that the Board's by-laws are not bind- ing on the Commission; therefore, they may appoint members without any technical exper- tise. Commissioner Martel expressed concern about the language contained in the state- ments which the applicants were required to review and sign. He noted the code of ethics does not specifically state that a board member will not appear before the board or the City Commission; however, the signed statement does require them to make that type of commitment. The City Manager reminded the Commission that these statements were prepared at the Commission's direction; and he feels they accurately reflect the action taken at last week's meeting. He further noted that all eleven applicants signed the statement, indicat- ing their willingness to abide by these rules; so, he does not feel this is an issue. Commissioner Goehrung noted the issue of multiple appointments to boards has been 10-02-89 i - 22 - raised and discussed in the past. He then asked if the Commissioners need to consider this issue once again before making appointments. The Commissioners determined this is not an issue given the present slate of applicants. City Attorney Becker reminded the Commissioners of the City code requirements for appointments to the Zoning Commission, citing Section 2.68.020. He noted one member is to hold a concurrent office on the City-County Planning Board and one is to hold a con- current office on the Board of Adjustment. He noted the Commission is making appoint- ments to the City-County Planning Board only at this time; however, he reminded them of their stated intent to appoint the City-County Planning Board to serve as the City's Zon- ing Commission after the revised Board is in place. He suggested that appointments should be made with that in mind so its composition is in conformance with the City's reg- ulations. The Commissioners then reviewed the applications to determine which of the appli- cants could fill these two required positions. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission appoint Riney Bennett to serve as the cross-over member to the Board of Adjustment. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission appoint Ralph Johnson to serve as the cross-over member to the Zoning Commission. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that Roger Craft and Keith Swenson be appointed to the City-County Planning Board. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No be- ing Commissioner Vant Hull. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the terms of the new appointees be established as follows. that Riney Bennett be appointed to replace James E. Banks, with a term to expire on December 31, 1991; that Roger Craft be appointed to fill his own term, with a term to expire to December 31, 1990; that Keith Swenson be appointed to replace Amy Bartell, with a term to expire on June 30, 1990; and that Ralph Johnson be appointed to replace Stephan G. Custer, with a term to expire on December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- 10-02-89 - 3 - Ordinance No. 1342 - amending Sections 2.01.010. 2 01 020 2 01 040 and 2 01 070 of the Bozeman Municipal Code re code of ethics for City officials and employees City Manager Wysocki presented Ordinance No. 1342, as prepared by the City Attorney, entitled: lX ORDINANCE NO. 1342 • AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED 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 �!U 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 emplovee 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.D., 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.D., 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 •of 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 Bray'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 0Commissioner Stiff and Commissioner Vincent. Discussion - recommendations from the Tax Increment Financing Industrial District (TIFiDl 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 Bray 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 eat 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 9 value. Commissioner Vincent stated support for Commissioner Frost's comments,noting that this is a program that should attract more attention than it has. The Commission then more fully discussed the issues of public awareness and education, possible lower limits on qualifying projects for commercial structures,and the possibility of seeking a legislative change, expanding on the comments noted above. Break - 4:58 to 5:03 p.m. Mayor Swanson declared a break from 4:58 p.m. to 5:03 p,m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No 1342 - amending Sections 2 01 010 2.01.020, 2.01.940 and 2.01,070 of the Bozeman Municipal Code re code of ethics for City Officials and employees 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 BE AMENDED 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 highlighted the information in the Commissioners' packets, which included a copy of the ordinance, as revised prior to provisional adoption, a copy of the informal survey which was distributed to local architects, and a summary of the responses to that survey. He then reviewed the changes which have been included in the redrafted ordinance, as discussed at the January 13 meeting. He also noted that the summary of the informal survey seems to reflect that it would be extremely difficult for a sole practitioner to serve on the Design Review Board under this ordinance as provisionally adopted. • The Assistant suggested that the only way which staff has identified to avoid this problem is to allow City officials to represent projects before the board upon which they serve simply by announcing the representation, stepping down from the board and not participating in any board discussions or recommendations to the Commission. He then suggested that if the Commission decides to consider this alternative,it should also consider a provision which exempts autonomous 01-27-92 - 10 - boards,since those board members also have personnel authority over the employees in a specific department. He noted that in those situations, the public perception of impropriety would be impossible to overcome. Commissioner Stiff noted that concern aboutthis ordinance,as provisionally adopted,was raised by not only sole practitioners, but by a member of a large firm as well. He then stated he feels it is important to the community that those who wish to participate be allowed to do so. He then stated that he would be comfortable with the proposal forwarded by Assistant Brey above, allowing a board member to represent an application before the board after stepping down from the board. Mayor Swanson noted that the majority of the responses seem to indicate that this ordinance provides the flexibility which they feel is necessary. Commissioner Knapp noted that Answer No. 7 to Question No. 2 accurately depicts the major issue, which is "... the 'perception'of impropriety by the public." She further noted this is a small community with a limited number of professionals who may serve on some of the boards. She then stated that the City will face the issue of impropriety unless it is very careful. She then stated support for proceeding with final adoption of this ordinance as submitted. Commissioner Vincent noted there still seems to be a question about whether the language is acceptable,suggesting that it may be best to further revise the language prior to taking final action on this ordinance. Assistant Brey responded that the Commission must make a determination of whether it wishes to implement this ordinance as proposed, which does not allow an official to represent an application before the board upon which he/she serves,or whether it wishes to have the ordinance revised to allow an official to state his/her conflict, step down and represent an applicant before the board, excluding the autonomous boards from this provision. Following additional discussion, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1342, amending specified •sections of the Bozeman Municipal Code pertaining to the code of ethics for City officials and employees. 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. 01-27-92 ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED 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. P R E A M B L E Amending the existing Code of Ethics for City officials and employees to more specifically address standards of conduct and conflict of interest. WHEREAS, the City Commission of the City of Bozeman, Montana has determined that it is in need of specific expertise on certain advisory boards; and WHEREAS, individuals with such expertise are occasionally required to represent clients before the City Commission; and WHEREAS, the City Commission of the City of Bozeman, Montana has determined that such representation may occur without conflict of interest under certain restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: SECTION 1 That Section 2.01.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: 112.01.010 Declaration of Policy. The proper operation of the City government requires that public officials and employees be independent, impartial and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this Code of Ethics is to set forth standards of ethical conduct; to assist public officials and employees in establishing guidelines for their conduct; to foster the development and maintenance of a tradition of responsible and effective public service; and to prohibit conflict between public duty and private interest. 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." Section 2 That Section 2.01.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: 112.01.020 Definitions As in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: A. "Agency" means the city commission and all other agencies, boards, committees, departments and offices of the city, without exception. B. "City" means the city of Bozeman, Montana. C. "Confidential information" means any information which is not available to the general public and which is obtained only by reason of an official's or employee's position. D. "Employee" means all individuals employed by the city and its agencies but does not include independent Contractors hired by the city, city commissioners, or city judge. D- E. "Financial interest" means any ownership interest, contractual relationship, business relationship or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly which has a value of more than $15, other than his duly authorized salary or compensation for his services to the city, and which interest is not common to the interest of all other citizens of the city. The following financial interest shall be imputed to be those of an official or an employee of the city: that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the city, in which the official or employee or any member of his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. Ir.- F. "Immediate family" means spouse and children. G. "Officials" means all effieials, officers,, and members and empleyees ef the GAy and of the city's agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate and that are not employees. 6: H. "Personal interest" means any interest arising frem bleed, €ice=c=ainteie5t is invelved- in the matter which would affect the action of the official or employee other than a financial interest. and other than an interest because of membership in or affiliation with but not employment by a social fraternal charitable, service educational religious. governmental health service, philanthropic cultural or similar nonprofit institution or organization. M- I. "Transaction" means the offer of, or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly, or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the city or of such other person or entity, for a valuable consideration." Section 3 That Section 2.01.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.01.040 Standards of conduct. A. officials and employees have an obligation to act morally and honestly in discharging their responsibilities. B. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards of conduct. C. Each official or employee serving on a multi-member agency is expected to devote the time and effort necessary to the successful functioning of such agency_ autherAy, board, eemmission or eemmittee, D. No official or employee shall improperly use, directly or indirectly, his City position to secure any financial interest or personal interest for himself or others. f ' E. No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties." Section 4 That Section 2.01.070 of the Bozeman Municipal Code be amended so that such section shall read as follows: 112.01.070 Conflict of interest. A. No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties. B. No official or employee shall have a financial or personal interest, tangibly or intangibly, in any transaction with the City as to which he has the power to take or influence official action unless full public disclosure is made. A eentraet in vielatien f Eei ssion. G. If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the Agency of which he is a member or by which he is employed, such official or employee shall publicly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial or personal interest shall not engage in deliberations concerning the matter, and shall disqualify himself from acting on the matter, and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. D+ C. Nome= employee, whether paid or unpaid, shall represent or appear on behalf of any individual or entity, before any agency of the City, or take any appellate proceedings from any action of such agency, either personally or through an associate or partner. D. No official whether paid or unpaid, shall represent or appear on behalf of any individual or entity in any action or proceeding of concern to the agency on which that official serves, either before that agency or any other agency of the city, or before the City Commission or take any appellate proceedings from any action of such agency or the Commission. Such representation may be made by an official's associate or partner provided no reference to the participation of the involved official is made except for certification or other required identification on prepared documents The involved official shall not engage in deliberations concerning a matter represented by an associate or partner, shall disqualify himself from acting on the matter, and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. E. Nothing herein shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the City or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding. However, no official or employee who represents his own personal interest before an Agency of which he is a member or a member of an Agency to which the matter may be appealed shall participate in the decision of that Agency or the appellate agency." section 5 Repealer; All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. i, eecxion 6 $everability: If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. 0ection y Effective Data: This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at its meeting held on the 13th day of January , 1992. TIMOTHY SWANS , MAYOR ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at its meeting held on the - 27tb day of January , 1992, IMOTHY SW ON, MAYOR ATTEST: a 0 RO IN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: -�ew"///;Lz'a,,e, PATL--JL E City orney h 9 - is to the community as a whole, suggesting that sometimes the decision may not be in the public's best interests. City Manager Wysocki stated he feels the City staff should have an opportunity to meet with one or two Commissioners outside an open Commission meeting, particularly on issues which ®are complex. Now Commissioner Stiff noted much of his concern has arisen from serving as one of two Commissioners on the Valley Unit sub-committee. He noted that recently,the sub-committee met to review a very complex issue and develop a recommendation. He feels that recommendation was not comprehensively forwarded to the Commission, particularly since it had no opposition;and the Commission accepted it with little discussion. He also expressed concern that this type of action seems to suggest that the Commission's work is being done in sub-committee sessions rather than in the public forum. City Manager Wysocki suggested that Commissioner Stiff's concern is based on the fact that he was the lone dissenting vote in the subject situation. Mayor Swanson stated he feels that conversations with staff on complex issues are very •helpful. He also noted that he finds it beneficial to have another Commissioner there, particularly since that individual may ask questions which he has not previously considered. He stated these meetings provide a basis upon which a Commissioner may intelligently act upon a complex item. Commissioner Frost stated he has no problem with the current committee structures, or two Commissioners meeting with staff at one time. He also stated he feels that the code of ethics adequately addresses the issue of someone serving on a board who wishes to speak to the Commission on behalf of oneself. Commissioner Vincent noted his firm belief that public business must be conducted in public meetings. He noted that he has no problem with one or two Commissioners meeting with staff; however, he feels those meetings should be open to anyone who wishes to attend. Mayor Swanson noted the importance of remembering that a committee's rrecommendation is just that, and reflects a general consensus of that group. He noted that when an issue reaches the Commission bench, that is the time for a decision. Commissioner Knapp thanked the Clerk for preparing the table showing the statutory and local authorities for the various boards and commissions, as well as the current listing of board and commission members. She then encouraged the Clerk to proceed with advertising for the 11-23-92 2 - The City Manager reminded the Commission that this project will allow for relocation of the City's Police Department and City Court to the Law and Justice Center, thus allowing for some combining of services between the City and County law enforcement and lower court functions. Responding to Commissioner Frost,the City Manager stated that the City's proportionate share of the previous bid, which was rejected by the County Commission, would have been •approximately $959,000. Responding to Mayor Swanson, the City Manager stated that if the bid is awarded, work should be completed within approximately eight months from the beginning of construction. He estimated that occupancy of the remodeled area will occur at the beginning of Fiscal Year 1994- 1995. Responding to Mayor Swanson, Police Chief Dick Boyer stated that this project has been in the planning stages for three years, following the fire at the Law and Justice Center. He stated that until last Friday, he did not know if there would be a project, so he felt that any efforts to coordinate the Police and Sheriff's Department functions were premature. He stated now that the project is a reality, they will work closely together to create a smooth transition. • Responding to the Mayor, the City Manager stated that the City did not lose anything in terms of space through the rebidding process. He stated that items removed from the project include one entryway,an air conditioning extension,one stairwell and one elevator. He emphasized that these items are items of convenience and do not in any way compromise the project, since there is adequate access, including handicapped access, to the building. The Police Chief noted that the revised project includes restructuring of the remodeling for the District Court offices on the third floor;and a law library has been removed from the project. