JOURNAL OF COMMISSION PROCEEDINGS
October 3, 1995

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, Planning, Fire Chief, Library, Acting Directors of Finance and Fairgrounds, and the City Clerk.

Ordinance 2696 amends the requirements for real and personal property transactions between the City and other governmental entities by eliminating the requirement for an appraisal or advertising for bids.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2696. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Ordinance 2696 on final reading.

Motion carried 5-0.

The current municipal code requires all restrooms available to the public or employees to have towels or drying devices, soap and both hot and cold running water. There are city and county facilities that do not comply with all requirements due to the nature of the facility, seasonal use, or because the costs of meeting the requirement would be an excessive burden and outweigh the potential benefits to the public.

The cost and practicality of bringing all current public restroom facilities into compliance with the existing city ordinance exceeds the benefit of the ordinance for the city parks and other areas where hot water is not easily provided, where the facility is not heated, and where the opportunity for damage due to vandalism exits.

Mayor Morris declared the public hearing open. No one appeared to speak in support of Ordinance 2697. Pete Frazier, City/County Health Department, proposed that the language be amended to read: "All public restrooms must be maintained in a clean and sanitary condition at all times and must be provided with hot and cold running water, soap, and approved towels or drying devices. Exceptions to the enforcement of this Ordinance may be granted by the Health Officer if such facilities are seasonal and low in usage, and are not used as the primary restroom facilities for employees and customers of food service operations."

There being no one further to address the City Commission, Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission postpone action on Ordinance 2697 until October 17, 1995.

Commissioner Gilbert stated that he had some concerns with the proposed amendment, specifically, with the phrase "low in usage." He stated that this was a fairly general phrase and he was not comfortable with it.

Motion to postpone action, carried 5-0.

Resolution 8756 establishes fees for private encroachment into the public boulevard or right-of-way. This will pertain to all encroachments except sprinkler systems and canopies or awnings overhanging the boulevard in the Central Business District. Staff did not propose that signs will be considered for permit except as provided in the Sign Code. The fees were authorized in Ordinance 2694 allowing for boulevard encroachment permits to be issued by Staff where the encroachment will not cause a hazard to public health, safety or welfare.

Mayor Morris invited people from the audience to address the Commission pertaining to this issue. Conrad Service, 1725 16th Avenue South, stated that a dollar per square foot was not reasonable or practical. He also asked why the City Commission was in such a hurry to set the fee schedule.

Commissioner Gilbert stated the Commission was acting on this fee schedule at Mr. Service's request at the last meeting. Commissioner Gilbert asked Mr. Service what a reasonable fee schedule would be. Mr. Service suggested a one time fee rather than an annual fee.

City Manager, John Lawton, stated that the fee schedule was set at a level that would discourage people from encroaching onto the boulevard. He added that prior to this ordinance, the only alternative Mr. Service had was to remove the fence. Now, he has an option, and that is to lease the boulevard area encroached upon or remove the structure. Mr. Lawton stated that not all applications for encroachment will be granted. The party wishing to encroach must have good public and engineering reasons for the encroachment.

There being no further discussion from the audience. Mayor Morris asked the direction of the City Commission.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8756.

Commissioner Bennett stated that the fees are steep for encroaching onto the boulevard and that they were done for a purpose. This City Commission did not want to reverse the way the City had been set up. Commissioner Bennett reminded everyone that the ordinance was not written to encourage people to encroach onto the boulevard.

Mayor Morris stated he believed the situations with the porch structure on 9th Avenue South and the situation presented by Mr. Service, were similar and suggested that both be exempt from the fee schedule.

City Manager, John Lawton, stated that in both cases, the parties will have to fill out the necessary application forms and be subject to approval from the engineering division.

Commissioner Everson stated that the rules established by the ordinance are good and fair. She added that each party will need to take responsibility for the situations they are in.

Mayor Morris called for the vote. Motion carried 4-1 (Mayor Morris dissenting).

The property owner renovated the building at 20 Third Street North. The building permit was issued in March, 1994 and was completed in October, 1994 at an estimated cost of $1,400,000. The applicants requested approval of the tax benefits. Approval of the application would allow for the taxes generated from the expansion to be added to the existing taxes over a five year period in increments of 20% each year.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8758.

Motion carried 5-0.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Deming, that the Consent Agenda be accepted as printed.

Motion carried 5-0.

The Great Falls City-County Planning Board developed a prioritized list of proposals for the use of CTEP funds available to the City of Great Falls and Cascade County. The list is as follows:

Mayor Morris invited people from the audience to address the City Commission regarding the CTEP priority list. Those addressing the Commission were: Randy Knowles, who spoke on behalf of Ellen Seivert. In a letter written by Ms. Seivert, Mr. Knowles urged the City Commission to reconsider the grant request for the 10th Street Bridge rehab.

Paul Stevens, 800 2nd Avenue North, also urged the City Commission to reconsider the grant request to save the 10th Street Bridge. There being no one further to address the City Commission, Mayor Morris asked for the direction of the City Commission.

Commissioner Deming moved, seconded by Commissioners Gilbert and Bennett, that the City Commission approve the prioritized list of Community Transportation Enhancement Program proposals for 1995.

Commissioner Gilbert thanked the Planning Board for their time and effort in reviewing the grant applications and establishing the priority list. Dick Keen, Chairman of the Planning Board, stated that although the grant request to save the bridge did not receive a recommendation for funding this year, it did not mean that the project was not supported. He encouraged members of the Save Our Bridge group to reapply next year.

Motion carried 5-0.

Mr. and Mrs. Martin Fisher, owners of the property located at 1514 17th St. South, requested a variance to reduce the required front setback from 30' to 21'4" and the required side setback from 6' to 0'. The applicants wished to erect a 24' x 20' addition to an existing garage.

At the Work Session earlier in the evening, the City Commission reached consensus to move the variance request to the regular meeting to take formal action regarding the request.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission overrule the Board of Adjustment's recommendation denying the variance request, and grant the variance.

Motion carried 5-0

Oswald Scantlebury moved from Great Falls, therefore, it was necessary to make an appointment to this Board.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission appoint Connie Centoni to the Library Board to fill the remainder of Oswald Scantlebury's term, beginning October 1, 1995, and expiring June 30, 1999.

Paul Stevens asked the City Commission to explain how they chose the person to receive the appointment. He added that he was expecting that the City Commission would interview all the applicants. Mayor Morris explained that the City Commission is a part-time board and made it a policy not to interview each applicant. He added that the Commission relied on personal knowledge of each applicant and solicited input from those members currently serving on the board with the vacancy.

Motion carried 5-0.

Jan Marron submitted her resignation from the BID effective September 1, 1995, therefore, it was necessary for the City Commission to make an appointment to this Board.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission appoint Dave Gunness, to the Business Improvement District to fill the remainder of Jan Marron's term beginning October 1, 1995 and expiring June 30, 1997.

Motion carried 5-0.

No reports.

Commissioner Everson stated that a committee has been reviewing sites to place the sculpture commissioned to honor recipients of the Community Livability Award. After reviewing several sites, the Committee, made up of Commissioner Everson, Assistant City Manager, Cheryl Patton, and the artist, Mike Hollern, recommended that the sculpture be placed in front of the new Park and Recreation Building.

Commissioner Everson moved, that the Community Livability Award Sculpture, be placed in front of the new Park and Recreation Building.

Commissioner Everson added that this site was chosen because of its location on River Drive and because the Park and Recreation Department was currently designing the landscaping for the building and the sculpture would be a good asset for the landscaping and the area.

Commissioner Gilbert stated he would abstain on the location of the statute since he opposed purchasing it.

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

Commissioner Deming complimented the Park and Recreation Department on the adopt a park program. He added that the Lion's Club was meeting with the Park and Recreation Staff to make arrangements for the Lion's Club to adopt Lion's Park.

Commissioner Gilbert stated he has received citizen complaints about the hotel which burned and is owned by Larry Wright. He asked Staff to cite Mr. Wright under the new ordinance recently adopted by the City Commission and to begin getting the building repaired or torn down.

There being no further business to come before the Commission, the regular meeting of October 3, 1995, adjourned at 8:30 p.m.