JOURNAL OF COMMISSION PROCEEDINGS
June 7, 1994

Regular City Commission Meeting

Mayor Gayle Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Public Works, Finance, Park & Recreation, Fairgrounds, Assistant Director of Community Development, Fire Chief, Police Chief, and the City Clerk.

Ordinance 2668 would rezone Lot 12, Block 14, Boston and Great Falls Addition, from "A" Residence Use District to "B" Residence Use District. The address of the involved lot is 3611 Fourth Avenue North. The purpose of the rezoning was to allow the structure on the involved lot, which is currently used as a duplex, to conform to zoning.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Ordinance 2668. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission deny Ordinance 2668.

Commissioner Everson stated that she had been spending some time in the neighborhood and thought that it was necessary to retain the integrity of the neighborhood which was why she made the motion to deny the ordinance.

Motion carried 5-0.

Many ordinances currently listed in the Great Falls Municipal Code book are duplicated by Montana State Law. All duplicated ordinances have been deleted in these revisions.

Currently there is no code either State or Local which covers discharge of weapons other than firearms within the corporate limits of Great Falls. An ordinance has been added to enhance enforcement efforts and better protect the citizens of Great Falls.

During the discussion at the May 17, 1994, regular Commission meeting, Commissioner Gilbert asked that OCCGF 9.65 be amended. He stated that the original language was unduly limiting some recreational activities.

Chief Jones proposed that 9.65 could read: It is unlawful for any person to discharge or cause to be discharged, any weapon, be it a pellet or b-b projectile, either compressed air or gas operated, cross bow or bow, slingshot or wrist rocket, unless it is discharged in a reasonable and responsible manner or at an indoor or outdoor range approved by the City Manager, within the corporate limits of the City of Great Falls.

The Ordinance before the City Commission was amended to incorporate the proposed language of Chief Jones.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Ordinance 2657. Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Ordinance 2657.

Commissioner Gilbert noted the amendment of the proposed ordinance.

Motion carried 5-0.

On May 3, 1994, the City Commission adopted Resolution 8634 initiating the creation of SID 1271 for roadway improvements along Park Garden Road and roadway and utility improvements along Swan Court, Robin Court, and Linden Drive. Numerous individual property owners meetings, a public meeting and subsequent working group meetings have been held prior to the introduction of Resolution 8634.

Mayor Morris declared the public hearing open. Those speaking in support of Resolution 8642 were as follows: Emmett J. Whalen, (605 Park Garden Road) stated that he circulated a petition supporting the proposed SID. He asked that the City consider placing a four-way stop sign at the intersection of Linden and Park Garden Road. He said that Park Garden Road is becoming a speedway and a stop sign would slow traffic down.

It was the consensus of the City Commission to direct Staff to research the stop sign request. Mr. Whalen also requested that a pedestrian crossing be painted on the roadway. Mr. Tufte, Public Works Director, stated that his Staff would also research that as well.

No one spoke in opposition to Resolution 8642.

There being no one further to speak in support of or opposition to Resolution 8642, Mayor Morris closed the public hearing. Mayor Morris directed the City Clerk to calculate the percentage of protests for the creation of SID 1271. The City Clerk stated that the percentage of protests was 0%.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8642.

Commissioner Bennett asked Mr. Tufte if the parking area near the park would also be paved as a part of this SID. Mr. Tufte explained that it was not included in the SID. Commissioner Everson directed Staff to research that, in addition to the pedestrian crossing and the four-way stop signs.

Motion carried 5-0.

The City of Great Falls and the Great Falls School District 1A began talks to relocate the City's Park & Recreation Department and the School District's Building and Grounds Department at a common location for the purpose of consolidating services, streamlining operations and saving taxpayer dollars. The purpose of the letter of intent is to commit to this goal. Both agencies agreed to participate dependent on an overall objective to long term cost savings. Both agencies agreed to collaborate and consolidate where feasible to more efficiently serve the public interest. And both agencies pledged the pursuit that this plan will save tax dollars.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission approve the Letter of Intent with School District No. 1A.

Commissioner Gilbert stated that this action was taking a significant step toward reducing the cost of service and was a great idea.

Motion carried 5-0.