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize the City's share of monies stated in the memo from City Manager Wysocki. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp, Commissioner Vincent and Mayor Swanson; those Soting No, none. Appointments to Bozeman Tree Advisory Board City Manager Wysocki noted that, included in the Commissioners' packets was a memo from the Clerk of the Commission, dated May 27, listing the seven applicants for this new five- 06-01-93 - 3 - member board. He cautioned the Commissioners that those who are involved in the tree service and nursery businesses could encounter conflicts of interest while serving on this board,and asked that they take this issue into careful consideration when making their appointments. At the City Manager's request, City Attorney Luwe reviewed potential situations which could result in a conflict of interest under the City's code of ethics. He cautioned that the expertise *that may be provided by those in the industry who could incur a conflict must be carefully considered against the possible number of times that a conflict of interest may occur, to ensure that good expertise is not discarded. He noted, however, if it appears that conflicts would occur on such a regular basis that the member would become ineffective, the Commission should carefully consider the wisdom of appointing that individual. The City Attorney forwarded some examples of when conflicts may occur, such as recommendations on awarding of a bid for tree trimming and possibly when developing guidelines and regulations that may affect the tree trimming industry. City Manager Wysocki cautioned the Commission that the first year will be a crucial one for the board, since many of the guidelines for this program will be developed during that period. He suggested that it may be extremely beneficial to utilize as much expertise as possible during that time. It was moved by Commissioner Frost to nominate Ken Baker to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff to nominate Shelly Engler to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost to nominate Michael Derzay to a two-year term on *he Bozeman Tree Advisory Board. The nomination failed by the following Aye vote:those voting Aye being Commissioner Vincent. It was moved by Commissioner Knapp to nominate Steve Gullickson to a two-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those 06-01-93 - 3 - member board. He cautioned the Commissioners that those who are involved in the tree service and nursery businesses could encounter conflicts of interest while serving on this board,and asked that they take this issue into careful consideration when making their appointments. At the City Manager's request, City Attorney Luwe reviewed potential situations which could result in a conflict of interest under the City's code of ethics. He cautioned that the expertise that may be provided by those in the industry who could incur a conflict must be carefully considered against the possible number of times that a conflict of interest may occur, to ensure that good expertise is not discarded. He noted, however, if it appears that conflicts would occur on such a regular basis that the member would become ineffective, the Commission should carefully consider the wisdom of appointing that individual. The City Attorney forwarded some examples of when conflicts may occur, such as recommendations on awarding of a bid for tree trimming and possibly when developing guidelines and regulations that may affect the tree trimming industry. City Manager Wysocki cautioned the Commission that the first year will be a crucial one for the board, since many of the guidelines for this program will be developed during that period. 0 He suggested that it may be extremely beneficial to utilize as much expertise as possible during that time. It was moved by Commissioner Frost to nominate Ken Baker to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff to nominate Shelly Engler to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost to nominate Michael Derzay to a two-year term on We Bozeman Tree Advisory Board. The nomination failed by the following Aye vote:those voting Aye being Commissioner Vincent. It was moved by Commissioner Knapp to nominate Steve Gullickson to a two-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those 06-01-93 - 13 - City Manager Wysocki stated that if a payback process is determined appropriate, a time specific should be attached. He stated that this avoids the potential of administrative nightmares that might arise after several years if a time specific is not attached. Commissioner Stiff stated he feels it is appropriate to fund future capital improvements, particularly in the enterprise fund. Commissioner Frost asked for additional information on paybacks for oversized lines and impact fees for the waste water treatment plant prior to next week's meeting. Mayor Vincent asked that the Commissioners forward any additional questions on this item to the Clerk of the Commission by 4:00 p.m. on Tuesday, so staff had adequate time to respond. He then asked that this item be placed on next week's agenda for further consideration. Break - 5:32 to 5:36 p.m. Mayor Vincent declared a break from 5:32 p.m. to 5:36 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - structure, missiQn statement. guidelinesiv for ad hoc committee review cable television franchising options City Manager Wysocki noted that this draft document, a copy of which was included in the Commissioners' packets, was prepared by Assistant City Manager Brey and Clerk of the Commission Sullivan, based on a draft proposal forwarded by Commissioner Youngman. The Commission reviewed the document, section by section, beginning with the Structure. Commissioner Youngman stated that this section provides that the committee "... meet monthly until September 1, at which time it will provide an update to the City Commission." She noted this is in direct conflict with No. 2 under Objectives, which states "Final recommendations ... will be presented to the City by September 1, 1994." She then suggested that the language from the Objectives section be repeated under the Structure section; the Commission concurred. Commissioner Youngman then suggested that the composition of the committee be revised, to provide for two to four interested consumers. She stated that this will allow for 03-14-94 - 14 - some flexibility during the appointment process, helping to ensure that a well-balanced committee is developed. The Commissioners concurred with this proposed revision. The Commission then reviewed the Mission Statement. Commissioner Youngman suggested that the last sentence be revised to state "Should the committee recommend, and the City Commission decide to proceed with, the development of a cable tv franchise agreement, ...". The Commission concurred. The Commission turned its attention to the Guidelines portion of the document. Commissioner Stiff stated concern about No. 5, which references the City's code of ethics. He questioned whether it is appropriate to impose the code of ethics, and its conflict of interest provisions, on a committee that will be comprised of people who will have conflicts of interest on a rather regular basis. He then proposed that this section be eliminated. City Attorney Luwe stated that, even if this item is deleted, the code of ethics will still apply because of the way it is written. He then proposed that the language in No. 5 be amended to read "...who has a personal or financial interest ... to more accurately reflect the provisions of the code of ethics. He emphasized that if a committee member has a conflict, • he/she must announce that conflict and may participate in neither the discussion nor the vote. Commissioner Youngman suggested that if the Commission makes its appointments carefully, it may be possible to create a committee that does not encounter conflicts of interest on a regular basis. She noted that those who would encounter conflicts of interest frequently could possibly be used in other ways, i.e., resource people. City Manager Wysocki suggested that the committee could be created with full voting members and ex officio members. He noted that this would allow those who would encounter conflicts of interest to serve, attend and participate in all meetings of the committee. Mayor Vincent stated support for that concept, noting that the total of the voting membership and the ex officio members could be within the twelve-member limit proposed under Structure. Mr. Don Branton, TO Cablevision, stated he feels that his business should be represented on the committee, stating that he feels that serving as an ex officio member would be appropriate. Under Guidelines, Commissioner Youngman suggested that No. 3 be revised to state 03-14-94 - 13 - continue with the current format or possibly change it to provide for a more informal session in the Conference Room, with the meeting then relocating to the Commission Room at a specified time for a work session in a more formal setting. Responding to Mayor Stiff, the Commissioners generally agreed that breaks should • continue to be upon request rather than at a scheduled time. City Attorney Luwe noted that, distributed just before the meeting, was a memo dated January 8, attached to which was a copy of the State's code of ethics. He then stated that Section 2.01.020.E. of the Bozeman Municipal Code references a $15 limitation on financial interest, which does not apply to gifts. He noted that the new State code of ethics, as set forth in Chapter 2, Part 1, of the Montana Code Annotated, includes the definition of "gift of substantial value" as a gift with a value of $50 or more. City Attorney Luwe recognized that the code of ethics requires some discretion in its application. He cautioned that if an individual is buying a Commissioner lunch or some other gift and has a project pending before the Commission,then a definite conflict of interest exists even though the amount of the gift may be small. • Responding to Mayor Stiff, the City Attorney reiterated that if the value of the movie passes offered Commissioners each year exceeds $50 because of the number of times it is used, then it is considered a gift of substantial value. Commissioner Rudberg stated that one's conscience and judgment must also enter into the equation. She noted that if an offer or gift "feels bad",then it should not be accepted, not matter what its value. City Attorney Luwe encouraged the Commissioners to visit with him about specific instances where it is difficult to ascertain whether a violation of the code of ethics may exist. He stressed the importance of recognizing that several variables enter into the equation, and they must all be taken into consideration when making the determination. Due to the late hour of the meeting,the City Attorney suggested that the Commissioners may raise additional questions about this issue at next week's meeting. (C) Discussion re future work session agenda items Due to the late hour of the meeting, this item was deferred to next week's meeting. 01-12-98 - 11 - County Attorney offices will provide legal advice although,he noted,neither office has the legal staff to meet this need. He stated that, since the Planning Board meeting was an open, duly noticed, meeting and the three Commissioners in attendance were not acting as a body, no additional notice was needed. • Commissioner Rudberg suggested that this may be the time for a work session at which the Commissioners could forward their concerns about some of the other boards. She noted that, in some instances, an Attorney General's opinion may be needed. City Attorney Luwe noted that on some issues, the opinions would come from the Commissioner on Political Practices. Commissioner Frost requested that this item be placed on an upcoming agenda for further discussion. Decision-Conditional U.1g Permit for Planned Unit Development-Lowell Springer for Castlebar Limited Partnership - allow the development of a 72-unit apartment complex on 6 748-acre Q tract of land described as Lot 3. Annie Subdivision. Phase II (1200 North 25th Avenue) (Z-98144) 52 This was the time and place set for the decision on a Conditional Use Permit for a Planned Unit Development, as requested by Lowell Springer on behalf of Castlebar Limited b C Partnership under Application No. Z-98144, to allow the development of a 72-unit apartment complex on a 6.748-acre tract of land described as Lot 3, Annie Subdivision, Phase II. The Cx subject property is more commonly located at 1200 North 25th Avenue. Included in the Commissioners' packets were a notebook prepared by the Human Resource Development Council in response to questions raised by the Commission and a memo �r. from Senior Planner Dave Skelton, dated October 27, forwarding staff comments on the issues that have been identified. Senior Planner Skelton stressed that the memo provides his preliminary responses to the handbook which has been submitted to the Commission. He reminded the Commission that • the Planning Board, on a vote of 8 to 1, has forwarded a recommendation for conditional approval, and the applicant has requested modifications to Condition No. 11 to allow for foundation only permits prior to the installation of the traffic signal and to Condition No. 37 regarding the trail system. 11-02-98 - 12 - Mayor Stiff stated his appreciation for the manual, recognizing that,to some extent, the issues are Bozeman issues rather than issues revolving around this specific application. He then asked about the enforceability of the management plan and ensuring that the site does not have a negative impact on the area. City Attorney Luwe indicated that he has not had an opportunity to review the materials which have been submitted and is, therefore, unable to respond at this time. Assistant City Manager Brey stated that under the tax credit program,the affordability of these units is guaranteed for forty years. He noted that if any penalties are incurred, they date back to day one of the project,which makes it cost prohibitive to depart from compliance. He noted that violations also result in a permanent inability to participate in the program in the future. Responding to questions from Mayor Stiff, the City Attorney stated he will try to be ready to address the issues during next week's work session. He also indicated that staff will attempt to identify the problems created by Arcadia Gardens and how to mitigate them with this project. Responding to Commissioner Rudberg, the Senior Planner stated that the six points on Page 3 of his memo are designed to serve as points of discussion and are not necessarily recommended as conditions. Commissioner Smiley stated that, with on-site management, she feels this housing development will be substantially different from Arcadia Gardens. She then stated that"people act out at every level of income", and it is not fair to classify everybody who lives in affordable housing. She stated that she lives only a block from the student housing on campus and she finds "it's just not a big deal". She recognized that the project looks like apartments, simply because that is what they are. Responding to Mayor Stiff, the City Attorney stated that, since the Commission has closed the public hearing and no additional public comment may be received,it may vote at this • meeting. Responding to Commissioner Youngman, the City Attorney stated that on previous projects, the restrictive covenants have been approved by the Planning Department, based on the conditions imposed by the Commission and confirmed that the City has been a party to the covenants and any amendments. 