JOURNAL OF COMMISSION PROCEEDINGS
MAY 5, 1998

Regular City Commission Meeting

Mayor Bennett presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Bill Downer, Randy Gray and John Rosenbaum. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Fiscal Control, Management Information Services, Library, Park & Recreation, Acting Director of the Fairgrounds, Planning, Fire Chief, Police Chief, and the City Clerk.

PROCLAMATIONS: Mayor Bennett declared May, 1998, as Elder Law Week.

PRESENTATIONS: Mayor Bennett and Cascade County Commissioner Roy Aafedt, presented the Community Livability award to Tim Murphy.

Marcia Stagmiller introduced visitors from our Sister City, Sharya Russia, to the City Commission.

	PUBLIC HEARINGS
Ord. 2738, Adding Chapter 17.31 to OCCGF pertaining to the Office/Residential transition zone. Adopted.	1. ORDINANCE 2738, ADDING OCCGF 17.31, PERTAINING TO REGULATIONS FOR A RESIDENTIAL/OFFICE TRANSITION ZONE. Ordinance 2738 would add to the City Zoning Code regulations for a Residential/Office Transition zoning district. The R/O zoning district is designed to be used between areas of intense commercial activity and residential areas. It allows residential uses and limited non-residential uses of property. Regulations of the new zoning district allow for both residential and non-residential uses of property. Permitted uses include offices, clinics, studios, barber and beauty shops. Conditional uses allow parking lots, and limited restaurants and retail sales. Prohibited uses include casinos, bars or operations requiring extensive warehousing. The regulations also contain provisions intended to protect existing residential areas including architectural design standards, extra ordinary landscaping requirements for non-residential uses and restrictions on signage and exterior lighting. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2738. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2738. Commissioner Downer requested that during codification of the ordinance, that it be referred to as the Office/Residential Transition zone in order to avoid the creation of a bad sounding acronym. Motion carried 5-0.
Res. 8938, Cost Recovery Community Hall Add., B6, L2. Tabled.	2. RESOLUTION 8938, COST RECOVERY, COMMUNITY HALL, BLOCK 6, LOT 2. The property at 115 20th Street SW, owned by Homer, Jr. and Deloris Bain, was issued a Notice to Abate a Dangerous Building on August 22, 1996. The property owner did not repair nor demolish said building. Only one contractor responded with a bid. The bid was awarded to the sole bidder, Gordon Construction, in the amount of $2,200 to complete the demolition. The demolition work was inspected and approved. The following expenses were incurred: Demolition by Gordon Construction $2,200.00 Ownership report $110.00 Publishing Costs $15.64 Printing Costs $8.25 Postage $5.91 Administrative Fee $150.00 Recording Fees $12.00 TOTAL $2,501.80 Staff recommended that the total charges be assessed against said property with interest and penalties on the unpaid balance. Mayor Bennett declared the public hearing open. No one spoke in support of Resolution 8938. Randie James, 115 20th Street SW, spoke in opposition to the resolution. She stated that the garage in question was located on property owned by her parents who are currently in a nursing home. She stated she had been caretaking the property for her parents and signed for the notices sent to the above address. She said that there was some confusion as to who was responsible for resolving the issue. She added that she was not certain if her parents were responsible or if Medicaid was. She explained that she had been working with the Community Development staff to resolve this issue. She thought she understood that she would be allowed to make the arrangements to have the building torn down. In fact, she had made arrangements for someone to tear down the building at no cost. However, she wanted to wait until April because there was approximately 4 inches of ice in the building and she could not remove anything from the building until the ice had melted. She stated that she agreed that the building needed to torn down and was surprised when the crew hired by the City arrived to complete the demolition. Cheryl Patton, Community Development Director, stated that in reviewing the file, she found that proper notice was given. In fact, a notice was sent to Ms. James five days prior to the demolition of the garage. She added that the property was also posted. Ms. Patton stated that there was no record of the conversations Ms. James had with Staff and would like the opportunity to visit with Ms. James to resolve this. Clayton M. Brayden, 2708 4th Avenue NW, asked if the notices had been sent by certified mail. Cheryl Patton, Community Development Director, clarified that the notices had been sent by certified mail and the receipts were returned signed by Ms. James. There being no one further to address the City Commission, Mayor Bennett closed the public hearing. Commissioner Gray asked if the notices were sent to Ms. James' parents. Ms. Patton stated that the notices were sent to the owners of record at the address listed on the tax rolls, which were Mr. and Mrs. Bain at the above address. Commissioner Gray asked Ms. James if her parents were mentally incapacitated. Ms. James stated that her father was not, however, her mother was incapacitated. She added that she signed for each of the notices and immediately talked with Community Development staff to resolve this issue. Cheryl Patton, reminded the City Commission that over $2,500 was already expended on this property. She stated that the procedure is to assess the costs against the property. She added because the property owners did not take care of this situation between August, 1996, and February, 1998, the City did go in and remove this nuisance. Commissioner Gray stated that one of the fundamental requirements of notice is constitutional due process. And notice assumes competency of the person receiving the notice. He added that he was unclear as to the competency in this case. He suggested that Staff work with Ms. James on the issue of the Medicare/Medicaid lien on the property and resolve this issue. He stated that this was a nuisance problem in the neighborhood and it's the City's job to clean it up. Commissioner Downer concurred with Commissioner Gray. Commissioner Downer added that the long term solution is to assess the property after we find out who is responsible. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission table action on Resolution 8938 pending further discussion between Staff and those who may, or may not, be responsible for the payment for this amount. Motion carried 5-0.
