| Regular City Commission Meeting | Mayor Morris Presiding |
CALL TO ORDER: 7:00 PM
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 Community Development, Public Works, Park & Recreation, Fairgrounds, Planning, Fire Chief, Police Chief, Acting Finance Director, and the City Clerk.
PROCLAMATION: Mayor Morris read a proclamation declaring April, Fair Housing Month.
The City Commission, at their regular meeting held March 21, 1995, directed Staff to prepare the following modifications to the Parking Commission and the Loan Advisory Board. Ordinance 2683 was prepared to incorporate those changes.
Loan Advisory Board: The City Commission noted that because the City did not have any economic development revolving funds to loan, that the Loan Advisory Board be changed from a formal board to an ad hoc board. The Commission also indicated that the function of the Loan Advisory Board was duplicated through High Plains Development, the Business Improvement District and several other entities in Great Falls.
Parking Commission: The Business Improvement District requested formal representation on the Parking Commission. It was recommended that a sixth, ex-officio, member be added to the composition of the Parking Commission to be appointed by the Business Improvement District.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Ordinance 2683.
Motion carried 5-0.
The Consolidated Plan is a new comprehensive five-year planning strategy required by the U.S. Department of Housing & Urban Development. The use of the 1995/96 CDBG and HOME funds is included in the annual action plan portion of the Consolidated Plan. On April 4, 1995, the City Commission held a public hearing to encourage citizen comment regarding the consolidated plan and the funding recommendations for the 1995/96 CDBG program. Based on citizen comment, further expansion of the narrative portion of the Consolidated Plan in the areas of fair housing and homelessness is continuing.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt the five-year Consolidated Plan including the Annual Action Plan for use of the 1995/96 Community Development Block Grant and HOME Grant amended as follows:
The City Commission authorizes that the amended 1995/96 Action Plan and HOME plan be submitted to HUD.
Commissioner Gilbert stated that even though the YWCA is a tenant of St. Vincent DePaul, the City Commission is requiring the YWCA to pledge the landlord's property for a period of five years. Mr. Gilbert stated that the YWCA's proposal is to remodel a building that they do not own for transitional housing. Although the Commission concurs with the need for transitional housing, they wanted to better secure the CDBG funds to be used in the remodeling project. Commissioner Gilbert also stated he was concerned that the transitional housing program described by the YWCA in that it does not include displaced men and children. Rather, the program involves only displaced women and children. He reminded the YWCA that the program needs to address both situations and not just focus on women in need.
Commissioner Bennett stated that because of her involvement with HANDS, she would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Bennett abstaining).
For the past two years, City Staff, in conjunction with a consultant, researched a more equitable system for issuing business licenses. Some Great Falls businesses have been paying license fees, but many have been exempt per State law. The primary reason for the exemption was based on regulatory authority of State agencies versus a local government.
The purpose for City involvement in licensing businesses involves creating a register of all businesses in Great Falls and providing safety and health inspections of the premises. The City is not involved in regulation of business activity. Because of this, Staff proposes to eliminate any concept of such regulation from the City Code book and focus on premise permits to cover the cost of health, safety and welfare inspections and other services.
In conjunction with proposing a new system for issuing business licenses and permits, many ordinances duplicated by Montana State Law are proposed to be deleted with these revisions.
Commissioner Gilbert moved that the City Commission reject Ordinances 2672, 2674 and 2675 on first reading.
The motion died for lack of a second.
Commissioner Deming stated he would prefer tabling action on the ordinances rather than rejecting them. Commissioner Gilbert stated that rejecting the ordinances infers that the City Commission has doubts about the way in which the ordinances were written and that the ordinances need to be rewritten before they come back to the Commission. He added that tabling infers that the Commission will revisit the same issues again.
Commissioner Everson stated she preferred tabling action on the ordinances because tabling establishes a foundation to base further discussions. She added that through Commission direction, the ordinances could be amended. Commissioner Everson stated she would prefer Staff amend the ordinances proposed rather than to start all over again. She suggested that a sub-committee made up of a representative from the City Commission and members of the community to meet and review the proposals to change the business license system in Great Falls.