11-02-98 13 - Commissioner Frost announced that he will abstain from voting on this item to avoid the appearance of a conflict of interest. Mayor Stiff stressed that none of the Commissioners are opposed to affordable housing. He stated, however, that because of the concerns raised by his neighbors, if the Commission chooses to vote today, he may be unable to support this application. Responding to Commissioner Rudberg, City Attorney Luwe stated that Commissioner Frost is subject to the provisions of both State law and the Bozeman Municipal Code regarding a conflict of interest. He noted that the City code is more restrictive than State law, including personal and financial gain, and director indirect benefit. He suggested that when an employer benefits from a contract, then the employee could accrue an indirect benefit, and that would result in a conflict of interest under the City code. He stated that Commissioner Frost has made the decision that an appearance of conflict exists and, under the Commission's rules of procedure, he has declared that conflict and not participated in discussion. He then stressed that, even though the employer may segregate the funds for the various programs, the employer still benefits from this decision. 0 The City Attorney noted that the doctrine of necessity may be invoked if a quorum is needed or a Commissioner is required to vote so the Commission can reach a decision. He stated that, before it can be invoked, the Commission must reach a 2 to 2 vote. He then indicated that, if the Commission wishes, it may choose to operate outside its rules of procedure,which will address the City's code of ethics but does not address the State statutes. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission operate outside its rules of procedure on this agenda item. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,Commissioner Frost,Commissioner Youngman,Commissioner Smiley and Mayor Stiff; those voting No,none. Brgak - 55:05 to 5.22 pm. Mayor Stiff declared a break from 5:05 p.m. to 5:22 p.m., in accordance with Commission policy. 11-02-98 - 14 - Decision (continued)-Conditional Use Permit for Planned Unit Development - Lowell Springer for Castlebar Limited Partnership- allow the development of a 72-unit apartment complex on 6.748-acre tract of land described as Lot 3. Annie Subdivision Phase II (1200 North 25th Avenue) (Z-98144) City Attorney Luwe advised Commissioner Frost that he has a conflict of interest, and noted that he may choose to proceed outside that legal advice if he wishes. He noted that if • Commissioner Frost abstains at this time and the Commission reaches a 2 to 2 decision, he may then invoke the doctrine of necessity and the next step would be to disclose the potential conflict to the Secretary of State prior to action being taken on this agenda item. He stressed that this process would result in better protection for the Commissioner. Commissioner Frost stated he will not go against counsel's advice and will, therefore, abstain from voting. Senior Planner Dave Skelton suggested that the Commission may wish to consider adding conditions to ensure that the restrictive covenants address the nuisances outlined in the zone code, provide additional restrictions regarding the limitation of outside storage of materials,equipment and accessory items, and provide that the City is a party to the covenants • and any amendments. Commissioner Youngman suggested that potential concerns about social activities could possibly be addressed through establishing time limitations for those activities which are large or held outdoors;a majority of the Commissioners indicated they were not interested in adding that type of condition. Commissioner Youngman then suggested that, in addition to the added conditions suggested by Senior Planner Skelton, the Commission add language to Condition No. 10 to require access to the construction site from West Oak Street only; change Condition No. 11 to allow for the issuance of foundation only permits prior to the installation of the traffic signal; change Condition No. 37 as suggested by the applicant; and add Condition No. 38 to require that the applicant install playground equipment, a tot lot and picnic tables in the open space. • Commissioner Rudberg stated she cannot support giving this area in the community "bookends" by approving this project, particularly in light of the concerns voiced by the residents of the Brentwood Subdivision. It was moved by Commissioner Youngman,seconded by Commissioner Smiley,that the Commission approve the Conditional Use Permit for a Planned Unit Development,as requested 11-02-98 - 20 - proposed, for review and approval by the Planning Office prior to final site plan and approval; 37. That the applicant provide written documentation of a determination by the Recreation and Parks Advisory Board regarding the need for a public trail system through the subject property. Should the Recreation and Parks Advisory Board determine that a public trails is appropriate through said property, the applicant will design and install a public trail to current City trail standards connecting both phases during the development of Phase Il of the project,and that the site plan will be revised accordingly to delineate the location of the trail,for review and approval by the Planning Office prior to final site plan approval; 38. The applicant shall install playground equipment, a tot lot and picnic tables in the common open space, and the site plan shall be revised accordingly to depict said improvements,for review and approval by the Planning Office prior to final site plan approval; 39. The protective covenants shall be revised to address the nuisances outlined in the zone code and to provide additional restrictions regarding limitations on the outside storage of materials,miscellaneous equipment and accessory items, for review and approval by the Planning Office prior to final site plan approval; and 40. The protective covenants shall include provisions making the City of Bozeman a party to the covenants and any amendments thereto,for review and approval by the Planning Office prior to final site plan approval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Smiley;those voting No being Commissioner Rudberg and Mayor U `� Stiff. Commissioner Frost abstained. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this item be brought back in a special meeting on November 9 for a decision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Recess - 5:40 p.m. Mayor Stiff declared a recess at 5:40 p.m.,to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 11-02-98 - 9 - 36. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; • 37. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 38. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to issuance of any building permits, final site plan approval or commencement of the conditional use; 39. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns; 40. That all of the special conditions shall be consented to in writing by the applicant; and 41. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, also submit a written narrative outlining how each of the above conditions of approval have been satisfied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor Stiff. Work Session-(A)Presentation re naming of trail-Gallatin Valley Land Trust, (B)Presentations from Street/Sanitation Superintendent re(1)automated garbage collection system and (2)out- of-state travel; and (C) Continued discussion re writino of minutes (A) Presentation re naming of trail - Gallatin Valley Land Trust Mr. Gary Vodenhal,resource specialist for the Gallatin Valley Land Trust,stated that Mr. Chris Boyd was a co-worker and personal friend. He noted that Chris Boyd's efforts on the Main Street to the Mountains trail project are recognized by everyone and, to honor those efforts, the Gallatin Valley Land Trust is asking that the trail in Burke Park be renamed from the "Highland Ridge Trail" to the "Chris Boyd Trail". Two or three benches could be purchased with donations,and plaques could be placed on the benches stating they are in memory of Mr. Boyd and recognizing the donor. He then discussed the details of the proposal. 11-09-98 - 2 - campaigned on runaway spending and wants to look at the budget more in depth, although his initial impression is that things are pretty well in balance. He concluded by indicating an interest in senior citizen issues and problems. Dr. Ken Weaver noted that there are 129 incorporated municipalities and 56 county governments in Montana, and the Local Government Center staff has looked at the plans of government for all of those entities. He noted that, while the plans are remarkably similar, they mask tremendous variations in the manner in which the governments operate. He stated that, effective July 1, 2001, Bozeman has the Commission/Manager form of government with self-government powers, and its underlying powers and authorities are specified in State law. Dr.Weaver encouraged the Commission to consider changing the form of government to a charter, noting that can be accomplished through a study commission in 2004, appointment of a committee now and placement of the question on the ballot when the committee has completed its work, simply placement of the issue on the ballot, or citizen initiative. He indicated that a charter provides clarity of roles and powers C in a single document and can impose the limitations on taxation with which a local community may be comfortable. 1 Responding to City Manager Johnson, Dr. Weaver stated that a significant percentage of incorporated communities and counties had local government study commissions in 1984 and 1994, and he does not anticipate that trend will change in 2004. He indicated that those who choose not to have a study commission are generally located in the eastern part of the state. j The Commissioners went through a series of case studies regarding open meeting laws,preparation '-�J of agendas,quorum issues,maintaining decorum and control in Commission meetings,public input following the close of a public hearing, abstentions, policy making versus micro-management, code of ethics and public perception. Dr. Weaver concluded his portion of the presentation by distributing a memorandum on roles ands. P responsibilities under the Commission/Manager form of government. Director Jane Jelinski turned the Commission's attention to emergency planning, noting that all municipalities in Montana have signed agreements to be part of their respective County emergency operations plan. In view of the September 11 events and Mayor Giuliani's role, there has been renewed interest in emergency planning at the municipal level. She characterized Gallatin County's emergency operations plan as a good one, noting that it is important for the Commissioners to know what their roles are in the event of an emergency. Director Jelinski noted that there has been a significant change in mail handling procedures since September 11 in response to the anthrax scares. She noted that those agencies with mail handling procedures that meet the new protocols will not be required to shut down if there is an anthrax scare; however,those agencies that have not implemented the new procedures will be required to shut down until a determination has been made. The Director turned her attention to security of staff and facilities. She cautioned that Montana is a direct route from the unprotected Canadian borderto Salt Lake City. She also identified computer security as a key issue, particularly in light of virus attacks and cyber-terrorism. She concluded by noting some people feel the most likely conduit for bio-terrorism is through livestock, so they are trying to get the veterinarians involved. The Commissioners thanked the members of the Local Government Center for their presentation. Break -4:52 to 7:00 p.m. Mayor Kirchhoff declared a break from 4:52 p.m. to 7:00 p.m. 01-28-2002 - 17 - City appointments to The Garage at City Center(TGCC) Board Included in the Commissioners' packets was a memo from Acting City Manager Ron Brey, dated June 3, 2004, reminding the Commission that under the by-laws of The Garage at City Center, the City Commission is responsible for the appointment of three directors and the joint appointment of one member at large. Acting City Manager Ron Brey reminded the Commissioners that some time ago,they endorsed the agreement for The Garage at City Center, which includes City representation on its board. He noted that the bylaws for that body are more specific, with the City making three appointments and one joint appointment on the nine-member board. He stated there is a potential that the Board will meet prior to recommendations being submitted for representatives from the Parking Commission and the Downtown Bozeman Improvement District Board(IDB)and suggested that the Chairs of those bodies,Chris Pope and Bobby Bear respectively, be appointed in the interim. He then indicated that the Clotfelter group has asked that Jim Pepper be selected as the joint appointment. The remaining position is for a representative of the City Commission. Commissioner Kirchhoff noted he has been involved with this project for some time and would be interested in serving on the Board. Commissioner Krauss voiced concern that Jim Pepper works for Mr. Clotfelter and, as a result, would encounter a conflict of interest. He suggested that this type of relationship results in a code of ethics issue, noting that he would probably be unable to serve on the Board under the provisions of State statute. Commissioner Youngman noted that she does feel Mr.Pepper would do a good job and share useful information. She then noted that half of this Board will have a financial interest in the project. Responding to Commissioner Krauss, Acting City Manager Brey indicated that there has been no solicitation for applicants to date. Commissioner Krauss announced that Mr. Clotfelter serves on the Board for the Museum of the Rockies and, as a result, he works for Mr. Clotfelter indirectly. He views this as a conflict of interest and will, therefore, abstain from voting on this item. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Chris Pope be appointed as the interim member representing the Parking Commission, that Bobby Bear be appointed as the interim member representing the Downtown Bozeman Improvement District Board (IDB), that Commissioner Kirchhoff be appointed as the City Commission representative, and that Jimmy Pepper be accepted as the joint appointment to the member at large position on The Garage at City Center Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala and MayorCetraro;those voting No being Commissioner Youngman. Commissioner Krauss abstained. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Memo from Associate Planner Jami Morris, dated June 7,forwarding the proposed master park plan for Baxter Square for Commissioner comment. Responding to Commissioner Kirchhoff, Planning Director Epple stated that this type of issue is typically handled administratively; however, in this instance, staff is seeking Commission input. He then noted that during consideration of the application, it was felt there was a limited amount of wetland in the park area; however, that area must be expanded and enhanced to obtain Army Corps of Engineers approval. He stated that, if the Commission wishes, staff can bring in a more detailed map for next week's meeting. Responding to Commissioner Kirchhoff, Commissioner Krauss indicated that it is acceptable to count wetlands toward parkland dedication requirements as long as the wetlands are identified as being important to the City. 06-07-04 LINKED MINUTES OF THE POLICY MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA Thursday, October 11,2007 The Commission of the City of Bozeman met in the City Commission Room at City Hall, 411 East Main, on Thursday, October 11, 2007 at 12:30 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City Attorney Paul Luwe, Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmen. 0:06:53 A. Call to Order- 12:30 pm—2:00 pm—City Commission Meeting Room, City Hall, 411 East Main Mayor Krauss called the meeting to order. 0:06:53 B. Pledge of Allegiance and Moment of Silence 0:08:00 C. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:08:05 D. Round Table Discussion (October 1,2007) 0:08:07 Mayor Krauss Mayor Krauss asked that the Round Table Discussion item on the agenda be more specific. 0:08:38 E. Policy Discussion 0:08:42 1. Ethics Ordinance(Luwe) 0:08:44 Paul Luwe, City Attorney Mr. Luwe stated that the City's Charter has a provision that requires an Ethics Ordinance with certain provisions listed within it. Luwe went over his memorandum and staff report including additions and changes that are proposed. 0:13:14 Cr. Kirchhoff Cr. Kirchhoff discussed his support of a local government campaign financing ordinance. 0:17:05 Cr. Rupp Cr. Rupp stated his concern of administrative duties relating to campaign financing. 1 Zoo"7 Bn_enwn Cin•Commission Polio-A1eelin1;1 finuies-0cloher 11, 2007 0:17:31 Cr. Jacobson Cr. Jacobson stated that state law should be followed, but not include the fund raising section of the statute. 0:30:56 Mr. Luwe Mr. Luwe went over section 2.01.070, subsection B regarding financial interests in the Bozeman Ordinance. 0:32:10 Mayor Krauss Mayor Krauss suggested that personal interest be defined. 0.34:00 Mr. Luwe Mr. Luwe stated that a Board of Ethics needs to be created. 0:37:25 Cr. Becker Cr. Becker pointed out standards of conduct in the ordinance. 0:43:31 2. Rules of Procedure(Luwe) 0.43:34 Mr, Luwe Mr. Luwe stated that the Rules of Procedure needs to be put into an ordinance. A special policy meeting section is currently missing and needs to be included along with timing of ordinances. 