The City Commission received a petition from business owners requesting a sign code amendment to allow sidewalk signs which are currently prohibited under the sign code. Staff drafted an ordinance in response to that petition request. The ordinance would allow sidewalk signs by permit if size and weight conditions are met and public right of way is not unduly incumbered.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2669 on first reading and set the public hearing and final reading for June 21, 1994.

Motion carried 5-0.

Truchot, Inc. and Trillium Corporation petitioned to vacate that portion of Park Drive south of Second Avenue South. The involved strip of unimproved land containing.25 acres is located immediately east of the souther portion of the former BN Railway Freight Depot.

Crop Growers Insurance is in the process of purchasing the former BN Railway Freight Depot and surrounding property south of Flynn Insurance. Abandonment of the involved portion of Park Drive will allow the purchaser to develop and utilize the unused road right of way as a landscaped parking area.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8643 and set 7:00 p.m., June 21, 1994 as the time for public hearing of an ordinance to vacate that portion of Park Drive, south of Second Avenue South.

Commissioner Gilbert stated he would abstain due to a potential conflict of interest.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

Property owner, Dave Dickman, submitted a petition to annex Block 29, Highland Park Addition, located at the southwest corner of the intersection of 13th Street South and 21st Avenue South. Mr. Dickman intends to construct a building or buildings to accommodate either a retail or service use.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8644.

Commissioner Deming stated that this action also set the public hearing for the proposed annexation for July 5, 1994.

Motion carried 5-0.

Mayor Morris enumerated the seventeen (17) Consent Agenda items as follows:

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed minus items 9, 17 and 25A.

Motion carried 5-0.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the claims over $500 list.

Commissioner Bennett stated she would abstain due to a potential conflict of interest.

Motion carried 4-0-1 (Commissioner Bennett abstaining).

Grogan Robinson Lumber Company intended to transfer the subject project to Hamby Creek Enterprises. United Savings Bank, the mortgagee on the IDR note, mortgage and security agreement consented to a release of its lien hold interest as well as a consent to the transferees. It was necessary for the City to execute the documents because the City is a party to the IDR Bond issue.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the partial release of mortgage, security agreement, leasehold interest and consent to transfer on the Grogan Robinson Lumber Company IDR Bond Issue.

Commissioner Gilbert stated he would abstain due to a potential conflict of interest.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

Mr. Ben Brown, an Eagle Scout candidate in the Boy Scouts of America, requested permission to erect a transit shelter in the boulevard at Lot 3, Block 5, Portage Meadows 1st Addition, along Fourth Avenue North.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the design and location of this transit shelter as proposed by Mr. Ben Brown.

Commissioner Deming noted that Mr. Brown was in the audience and invited him to explain his project. Mr. Brown, 1928 Central Avenue, briefly explained the transit shelter. Commissioner Everson stated Mr. Brown should be applauded for his efforts.

Motion carried 5-0.

Don Hanson submitted a letter of resignation to the Park & Recreation Board. Therefore, it was necessary for the City Commission to make an appointment to this Board.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission appoint David Hoss to the Park and Recreation Board for the remainder of Don Hanson's term which expires December 31, 1994.

Motion carried 5-0.

Tamra Peterson's term expired December 31 1993. Therefore, it was necessary for the City Commission to make an appointment to this board. Iola McCoy obtained the necessary signatures for tenant appointment.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission appoint Iola McCoy to the Housing Authority Board for a two year term as a "tenant" member, beginning June 1, 1994 and ending May 31, 1996.

Motion carried 5-0.

Community Development Block Grant federal regulation 24 CFR 570.511 required that a public disclosure be made before an exception to the conflict of interest regulation is submitted to HUD for review. The City Attorney determined that no conflict of interest existed as a violation of the City's Code of Ethics or any State law.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve the request for exception to HUD's conflict of interest regulation.

Commissioner Gilbert stated that this action is necessary because he holds a contract for deed on a piece of property that someone is purchasing. Because the purchaser is applying for HUD benefits, HUD required that the public disclosure of a conflict of interest be made.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

There being no further business to come before the Commission, the regular meeting of June 7, 1994, adjourned at 7:39 p.m. for a 15 minute break before reconvening into the continuation of the closed meeting beginning April 19, 1994.