	OLD BUSINESS
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2738, Parade Policy. Set public hearing.	3. ORDINANCE 2739, ESTABLISHING A PARADE POLICY. The purpose of Ordinance 2739, is to create a City policy governing and controlling street closures for parades, processions, fun runs, and other special events; provide for the public and participants' conduct during such events; establishing parade routes; and defining the application process. In addition, the ordinance mediates a risk management program for such events which spells out guidelines and requirements for both the public and the participants to create a safe, enjoyable event for everyone involved. Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Gray, that the City Commission accept Ordinance 2739 on first reading and set the public hearing and final reading for 7:00 p.m., June 2, 1998. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 4. Minutes, April 21, 1998, regular Commission meeting. 5. Claims over $500. 6. Contracts List. 7. Contract Bid Award, Ulm Pishkun Roadway Widening (OF 1213). Award contract to Shumaker Trucking and Excavating in the amount of $46,147.50. 8. Contract Bid Award, 1997 Infrastructure Improvements - Streets (OF 1179.1). Award contract to United Materials in the amount of $253,177.50. 9. Engineering Services Contract, Water Treatment Plant Solids Handling and Cathodic Protection Study (OF 1199.3). Agreement with Neil Consultants for an estimated maximum fee of $46,317.50. 10. Final Claim, Sanitary Sewer Replacement, 2nd Alley South - 4th Street to 5th Street (OF 1195.1). Final payment to United Materials in the amount of $34,625.25. 11. Set public hearing, Resolution 8944, Nuisance Abatement on GF Townsite Add, B472, L13. Sets public hearing for May 19, 1998, at 7:00 p.m. Commissioner Rosenbaum moved, seconded by Commissioners Gray and Downer, that the Consent Agenda be approved as printed. Motion carried 5-0.
	BOARDS/COMMISSIONS
Housing Authority Board. Reappoint McCoy and Peo.	12. REAPPOINTMENTS, GREAT FALLS HOUSING AUTHORITY BOARD. Terms for Iola McCoy and Joanie Peo on the Great Falls Housing Authority Board expire May 31, 1998. Therefore, it was necessary for the City Commission to make an appointment to this Board. Ms. McCoy served two two-year terms, and is interested in, and eligible for, reappointment. Ms. Peo was appointed to fill the remainder of Maryann Keele's position, and is interested in, and eligible for, reappointment to this Board. Both members were recommended for reappointment by the Housing Authority Board. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission reappoint Iola McCoy to the Housing Authority Board to fill a two year "tenant" member term, beginning June 1, 1998, and expiring May 31, 2000; and reappoint Joanie Peo to a five year term beginning June 1, 1998 and expiring May 31, 2003. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
NC #2, Westside Community Center	13. Steve White, Neighborhood Council 2, stated that the residents in his district were enthusiastic about having the Boys and Girls Club possibly locating in the Westside Community Center
	CITY MANAGER
Central Avenue West Landscaping. Report.	13A. CENTRAL AVENUE WEST LANDSCAPING. Mr. Bob Horne, City/County Planning Department, explained that the Montana Department of Transportation (MDOT) planned to widen Central Avenue West from the bridge to 6th Street in the spring of 1999. Mr. Horne explained that his Staff has been working with the MDOT to modify the original plan to incorporate more off-street parking, landscaping and period lighting. He stated that the Planning Department feels it is important to make these improvements because it would extend the downtown amenities to the west side of Great Falls. He added that if the City Commission concurs with the Staff proposal, then the next phase would be to develop a financial plan to fund the improvements.
FY 1998/99 Proposed Budget Presentation. Report.	14. PROPOSED BUDGET PRESENTATION FOR FY 1998/99. City Manager, John Lawton, presented the City Manager's Proposed Budget for Fiscal Year 1998/1999. Mr. Lawton stated that the budget objectives were to: 1) avoid tax increases and keep fees appropriate to services; 2) maintain existing service levels and below inflation cost increases; 3) invest in infrastructure; 4) adequately compensate employees; and 5) establish and maintain reserves. Mr. Lawton added that he is not proposing increases in the proposed mill levy, boulevard assessments or storm drain charges. He did explain that the budget did propose a 7% increase in sanitation rates, a 10% increase in the street assessment , a 4% increase in the water rate in 1999 and a 3% increase in the sewer rate, also in 1999. Mr. Lawton over-viewed the total resources and expenditures and those that were general fund specific. He also explained that two new staff positions were recommended in this budget; a police records clerk and a computer specialist. He added that there were three changes in part-time, temporary positions to full-time positions. Those included a firefighter position, an engineer inspector and a golf course maintenance person. Mr. Lawton stated that the emphasis remains on efficiency, productivity and innovation rather than increasing taxpayer burdens. Mr. Lawton explained that the issues he foresaw in this next fiscal year include: it's an election year whereby the City will need to be aware of initiatives and legislative proposals; accommodating growth through the Comprehensive Planning process; and the City's organizational culture. In conclusion, the City Manager asked the City Commission to formally set the budget work session dates. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission set the budget work sessions for May 7, 11, 18 and 20, 1998 from 7:00 a.m. to 11:00 a.m., and May 13, 1998, from 9:00 a.m. to 11:00 a.m. Motion carried 5-0.
	CITY COMMISSION
Lewis & Clark Interpretative Opening.	24. Commissioner Downer reminded the City Commission that the Lewis & Clark Interpretative Center opened today making May 5, 1998, in Great Falls a historical day.
	PETITIONS AND COMMUNICATIONS
	25. Clayton M. Brayden, 2708 4th Avenue NW, explained that he has seen some improvements in local government and he, and others, appreciate them.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of May 5, 1998, adjourned at 8:10 p.m.