0:52:14 G. Adjournment Mayor Krauss adjourned the meeting at 1:17 pm. Jeff ss, r ATTEST: Ayul , City Jerk PREPARED BY: Sfacy U66n, ,Ci lty Clerk Approved on I V I'0 VC't26 e,4 r -. v20-0 r1 I D I —Z00 -- 2 Linked Vinwes of the Baseman Cih-Commission A1ee Ling, Oeioher 22,2007 Cr. Jacobson wanted to get this back on a Commission agenda as soon as possible. 6. Appointment to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) Motion and Vote to approve the appointment of Susan Floerchinger, It was moved by Cr. Becker, seconded by Cr Rupp, to approve the appointment of Susan Floerchineer. Those voting Ave being Crs. Becker, Rupp,Kirchhoff,Jacobson, and Mayor Krauss Those voting No being none. The motion carried 5-0. H. FYI/Discussion Mayor Krauss - After checking with the Commissioners, Mayor Krauss stated that thy,N�Ijmber 25 Policy Meeting will be cancelled because there will not be a quorum. - Mr. Kukulski Mr. Kukulski stated that because of the cancelled policy meeting the Neighborhood Recognition Ordinance will come to the Commission for review and approval at a regular Commission meeting in early November. Mayor Krauss Mayor Krauss stated that he wants this to go on a Monday night. Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney stated that because of the cancelled policy meeting and no meeting on October 29 since it is the fifth Monday of the month,the next Commission meeting will be on November 5. 1. Ordinance No. 1729, Budget Administration(Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry stated that per the Rules of Procedure, she needed to introduce the proposal of the draft Budget Administration Ordinance and gave the Commissioners copies of the draft. It will be on the Commission meeting agenda for provisional adoption on November 5 and final adoption on November 19. Mayor Krauss Mayor Krauss asked about when the Charter is effective because the Charter requires them to do an ethics training. Paul Luwe, City Attorney 10 - Z-L Z o o-7 Linked Minutes of the Bomnan ON Commission Afeetinq, October 22.200; Mr. Luwc stated that the Charter will be effective on January 1, and the Commission will have a training some time after January 1. I. Adjournment Mayor Krauss adjourned the meeting. Je a raus , Mayor ATTEST: I EA.'Ago Net M N'd Stacy Olirieti,,W� PREPARED BY C thi a lordaW6elaney, Deputy City Cl Approved on � ,t,� L. / �o-oE Orked,ilinutes nl The lio_eman City C 01?1 ni.V'Si0?7 Ifeeting,Novenrher J. 2n07' The motion carried 5-0. 4:21.55I. FYI/Discussion 4:22:01 1. Commission Salary Ordinance(Kukulski) Mr. Kukulski stated that he needs direction from the Commission regarding the Commission Salary Ordinance. 4:23:04 2. Ethics Ordinance Mr. Kukulski explained that the Ethics Ordinance is in rough draft form but will be coming before the Commission in the near future. 4:24:30 3. Proposed Graffiti Ordinance Cr. Becker stated that he would like to begin the process of forming a Graffiti Ordinance. 4:25:06 4. Streamline Briefing Cr. Becker stated that the Streamline representatives would like to do an update to talk about bus shelters at the Joint City-County meeting on Friday,November 16, 2007. 4:25:28 5. Cr. Kirchhoff Comments regarding the Ceremonial Commission Change Cr. Kirchhoff stated that his last meeting will be December 17,2007. 4:28:39 6. Co-Location of the Law and Justice Center Cr. Jacobson asked for an update regarding the joint Law and Justice Center. 4:33:07 7, Meeting Reminder Ms. Ulmen stated that the next Commission meeting will be Tuesday,November 13,2007 at the City Commission Room. 4:33:22 8. City-County Board of Health/Kirchhoff's Term Ms. Ulmen stated that she was contacted by the City-County Board of Health who wanted to know if Cr. Kirchhoff was going to finish out his term, and if not,who will take over his term. 4:33:36 Cr. Kirchhoff Cr. Kirchhoff stated that he has had scheduling conflicts. 4:36:12 J. Adjournment Mayor Krauss adjourned the meeting at 10:44 pm. 10 ( � - ZD0' 7 Linked Ateeting Minutes of the Bozeman On,CWmnission,November I3,2007 Those voting Ave being Crs.Kirchhoff,Jacobson,Becker, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 1:12:22 4. Provisional Adoption of Ordinance No. 1726,Ethics (Luwe) 1:12:34 Mr. Luwe Mr. Luwe clarified the Ordinance number and went through the proposed Ethics Ordinance, 1:19:15 Public Comment Mayor Krauss opened public comment. 1:19:25 Bill Hayward, 325 Concord Drive, member of the Local Government Study Commission Mr. Hayward read a letter from Loren Olson who chaired the Study Commission asking that the Commission take additional citizen input. Mr. Hayward stated that he supports Mr. Olson's letter. 1:22:44 Brian Close 1140 Cherry Drive, member of the Local Government Study Commission Mr. Close spoke regarding his concerns with the Ethics Ordinance. 1-42:18 Public Comment closed. Mayor Krauss closed public comment. 1:42:24 Mr. Luwe Mr. Luwe followed up on Mr. Close's concerns. 2:08:43 Motion to provisionally adopt Ordinance No.1726. It was moved by Cr. Kirchhoff,seconded by Cr. Jacobson to provisionally adopt Ordinance No.1726. 2:08:57 Discussion 2:11:18 Vote on the Motion to provisionally adopt Ordinance No.1726. Those voting Aye being Cr. Kirchhoff,Jacobson,Becker, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 2:11:46 Break 6 1 1 - 13 Zoc)-� Linked A4inutes ofthe Barenian Citl,Commission Afeetinb, A'orenzber26,2007 4:05:24 Public Comment Mayor Krauss opened and closed public comment.No person commented. 4:05:56 Motion and Vote that we approve the Cemetery Storage Building Site Plan #Z- 07241 with the conditions and code provisions as outlined in the Staff Report to be completed only if funding and resources are made available. It was moved by Cr. Jacobson, seconded by Cr. Becker, that we approve the Cemetery Storage Building Site Plan #Z-07241 with the conditions and code provisions as outlined in the Staff Report to be completed only if funding and resources are made available. Those votive Ave being Crs.Jacobson,Becker,Rupp.Kirchhoff,,and Mayor Krauss. Those votina No being none. The motion carried 5-0. Refer to the Staff Report in the November 26, 2007 packet for the conditions and code provisions. 4:06:27 Suspension of the Rules of Procedure Mayor Krauss suspended the Rules of Procedure for 30 minutes until 10:30 pm. 4:06:44 5. Finally adopt Ordinance No. 1726, Ethics (Luwe) 4:06:57 Mr. Luwe Mr. Luwe presented the staff report. He asked them to make a typo change to correct an error in Section 2.01.160B: 2.01.250 should be 2.01.160. 4:14:19 Public Comment opened. Mayor Krauss opened public comment. 4:14:34 Brian Close-Public Comment Mr. Close resides at 1140 Cherry Drive and represents the members of the Study Commission that wrote this charter. He stated that all four members are very concerned about the statute of limitations provision in this charter being only six months and the immunization opinion. This task force is willing to reconvene to work with the liaison(Mayor Krauss) and the City Attorney to work on these issues to achieve a positive result for City employees and a check and balance method. 4:17:56 Jim Walseth-Public Comment Mr. Walseth stated that he was impressed with the process to create the charter. He advised that where the Ethics Board is concerned, be cautious to make changes to what was approved by the voters after years of work. He supports the suggestion to re-form the task force briefly to try to create changes. 4:19:53 Mayor Krauss !.inked,11inutes of the Bozeman CitY Commission Meeting, November 26,200 Mayor Krauss clarified that they are not actually changing the charter. What the charter says is that the City Commission needs to create an Ethics Board and an Ethics Ordinance. 4:20:32 Cr. Jacobson Cr. Jacobson doesn't think this ordinance is creating an independent Board of Ethics, and she wants the Ethics Board have separate counsel apart from the City Attorney (on a case by case basis). Also, she suggests changing the statute of limitations to two years because six months isn't adequate. The immunity is also a way to completely go around the Ethics Board. She recommends that the Study Commission look at this again. 4:35:40 Suspension of Rules of Procedure Mayor Krauss suspended the Rules of Procedure for an additional 15 minutes. 4:38:00 Mayor Krauss Mayor Krauss stated that he doesn't think it is unethical to act on advice from the City Attorney. 4:44:49 Motion to finally adopt Ordinance 1726. It was moved by Cr. Rupp,seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726. 4:45:06 Clarification of Motion Crs. Rupp and Kirchhoff agreed to the inclusion of changing the typo. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726 and change the typo. 4:45.12 Amendment to Motion It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of limitations to two years. 4:45:30 Mr. Luwe Mr. Luwe stated that he recommends one year based on state statute. 4:45:57 Friendly Amendment to Cr. Jacobson's Amendment Cr. Jacobson made a friendly amendment to amend the statute of limitations to one year, and that was seconded by Cr. Kirchhoff. It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of limitations to one year. 4:46:24 Vote on Amendment It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we change the statute of limitations to one year. Linked Minutes ofthe Bozeman City C'onunission Afeeting. November 26.2007 Those voting Ave being Crs.Jacobson,Becker, Kirchhoff, and Mavor Krauss Those voting No being Cr.Rupp. The motion carried 4-1. 4:47:34 Vote to finally adopt Ordinance 1726 and change the typo. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1726 and change the typo. Those voting Ave being Crs. Rupp,Kirchhoff,Becker, and Mayor Krauss. Those voting No being Cr.Jacobson. The motion carried 4-1. 4:47:54I. FYUDiscussion 4:48:09 Mr. Kukulski Mr. Kukulski clarified the meeting dates for particular items: the Story Mansion and street impact fees on December 10, bus shelters on December 17, and red light traffic cameras on December 13. 4:49:55 Ms. Delaney Ms. Delaney stated that Story Mill will be on December 3. 4:51:15 Cr. Rupp Cr. Rupp wanted the Iraq Resolution on December 17, and Mayor Krauss agreed. 4:52:38 Debbie Arkell, Director of Public Works Ms. Arkell checked about scheduling the curbside recycling business plan on December 10; Mayor Krauss said to move it to January. 4:53:53 Mr. Kukulski Mr. Kukulski said that the first meeting in January will be the swearing in, and in the past they do Consent items and that is it. 4:54:28 Ms. Delaney Ms. Delaney asked about scheduling Consent #5: Ordinance No. 1727, Rules of Procedure; Mayor Krauss said that will be an Action item on December 3. For the Citizen Survey, Mr. Kukulski said it will be at the end of the December 3 agenda after Story Mill, 4:55:04 Cr. Rupp wanted to know about the language change about "the Mayor with the consent of two Commissioners." 4:55:11 Mayor Krauss Mayor Krauss said it says "shall seek the consent." If you don't give the Mayor consent, she can still appoint. ithrures ojrhe Bozeman Ciry•Commission,Augusl 4.2008 Ms. Rosenberry Ms.Rosenberry presented the staff report regarding Resolution No.4117.Final Creation of Special Improvement Lighting District#694,Traditions Subdivision Phase 1. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No.4117,Final Creation of Special Improvement Lighting District#694,Traditions Subdivision Phase 1. It was moved by Cr.Rupp,seconded by Cr.Bryson to approve Resolution No.4117,Final Creation of Special Improvement Lighting District#694,Traditions Subdivision Phase 1. Those voting Ave being Crs.Rupp, Bryson, and Mayor Jacobson. Those voting No being Cr.Becker. The motion passed 3-1. 11. Appointments to the Board of Ethics(Delaney) Motion to appoint Carson Taylor(to a three year term),Rodger McCormick,and Stephen Schultz to the Board of Ethics. It was moved by Cr.Bryson,seconded by Cr.Becker to appoint Carson Taylor(to a three vear term),Rodger McCormick,and Stephen Schultz to the Board of Ethics. Tim Cooper,Assistant City Attorney Mr.Cooper asked that the Commission define the terms for the members. Cr.Bryson Cr.Bryson amended his motion to include Carson Taylor's term as a three year term. Vote to appoint Carson Taylor(to a three year term),Rodger McCormick,and Stephen Schultz to the Board of Ethics. Those voting Ave being Crs.Bryson, Becker,Rupp and Mavor Jacobson. Those voting No being none. The motion passed 4-0. 13 +-- - Z 0 v-9 Linked Afinuies of fhe Bozeman Gly Commission Aleeting,September 2,2008 2. Authorize City Manager to sign the Public Street and Utility Easement for Fallon Street (J & D Family Limited Partnership) Norton East Ranch Subdivision (Stodola) 3. Authorize City Manager to sign the Professional Services Agreement for Planning Services with Prospera Business Network for Preparation of an Economic Development Plan(Saunders) 4. Authorize City Manager to sign the Memorandum of Understanding between the City of Bozeman and Gallatin County to create a New Full-Time Victim/Witness Position,subject to Approval of the Final Fiscal Year 2009 Budget(Cooper) 5. Approve Resolution No. 4125, Approving Alteration/Modification of Contract with Johnson-Wilson Constructors, Inc., and authorize City Manager to sign Durston Road SID 684 Project Construction Contract Change Order No. 3 (Stodola) 6. Rescind Appointment to the Board of Ethics(Ulmen) 0:11:09 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:11:16 Motion to approve consent items E.1-6. It was moved by Cr.Rupp,seconded by Cr.Bryson to approve consent items E.1-6. 0:11:27 Cr. Krauss Cr.Krauss stated that he thought that there was a member of the public that wanted to comment on consent item number 4. 0:11:55 Marty Lambert,County Attorney Mr.Lambert spoke regarding consent item number 4. Mr.Lambert stated that there has not been an increase in this office for quite some time. Mr.Lambert explained the duties of the position and that they would like to hire for the position on October 1,2008. 0:15:46 Cr.Rupp Cr.Rupp stated that he is struggling with Consent item number 6. 0:17:05 Mr.Kukulski Mr.Kukulski spoke regarding the reasoning behind rescinding the position.An elected official cannot sit on the ethics board. 0:17:32 Mayor Jacobson Mayor Jacobson asked the Commission if they were interested in amending the current ordinance. 2 Linked Alinufes of the Bozeman Cilp Commission Afeeling,Sepleinber Z 2008 0:17:43 Cr.Krauss Cr.Krauss wondered if all three appointments should be rescinded. 0:18:17 Cr.Becker Cr.Becker stated that it sounds like a good time to revisit the ordinance. 0:18:56 Amendment to the main motion to remove item E.6 and postpone to the regular agenda next week when we can rescind all appointments to the Board of Ethics pending review of the Ordinance. It was moved by Cr.Krauss,seconded by Cr.Rune to amend the motion to remove item E. 6 and postpone to the regular agenda next week when we can rescind all appointments to the Board of Ethics pendine review of the Ordinance. 0:19:42 Mr.Kukulski Mr,Kukulski asked that the Commission consider September 15th. 0:20:32 Amendment to the amendment to bear this at the next regular meeting. Cr.Krauss amended his amendment to hear this at the next regular meeting. 0:20:40 Amendment to the Amendment seconded. Cr.Rupp seconded the amendment to hear this at the next regular meeting. 0:20:42 Vote on the amendment to remove item E.6 and postpone to the next regular meeting when we can rescind all appointments to the Board of Ethics pending review of the Ordinance. Those voting Ave being Crs.Krauss,Rupp,Bryson,Becker,and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:20:52 Vote on the main motion(as amended)to approve consent items E.1-6(6 was taken out by the amendment) Those voting Ave being Crs.Rupp,Bryson,Krauss,Becker,and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:21:24 F. Public Comment Mayor Jacobson opened public comment. 3 Bocenian City'COflImiSSi0'1 Weeling Minutes,September 15,2008 It was moved by Cr. Krauss seconded by Cr Becker to cancel next week's meeting (September 22, 2008). Those voting Aye being Crs. Krauss Becker Rupp and Bryson Those voting No being Mayor Jacobson The motion passed 4-1. H. FYI/Discussion 1. Ribbon Cutting for the new City Hall Cr. Krauss suggested that the Mayor say a few words and a ribbon cutting take place at the New City Hall. Mr. Kukulski stated that an open house will take place on October 31". Ms. Rosenberry suggested that the Commission may want to consider having a celebration for the new Commission Room instead. 2. Community Tour Cr. Krauss asked that items that were brought up during the Community Tour on September 8"' be added as an agenda item at a future item. Three Commissioners were in favor. The Commission decided to put this item on September 29"'. 3. Impact Fee Advisory Board Committee Ms. Rosenberry stated that three members whose terms expire at the end of this year have stated that they are not interested in serving on the board anymore. This will leave several vacant positions on the Board. 4. Letter from Laura Bush Mayor Jacobson read a letter from Laura Bush who stated her appreciation to the City of Bozeman for their involvement with historic preservation. Mayor Jacobson thanked Planner Courtney Kramer for her involvement. 5. Hiroshima Survivor Dinner Mayor Jacobson reported that she had dinner with a woman that is a Hiroshima Survivor. Mayor Jacobson showed a tapestry that was given to her by the woman. 6. Ethics Board Letter Discussion took place regarding the Ethics Board Ordinance, Attorney Planalp is looking over the Ordinance. Kaaren Jacobson, M or • 11 � — ( S _ ooy Linked Bozeman City Commission Minutes,October 6,2008 3:16:24 3. Acting City Manager Police Chief Mark Tymrak will be the acting City Manager on October 9th and I Oth. Ms. Rosenberry will be at the League Conference in Missoula. 3:17:05 4. Cr. Bryson's daughter's one year anniversary Cr. Bryson stated that today is his daughter's one year anniversary. Happy Birthday! 3:17:27 5. Fox Business Channel regarding Economic Report Mayor Jacobson stated that she was contact from the producer of the Fox business channel who are considering featuring the City of Bozeman's Economy. If they chose Bozeman they would want$19,700 because the airing would benefit the City. The Commission suggested contacting other entities such as the Chamber to contribute funds. Mayor Jacobson asked if the Commission would be interested in allocating funds. Cr. Krauss would like to see the contract. 3:22:01 6. Affordable Housing Cr. Rupp stated that he was a meeting in White Sulphur Springs,and is proud that Bozeman is a leader in taking the initiative in affordable housing as other Cities have not. 3:23:37 7. Jail Bond Forum Mr. Fontenot reminded the Commission of the Jail Bond Forums coming up. 3:26:13 8. Charter Ethics Training Cr. Krauss stated that the Charter requires that the Commission take part in Ethics training. This has not taken place. Cr. Krauss suggested the Local Government Center at MSU. Cr. Bryson suggested Chris Grey. 3:28:21I. Adjournment Mayor Jacobson adjourned the meeting at 9:36 p.m. 1 � Kaaren Jacobson;Mayor ATTEST: to U men, ity Clerk PREPARED BY: 13 (7 - co -- Z d O Bo_mean Cris Connmssion Meeting. October 13. 2008 3:58:27 Stacy Ulmen, City Clerk Ms. Ulmen reminded the Mayor that the rules would need to be suspended to continue the meeting past 10 p.m. 3:59:02 Mayor Jacobson Suspended the rules until after 11:00 p.m. 4:03:53 Motion to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems,Inc.which, acting at the direction of the City, will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition, at least for the first year of the term subject to review the footage will be reviewed by a sworn officer or a police official. It was moved by Cr. Krauss, seconded by Cr. Bryson to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems,Inc.which, acting at the direction of the City, will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition at least for the first year of the term subiect to review the footage will be reviewed by a sworn officer or a police official. 4:04:57 Discussion 4:06:48 Vote on the motion to authorize the City Manager to sign a Contract Agreement with Redflex Traffic Systems, Inc.which, acting at the direction of the City,will implement, maintain and manage the Digital Automated Red Light Camera Enforcement Program at selected intersections in Bozeman on an initial 3-,year term and add to that that we would segregate monies from this into a special revenue fund that will allow us to direct monies to traffic safety programs. In addition,at least for the first year of the term subject to review the footage will be reviewed by a sworn officer or a police official. Those voting Ave being Cr. Krauss, Cr.Bryson, Cr.Rupp and Mayor Jacobson. Those voting No being Cr. Becker. The motion carried 4-1. 4:19:43 1. Potential Amendments to the City's Ethics Ordinance(Planalp) 4:19:55 Mayor Jacobson Mayor Jacobson suggested that items 3 and 4 on the list of potential amendments to the City's Ethics Ordinance be moved to next Monday. No one was opposed. 4:20:48 Bob Planalp, Interim City Attorney Mr. Planalp presented suggestions for changes to the Ethic's Ordinance. 4:22:16 Discussion 5 l 0 - � 3 --20o'S Bozeman City Commission Meeting, October 13.2008 4:23:13 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:23:26 Motion to extend the deadline for the Ethic's Board to complete an Ethic's Handbook. It was moved by Cr.Bryson,seconded by Cr.Rupp that we extend the deadline for the Ethic's Board to complete an Ethic's Handbook. 4:23:55 Discussion 4:24:51 Cr. Brvson amended the motion, and Cr. Rupp seconded to include the statement from one year of the date of their first meeting. 4:25:04 Vote on the Main Motion as amended that we extend the deadline for the Ethic's Board to complete an Ethic's Handbook from one year of the date of their first meeting. Those voting Ave being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 4:25:18 Discussion Discussion regarding the second item listed on the memorandum regarding changes to the Ethic's Ordinance. 4:25:26 Motion that in our ethic's ordinance the definition of elected officials or appointed not include the school board but just be Iimited to that of Bozeman. It was moved by Cr. Rupp, and seconded by Cr.Bryson that in our ethic's ordinance the definition of elected officials or appointed not include the school board but iust be limited to that of Bozeman. 4:25:53 Discussion 4:31:35 Vote on the Motion that in our ethic's ordinance the definition of elected officials or appointed not include the school board but just be limited to that of Bozeman. Those voting Aye being Crs. Rupp,Becker and Mayor Jacobson. Those voting No being Crs. Bryson and Krauss. The motion carried 3-2. 4:31:57 Cr. Krauss Cr. Krauss offered a minority opinion on the motion. 4:36:21 Public Comment Mayor Jacobson opened public comment. 6 Borenum C!!Y Commission hfeeting. Ocroher 13,2008 No person commented. Mayor Jacobson closed public comment. 4:36:30 Mayor Jacobson Mayor Jacobson suspended the rules regarding meeting time constraints for another five minutes since it was close to 11 p.m. for the For Your Information section of the meeting. 4:36:51 Public comment (Regarding closing the last two items on the proposed changes to the Ethic's Ordinance and re-opening them at the next Commission meeting.) No person commented. Mayor Jacobson closed public comment. It was moved by Cr. Bryson, and seconded by Cr. Rupp to continue items 3 and 4 on the revisions Ordinance No. 1726. Those voting Ave being Crs. Bryson,Rupp,Becker, Krauss and Mayor Jacobson Those voting No being none. Motion carried 5-0. 4:37:28 J. FYI/Discussion 4:37:51 Brit Fontenot, Assistant to the City Manager A Public Forum concerning the Gallatin County Detention Facility is scheduled for Wednesday, October 22nd at 7 p.m. in the City Commission room. Mayor Jacobson and Gallatin County employee Bryson will be participants. 4:38:56 K. Adjournment Mayor Jacobson adjourned the meeting at 11:01 p.m. Kaaren Jacobson, May ATTEST: r�wi i A n-n o7,A Stacy Uken, Ci y Clerk PREPARED BY: Aimee Kissel, Deputy City Clerk Approved on 7 Linked 8ozemon City Commission Minutes,October 20,2008 Those voting No being none. The motion carried 5-0. 0:06:17 I. Public Comment Mayor Jacobson opened public comment. 0:06:34 Susan Floerchinger, Public Comment Ms. Floerchinger of 606 North 5th Avenue stated that she lives at Darlington Manner who recently was issued a violation from the City for broken outlets. She lives in the apartments and stated that there is the possibility of mold in common areas, old carpet and with the elderly this is a health threat. She asked that the City contact the landlord regarding the condition of the building. 0:08:47 Jeff Quinton, Public Comment � Mr. Quinton of 606 North 5th at Darlington Manor stated that he has a mold problem on his ceiling. 0:09:51 Cr. Becker Cr. Becker stated that he received a memo about this from the building inspector who went through the building. The only code violations were the outlets. I I I 0:10:53 Mr. Kukulski � Mr. Kukulski stated that a letter can be sent to the County Health Department. 0:12:24 Public Comment closed Mayor Jacobson closed public comment. i 0:12:32 J. Special Presentation—Award Announcement (Kukulski) 0:12:42 Mr. Kukulski Mr. Kukulski reported that the City received a reward from Montana Municipal Insurance Authorities for the lowest incurred dollar in Workers Compensation Program for 1 st Class Cities. I 0:14:17 K. Action Items 0:14:21 1. Potential Amendments to the City's Ethics Ordinance, opened and continued from October 13,2008 (Planalp) 3 (O - Z-0 — Z00Y Linked Bozeman City Commission Minutes,October 20,2008 0:14:32 Bob Planalp,Interim City Attorney Mr. Planalp stated that there were 4 items that were initially presented to the Commission. On October 13th,the Commission acted upon 2 of them. The items left are regarding a 12 month prohibition, and the disclosure of financial assets of liabilities form. 0:17:50 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:18:07 Cr. Becker Cr. Becker stated that it appears that the Ordinance needs to be crafted to more like the states. 0:18:49 Cr. Krauss Cr. Krauss spoke regarding the lobbyist statutes. 0:21:09 Cr. Bryson Cr. Bryson spoke regarding perceived advantages. 0:22:45 Mayor Jacobson Mayor Jacobson spoke regarding the state regulations. 0:34:39 Motion to direct staff to investigate the other issues that we brought up today and the other Montana Statutes,with an eye towards identifying terms and time limits,and making suggestions about how we can draft an ethics ordinance that addresses the issues addressed in Montana statute. It was moved by Cr. Krauss,seconded by Cr. Bryson to direct staff to investigate the other issues that we brought up today and the other Montana Statutes,with an eve towards identifying terms and time limits and making suggestions about how we can draft an ethics ordinance that addresses the issues addressed in Montana statute. 0:35:14 Cr. Krauss Cr. Krauss asked that "advantage" and "personal benefit" be defined. 0:35:37 Vote on the Motion to direct staff to investigate the other issues that we brought up today and the other Montana Statutes,with an eye towards identifying terms and time limits,and making suggestions about how we can draft an ethics ordinance that addresses the issues addressed in Montana statute. 4 Linked Bozeman City Commission Minutes,October20,2008 ; 1 Those voting Ave being Crs. Krauss,Bryson,Rune.Becker,and Mayor Jacobson Those voting No being none. The motion passed 5-0. 0:35:50 Mr. Planalp Mr. Planalp spoke regarding the financial statement form. 0:39:06 Cr. Bryson Cr. Bryson spoke regarding the County policy. 0:43:32 Cr. Becker Cr. Becker spoke regarding purchasing relationships. 0:47:55 Public Comment. Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. F 0:48:08 Motion to direct staff to draft a yearly disclosure statement that would be signed upon initial employment and thereafter annually by each public officer and public employee that he or she has read a statement which would contain a layman summary of each section of state law and that a written financial disclosure statement is required and should identify economic relationships similar to elected state officials that they must already disclose. f It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to draft a yearly i disclosure statement that would be signed upon initial employment and thereafter annually by each public officer and public employee that he or she has read a statement which would contain a layman summary of each section of state law and that a written financial disclosure statement is required and should identify economic relationships similar to elected state officials that they must alreadv disclose. 0:49:55 Vote on the Motion to direct staff to draft a yearly disclosure statement that would ` be signed upon initial employment and thereafter annually by each public officer and I public employee that he or she has read a statement which would contain a layman summary of each section of state law and that a written financial disclosure statement is required and should identify economic relationships similar to elected state officials that they must already disclose. 5 i Linked Bozeman City Commission Minutes,October 20,2008 Those voting Ave being Crs. Bryson,Rupp,Becker,Krauss,and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:50:08 Cr. Becker Cr. Becker spoke regarding legal opinions. 0:51:33 Mr. Planalp Mr. Planalp spoke regarding formal advisory opinions. 0:51:55 2. Fellowship Baptist Church Minor Subdivision Preliminary Plat#P-08007 (Skelton) 0:52:27 Dave Skelton,Associate Planner Mr. Skelton presented the staff report for the Fellowship Baptist Church Minor Subdivision Preliminary Plat 4P-08007. Staff is recommending that the Commission conditionally approve the application. 1:11:02 Bruce Bradford,Applicant Representative Mr. Bradford presented the applicant presentation and explained that the church started 25 years ago. It is landlocked and the only reason they are splitting the property, is due to economics. They are planning to sell the second lot and use the funds to add on to the church. They are not a developer of profit. They appreciate the City's consideration. l:14:24 Public Comment Mayor Jacobson opened public comment. 1:14:39 Jeremy Shay,Public Comment Mr. Shay of 176 Blue Roan Lane spoke regarding the variance requested by the applicant. He feels that there is ample access to the property. 1:18:12 Steve Vanwinkle,Public Comment Mr. Vanwinkle of 152 Explorer Trail stated that he is the Pastor of the Church. They are interested in paying for only half of the road. The road benefits others as well. They would like the City to share the costs. In 1999 the Church gave an easement to the City. l:22:30 Dan Camp,Public Comment Mr. Camp stated that he has been working on the design of the new church facility. He spoke regarding the design of the south 2/3rds of the property. It is strictly for access to the park and whatever may happen on that end of the property. 6 Paler1 1laaae1 Ofthe Bn:enaa+('rh Coaram-on.Pehme S YAW 1:08:12 Cr.Rupp Cr.Rupp brought up that most of tlic examples used today were more about health and housing quality standard issues and not really about historic preservation by neglect. He is concerned that There is no dcmonstratable incident that causes this intentional neglect. 1:11:29 Cr.Rupp Cr.Rupp feels we arc over-reaching and he still feels concerned about the enforcement aspect and what it would mean for city staff. 1:14:09 Chuck Winn Mr.Winn clarified that the city does already have the authority through building and fire codes to handle life and safety code issues. 1:10:13 F. FYUDiseussion 1:16:18 Chris Kukulski Mr.Kukulski informed everyone that on January 29th the city held internal ethics training by IMCA. The staffs responded that it was good information but not a great way to get the information.The charter requires we are performing some internal ethics training and working with MSU for ethics training. 1:18:16 Aimee Kissel Ms.Kissel responded to the Mavoes question regarding the status of the ethics board by stating that the ethics board is ready to go but is wailing to meet until the ethic's ordinance is revised. The City Commission made some revisions to the ethic's ordinance in October and those changes need to be drafted. One of those changes was that the ethics board has one year from the time of their first meeting to draft a hand-book,so they shouldn't meet until the revised Ordinance is finished. Bob Planalp will come before the commission on February 23rd with that revised Ordinance. 1:18:49 Mr.Kukulski Mr.Kukulski spoke regarding discussing in the future whether we want to look into designing road or utility projects to prepare them to be ready to bid in light of the stimulus package and that Senator Baucus atill be the author of the next transportation bill. I:20:15 Cr.Rupp Cr.Rupp asked for clarification regarding whether this is starting the process to be eligible for funds through the Montana Dept.of Transportation. 1:20:35 Mr.Kukulski Mr.Kukulski confirmed Cr.Rupp's statement. 1:22:15 Mr.Kukulski Mr.Kukulski explained that he wanted to plant the seed for future discussion about whether to do design work on projects sooner rather than later or other steps that would put us in a better position. 5 ZDo 1 Minutes of the Bozeman City Commission,March 23,2009 Those voting Ave being Crs. Bryson,Rune,Becker, and Mayor Jacobson. Those voting No being Cr.Krauss. The motion passed 4-1. 3:33:39 Vote on the Amendment to the Main Motion to add the library to the fee schedule at$15 per hour if it is available (if nobody is using the facility)and that the$1,700 includes the grounds, and that there be a requirement if liquor is served for over 50 (verified by staff),that they have a security guard. Those voting Ave being Crs. Run), Krauss,Bryson,Becker,and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:34:14 Vote on the Main Motion as Amended to approve Resolution No. 4156,to add the library to the fee schedule at S15 per hour if it is available(if nobody is using the facility) and that the$1,700 includes the grounds, and that there be a requirement if liquor is served for over 50 (verified by staff), that they have a security guard, and that the first 12 months of operation, that these prices are in half. Those voting Ave being Crs. Rupp,Becker,Krauss,Bryson, and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:34:49 Break 3:48:26 4. Provisional adoption of Ordinance No. 1759,Amendments to Ordinance No. 1726,providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions (Public Hearing) (Planalp) 3:48:55 Bob Planalp, Interim City Attorney Mr. Planalp gave the staff presentation for Ordinance No. 1759,Amendments to Ordinance No. 1726,providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions. He explained that he has incorporated the Commission's changes from the last meeting including removing some requirements of the board of ethics,requiring the manual for the ethics is due within a year, and post employment prohibitions and definitions. 3:50:39 Mayor Jacobson Mayor Jacobson spoke regarding post employment activities. 3:51:59 Cr. Krauss Cr. Krauss spoke regarding the financial statement language. 3:52:15 Mr. Planalp Mr. Planalp stated that the language for that section came from state statute regarding legislators. 10 3 _ Z3 -ZZ0C� f Minutes of the Bozeman City Commission,March 23,2009 3:52:36 Cr. Krauss Cr. Krauss he is not sure that we need to adopt the state standards. 3:57:48 Mayor Jacobson Mayor Jacobson spoke regarding post employment activities. 4:00:51 Mayor Jacobson Mayor Jacobson stated that a Commissioner should not be able to come back for a year regarding post employment activities. 4:03:42 Mr. Planalp Mr. Planalp asked the Commission to determine what practices would be prohibited 4:04:29 Cr. Bryson Cr. Bryson said in his opinion it should only prohibit employment with the City. 4:07:27 Mr.Kukulski Mr. Kukulski suggested adding a disclosure of what the individual was involved in. 4:08:15 Mayor Jacobson Mayor Jacobson spoke regarding the financial disclosure. 4:10:14 Cr. Bryson Cr. Bryson stated that the issue is disclosure, not prohibition. 4:11:24 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:11:51 Cr. Rupp Cr. Rupp stated that he agrees with intent of prohibition. 4.14:41 Cr. Krauss Cr. Krauss asked what a reasonable financial disclosure should be. 4:18:49 Cr. Krauss Cr. Krauss spoke regarding reporting assets. 4:20:05 Mr. Planalp Mr. Planalp spoke regarding the value of assets and disclosure. 4:20:53 Cr. Krauss Cr. Krauss stated that section 2.01.100 Financial Disclosure. It was suggested to add: The financial "disclosure" Statement. 4:24:34 Cr. Becker Cr. Becker suggested changes in section B. 43, each business, firm, corporation,partnership or other business of professional entity or trust in which the individual holds and interest "of 10% 11 Minutes of the Bozeman City Commission,March 23,2009 or more",44 ...in which the individual is an officer or director or "registered agent",45...in which the individual holds and interest "of 10%or more". 4:27:57 Cr. Krauss Cr. Krauss suggested the following language to 4 "......in which the individual is an officer or director or "registered agent". 4:30:22 Cr. Becker Cr. Becker spoke regarding duties and powers of the board. 4:35:04 Cr. Becker Cr. Becker spoke regarding advisory boards. 4:40:04 Mayor Jacobson Mayor Jacobson closed this item and added that staff will make the changes to the Ordinance. 4:41:15 5. Regional Park Dinosaur Playground Informal Review,Application No. I- 08019 (Skelton) Mr. Kukulski opened the 5th agenda item. 4:41:42 Mayor Jacobson Mayor Jacobson opened the public hearing. 4:41:46 Dave Skelton, City Planner Mr. Skelton gave the staff presentation regarding the Regional Park Dinosaur Playground Informal Review, Mr. Skelton stated that there has not been any public comment received on the project. 4:48:19 Michael Harris-Applicant Mr. Harris stated that he is the Director of Gallatin County Conservation and Parks. He deferred the applicant representative Bob Farrington 4:48:42 Bob Farrington Mr. Farrington stated that he is with the parks committee. The park is a 15,000 ft playground and they are hoping to have it built by June 20th. The approximate budget is $170,000. 4:53:10 Cr.Krauss Cr. Krauss spoke regarding ADA parking spots. 4:54:08 Mr. Harris Mr. Harris stated that has been investigated and signs will be posted. 4:55:00 Public Comment Mayor Jacobson opened public comment. 4:55:14 Stan Wanner,Public Comment Mr. Wagner stated that he is the president of the board of 4 parks. He stated that he has been involved with the project since 2006. The ADA accessibility has been addressed. 12 April 20, 2009 C'iiy Commission lllinule.s 0:17:54 Mayor Jacobson Mayor Jacobson began questions for staff. 0:17:59 Vicki Hassler, Code Enforcement Officer Ms. Hassler responded to a question from Mayor Jacobson regarding the nuisance code. 0:20:07 Bob Risk, Chief Building Official Mr. Risk continued the staff presentation providing information on the code enforcement policy and program. 0:28:31 Mr, Epple Mr. Epple wrapped up the staff presentation on this item. 0:29:41 Cr. Krauss Commissioner Krauss began questions for staff. 0:30:36 Cr. Becker Cr. Becker continued questions for staff. 0:32:15 Cr. Bryson Cr. Bryson continued questions for staff. 0:33:51 Cr. Rupp Cr. Rupp continued questions for staff. 0.35:501. Action Items 0:35:51 1. Provisional Adoption of Ordinance No. 1759, Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions (Planalp) Mayor Jacobson opened the public hearing with Mr. Planalp's presentation. 0:36.14 Bob Planalp, Attorney Mr. Planalp was asked by the City to review the ethics ordinance. He provided the presentation on this item. 0:40:02 Cr. Bryson Cr.Bryson began questions for staff on this item. 0:40:40 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment and the public hearing. 4- - ZO —Z—DO� 3of10 April 20, 2009 City Commissio17 Minutes 0:41:02 Motion and Note to provisionally adopt Ordinance No. 1759,Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure, Post Employment Prohibitions and Definitions. It was moved by Cr. Krauss, seconded by Cr.Bryson to provisionally adopt Ordinance No. 1759,Amendments to Ordinance No. 1726, providing for the amendment of Chapter 2.01 by amending the sections on Financial Disclosure,Post Employment Prohibitions and Definitions. Those voting Ave being Crs. Krauss,Bryson,Rupp, Becker and Mavor Jacobson. Those voting No being none. The motion passed 5-0. 0:41:47 2. South Wallace Lofts Informal Application No. I-09002 (Bristor) Mayor Jacobson opened the public hearing on this item with Ms. Bristor's presentation. 0:42:09 Allyson Bristor, Associate Planner, Dept. of'Planning and Community Development Ms. Bristor presented the staff report on this item. 0:49:47 Cr. Krauss Cr. Krauss began questions for staff. 0:52:03 Cr.Rupp Cr. Rupp continued questions for staff. 0:54:00 Cr. Bryson Cr. Bryson continued questions for staff. 0:55:06 Susan Kozub, on behalf of the Applicant Ms. Kozub from Instrinsik Architecture introduced Dan Harding, a principal designer at Intrinsik and Roger Thesing representing the property owners. Ms. Kozub then began the applicant presentation. 0:59:31 Dan Harding, on behalf of the Applicant Mr. Harding a designer with Intrinsik Architecture continued the applicant presentation. 1:05:24 Roger Thesing,Applicant Mr. Thesing, owner of Mountainside Development continued the applicant presentation. 1:11:00 Cr. Bryson Cr. Bryson began questions for the applicant. 1:12:34 Cr. Becker Cr. Becker continued questions for the applicant. 4 of 10 Alimues orthe Boscman Cily Commission Meeting May 26.2009 It was moved by Cr.Bryson,seconded by Cr.Becker to open and continue the amendments to title 18 unified development ordinance to June 18,2009. Those voting Ave being Crs. Bryson,Becker and Mayor Jacobson. Those voting No being Cr. Krauss. The motion passed 3-1. 2:53:36 5. Appointment to the Beautification Advisory Board (Kissel) 2:53:57 Motion and Vote to approve Ryan Haskins to the Bozeman Beautification Advisory Board. It was moved by Cr.Becker,seconded by Cr. Krauss to approve Ryan Haskins to the Bozeman Beautification Advisory Board. Those voting Ave being Crs.Becker, Krauss,Bryson and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 2:54:17 6. Appointment to the Community Alcohol Coalition (Kissel) 2:54:25 Motion and Vote to appoint Jason Karls (to the Community Alcohol Coalition). It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Jason Karls (to the Community Alcohol Coalition). Those voting Ave being Crs. Krauss,Bryson, Becker and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 2:54:38 I. FYI/Discussion 2:54:46 1. Ordinance No. 1762, Modifications to 10.44.030, Skateboards in City Parking Garage and Lots (Sullivan) 2:54:51 Greg Sullivan, City Attorney Mr. Sullivan provided information about an upcoming Ordinance that would amend skateboard regulations and are brought forward at the request of the Police Department due to safety issues. 2:56:23 Aimee Kissel, Deputy City Clerk Ms. Kissel provided a reminder regarding the upcoming ethics training on the 4th and 17th from 9h� 6 to 8 p.m. 2:57:41 Ms. Kissel Ms. Kissel mentioned the County wanting to re-schedule the joint City/County meeting for Friday, June 19th at 7 a.m. 6 1) 5 - I&- ZOo9 Minutes of the Bozeman City Commission,Monday,June 15,2009 Those voting No being none. The motion passed 4-0. 2:31:00 6. Appointment to the Parking Commission (Kissel) 2:31:06 Motion and Vote to appoint Chris Naumann to the Parking Commission. It was moved by Cr. Rupp, seconded by Cr. Becker to appoint Chris Naumann to the Parking Commission. Those voting Ave being Crs. Rupp, Becker,Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:31:21 7. Appointments to the Community Alcohol Coalition (Kissel) I 2:31:23 Motion and Vote to appoint Susanna Darr and Rick Gale to the Community Alcohol Coalition. It was moved by Cr. Becker,seconded by Cr. Bryson to appoint Susanna Darr and Rick Gale to their respected positions (on the Community Alcohol Coalition). Those voting Ave being Crs. Becker,Bryson,Rupp and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:31:4I 8. Appointment to the Board of Ethics (Kissel) �J 2:31:58 Motion and Vote to approve the appointment of Melissa Frost to the Board of Ethics. 'N- �! 91�1 It was moved by Cr. Bryson, seconded by Cr.Rupp to approve the appointment of Melissa Frost to the Board of Ethics. S, Those voting Ave being Crs. Bryson, Rupp,Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:32,14 10. Re-appointment to the Police Commission (Kissel) 2:32:16 Motion and Vote to appoint Jim Drummond to the Police Commission. 13 Minutes of the Bozeman City Commission Special Meeting,June29,2009 / L- Those voting Ave being Crs.Rupp,Becker,Krauss, Bryson and Mayor Jacobson. Those voting No being none. The motion passed 5-0. � �x 0:26:45 Mayor Jacobson J/� Mayor Jacobson stated that the next area to discuss is the scope of the audit. 0:27:30 Cr. Bryson Cr. Bryson stated that there are 6 points that he would like to see in the investigation including determining the exact time in the application process that the candidate was informed of the social networking waiver,how each employee was presented with the form and who presented it, the discussions that took place when an applicant had reservations of releasing information, training internally to those with hiring authority,training internally on the presentation of this document and who was responsible for performing for the social networks service searches. 0.29:30 Cr. Krauss Cr. Krauss stated that he wants to know exactly"what"was requested also. He spoke regarding the City Ethics Policy. 0:31:34 Cr. Becker Cr. Becker wants to look at hiring practices in all departments. 0:33:33 Cr. Rupp Cr. Rupp stated that this is a Commission led action. 0:34:28 Mr. Kukulski Mr. Kukulski spoke regarding the numbers of individuals that were hired in the last 3 years. 0:36:55 Cr. Bryson Cr. Bryson stated that he is not interested in looking at department by department. 0:39:07 Public Comment Mayor Jacobson opened public comment. 0:39:20 Carson Taylor,Public Comment Mr. Taylor of 8 West Harrison spoke regarding the memo. He stated that part of the audit should be what can be done in the future to make sure this does not happen again. He spoke regarding voluntariness. What were people thinking that they were going to find?Are there less intrusive ways of doing this? 3 D(o - Z9 -Z061 i Minutes of the Bozeman City Commission Special Meeting,June 29,2009 0:41:55 Rick Cline,Public Comment Mr. Cline(no address given) spoke regarding putting someone from the public on the Investigation Committee. 0:42:33 Public Comment closed. Mayor Jacobson closed public comment. 0:44:22 Cr. Becker He agrees with Cr. Bryson's points and wants them rolled into the motion. 0:44:57 Motion to investigate the allegations made by the employees contained in the email received on Thursday,June 25,2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current employees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future. It was moved by Cr. Becker, seconded by Cr. Krauss to investigate the allegations made by the employees contained in the email received on Thursday,June 25,2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current emplovees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future. 4 Minutes of the Bozeman City Commission Special Meeting,June 29,2009 0:48:46 Cr. Bryson Cr. Bryson presented Friendly Amendments to include some review of discussions if an applicant had reservations of signing a waiver and evaluations of what standards were developed for appropriateness of content on someone's personal page. 0:49:08 Cr. Krauss Cr. Krauss accepted both friendly amendments to the main motion. 0:49:11 Cr. Becker Cr. Becker accepted both friendly amendments. 0:51:30 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the scope of the investigator. 0:52:34 Mayor Jacobson Mayor Jacobson spoke regarding the confidentiality issue. 0:53:46 Mr. Sullivan Mr. Sullivan spoke regarding rights to privacy. 0:54:23 Mayor Jacobson Mayor Jacobson stated that face to face discussions are usually the best. The final report should not reveal any names. 0:59:05 Vote on the Motion to investigate the allegations made by the employees contained in the email received on Thursday,June 25,2009; investigate the emails sent by an employee to a citizen outside of the City inquiring as to the use by that citizen of public resources to comment on the City's hiring practices; to review of the City's hiring policies as those policies related to the practice of discussing background information with current employees; the voluntariness of specific background checks as it relates to final hiring decision; the timing and use of waivers and consent requirements; and the specifics regarding the practice of reviewing a candidate's social networking sites; review of employees hiring process that occurred over the course of the past three years within the City of Bozeman across all departments all hires; to include investigation of background related to the training of interviewees and the background checkers; the specific details of log in information that was acquired; a review as to whether or not this was a violation to our existing Ethics Policy and Whistle blower policy and what may be needed in order to improve that policy so that things like this do not occur in the future; (friendly amendment)get suggested safe guards so that policies like this are addressed in a timely manner before adopted by the organization; (friendly amendment)some review of discussions if an applicant had reservations of signing a waiver; (friendly amendment) and 5 Linked Minutes of fire Bozeman City Commission,July 20,2009 5:25:09 3. City Picnic Mr. Kukulski reminded the Commission about the City Picnic on Thursday, July 23rd. This has been noticed. 5:25-23 4. Report(Hiring Practices) Mr. Kukulski stated that the report on hiring practices will be emailed and hard copies will be delivered on Wednesday the 22nd which will meet the 30 day deadline. 5:25:59 S. Affordability Mr. Kukulski spoke regarding the challenge of Affordability. 5:27:04 6. Ethics Board Meeting Ms. Ulmen reminded the Commission that the first Ethics Board meeting is this Wednesday at 7 P.m. 5:29:40 M. Adjournment Mayor Jacobson adjourned the meeting at 9:33 p.m. Kaaren Jacobs , Mayor ATTEST: 9�L N.Al IF PdN Stacy U n, NC, City Clerk PREPARED BY: I tacy 1 en, C C, City Clerk Approved on JA oC0 Page 19 of 19 0-7 — 20 — Z_p p d t � MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA August 17,2009 ********************** The Commission of the City of Bozeman met in the Commission Room,City Hall at 121 North Rouse on Monday,August 17,2009. Present were Mayor Kaaren Jacobson,Cr.Eric Bryson,Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. 0:17:46 A. Call to Order—5:00 p.m.—Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the Meeting to order. 0:17:51 E. Budget Discussion(Rosenberry/Kukulski) 0:19:06 Anna Rosenberry, Finance Director Ms.Rosenberry explained that on the discussion list for this evening are those divisions that are not related to public safety. 0:19:34 Ms. Rosenberry Ms. Rosenberry explained that when the recommended budget was put together there was not any money set aside for the Ethics Board as they were not seated.They now are seated and have held 2 meetings. 0:20:17 Mr.Kukulski Mr.Kukulski stated that the Charter requires that he budgets funding for the Ethics Board. He is estimating the total to be around$7,500. 0:22:50 Cr.Krauss Cr. Krauss stated that the funding for the Ethics Board needs to be added to the Budget. Cr. Krauss asked if there has been any work on the taxable valuation. 0:23:06 Ms.Rosenberry Ms.Rosenberry stated that she has received no word on the taxable valuation at this time. 0:25:57 Cr.Krauss Cr.Krauss asked about an office at City Hall for the Mayor and setting hours. B -- I -� - Zoo9 Linked alinutes of the Boceman Qw-Commission Meeting on august 31,2009 3:07:54 Break Mayor Jacobson declared a break. 3:25:57 Meeting called back to order. Mayor Jacobson called the meeting back to order. 3.26:17 6. Discussion on Existing Protections for City Employees and the Public Regarding the Reporting of Alleged Violations of Public Policy (i.e. Whistle Blowing/Anti- Retaliation),Discussion on Example Policies, and Direction to Staff(Sullivan) 3:26:43 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation regarding Existing Protections for City Employees and the Public Regarding the Reporting of Alleged Violations of Public Policy(i.e. Whistle Blowing/Anti-Retaliation), Discussion on Example Policies, and Direction to Staff. Mr. Sullivan spoke regarding the Ethics Code. He highlighted standards for conduct in the employee handbook. He spoke regarding state protections. 3:31:59 Cr. Krauss Cr. Krauss asked that retaliation be defined. 3:32:35 Mr. Sullivan Mr. Sullivan spoke regarding retaliation against the public. 3:41:21 Mr. Sullivan Mr. Sullivan suggested that statements should be included as what actions are considered retaliatory. 3:41:43 Cr. Krauss Cr. Krauss stated that he would like to see specifically prohibiting employees or officials retaliating against members of the public by harming them through regulatory or deliberate action which causes harm to their business or employment. 3:46:44 Mayor Jacobson Mayor Jacobson stated that consequences of retaliation need to be added. s 3:49:10 Public Comment ! Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:50:07 Motion and Vote(that based upon the discussion this evening including the bullet i points on page 204) to request that the City Manager to develop and implement j 12 � �31 - ZoO� i Linked.41inutes of the Bozeman City Commission Meeting nit August 31,2009 amendments to the City of Bozeman Employee Handbook and directing staff to develop an ordinance amending Chpt. 2.01 of the Bozeman Municipal Code(Ethics Code)that protects employees and the public against retaliation by city employees and officials when acting in good faith as a whistleblower and establish retaliation against the public as an ethical offense and some kind of definition of what that is. It was moved by Cr. Becker, seconded by Cr. Krauss (that based upon the discussion this evening including the bullet points on page 204) to request that the City Manager to develop and implement amendments to the City of Bozeman Employee Handbook and directing staff to develop an ordinance amending Chpt. 2.01 of the Bozeman Municipal Code (Ethics Code)that protects employees and the public against retaliation by city employees and officials when acting in good faith as a whistleblower and establish retaliation against the public as an ethical offense and some kind of definition of what that is. Those voting Ave being Crs.Becker, Krauss,Bryson,Rupp and Mayor Jacobson. Those voting No being none. The motion passed 5-0. 3:51:56 Motion and Vote to suspend the Rules for 10 minutes. It was moved by Cr. Krauss seconded by Cr. Becker to suspend the Rules for 10 minutes. Those voting Ave being Crs.Krauss, Becker,Bryson and Mayor Jacobson. Those voting No being Cr.Rupp. The motion passed 4-1. 3:52:29 7. 30-day Letter of Intent from Weston Solutions, Inc. for Purchase of the former Bozeman City Hall located at 411 East Main Street (Kukulski) Mr. Kukulski gave the staff presentation regarding the 30-day Letter of Intent from Weston Solutions, Inc. for Purchase of the former Bozeman City Hall located at 411 East Main Street. Staff is recommending that the City extend the 30 day Letter of Intent. 3:52:48 Cr. Rupp Cr. Rupp spoke regarding others expressing interested in the property. 3:53:29 Cr. Rupp Cr. Rupp spoke regarding the marketing of the property and the offer on the table. 3:58:57 Public Comment Mayor Jacobson opened public comment. No person commented. 13 alinwes ql the Bo--eman City Commission Afeeting,September 21,2009 1:33:36 Cr. Krauss Cr. Krauss explained the reasoning behind his decision. 1:36:47 Cr. Rupp Cr. Rupp explained why he would agree with Cr. Krauss'rationale. 1:37:33 Mayor Jacobson Mayor Jacobson explained why she would support the motion. 1:38:08 Cr. Bryson Cr. Bryson explained why he would support the motion. 1:39:01 Cr. Becker Cr. Becker explained his views on this item and stated he agrees with the arguments already made. 1:39:57 Vote on the motion to award 518, 600 to the depot park improvements and 5110,400 to the North Seventh Urban Renewal TIF(tax increment financing). Those votine Ave being Crs. Krauss,Bryson,Rupp,Becker and Mayor Jacobson. Those voting No beine none. The motion passed 5-0. 1:40:40 J. FYI/Discussion 1:40:44 1. Discuss Cancelling Upcoming Policy Meeting, Thursday, October 1,2009 Ms. Kissel asked whether the upcoming policy meeting for October I st should be cancelled. 1:40:52 Mayor Jacobson Mayor Jacobson said she did not think anything was planned for the policy meeting, so yes, it could be cancelled. 1:41.02 2. Reminder of Joint City-County Meeting on Friday, September 25,2009 Ms. Kissel provided a reminder of this meeting. 1:41:17 Mayor Jacobson Mayor Jacobson began a discussion of the time for this meeting. 1:42:15 3. Reminder of the Last Citizen Advisory Board Ethic's Training for the year on September 30,2009 from 6 to 8 p.m. Ms. Kissel provided a reminder on this item. ' 1:43:00 Flyer placed on car at Library Cr. Rupp went to a Library Board meeting and showed a flyer that was placed on his car. 10of12 C1 - ZI - Z6O9 Linked Minutes of the Bozeman City Commission,November 2,2009 0:23:44 Cr. Rupp Cr. Rupp recused himself from the vote due to a potential conflict of interest with Consent Item. 2. 0:23:50 Vote on the Motion to approve Consent Item 2.. (Authorize City Manager to sign a Snow Removal Contract for Bridger Park Downtown (Burns) Those voting Ave being Crs.Becker,Krauss, Bryson and Mayor Jacobson. Those votins No being none. Those abstaining being Cr.Rupp. The motion passed 4-0. 0:23:57 G. Public Comment Mayor Jacobson opened public comment. 0:24:29 Brian Leland,Public Comment Mr. Leland of 528 North Bozeman stated his frustration of not receiving information that he requested 3 weeks ago. This is regarding the Martel Contracts and the alleged "ghost salary" paid to a mistress. 0:25:50 Public comment Closed Mayor Jacobson closed public comment. 0:25:58 H. Action Items 0:26:02 1. Board of Ethics Progress Update (Melissa Frost (Chair), Stephen Schultz and Rodger McCormick,Board of Ethics Members) 0:26:20 Melissa Frost, Chair of the Ethics Board Ms. Frost updated the Commission regarding the Board of Ethics progress. The Board has met 5 times since July 22nd. She highlighted the purpose of the Board. The Board has reviewed the Ethics Ordinance, the Charter and the State Ethics Laws, they are learning about Staff support, have reviewed the Financial Disclosure Form, met with Paul Lachapelle from the Local Government Center to discuss assisting with developing an Employee Ethics Handbook, they are currently reviewing the Retaliation and Whistle Blower Policy and have met with the IT Director regarding best communication practices. 0:30:50 Cr. Rupp Cr. Rupp asked if workshops will be set up. 3 11 - 2 - tool Linked Minutes of the Bozeman City Commission,Noreniber 2,2009 0:31:05 Ms. Frost Ms. Frost stated that the Board will be instrumental in planning workshops. 0:31:24 Mayor Jacobson Mayor Jacobson thanked the board for their work and service. 0:31:39 Consent Item 5. Approve the City of Bozeman Financial Disclosure Statement Form (Rosenberry/Sullivan) 0:31:54 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Consent Item 5. Bozeman Financial Disclosure Statement Form. The City Charter requires that Public Officials make public discloser of their finances. This form will be held in the City Clerk's Office as a matter of public record. 0:34:22 Mayor Jacobson Mayor Jacobson spoke regarding adding people who are on the Planning and Zoning Board. 0:35:01 Ms_ Rosenberry Ms. Rosenberry spoke regarding the regulatory elements of the Planning and Zoning Boards. The Commission could add them if they wish. 0:35:37 Cr. Krauss Cr. Krauss stated that he filled out the form. 0:36:56 Cr. Rupp Cr. Rupp spoke regarding the January deadline date. 0:37:35 Cr. Becker Cr. Becker spoke regarding the boards with financial decision making authority. 0:38:56 Cr. Becker Cr. Becker asked if the disclosures were confidential. 0:39.02 Ms. Rosenberry Ms. Rosenberry stated that they are a matter of public record. 0:39:05 Cr. Becker Cr. Becker spoke regarding the Revolving Block Grant Boards. 0:39:28 Cr. Krauss Cr. Krauss spoke regarding the Board of Adjustment. This Board should be added because they make decisions similar to the Commission. They are a quasi-judicial decision making board, 4 Iln_enuan('Ut ( rort lJow '. Decen:her 200V 0:19.36 Tim Cooper, Staff Attorney Mr. Cooper gave the staff presentation on this item providing extensive history in addition to the update. 0:47:51 Cr. Krauss Cr. Krauss asked about the financial cost of this cleanup. 0:48:17 Mr. Cooper Mr, Cooper provided financial details on this clean up. 0:51:47 Anna Rosenberry. Finance Director Ms. Rosenberry provided additional financial information regarding this issue. 0.54:41 Mr. Cooper Mr. Cooper responding to a question from Cr. Krauss regarding the next step in the process said that DEQ asked the City to respond to their comments and incorporate their comments into the construction completion report by December 1 Oth. Tetra Tech may need a brief extension on that deadline. 0:56:28 L. Action Items 0:56.45 L Provisional Adoption of Ordinance No. 1775,Amending Chapter 2.01, Bozeman Municipal Code(Code of Ethics) to include Provisions related to Improper Governmental Action and Others (Sullivan) 0:58:07 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation on this item,first speaking about the changes made to the code of ethics that the Commission had requested. 1:08:05 Cr. Krauss Cr. Krauss began questions for staff. 1:08:40 Mr. Sullivan Mr. Sullivan continued the staff presentation. 1:10:47 Cr.Krauss Cr. Krauss continued questions for staff. 1:12:45 Cr. Becker Cr. Becker continued questions for staff. 1:15:23 Mr. Sullivan Mr. Sullivan continued the staff presentation with section ten. 4of11 12` `1 -- zoOS Ro_eman Cm Comnmi%ton lfinwev,December -.2009 1:22:53 Cr. Bryson Cr. Bryson continued questions for staff. 1:25:3 7 Mr. Sullivan Mr. Sullivan continued his staff presentation, moving on to the changes in the Ordinance that staff and the Board of Ethics had identified. 1:40:59 Cr. Rupp Cr. Rupp continued questions for staff. 1:57:10 Mr. Sullivan Mr. Sullivan continued with the staff presentation going on to sections 8 and 9,post employment activities. 2:06:19 Cr. Krauss Cr. Krauss suggested that sections 8 and 9 (post employment activities) be re-written to mirror state law. 2:12:07 Mr. Sullivan Mr. Sullivan requested that if the Commission asks the Board of Ethics for further discussion on sections 8 and 9 some more,they also ask the Board to revise section 7-conflict of interest. He also explained another issue the Board was concerned about in section 7 that was not addressed with this Ordinance. 2:14:00 Public Continent Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:14.52 Motion to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. It was moved by Cr.Bryson, seconded by Cr. Krauss to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. 2:15:33 Mr. Sullivan Mr. Sullivan explained section 11 in the proposed Ordinance. 2:15:58 Cr. Becker Cr. Becker began discussion on the motion asking about section 10 d. 5 action as defined. 2:16:11 Cr. Krauss Cr. Krauss said this (section 10 d. 5) should say, 'reporting any other improper governmental action as defined in this Chapter. 5of11 Bo_rmml("m ('nanunsrun 111mule.N, 1jeci>mbo -- '100v 2:16:23 Cr. Bryson Cr. Bryson said the intent of his motion would incorporate the verbiage just provided by Cr. Krauss. Cr. Krauss concurred with the intent for his second. 2:16:28 Vote on the motion to provisionally adopt Ordinance 1775 but striking provision seven, eight and nine for further review. Those voting Aye being Crs. Bryson,Krauss,Rupp,Becker and Mayor,lacobson. Those voting No being none. The motion passed 5-0. 2:16:41 Cr. Krauss Cr. Krauss thanked Greg Sullivan and the hard working members of the Board of Ethics who are getting a Iot accomplished. 2.17:10 Mayor Jacobson Mayor Jacobson echoed Cr. Krauss' thanks. 2:18:23 2. Resolution No. 4223, Adopting a Memorandum of Understanding and Agreement between the Bozeman City Commission and Bozeman Parking Commission to support Shared Authority to enforce Parking Regulations (McLane) 2:18:34 Rich McLane, Bozeman Police Department Lieutenant Lieutenant McLane provided the staff presentation on this item. 2:27:50 Cr. Bryson Cr. Bryson began questions for staff. 2:29.31 Public comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2:29:50 Motion to adopt Resolution No. 4223,adopting a memorandum of understanding and agreement between the Bozeman City Commission and Bozeman Parking Commission to support shared authority to enforce parking regulations. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt Resolution No.4223,adopting a memorandum of understanding and agreement between the Bozeman City Commission and Bozeman Parking Commission to support shared authority to enforce parking regulations. 2:30:26 Cr. Bryson Cr. Bryson began discussion on the motion suggesting that information be collected as to the location tickets are written and explained why he felt this would be helpful, 6of11 Linked Minutes of the Bozeman City Commission,December 14,1009 0:09:31 3. Bozeman License Plate Design Contest Deadline Extended to January 28,2010 (Fontenot) Assistant to the City Manager Brit Fontenot presented a PSA regarding the Bozeman License Plate Design Contest Deadline Extension to January 28, 2010. 0:10:29 Cr. Krauss Cr. Krauss asked that Mr. Fontenot remind everyone as to what the money will go towards. 0:10:38 Mr. Fontenot Mr. Fontenot stated that$20 of the fee will go towards tangible park improvements and S5 to the Emerson Cultural Center for art programs for children. 0:11:45 E. Consent 1. Authorize Payment of Claims(LaMeres) 2. Authorize City Manager to sign the Tire Rama (The Tire Guys) Public Street and Utility Easement(Heaston) 3. Authorize City Manager to submit a Montana Department of Environmental Quality Recycling Infrastructure Grant Application to Fund Recycling Bins and Education Material for the Bozeman School District (Meyer) 4. Authorize City Manager to sign Amendment No. 2 To the Professional Services Agreement For Great West Engineering for the 2008 Sewer Rehabilitation Project (Murray) 5. Acknowledge receipt of the Recommended Capital Improvements Plan Document for Fiscal Year 2011-2015 (Rosenberry) 6. Approve the Monthly Building Report for November 2009 (Risk) 7. Approve Professional Services Agreement with Montana State University- Extension for Creation of an Ethics Handbook (Sullivan) 8. Approve First Addendum to December 4,2006 Employment Agreement with Chris A. Kukulski (Sullivan/Uhnen) 9. Approve Resolution No. 4226, Certifying Delinquent Special Assessments to Gallatin County for the first 1/2 of Fiscal Year 2010 (Shannon) 10. Approve the Final Plat for the Story Mansion Minor Subdivision No. P-09014, Second or Subsequent Minor Subdivision of a Tract of Record to create two lots on the 2.15 acre Story Mansion property located at 811 S.Willson Avenue and Authorize the City Manager and Director of Public Service to execute the same on behalf of the City of Bozeman(Riley) 11. Approve Resolution No. 4227, Story Mansion Parkland Declaration(Epple) 12. Approve Liquor, Beer and Wine License Renewals for 2010 (Neibauer) 13. Approve Payment of$5,836.89 for the Buttrey's Solvent Site Cost Recovery (Cooper) 0:1 1:53Public Comment Mayor Jacobson opened Public Comment. Page 2 of 21 1 2 q Linked Minutes of the Bozeman City Commission Meeting,December 28,2009 0:10:40 Motion and Vote to approve the minutes of the Special Meeting November 12,2009, Regular Meeting November 23,2009 and Policy Meeting December 3,2009. It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the minutes of the Special Meeting November 12, 2009, Regular Meeting November 23,2009 and Policy Meeting December 3,2009 as submitted. Those voting Ave being Crs. Krauss, Bryson, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 0:11:22 Cr. Bryson Cr. Bryson stated that he is not supposed to vote on the resignation item on the Consent Agenda. 0:12:05 F. Consent 1. Authorize Payment of CIaims (LaMeres) 2. Authorize the purchase of Versacourt Tennis Court System for Bogert Tennis Courts (White) 3. Authorize City Manager to sign Snow Removal Contracts for Facility related Parking Lots (Goehrung) 4. Approve request from D &D Palmer LLC for a Six Month Extension to the Woodhaven Village Planned Unit Development, Final Site Plan approval as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code(Riley) 5. Approve Beer and Wine and Liquor License Renewals for 2010 (Neibauer) 6. Approve Special Permit for Bridger Clinic Inc. to sell Beer and Table Wine for the Sweet Tooth Ball Fundraiser at I I I S. Grand Avenue on February 5, 2010 (Neibauer) 7. Award Bid to Ingram-Clevenger, Inc. for the Reinforcement and Insulation of the Filter Room Roof at the Bozeman Swim Center (Goehrung) 8. Finally Adopt Ordinance No. 1769, Amending Title 18, Bozeman Municipal Code, Unified Development Ordinance(Saunders) 9. Finally Adopt Ordinance No. 1775, Amending Chapter 2.01, Bozeman Municipal Code(Code of Ethics)to include Provisions related to Improper Governmental Action and Others (Sullivan) 10. Accept Commissioner Bryson's Resignation from Office of Bozeman City Commissioner(Sullivan) 0:12:08 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 2 IZ — Z.$— Z001 LurRrd Alauue,nl the Sozeman 0tv 01iu1711- r.IA euug wt FebnwY-v 2?.2()16 2. Develop a policy that determines when specialty event insurance is required, parades:' events on public land? facility rentals? (CM) Ong0111<lg Priorities City Attorney Office 1. Complete Code Codification 2. Write language as required in the city charter for the 2010 ballot 3_ Close out GALA -receive full reimbursement from Pacific 4. Develop a contract routing/review policy 5. Develop a program to track criminal ease data regarding the number of convictions,pleas, and acquittals for each charge 6. Rewrite Title 2,BMC- Organizational Structure 7, Amend Commission Rules of Procedure 8. Abate Bridger View Trailer Park and Story Mill nuisances 9. Clarify liability coverage for boards 10. Amend ordinances related to the N7URB powers and review other URB/TIF boards for codification 11. Work with Ethics Board RE: Changes to Code of Ethics for Conflict of Interests City Manager's Office 1. Complete the recruitment and selection of a new Police Chief and Planning and Community Development Director and integrate into the Ieadership team 2. Complete an in depth analysis of the criminal justice process including law enforcement,the prosecution and public defender offices and the City's two Municipal Courts. 3. Enhance and expand partnerships with MSU 4. Initiate legislative changes in the 2011 session • Local option tax - 100% for property tax relief • Issues related to electronic document retention • Reform DUI laws-review fines • Permissive medical levy and Health Savings Accounts • Impact of State-funded public defender system • Protect entitlement share program 5. Update the Americans with Disabilities Act 1992 Transition Plan 6. Complete analysis of leash free park trial after I"year of implementation Finance Department I. Successful financing of WRF project 2. Update water&sewer rate studies for FY I I- FY 15 3. Develop direct and indirect cost allocations/charges for all City grants 4. Update of existing Impact Fee Studies 5. Successful financing of WTP project 6. Resolve lighting district issues 7. Complete Community Climate Action Plan 19 of 22 Minutes of the Bozeman City Commission Meeting, June 14,2010 0:07:20 G. FYI/Discussion 0:07:28 1. Tennis Courts Mayor Krauss showed the tennis court panels. He encouraged everyone to look at the Courts. 0:08:21 2. Zoning Commission 7 p.m. Cr. Mehl stated that the Zoning Commission will be meeting to discuss Medical Marijuana, June 15th at 7 p.m. Cr. 'Taylor spoke regarding his concern of medical marijuana offices and concentration. Mayor Krauss spoke regarding his concern of daycares, and the increase of' provider commercial grow areas in residential areas. 1ie spoke regarding his concern of the idea of banning MJ altogether. Cr. Andrus wants to make sure that decisions are not driven by fear. 0:11:24 3. Sourdough Dam Cr. Mehl thought that staff was going to start to prepare for summer meetings. He would like an update. IJe hasn't heard anything since the presentation. Mr. Kukulski stated that the item is listed on the Action Plan. Specifically options and values of water rights needs to be looked at. 0:13:29 4. Ethics I-landbook Ms. Ulmen handed out the Draft of the Ethics Handbook. She asked that the Commission send their comments or concerns to the City Attorney or the Clerk's Office. This will be before the Commission in July. 0:14:25 5. Cancellation of June 28th and July 6th Commission Meetings The Commission agreed to cancel both June 28th and July 6th Meetings. There are items listed on July 6th that possibly may have advertising requirements. Mayor Krauss hates Tuesday meetings. All items will need to be moved if possible. Getting a quorum of Commissioners will be tough as they will be gone around both dates. 0:18.02 6. Cancellation of July 1 and August 5 Policy Meetings The Commission agreed to cancel theses Policy Meetings and revise the resolution to state that Policy Meetings will be set as needed. Ulmen will do this and add it to Consent at a future meeting. 0:19:23 7. Casual dress over the Summer The Mayor reminded staff and the Commission that casual dress over the summer is ok. 0:20:51 H. Adjournment Mayor Krauss adjourned the meeting at 6:35 p.m. Jeffrey'K. �r ss, M yor 3 & -- 1 ,4 - ZOIO Minutes of the Bozeman City Commission Meeting,July 12,2010 2:06:34 Public Comment closed Mayor Krauss closed public comment. 2:06:50 J. Mayor's State of the City Address ('Mayor Krauss) Mayor Krauss gave the Mayor's State of the City Address. Ile stated that the City is a great place to live. He has been here for 35 years. He feels the need to talk about Bozeman. We have soul. We have a strong middle class here. This sometimes is not found in a resort town. There have been Investors on Main and 19th. We have a great appeal to retirees. We have a great chance to create a 2 year college. We have soul in the mountains. We can walk home safe at night and feel safe during early morning runs. It is in our local business people. It is in the hard work of individuals. We have a constant replenishment when students come in. It takes creative people to live here. He spoke regarding sustainability. We have some crumbling infrastructure. We need to maintain infrastructure and get away from finger pointing. He spoke regarding personnel in the City and added that there was a generational turn over recently. This has been beneficial to the City. He spoke regarding his unhappiness of how the hail storm was handled. We need to recognize that tax payers are not an unlimited source of funding. We need to look at jobs at the City. We need to be creative and responsive to the City's needs. We must compete in service. He spoke regarding Economic Development. He spoke regarding a sustainable Bozeman,the future of Bozeman. Ile spoke regarding protecting streams,having clean water, having room to grow, eliminating sprawl, the need for a 2 year community college, and a diversified economy. We need to accommodate and listen to each other. 2:40:28 K. Action Items 2:40:36 1. City of Bozeman Ethics Handbook(Sullivan) Mr. Sullivan began the presentation regarding the City of Bozeman Ethics Handbook. 2:40:48 Aimee Kissel, Deputy City Clerk Ethics Board staff support Aimee Kissel gave the staff presentation regarding the Ethics Handbook. The Board has been meeting and working on the handbook for over a year now. They have hired Paul Lachapelle from MSU to assist with the creation of the handbook. The handbook was sent out for peer review. She introduced the Ethics Board members. 2:42:27 Stephen Schultz,Ethics Board Member Mr. Schultz thanked staff and Mr. Lachapelle for their assistance. Ile stated that the Board thought about the Audience and that they wanted to create a handbook that was easy to understand. They looked at other cities and towns that have put handbooks together. The handbook includes information on filing a complaint etc. Page 7 of 15 --� - 12_- Zo 1 D Minutes of the Bozeman City Commission Meeting,July 12,2010 2:44:57 Cr. Taylor Cr. Taylor thanked the Board and stated that he loves the product and it is well done. 2:53:29 Public Comment Mayor Krauss opened Public Comment. No person commented. Mayor Krauss closed Public Comment. 2:53:47 Motion and Vote to approve the newly drafted City of Bozeman Ethics Handbook as presented and recommended by the Board of Ethics and direct staff to disseminate the handbook to all City officers and employees including Citizen Advisory Board members and to make the handbook available to the Public. It was moved by Cr. Becker, seconded by Cr. Mehl to approve the newly drafted City of Bozeman Ethics Handbook as presented and recommended by the Board of Ethics and direct staff to disseminate the handbook to all City officers and employees including Citizen Advisory Board members and to make the handbook available to the Public. Those voting Ave beinp,Crs. Becker, Mehl,Taylor,Andrus and Mavor Krauss. Those votinjZ No being none. The motion passed 5-0. 2:54:29 2. KohI's Site Plan/Certificate of Appropriateness Application Appeal of Administrative Decision No.C-10002 (Krueger) 2:54:51 Chris Saunders,Interim Planning Director Mr. Saunders gave the staff presentation regarding the Kohl's Site Plan/Certificate of Appropriateness Application Appeal of Administrative Decision No.C-10002. The purpose of this item this evening is to set the appeal hearing date. 2:57:56 Susan Swimley, Applicant Representative Ms. Swimley gave the applicant presentation regarding the Kohl's Site Plan/Certificate of Appropriateness Application Appeal of Administrative Decision No.C-10002. They agree with the hearing publications. They would request that it be set at the earliest possible date. 2:59:06 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. Page 8 of 15 Minutes of the Bozeman City Commission Meeting,November 8,2010 3:12:03 2. Legion Breakfast/Check The Clerk was directed to advertise for a quorum for this all day event. Mayor Krauss will come in and pick up the check. The breakfast begins at 7 a.m. 3:13:04 3. Northwestern Energy Update Cr. Mehl stated that Northwestern Energy wants to update the Commission and the Staff regarding Capital Improvements that they have been making. The meeting is this Friday at 3:30 p.m. at the Northwestern Energy Griffin Location. 3:15:36 4. Benefit of Information/Commission Mr. Kukulski asked that it be clarified that when one Commissioner asks for clarification from Staff, responses should be sent to the entire Commission. The default is that all 5 get the information unless specifically addressed. 3:17:25 5. Safeway Project Mr. Kukulski recognized staff members who helped get the Safeway Project through. It went smoothly. 3.18:17 6. Charter Amendment Mr. Sullivan stated that the increase of the Commission Ballot Measure failed. Certification will come from the Clerk & Recorder on this election result. 3:18:49 7. Ethics Training Mr. Sullivan stated that an on-line '/2 hour course is being put together in order to meet the Charter requirement. 3:21:28 8. NW Energy Cleveland Willson Lighting District Mr. Winn stated that Ms. Arkell has been working with NW Energy on this historical district. They are ready to do a major over hall on the lighting in this district. The underground wiring is shot. 3:24:46 9. Demolition by Neglect This was moved down on the priority list. REMU has trumped this item. The priority list will be looked at again in January. 3:29:16 10. Bozeman Creek Meeting Cr. Taylor likes the idea of a Commission Member going to the meeting on Tuesday. 3:29:58 11. Policy Meeting Cr. Andrus urged that the Commission hold more policy type meetings like the water meeting that was held last week. She found this to be very informative. Page 7 of 8 ( I - - ZO/O 1linutes of the Bozeman CJtr Commission Aieeliu;,Jrutuarr 3,2011 No person commented. Mayor Krauss closed public comment. 0:08:43 H. Special Presentation —2011 Online Ethics Training(Sullivan) City Attorney Greg Sullivan gave a special presentation regarding the 2011 Online Ethics Training for staff and advisory Board Members, 0:18:05 I. Action Items 0:18:23 1. City of Bozeman's Economic Development Council 2010—2011 Priorities and Recommendations (Fontenot) 0.18:35 Brit Fontenot, Economic Development Liaison and Assistant to the City Manager Mr_ Fontenot gave the staff presentation regarding the City of Bozeman's Economic Development Council (EDC) 2010—2011 Priorities and Recommendations. He spoke regarding the City of Bozeman Economic Development Plan and the establishment of the Economic Development Council. He spoke regarding the groups accomplishments. 0:22:43 Chris Westlake, Chair for EDC Mr. Westlake stated that the establishment of the Council was a big thing for the City to do. I-Ie spoke regarding the EDC representing the City's priorities. 0:24:36 Mr. Fontenot Mr. Fontenot spoke regarding the EDC's Preamble. 0:26:55 Mr. Fontenot Mr. Fontenot spoke regarding the Priorities following: l) Ongoing financial commitment to Economic Development. 2) Commitment to a business-friendly process with a focus on retention and expansion of existing local businesses. 3) Stabilize existing local incubators and create a full service business incubator program to achieve a healthy business ecosystem. 4) Core Services and Infrastructure. 5) Identification and Establishment of Business Incentives. 6) Workforce Development, 0:30:30 Mr. Fontenot Mr. Fontenot spoke regarding the Economic Development Council Priority and Recommendation Matrix. 0:36:23 Cr. Mehl 3 01 - 03 - jl Minutes ofibe Bozeman C'ils'Cnntntissiw+.Jmurarl'18,2011 3:28:28 2. Appointments to the Board of Ethics (Kissel) 3:28:39 Motion and Vote to appoint Mary Jane McGarity to the Board of Ethics. It was moved by Cr.Andrus, seconded by Cr. Taylor to appoint Mary Jane McGarity to the Board of Ethics. Those voting Aye beine Crs.Andrus, Tavlor,Becker,Mehl and Mayor Krauss Those voting No beine none. The motion passed 5-0. 3:28:59 3. (Re)Appointments to the Bozeman Area Bicycle Advisory Board (Kissel) 3.29:04 Motion and Vote to re-appoint Jason Delmuc and Bill Cochran and appoint Samual Haroldson and Audrey Kalinowski to the Bozeman Area Bicycle Advisory Board. It was moved by Cr. Taylor,seconded by Cr. Mehl to re-appoint Jason Delmue and Bill Cochran and appoint Samual Haroldson and Audrey Kalinowski to the Bozeman Area Bicycle Advisory Board. Those voting Ave being Crs. Taylor, Mehl, Andrus, Becker and Mayor Krauss Those voting No being none. The motion passed 5-0. 3:29:30 4. (Re) Appointments to the Recreation and Parks Advisory Board (Kissel) 3:29:36 Motion and Vote to re-appoint Robert Wade and appoint Lucia Ryan Stewart to the Recreation and Parks Advisory Board. It was moved by Cr. Becker,seconded by CL Mehl to re-appoint Robert Wade and appoint Lucia Ryan Stewart to the Recreation and Parks Advisory Board Those voting Aye being,Crs.Becker, Mehl.,Andrus Tavlor and Mayor Krauss Those voting No being none. The motion passed 5-0. 3:30:50 Motion and Vote to appoint Alexander Hallenius to the Recreation and Parks Advisory Board. 7 Di - IS - 11 Minutes of the Bozeman City Commission Meeting,August 1,2011 Those voting Aye being Crs. Mehl,Andrus,Taylor and Mayor Krauss Those voting No being none. The motion passed 4-0. 1:35:37 Break Mayor Krauss declared a break. 1:54:14 Call back to order Mayor Krauss called the meeting back to order. 1:54:20 2. Discussion regarding Revisions to the City Code of Ethics (Mayor Krauss) Mayor Krauss began the discussion regarding Revisions to the City Code of Ethics. Mayor Krauss spoke regarding his concern of sole proprietors not being able to run for office and continue to run their business. He spoke regarding the difficulties of sole proprietors being unable to present items in front of Boards that they represent. He spoke regarding the definition for personal interest. He wants to have a discussion on the sole proprietor issue. 2:01:33 Commission Discussion The Commission discussed the concern of the context of discussing this if it is because of a particular candidate,the discussion of prior issues of sole proprietorship,the goal of the Commission to make suggestions to the Ethics Board to look at this, and the 2-2 vote and the duty of a Commissioner to vote. 2:28:30 Public Comment Mayor Krauss opened public comment. 2:29:25 Jerry Pape,Public Comment Mr. Pape of 15 North 25th spoke regarding consistency. He spoke regarding an upcoming job fair for Kohls Department Store. influence and vote is the most important. 2:33:04 Daryl Schliem,Public Comment Mr. Schliem of 150 Village Way spoke regarding board policy on advisory boards. He spoke regarding involvement limitations for their community. Do not eliminate sole proprietors. Look at the Ordinance and look at the spirit of Bozeman. 2:34:57 Chris Budeski,Public Continent Mr. Budeski of 315 Sheridan Avenue stated that the timing not the best. This discussion started after the Planning Board incident where he had to resign as a board member, and has been accelerated because of running as a City Commissioner. He spoke regarding sole proprietorship. Discussion took place regarding having an employee of a board member present items. Mr. Sullivan spoke regarding alternative representation. 2:41:34 Public Comment Closed Mayor Krauss closed public comment. 2:41:39 Commission Discussion The Commission discussed having the Ethics Board explore the following: Tic votes, length of time a Commissioner is not active before they can present items to the Commission, Section k. of the Ordinance related to definitions, looking at a board member speaking to another board Page 5 of 8 Minutes of the Bozeman City Commission Meeting,August 1,2011 about their expertise. All board members treated the same or steps?, Section 2.01.040 G of the Ordinance specifically how this applies to City commissioners,being a member of an agency and should there be a clarification of rules, one rule for Citizens who join Advisory Boards and a different set for Commissioners, along with exploring the need for clarification a board member. 3:15:32 3. (Re)Appointments to the Bozeman Tourism Business Improvement District Board of Trustees (Kissel) 3:15:46 Public Comment Mayor Krauss opened public comment. 3:16:06 Matt Cese,Public Comment Mr. Cese from 800 Wheat Drive spoke regarding the Bozeman-Belgrade Lodging Association. He spoke regarding a current ballot that the Association conducted. He spoke regarding the members that are applying for the positions on this board. 3:18:50 Larry Lambert,Public Comment Mr. Lambert spoke regarding his application for the Board. He is a supporter of the TBID. He helped Great Falls develop their own TBID. Ile has attended all of Bozeman's TBID meetings and he wants to make a positive difference. 3:21:24 Mckenzie Treinen,Public Comment Ms. Trenian of 3018 West Valier stated that she is the Director of Sales for the Marriott. She feels that she would bring a balance in sales and marketing to the TBID. The TBID has the opportunity to promote economic growth. 3:22:44 Public comment closed Mayor Krauss closed public comment. 3:24:16 Motion to re- appoint Carl Solvie and appoint Larry Lambert to the TBID. It was moved by Cr. Mehl, seconded by Cr.Andrus to re-appoint Carl Solvie and appoint Larry Lambert to the TBID. 3:26:42 Vote on the Motion to re- appoint Carl Solvic and appoint Larry Lambert to the TBID. Those voting Aye being Crs. Mehl, Andrus, Taylor and Mayor Krauss. Those votine No being none. The motion passed 4-0. 3:26:51 4. (Re)Appointments to the Design Review Board (Kissel) 3:27:03 Motion and Vote to reappoint Scott Bechtle , Mark Hufstetler,Mike Pentecost and Bill Rea to the Design review Board. Page 6 of 8