Loading...
HomeMy WebLinkAbout1989-09-11 .i .~ . . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 11, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 11,1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Vant Hull was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes Mayor Stiff noted that the minutes of the regular meeting of September 5, 1989 are not yet complete and deferred action on them to a later date. Award bid - Renovation of ;B(>gert Park Bandshell This was the time and place set for award of bid for the renovation of the Bogert Park Bandshell. City Manager Wysocki submitted to the Commission a memo from Engineering Officer Lance Kelley requesting that action on this item be deferred for a period of one week to allow staff an opportunity to negotiate with the single bidder to reduce the costs of the bid received. The City Manager then stated that staff negotiated with the bidder earlier today and, through changes in the processes and materials to be used, has decreased the amount of the base bid from $58,000 to $51,858. City Manager Wysocki stated that, in addition to the amount to be paid for con- struction of the improvements, architect's fees are $4,000. He then reminded the Commis- sion that $45,000 has been budgeted in the Capital Improvement Program for this project. He then noted that of the $45,000, $15,000 has been pledged by the Rotary Club of Bozeman and an additional $5,000 to $6,000 in private pledges have been obtained. The City Manager thanked Mr. Henry Gardiner for his efforts in raising these private monies through his involvement and interest in the project. The City Manager then recommended that the Commission award the bid to Kearns Construction, I nc., Bozeman, Montana, in the negotiated amount of $51,858 so the project can be undertaken immediately. He suggested that the approximate $10,000 over the amount budgeted can be covered by a budget amendment later in the year. He then suggested that additional private donations could decrease the amount which the City must cover. Commissioner Hawks asked if the architect has reviewed the figures as negotiated to 09-11-89 ~ . . . - 2 - ~ ensure the project is not being compromised; the City Manager responded the negotiations will not compromise the project. V- ------ It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the bid for renovation of the Bogert Park bandshell be awarded to Kearns Construction, Inc., Bozeman, Montana, in the negotiated bid amount of $51 ,858, It being the only bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. -::b~ Mayor Stiff thanked Mr. Gardiner for everything he has done to make this project a reality, and encouraged him to continue In this endeavor. zone This was the time and place set for the decision on the Zone Code Amendment re- quested by Mark Duffy to amend Section 18.542. 140A of the Bozeman Municipal Code to add "limited helicopter landing and storage facilities" to the list of conditional uses in the A-S, Agrlculture--Suburban, zone. City Manager Wysocki reminded the Commission that an extensive public hearing was conducted on this application at last week's meeting. He further reminded the Commission that the Planning staff recommended denial of this application; and the Zoning Commission unanimously supported that recommendation. Commissioner Martel stated he has reviewed many of his questions and concerns with Planning Director Epple. He noted that all of the public testimony before both the Zoning Commission and the City Commission was site specific. He stated that those who spoke in opposition to the proposed zone code amendment reside in the area immediately adjacent to Mr. Duffy's property. He noted that the Agriculture--Suburban district is located along the entire periphery of the city limits; and only one small portion of that entire district has been heard from. Commissioner Martel then expressed concern about not approving this requested zone code amendment for all of the A-S district based on the opposition submitted, especially since it might be desirable or beneficial to allow some type of helicopter operation some- where in the district in the future. The Commissioner reminded the Commission that if this zone code amendment is approved, a specific application must still go through the condi- tional use process; and site-specific issues can be more appropriately addressed at that time. He noted that Issues such as noise and screening can be addressed and mitigated through the conditions attached to approval. He noted that some of the permitted condi- tional uses in the A-S zone could be more detrimental to residences than the proposed 09-11-89 . .... l' . - 3 - operation. The Commissioner once again emphasized that when considering a zone code amendment, one must consider the entire zone involved, not just one specific site. Commissioner Goehrung stated that, based on information submitted by the staff and taking the testimony as generic to all A-S zones, he feels that a limited helicopter service with up to five helicopters could have a high impact on the area. He further noted that testimony has indicated that federal standards are not stringent enough to