Commissioner Deming stated that if he were voting on the new fee schedule for business licenses, he would approve it. However, he stated the language in the proposed ordinances was too harsh. He directed Staff to remove the harsh language and to bring it back before the City Commission.
Commissioner Gilbert moved, seconded by Commissioner Everson, City Commission table Ordinances 2672, 2674 and 2675.
Commissioners Deming and Bennett stated they concurred with the concept of the proposed ordinances. However, suggested that the ordinances be revised to include more thorough definitions, time tables for conflict resolutions, and to involve the community in the final proposal.
Commissioner Gilbert suggested that the people most affected by the new ordinances should be involved with writing them.
Commissioner Everson stated she did not agree with the language of 5.01.060, pertaining to renewal notices. She also requested a copy of the Anderson & Associates study conducted regarding this title.
Motion carried 5-0.
If approved on final reading, Ordinance 2686 will rezone 5.24 acres located in the NE3 Section 5, T20N, R4E, from its present Suburban Residence Use District to "C" Residence Use District. The property is located along the north side of the Northeast Bypass between Giant Springs Access Road and 38th Street North. The purpose of the rezoning is to accommodate a planned condominium project consisting of approximately 30 residential units.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2686 on first reading and set 7:00 p.m., May 16, 1995, as the date for the public hearing and final reading.
Motion carried 5-0.
Sletten Ranch Company, the property owner, and Civic Land Consultants, Inc., a Colorado engineering firm, submitted an application to annex a single 19.5 acre lot located long the north side of Smelter Avenue and the west side of Eighth Street Northeast. A 130,000 square foot retail store is proposed to be erected on the site with room for a potential 60,000 square foot building expansion.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission approve the minor plat of Riverview Retail Subdivision, the accompanying Annexation Agreement and adopt Resolution 8721 subject to the developer and owner executing the Agreement and satisfying the fees and charges enumerated therein.
Tom Crane, 3018 9th Avenue South, stated he did not support the annexation to facilitate the building of Walmart.
Motion carried 5-0.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda as printed.
Motion carried 5-0.
The term for Kenneth Kleven will expire April 30, 1995. Mr. Kleven served one three-year term and expressed interest in reappointment.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission reappoint Kenneth Kleven to the Police Commission for a three year term beginning May 1, 1995 and ending April 30, 1998.
Motion carried 5-0.
Dick Keen, Administrator Pre-Release Center, proposed options to relieve the problems currently experienced due to the cap at the County Jail. He advised the Commission that the Pre-Release Center received a grant from the Montana Board of Crime Control which will fund jail alternatives. However, the Center must now receive a match for the grant. Mr. Keen requested that $28,000 be budgeted in the next fiscal year for the match. Mr. Keen indicated the jail alternatives could include incarceration at the Pre-Release center to home arrest.
Chief Jones stated that the match was proposed in the budget and the City Commission would have the opportunity to review it during the budget process.
Commissioner Everson asked Mr. Gliko, City Attorney, to update the City Commission on the status of the litigation involving the zone change on the "St. Thomas Property." Mr. Gliko advised that the judge had not yet made a determination on the case. He stated that the attorneys involved presented their arguments on March 11, 1994.
Commissioner Everson asked if there was anything the City Commission could do that would motivate the judge to rule on the case. Mr. Gliko advised that the Commission could direct him to file a complaint with the Judicial Commission on Standards.
Commissioner Deming moved, seconded by Commissioner Gilbert that a complaint be filed with the Judicial Commission on Standards.
Commissioner Gilbert stated that while the City is at risk filing a complaint regarding the judge prior to the judge making a decision, the City was being denied access to the judicial system. He added that the City is also losing if the development is not completed due to the long time period of this litigation.
Motion carried 5-0.
There being no further business to come before the Commission, the regular meeting of April 18, 1995, adjourned at 8:15 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk