| Regular City Commission Meeting | Mayor Gayle Morris Presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: City Commissioners present: Joan Bennett, Bob Deming, Vicki Everson, John Gilbert and Gayle Morris. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Planning, Finance, Park & Recreation, Fairgrounds, Personnel, Fire Chief, Police Chief, and the City Clerk.
The City Commission adopted an objective to "modernize, update, and streamline the Great Falls Municipal Code". In keeping with that directive, each City Department was assigned certain sections of the Official Code for the City of Great Falls (OCCGF) to review and propose revisions. Each Department was to review the Title(s) assigned with the following criteria in mind:
Title 10 was assigned to the Great Falls Police Department. The proposed deletions to the codes are either covered under Montana State Law or represent ordinances which are obsolete.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2646. Mayor Morris closed the public hearing.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Ordinance 2646.
Commissioner Gilbert asked Chief Jones to clarify the meaning of 10.09.020 which would prohibit rollerblading on the streets. Commissioner Gilbert stated that there are neighborhoods without sidewalks and it would be difficult to comply with the law. Chief Jones stated that he was researching it and would prepare an amendment, if necessary, allowing rollerblading on the streets.
Motion carried 5-0.
Administrative rules of the State of Montana require that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. The City received notice that the State adopted this amendment on February 24, 1994.
The changes include:
Uniform Building Code (15.01) adopting appendix Chapter of the 1991 Edition of the Uniform Building Code having to do with: agricultural buildings, conventional light frame construction in high wind areas, water proofing and damp proofing foundations, and accessibility for existing buildings.
Uniform Housing Code (15.03) amending the 1991 Edition of the Uniform Housing Code. The change adopts an amendment to Section 1001(b) by the addition of a sentence affecting minimum room heights.
Model Energy Code (15.06) adopting the 1992 Edition of the Model Energy Code in place of the 1989 Edition.
Uniform Plumbing Code (15.09) amending the 1991 Edition of the Uniform Plumbing Code affecting the minimum required plumbing fixture table by adopting use of Appendix Chapter C of the Uniform Plumbing Code for hospitals and nursing homes.
National Electrical Code (15.10) adopting the 1993 Edition of the National Electrical Code in place of the 1990 Edition.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2665. Mayor Morris closed the public hearing.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2665.
Motion carried 5-0.
In 1993 the sign code was revised in order to provide an up to date enforceable management tool for signage within the City limits. The Community Development Staff identified some areas needing further clarification, including the definitions of premise and projecting sign. Also, allowances for properties in excess of 30,000 square feet were also addressed. Finally, the Great Falls Transit District proposed selling advertising space on its transit shelters and Staff proposed changes that would permit this within the confines of the bench sign section of this Code.
Mayor Morris declared the public hearing open. No one appeared to speak in opposition to Ordinance 2666. John Pannell, 2765 Fern Drive, spoke in support of the proposed amendments. Mayor Morris closed the public hearing.
Commissioner Everson stated that the Commission received letters with suggestions regarding the sign code amendments and asked if they could postpone action on the Ordinance. Commissioner Gilbert stated that the letters were in support of the sign code except one comment.
Commissioner Gilbert asked Jay Geisinger, Zoning Technician, to clarify the comment made in the letter. Mr. Geisinger stated that the sign code currently states that 200 square feet of sign is allowed per frontage. If a business has multiple frontages, such as a corner lot, then the business could have a total of 400 square feet. Mr. Geisinger stated that the code should have been 200 square feet of sign is allowed per premise. He added that the frontage terminology was in error. He concluded that the sign code has been enforced as 200 square feet per premise.
Commissioner Everson asked Mr. Geisinger if he knew why Mr. Tony Thielen from Epcon signs would oppose the proposed clarification to the sign code. Mr. Geisinger surmised that Mr. Thielen is in the sign business and would like to sell as many signs as possible.
Cheryl Patton, Community Development Director, clarified how this amendment would affect pole signs on property.
Commissioner Everson asked if the comment in another letter regarding an electrical test was valid.
Jay Geisinger stated that currently the electrical inspector already performs a test and the person writing the letter would like the test to be done more thoroughly.