reflect the needs and concerns of this community. Commissioner Hawks stated the guidelines presented for the conditional use process do not address the potential conflicts between the proposed use and other A-S uses. He then noted that under the newly drafted zone code, this type of use would be addressed through the planned unit development process, in a portion of the A-S zone where it would be compatible with its surroundings. He stated he feels that is a better approach to the issue than the proposed zone code amendment to the existing code. Mayor Stiff stated the Duffy's run a very good operation; and their neighbors have indicated no problem with it. He noted that, at this time, the Commission is making a zone code amendment decision, which affects the entire community. He stated that five helicop- ters in one location Is quite a few. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Zone Code Amendment requested by Mark Duffy to amend Section 18.542. 140A of the Bozeman Municipal Code to add "limlted helicopter landing and storage facilities" to the list of conditional uses in the A-S, Agrlculture--Suburban, zone be denied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Com- missioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Presentation re neighborhood watch program - Lt. Larry Conner City Manager Wysocki stated that Mayor Stiff had requested this item be placed on the agenda. Mayor Stiff thanked Lieutenant Conner for his willingness to submit this presenta- tion. He noted that in the past month, he has had several people contact him with prob- lems varying from minor to major; and he feels that a volunteer program may help to ad- dress some of those issues. Lieutenant Larry Conner, Bozeman Police Department, stated he has been with the City for eighteen years. He gave a brief presentation on the neighborhood watch program, noting it is a volunteer program which must be initiated by the residents. He noted that many years ago, neighborhoods were generally single-family areas; and the people knew their neighbors. He stated that situation has changed; and many people do not know their neighbors on a first-name basis. 09-11-89 .',.. ' ' . - 4 - -nel~hbgrs on a first-name bil&is. Lieutenant Conner stated the neighborhood watch program was designed as a citizen help program; and they supply Information to the Police Department concerning suspicious persons and activities in an area. He noted this program gives people in a neighborhood an opportunity to do something to preserve what they have worked hard for--their homes. He cited the recent rash of burglaries by liThe Creeper," noting he walked into unlocked houses during the night and took money or whatever was valuable. He stated that in this instance, no one was hurt; however, in some burglary cases a homeowner may be injured or ki lied. The Lieutenant stated that to start a neighborhood watch program, anyone may ap- proach h is or her neighbors to sell the idea. If the neighborhood supports the idea, a member of the Bozeman. Police Department will meet with those interested persons and pro- vide them with the information necessary to begin. He stated the program can include watching out for each other; watching out for a neighbor's children; or watching someone's home when they are away, including taking in the mail and circulars which may be left. Lieutenant Conner stated the Police Department tried to sell the neighborhood watch program several years ago; but it failed because people did not. want to get involved. He noted that in the one area where it was successful, crime was virtually eliminated; and they seldom respond to criminal complaints in the area now. The Lieutenant stated there are brochures on the neighborhood watch program, noting it is a self-explanatory program. In response to a question from Mayor Stiff, Lieutenant Conner stated a neighborhood watch could be started with three residences; and it could later be expanded to include three or four blocks. He noted the size of the area included is limited by the number of people who wish to become involved. Commissioner Goehrung asked if holding a series of informational meetings on the neighborhood watch in schools around the community could provide a possible springboard for implementing some programs. The Lieutenant indicated that could be possible. He then stated that, due to the lack of response to the previous meetings, the Police Department took a different approach to the situation. He noted that at this time, a representative of the Police Department vis- its all classes in grades K through 4. During his presentation, the officer addresses issues such as strangers, bicycle safety and pedestrian safety; and he then asks questions about whether the home is locked, the garage door is open, the bicycles a re left out, and whether the car doors are locked when the car is parked downtown. He noted this raises their awareness about such Issues; and they often question their parents if the safe actions are not ta ken. He noted that the education sessions will begin on September 22 this year; and the presentation could be adjusted slightly to include information on the