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HomeMy WebLinkAbout1989-09-18 < .. ..i;," MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONT ANA September 18, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 18, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Stiff stated that the minutes of the regular meetings of September 5 and Sep- tember 11, 1989 are not yet complete due to the League Convention and deferred action on them to a later date. Open bids - sanitary landfill compactor (CIP) This was the time and place set for the opening of bids for a sanitary landfill compactor. The City Manager noted that monies for this equipment have been appropriated through the Capital Improvement Program for the current fiscal year. The affidavit of publication of Call for Bids was presented. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bids be opened and read. 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. The following bid was opened and read aloud: Total Bid Tractor and Equipment Company Billings, Montana $198,974.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bid be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 09-18-89 --------- ~ f . ; -2- 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 Apri I 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 , j -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- ------ ....-- 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- .t to the City Manager. He further noted that the Planning Director is hired, evaluated, ~ . J,J salary set and1ired 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. Tpe 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 C(,mmission, 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 staff1s 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 week1s 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. B rea k - 3: 05 to 3: 1 2 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. re- 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 llpunch listll 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 lnterlocal 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 publ ic 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 . . . . -------- -7- Commissioner Vant Hull stated a second issue she feels should be addressed is the proposed change in height restrictions. Mayor Stiff noted that, although he does agree with Commissioner Vant Hull in con- cept, the two issues she has raised are not philosophical in nature. He cautioned the Commissioners that input at this time is to be philosophical only, not substantive. He then stated that to have the Commissioners submit their Individual input in writing is important and necessary at this time. Commissioner Hawks stated there are items he feels need to be addressed during the public hearing; however, he noted that until after the public hearing has been held, he does not know what changes might be appropriate. Following a brief discussion, the Commission concurred that each Commissioner would submit his or her philosophical concerns individually in writing by the Friday dead- line. .; Commissioner Vant Hull distributed to the Commission a two-page memo of proposed If changes, which she is submitting to the consultants. She noted Ulf.~lY of these proposed changes are typographical in nature. Discussion re arts community assessment City Manager Wysocki stated that Commissioner Goehrung had requested this item be placed on the agenda. Commissioner Goehrung stated that while in Helena last week, he visited with Mr. Bill Pratt from the Montana Arts Council, concerning the work to be completed under the grant which the City has received for development of a community cultural plan. The Commissioner then stated that he has also talked with Mr. Ralph Johnson, spokesman for the Beautification Committee, who has indicated that committee wishes to con- tinue until the first of the year. He noted they wish to continue working on a sculpture site on North 7th Avenue, hoping to complete the preliminary work on the site and reloca- tion of the Chamber of Commerce information center by the end of the year. Commissioner Goehrung stated that the arts community assessment is an aspect of the grant which should be undertaken as soon as possible. He noted that the first step is to identify the arts groups and submit surveys to those groups. He noted that when those results are received, it is then necessary to compile them and determine which sur- veys have not been returned and what areas are lacking in information. A follow-up to the survey is then needed so that the basic information is accurate. Commissioner Goehrung suggested that Dennis Seibel could be contracted to be re- sponsible for the survey work, serving under the direction of the Cultural Affairs Adviso- ry Committee. He noted that monies were included in the budget contained in the grant 09-18-89 . , . ;. -8- application to fund personnel for this purpose; and those monies could be utilized at this time. City Manager Wysocki reminded the Commission that Dennis Seibel's beautification duties will end very shortly; and his hours will be decreased accordingly. Commissioner Martel asked about the status of the beautification budget at this time. The City Manager responded that the beautification budget is in a positive cash posi- tion at this time; however, he does not know the exact figure or the amount of the City contribution at this time. Commissioner Hawks noted that when the Arts Advisory Committee and the Beautifi- cation Committee were combined to form the Cultural Affairs Advisory Committee, it was to be sunsetted June 30, 1990. Commissioner Goehrung noted that some of those who were serving on the Beautifica- tion Committee may submit their resignations after the first of the calendar year, suggest- ing that people from various elements of the arts community could be appointed to fill those vacancies and create a balanced board. City Manager Wysocki suggested a review of the minutes from the meeting when the two committees were combined into one might be beneficial to determine any sunsetting dates or terminations of boards. The Commission concurred. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission authorize contracting with Dennis Seibel to undertake the arts community assessment survey as a part of the project being funded through the Montana Arts Council grant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion II items. (1) A reminder of the meeting to be held Thursday, September 21, at 5:30 p.m. at the Holiday Inn. He noted this meeting is sponsored by the Chamber of Commerce; and those planning to attend are requested to call reservations to the Chamber office. (2) A letter from the State of Montana Department of Commerce announcing that Bozeman is now a SUPERHOST community. (3) A press release as prepared by the National Organization on Disability, in- dicating that Soviet Parliament member Ilya losevich Zaslavsky is visiting in the United States and is to visit two sites which have received N. O. D. awards, including Bozeman. 09-18-89 . ' . . . -9- Mayor Stiff stated that Mr. Zaslavsky was in Bozeman yesterday; and he attended the activities held at Langohr Campground in the afternoon. He noted that both Mr. and Mrs. Zaslavsky have handicaps; and they were very interested in the programs and ser- vices which are being provided for such persons in this country. The Mayor noted that several groups and organizations were represented at the event; and several nice gifts were given to Mr. Zaslavsky. (4) The City Manager submitted his report as follows. (1) He received a call Thursday in Helena to inform him of a water contamination problem at the Nelson Trailer Cou rt . He noted the staff addressed the problem well; and temporary lines have been laid from a fire hydrant through the trailer court to provide City water. He stated that Mrs. Nelson has asked about the possibility of hooking onto City water; however, that will re- quire a looped system, at an estimated cost of $55,000 to $60,000. He suggested a small special improvement district, possibly including other residents in that area as well, might be possible. He further noted that, since those people reside outside the city limits, it is City policy to require a waiver of protest for annexation. (2) A fire resulted from a burn conducted by a group generally comprised of volunteers at the old landfill site on Satur- day. The group was burning off the ground cover to see the actual surface and try to determine how it can be Incorporated into the East Gallatin State Park. The fire went un- derground; and the Fire Department responded. Also, City crews took some of the equip- ment from the new landfill to dig the fire out; and eventually a County caterpillar was also asked to respond. The City Manager noted this is another example of cooperation between the City and the County. (3) The City Manager submitted to the Commission the Certifi- cate of Excellence in Financial Reporting for the fiscal year ending June 30, 1988, as is- sued by the Government Finance Officers' Association. He noted this is the fifth year in a row the City has received this award, largely due to the people in the Finance Depart- ment. (4) The City Manager noted the League Conference held in Helena last week includ- ed several pertinent subjects. The Mayor stated that the City Manager and Clerk of the Commission made an excellent presentation to the Conference Site Committee; and Bozeman will host the convention next year at the Holiday Inn and the GranTree Inn. (5) Commissioner Vant Hull stated she has clipped articles from The Spokesman Review concerning an incinerator plant. She noted she has also clipped an article from The Billings Gazette concerning Increased local law enforcement, suggesting such a pro- gram could be undertaken in Bozeman as well. She indicated she will place the articles by the mailboxes for those who wish to review them. (6) Mayor Stiff noted the Commissioners have received a one-page memo from Mike Ward concerning his attendance at the City Attorney's meeting held on Friday, since City Attorney Becker was In the Supreme Court. 09-18-89 '"- ' . ) . . . .. -10- Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Re Report for August 1989 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Adjournment - 3:58 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. 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. 09-18-89