JOURNAL OF COMMISSION PROCEEDINGS
October 17, 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, and Vicki Everson. Commissioner John Gilbert was excused. Also present were the City Manager, Acting City Attorney, Directors of Community Development, Public Works, Finance, Park & Recreation, Fairgrounds, Planning, Fire Chief, Police Chief, and the City Clerk.

PRESENTATIONS: Finance Director, Tim Magee, introduced two new employees to the City Commission.

Mayor Morris presented the Montana Municipal Insurance Authority Safety Award - First Place to Kelly Orrantia, Risk Specialist.

Commissioner Deming presented the Chamber of Commerce, Leadership Business Appreciation Award to City Manager John Lawton.

PUBLIC HEARINGS

1.
RESOLUTION 8754, CONDITIONAL USE FOR MEDLEY ADD, B1, L2.

The Conditional Use Application was submitted to allow construction of an office building on Lot 2, Block 1, Medley Addition. The vacant corner lot is address as 2000 16th Avenue South. The involved property is presently zoned "C" Residence Use District which allows an office building as a conditional use without the necessity of rezoning the property.

The Planning Board, on September 12, 1995, passed a motion recommending the described conditional use request be approved.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8754. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8754 and approve the accompanying Conditional Use Agreement.

Motion carried 4-0.

2.
RESOLUTION 8759, ANNEXATION OF A .035 ACRE TRACT OF LAND ADJACENT TO NORTH RIVERVIEW TERRACE SEC. 4, PART 2, B2, L8.

Surveyor/engineer Louis Fontana, representing the involved property owners, submitted a petition to annex a .03655 acre tract of land and consolidate it with an abutting incorporated platted lot through an Amended Plat.

The Planning Board, during a regular meeting held September 12, 1995, adopted a motion recommending the City Commission approve the annexation.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition of Resolution 8759. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8759 subject to fulfillment of the conditions stipulated by the Planning Board.

Motion carried 4-0.

OLD BUSINESS

3.
ORDINANCES 2672, 2674 AND 2675, RECODIFYING TITLE 5, PERTAINING TO BUSINESS LICENSES.

On April 18, 1995, the City Commission voted to table action on Ordinances 2672, 2674 and 2675, in order to give Staff additional time to make changes to said ordinances. The City Commission, made several recommendations and Staff was requested to research them, work with community groups on the proposed ordinances and prepare revised versions of each Ordinance. For the past two years, Staff, in conjunction with a consultant, have 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 the past 5 years, the City Commission has dropped the mill levy 7 mills relieving property owners and assessing costs of services for those actually receiving the service. In an effort to continue this trend, and to recoup actual costs incurred of providing safety and health inspections to business, Staff proposes the amendments to Title 5.

The significant amendments include:

  1. Eliminates the current structure of business licenses which connotate regulation.
  2. Implements a premise permit structure. The intent of this structure is to recoup actual costs for safety and health inspections incurred by the City.
  3. Provides for all businesses receiving service from the City to share in the costs of inspections and processing.
  4. Adds a Special Licenses section for those businesses with special circumstances. Those areas include: coin-operated devices depicting sexual activities; commercial garbage licenses, pawnshops and secondhand stores; alcoholic beverages, itinerant/transient vendors; and false alarms. With each one of these businesses there are special circumstances which requires additional activity on the part of staff or additional mandates which regulate the business activity.
  5. Removes all fee structures from the current ordinance and authorizes the City Commission to set fees by resolution.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission remove from the table Ordinance 2672 accept said ordinance on first reading and set the public hearing for November 7, 1995 at 7:00 p.m.

Motion carried 4-0.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission remove from the table Ordinance 2674 accept said ordinance on first reading and set the public hearing for November 7, 1995 at 7:00 p.m.

Motion carried 4-0.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission remove from the table Ordinance 2675 accept said ordinance on first reading and set the public hearing for November 7, 1995 at 7:00 p.m.

Motion carried 4-0.

4.
ORDINANCE 2697, TITLE 8, CHAPTER 4, OCCGF, PERTAINING TO REST ROOMS.

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.

During the public hearing held October 3, 1995, 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."

Staff has since incorporated that language. The City Commission was asked to adopt the ordinance as amended.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2697 as amended.

Motion carried 4-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

5.
ORDINANCE 2698, DELETING OCCGF 16.12.070 PERTAINING TO THE FEE SCHEDULE FOR PROCESSING SUBDIVISIONS AND ANNEXATIONS.

Ordinance 2698 will delete from the City Code, the current fee schedule for processing subdivisions and/or annexations. A revised fee schedule is expected to be adopted as part of Resolution 8761.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2698 on first reading and set November 7, 1995, for public hearing and final consideration of Ordinance 2698.

Motion carried 4-0.

6.
RESOLUTION 8757, FINAL PLAT OF CASTLE PINES ADDITION, PHASE 1, AND ACCOMPANYING AGREEMENTS.

The subdivision plat of Castle Pines Addition, Phase 1, consists of 24 single family lots and 16 townhouse lots to be located east of 13th Street South and south of 24th Avenue South. Resolution 8757 annexes Phase 1 and unincorporated portions of 24th Avenue South and 13th Street South primarily to provide contiguity for the subdivision to the existing City limits. The involved agreements include a master plan agreement, annexation agreement primarily addressing terms and conditions associated with Phase 1 and escrow agreement addressing obligations for future off-site improvements.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve the final plat of Castle Pines Addition, Phase 1, Annexation Resolution 8757, Master Plan Agreement, Annexation Agreement for Phase 1 and Off-Site Improvements Trust Fund Agreement subject to fulfillment of the conditions stipulated by the Planning Board.

Commissioner Everson stated she would like the money received in lieu of park land to be used specifically for the development of a local park for Castle Pines.

Motion carried 4-0.

7.
RESOLUTION 8760, INTENT TO CREATE SLD 1277.

Installation of enhanced street lighting along 26th Street South from 10th Avenue South to approximately 18th Avenue South is proposed in conjunction with the 26th Street South roadway and storm drain improvement project (SID 1268). Resolution 8760 establishes the boundaries of the district and the annual assessment per lot for the lighting.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8760 setting the public hearing for November 7, 1995.

Motion carried 4-0.

CONSENT AGENDA
8.
Minutes, October 3, 1995, regular Commission meeting.
9.
Claims over $500.
10.
Contracts List.
11.
Set public hearing, Resolution 8761, Establish Fees for Subdivision, Rezoning and Annexations. Sets public hearing for November 7, 1995, at 7:00 p.m.
12.
Final Claim, Rehabilitation of Brick Sanitary Sewer Manholes (OF 1065.1). Final payment to Planned & Engineered Construction, Inc., and the State Miscellaneous Tax Division in the total amount of $52,221.10.
13.
Bid Award, Steel Refuse Containers. Bid award to WASTECO Manufacturing, Dickinson, North Dakota in the amount of $64,548.
14.
Funding Request, Great Falls Film Liaison. Granting $2,000 of Economic Revolving Funds to the Great Falls Area Chamber of Commerce for use by the Great Falls Film Liaison in promoting Great Falls as "location" for films or commercials.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed.

Motion carried 4-0.

CITY MANAGER

No reports or announcements.

CITY COMMISSION

No reports or announcements.

PETITIONS AND COMMUNICATIONS

17A.
Clayton M. Braden, 2708 4th Avenue NW, complimented the Police Department on the additional traffic enforcement around Little Russell Elementary School. He stated that it was effective. Additionally, Mr. Braden asked that the City Commission consider dust control when considering annexation of a construction company site.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of October 17, 1995, adjourned at 7:21 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page