neighborhood watch 09-11-89 .' , . ,. - 5 - program. Commissioner Goehrung noted that implementation of a neighborhood watch program could create a demand on a police officer's time in the beginning and asked if it would pay off over a period of time. The Lieutenant responded it would. He noted that anytime the community becomes involved, there will be positive results. Mayor Stiff noted that the nature of neighborhoods changes. He then asked what sort of response could be expected from various types, including young professionals with no chi Idren and college students. Lieutenant Conner stated he has no statistical Information on that question. He not- ed that he has seen four college students in a rented house become actively involved in the neighborhood, taking an interest in the neighbors and the chi Idren in the area. Commissioner Martel asked if the Police Department has been approached by any Par- ent Teacher Associations about doing a presentation to them; the Lieutenant responded they have not. City Manager Wysocki noted that timing is important to the success of this type of program. He noted that if something is happening, like the recent rash of burglaries, they are more willing to become involved in a neighborhood watch program. Mayor Stiff suggested that newspaper coverage of the neighborhood watch program might also generate some interest. The Commission thanked Lieutenant Conner for his presentation. Presentation re in front of Dari- go property - City Manager Wysocki stated that Dennis Seibel, Beautification Coordinator, has re- quested an opportunity to address the Commission concerning the proposed placement of a sculpture on public right-of-way in front of the Darigold property located along the west side of North Seventh Avenue. Mr. Dennis Seibel submitted to the Commission a sketch of the proposed beautifica- tion project along the public right-of-way in front of the Darigold property. He noted this proposal includes a site for a sculpture as well as a site for the Chamber of Commerce in- formation center. He noted the strip is 300 feet long; and it could set an example for im- provement of the streetscape in the decade ahead. He briefly highlighted the information submitted during his last presentation on the issue, noting that Darlgold has indicated a willingness to install an underground sprinkler system, including between the sidewalk and the curb. He also noted that they are willing to mow the grass in the summer and shovel the sidewalk in the winter. Mr. Seibel stated that U. S. West has pledged $1,000 to the 09-11-89 .- , . , - 6 - project, and they are anxious to donate the money within the next 45 days; however, they must be assured that the project will become a reality. He also noted that the Chamber of Commerce has indicated a willingness to participate, since its information center is to be re- located to the site. Ms. Daria Joyner, Executive Di rector of the Bozeman Area Chamber of Commerce, stated that the Chamber has been interested In obtaining a permanent home for its Infor- mation center. Mr. Dennis Seibel stated that Darigold has Indicated a willingness to provide a 60- foot strip of land, extending west from the sidewalk, through short-term agreements, for the beautification project. He then noted that under the existing plans, the site is to be improved with little capital outlay. He stated the sculpture could be selected by a commit- tee appointed to do so; and the sculpture could be changed every two years to allow an op- portunity to reflect different styles. Mr. Seibel then asked that the City indicate its willingness to construct the sidewalk as Its part of this project. He stated if that is not possible, he can pursue private fund- ing sources in an effort to collect at least part, if not all, of the monies needed for instal- lation of the sidewalk. Mr. Seibel stated that the circle of sidewalk includes ramps on either side, since the area to the west is raised, as well as a seating area. He suggested that the seating will be placed on the west side of the circle so people can look out over the sculpture and the street. He stated the diameter of the circle is approximately 42 feet; and the sidewalk is handicapped accessible. Commissioner Martel noted that during the previous discussion on this item, the is- sue of parking for trailer towing units and large vehicles was raised; however, no provision has been made for those. Mr. Seibel stated that there Is a parking strip along North 7th Avenue; and he an- ticipates that large vehicles would park in it. He noted that Darigold has indicated a will- ingness to relinquish three or four of its parking spaces in the corner for regular vehicle parking; and those spaces are to be designated "visitor" parking. Mayor Stiff asked if the square footage and cost of sidewalk installation has been computed. Mr. Seibel responded that Mr. Dick Pohl is currently working on those figures. He indicated he will submit that information when it is ready. He then asked the Commission to at least conceptually endorse the proposal at this time, so the Committee can receive the donation from U. S. West and proceed with the project. The City Manager noted that the Chamber of Commerce is interested in the Com- mission's decision on this request also, since relocation of their information center is a part 09-11-89 .~ . . - 7 - of the project. He stated if that is to be done, they will want to undertake relocation of the building early in the spring so it is ready for the summer tourist season. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission accept conceptually the plan as set forth in the drawing submitted and indicate the City's support and potential willingness to participate in construction of the sidewalk if determined possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1281 - Appropriation Ordinance for Fiscal Year 1989-90 City Manager Wysocki presented Ordinance No. 1281, as approved by the City Attor- ney, entitled: ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1990. The City Manager reminded the Commission that the public hearing has been con- ducted on this ordinance. He then recommended that it be finally adopted at this time. It was moved by CommissiOner Martel, seconded by Commissioner Goehrung, that the Commission, finally adopt Ordinance No. 1281, the appropriation ordinance for Fiscal Year 1989-90. 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. , Commission Resolution No. 2758 - Mill levy resolution for Fiscal Year 1989-90 City Manager Wysocki presented Commission Resolution No. 2758, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2758 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPER- TY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1988-1989. The City Manager noted the mill levies contained in this resolution are based on those which have been carried forward throughout the budgeting process. He then recom- mended adoption of this resolution. It was moved by Commissioner Goehrung , seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2758, establishing the mill levies for Fiscal 09-11-89 .' . . - 8 - Year 1989-90. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. City Manager Wysocki presented Ordinance No. 1282, as approved by the City Attor- ney, entitled: ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "A-S" (AGRICUL TURE--SUBURBAN) TO AN "RS-l" (RESIDENTIAL SUBUR- BAN ESTATES, ONE-ACRE MINIMUM) DISTRICT ON THE REMAINDER PAR- CEL (LIFE ESTATE) OF CERTIFICATE OF SURVEY NO. 748A LOCATED IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN. The City Manager reminded the Commission that at last week's meeting, they con- ducted the public hearing on this zone map change and voted to approve it. He then rec- ommended that they provisionally adopt Ordinance No. 1282 at this time and that it be brought back in two weeks. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1282, amending the zoning designation on Re- mainder Parcel of COS No. 748A from A-S to RS-l, 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 Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - I nterlocal Agreement for the revised City-County Planning Board City Manager Wysocki submitted to the Commission a copy of the Interlocal Agreement for the revised City-County Planning Board, as revtsed by the County. City Attorney Becker stated the County Commission has already approved and signed this Agreement. He noted this Agreement is revised from the one he had submitted to the the County, noting that the provision for review after one year was totally eliminated. He also noted that any City Commission revisions at this time will result in a need to submit the document to the County Commission for new signatures. City Manager Wysocki noted there is a termination clause in the Agreement, although there is no re-opening clause. The City Attorney concurred, noting that at a later date, upon proper motion and vote and upon notification to the other party, this Agreement could be terminated; and a new one could be entered into if it was mutually agreed upon by both parties. He reminded the Commission that this Agreement cannot be modified or a new one 09-11-89 '~I '., .', .- . . - 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. He 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. S rea k - 3: 1 5 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 - ointments to boards and commissions; clarification of conflicts of nterest 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 .. . . . - 11 - 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 I nstltute 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 - ~ . . - 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 local 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. 80ard, since that Is an important element on that boa rd . 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 - FY I 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- cuss ion. (4) The City Manager distributed to the Commission Information on heliports. 09-11-89 .. ... . - 13 - (5) The City Manager distributed copies of the information sheet to be distributed at the League Convention to encourage participants to come to Bozeman for the 1990 Confer- ence. He noted that City representatives must make a presentation before the Site Commit- tee on Thursday morning; and if that presentation Is successful, these sheets will then be distributed. (6) The City Manager submitted his report, as follows. (1) Police Chief Tate will serve as Acting City Manager during the League of Cities and Towns Convention. (2) City Attorney Becker will be appearing before the Montana Supreme Court at 9:00 a.m. on Fri- day for verbal arguments in the Story case. The City Manager noted Commissioners may attend and observe if they wi sh . (3) Acknowledgement of the following donations: monies for renovation of the bandshell, which have been pledged; the City received keys to the Haynes Building, which was donated by Mrs. Isabell Haynes; and the City received a $5,000 anonymous donation to the improvements at the intersection of Durston Road and North 7th A venue. He noted these have been in the process for some time and are just now culminating. (4) The auditors are here and will be conducting field work for the next six to eight weeks. An Audit Committee meeting will be held in the next few weeks to de- termine if any items should be closely reviewed. (5) Montana Power Company is installing electrical lines for the Lindley Park well; however, it is questionable whether that water source will be utilized this fall due to the weather. (6) Street overlay projects to be un- dertaken next week include West College Street from South 8th Avenue to South 11th Ave- nue and Durston Road from North 7th Avenue to North 19th A venue. Also, West Juniper Street just west of North 7th Avenue is being improved. (7) The reservoir cover at Lyman Creek is being tested before the reservoir is refilled. (8) Agreement has been reached be- tween the City and Mr. Henderson concerning placement of bollards for the linear park; and those should be installed within the next couple of weeks. (7) Commissioner Goehrung suggested that recognition be given to those who have serv~d on the Planning Board and Zoning Commission. He suggested that plaques be given to those who have served over five years, certificates to those who have served one to five years and letters to those who have served less than one year. He noted these would be given upon termination of a board member. Commissioner Hawks stated the Planning Board has had a policy to recognize board members upon termination. The City Manager stated the City does have certificates of appreciation, which can be framed and given to individuals. He then suggested that if there are individuals cur- rently serving on the Planning Board or Zoning Commission that Commissioners would like to have apply, they should encourage such applications. (8) Mayor Stiff noted the Chamber of Commerce is sponsoring a seminar concern- ing growth/beautification at 5:30 p.m. on Thursday, September 21, at the Holiday Inn. He 09-11-89 ... , ...... ~ ~ - 14 - noted tha-t responses are to be made to the Clerk of the Commission or directly to the Chamber. Commissioner Hawks asked if members of the Beautification Committee have been no- tified, suggesting that information about the meeting be forwarded to them. The City Manager indicated the Clerk of the Commission could mail a copy to each of the committee members. (9) Mayor Stiff announced that he has received a copy of a letter from County Commissioner Jane Jelinski to Mr. Ken Panget, Montana Department of Highways, encourag- ing an update on the master plan at the T AC I PCC meeting to be held at 10: 00 a. m. on Thursday, September 21. (10) Mayor Stiff noted all of the Commissioners received a memo from Commissioner Vant Hull suggesting that the Commissioners vote on various aspects of the drafts as sub- mitted by the planning consultants. He stated that under this proposal, the Commissioners would review possible changes to the drafts, voting on whether to accept or reject those changes. He indicated those changes would then be forwarded to the consultants for possi- ble incorporation in the public hearing process and final documents. The Mayor stated this approach may work; however, he expressed concern that a number of proposed changes may receive a 3 to 2 vote. Commissioner Martel suggested that the Commissioners submit their proposals for change on an Individual basis. City Manager Wysocki noted that to resolve a few issues could let the community know how the Commission feels about certain issues prior to the public hearing process. Commissioner Hawks stated the Commission could discuss various items; however, he indicated he is not prepared to vote on any Items until after all input has been received. He suggested it would be inappropriate to vote on an item at this time, then vote in a con- trary manner later. The Commissioner then suggested it may be appropriate to split the hearing on the proposed sign code and the proposal for one dwelling per twenty acres from the public hearing on the other proposals, noting those issues could provide a substantial amount of controversy. The City Manager suggested that the Commissioners be prepared to address some of the items contained in the draft documents at next week's meeting. Adjournment - 4:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Mart~1 and Mayor Stiff; those voting No, none. 09-11-89