Commissioner Everson then moved, seconded by Commissioner Deming, that the City Commission adopt Ordinance 2666.
Motion carried 5-0.
PROCLAMATIONS
Mayor Morris read a proclamation and a letter regarding Workers Memorial Day on April 28 and in honor a Jill Metzger, a refinery worker who recently died while working at Montana Refinery.
The property at S35' of N½ of Lot 8, Block 587, Great Falls First Addition (described as 716 11th Street South), owned by John A. Paliga and Charles Pulst, was issued a Notice to Abate a Dangerous Building on April 28, 1993. The property owners did not repair nor demolish said buildings. City staff received bids and awarded the contract to the lowest bidder. The demolition work has been inspected and approved. The following expenses were incurred:
| Demolition by Meyers Demo | $2,800 00 |
| Ownership Report | 100.00 |
| Publishing Costs | 15.64 |
| Printing Costs | 10.70 |
| Postage | 7.77 |
| Administrative Fee | 100.00 |
| Recording Costs | 12.00 |
| TOTAL | $3,046.11 |
Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8642. Mayor Morris closed the public hearing.
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8632.
Motion carried 5-0.
Community Development Block Grant regulations require at least one public hearing on the Proposed Statement. The public was also encouraged to comment on the City's overall Community Development program performance and policies. The Proposed Statement was published in the Great Falls Tribune on April 12, 1994 and the Consumers Press on April 13, 1994.
Mayor Morris declared the public hearing open. Those speaking in support of the Proposed Statement were as follows: Vi Meade (2901 1st Avenue North) representative of the Income Property Owners and Managers. Ms. Meade encouraged the City Commission to consider the IPOM's proposal to provide fair housing services in Great Falls.
Bill Jones (2733 Greenbriar Drive), Executive Director for the Great Falls Mobility Impaired Housing. He stated that the Board's goal was to establish a collaborated effort in the community to build a semi-independent housing project for the mobility impaired. He added that the goal has been reached and invited the City Commission for the ground breaking ceremony.
Owen Robinson (1029 17th Avenue SW), representing Center Stage, Inc., supported the CDC's recommendation for funding. Chuck Fuller (708 33rd Avenue NE), Charity Johnson (1208 US Hwy 89, Sun River, Montana), Alan Lanning (525 32nd Avenue NE) and Emily Osmoss all spoke in support of Center Stage.
Sandy Filipowicz (Community Help Line Director) spoke in support of the CDBG Proposed Statement.
Those speaking in opposition to the Proposed Statement were as follows:
Toni Austad (2216 5th Avenue SW), Director of the Council for Concerned Citizens, spoke in opposition to the CDBG Proposed Statement. She stated she was disappointed in the CDC's failure to recommend funding for the model landlord/tenant project. She accused the City of arbitrarily picking and choosing when to implement a policy funding operating expenses. She objected to the CDC and City Staff making jokes about the CCC's ernest desire to assist renters, most of whom are low-income, who are experiencing problems with their landlords.
Bonnie Bacon, (Council for Concerned Citizens Office Manager) spoke in opposition to the CDBG Proposed Statement. She encouraged the City Commission to support the landlord/tenant project. She also stated that in the Request for Proposals for Fair Housing Educational activities, Native Americans were singled out as needing training on how to become "prepared to rent an apartment."
There being no one further to speak in opposition to or support of the 1994/95 CDBG Proposed Statement, Mayor Morris declared the public hearing closed.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission close the public hearing and schedule action on the Final Statement for May 3, 1994.
Mayor Morris requested Toni Austad submit, in writing, a list of names and the statements she alluded to in her testimony.
Motion carried 5-0.
Mayor Morris enumerated the twelve (12) Consent Agenda items as follows:
Amended Plat, South ½ Lot 13, Block 1, GF 15th Addition. The amended plat subdivides the south one-half of Lot 13, Block 1, Fifteenth Addition into two parcels. The involved property is located between 5th and 7th Street South immediately south of Bison Motor Company. The accompanying agreement addresses storm drainage requirements and eventual consolidation of the parcel being created with adjoining property.
The Planning Board passed a motion recommending the City Commission approve the amended plat with a necessary variance to the standard requiring every lot to have frontage upon a public street, subject to the involved parties:
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus items 11, 14, 15 and 17.
Motion carried 5-0.
Award contract in the amount of $1,866,727 (base bid and Alternate 1, 2, 3, and 4) to James Talcott Construction.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission award a contract in the amount of $1,866,727 (base bid and Alternates No. 1, 2, 3, and 4) to James Talcott Construction for the Four Seasons Arena Renovation and Enhancements at the Montana State Fairgrounds and that the City Manager and staff be authorized to execute the necessary contract documents.
Commissioner Everson stated she would abstain due to a conflict of interest.
Motion carried 4-0-1 (Commissioner Everson abstaining).
Agreement with Montana Pizza Inc, to allow a mobile-type cart concession in the parking lot at Broadwater Bay between May 27, 1994 through September 30, 1994. The concessionaire will pay $150.00 per month during the term of the agreement.
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission approve the concession agreement with Montana Pizza, Inc. and authorize the City Manager to execute said agreement.
Commissioner Everson proposed that paragraph #5 on page 4 of the contract be deleted. Commissioner Gilbert concurred.
Commissioner Bennett moved to amend the original motion, that the City Commission approve the concession agreement with Montana Pizza, Inc., minus paragraph #5 on page 4 be removed.
Motion carried 5-0.
The amended plat subdivides the south one-half of Lot 13, Block 1, Fifteenth Addition into two parcels. The involved property is located between 5th and 7th Street South immediately south of Bison Motor Company. The accompanying agreement addresses storm drainage requirements and eventual consolidation of the parcel being created with adjoining property.
The Planning Board passed a motion recommending the City Commission approve the amended plat with a necessary variance to the standard requiring every lot to have frontage upon a public street, subject to the involved parties:
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission grant the necessary a variance to the standard requiring every lot to have frontage upon a public street and approve the Amended Plat of the South one-half lot 13, Block 1, Fifteenth Addition, and the accompanying Agreement.
Commissioner Everson asked if the agreement could stipulate that the parcels be considered separately and that they must be landscaped. John Mooney, City/County Planning Director, stated that was the intent of the agreement.
Commissioner Gilbert reinforced the Commission's concern that the landscaping ordinance be strictly enforced.
Motion carried 5-0.
Release, abandonment and quit claim for an existing utility easement located on the former Van Spyk's property in Block 599, Fifth Addition to Great Falls.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission approve the attached release, abandonment and quit claim for an existing utility easement located on the former Van Spyk's property in Block 599, Fifth Addition to Great Falls and that the City Manager be authorized to execute the same.
Commissioner Gilbert stated he would abstain due to a conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
Ted J. Mitchell, potential purchase of the property described as the West 10 feet of Lot 13, and Lot 14, Block 9, Fairview Addition, and located at the northeast corner of the intersection of 12th Avenue South and 14th Street South, requested a variance to allow the placement of 16 off-street parking stalls on a lot that is 450 feet from the property it serves.
The Board of Adjustment recommended the City Commission deny the variance request.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission concur with the Board of Adjustment's recommendation to deny the variance request.
Commissioner Gilbert thanked Mr. Mitchell for all his work on the Planning Board. However, he stated that the issue before the Commission was more than a variance request of 50 feet. He stated it pertained to the entire 10th Avenue South Corridor issue.
Mr. Mitchell thanked the Commission for their consideration on the variance request.
Motion carried 5-0.
The Great Falls Transit District notified the City that Sharon Sawyer resigned from the Transit District. Ms. Sawyer's term would have expired on December 31, 1996.
Commissioner moved, seconded by Commissioner, that the City Commission appoint Commissioners Deming and Gilbert to the selection board to appoint a new member for the G.F. Transit Board and authorize the City Clerk to coordinate the selection meeting with Cascade County and the Transit District Board.
Motion carried 5-0.
There being no further business to come before the Commission, the regular meeting of April 19, 1994, adjourned at 8:11 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk