JOURNAL OF COMMISSION PROCEEDINGS
MAY 19, 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 Directors of the Fairgrounds and Planning, Fire Chief, Acting Police Chief, and the City Clerk.

	PUBLIC HEARINGS
Res. 8944, Nuisance Abatement, GF Townsite B472, L13. Adopted.	1. RESOLUTION 8944, NUISANCE ABATEMENT, GF TOWNSITE ADD, B472, L13. Alice Price and Reuben Selstad have, since August, 1996, permitted the accumulation of an excessive amount of junk vehicles, paint cans, household items, clothes, make shift sheds, cardboard and an excessive amount of other miscellaneous rubbish of all types at 705 7th Avenue South. On August 1, 1996, Alice Price plead guilty in Municipal Court for creating a public nuisance at 705 7th Avenue South. She was fined $265 with a six month suspended sentence. After her court appearance, the property was cleaned up and the vehicles were covered. In February, 1997, another complaint was received and a citation was written to Municipal Court for creating a criminal public nuisance. This situation is out on warrant. On March 30, 1998, a reinspection was conducted, the property was still in an unacceptable condition. The legal ownership title report was ordered. Since clean up had not been accomplished through court action, Staff began the Nuisance Abatement process under OCCGF 8.49.010. On April 8, 1998, the hand delivered nuisance abatement letter was served on Reuben Selstad, one of the recorded owners of the property. A copy of the abatement notice was posted on the property. Reinspection was conducted on April 21, 1998. The property was covered with four or more inoperable and/or unlicensed vehicles, numerous paint cans, household items, clothes, make shift sheds, cardboard, and an excessive amount of other miscellaneous rubbish of all types. Staff requested the City Commission hold the required public hearing to allow the property owner to defend why abatement action should not be issued before taking action on Resolution 8944. If the property was not cleaned up by the property owners, after the adoption of Resolution 8944, Staff could hire a contractor, estimated at $1,000, to remove the nuisance. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8944. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8944. Motion carried 5-0.
	OLD BUSINESS
Res. 8938, Cost Recovery, Community Hall Add, B6 L2. Adopted.	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. At the May 5, 1998, City Commission meeting, Randie James spoke in opposition to the resolution. She stated that the ownership of the property was in question and that she thought she would be given a longer period of time to take care of the dangerous building. After Commission discussion, the Commission voted to table action on Resolution 8944 and directed Staff to meet with Ms. James. On May 13, 1998, the Community Development Director and Building Official met with Ms. James. Ms. James stated her parents are in a nursing home and she has power of attorney for them. She resides in the home and has been trying to purchase it from her parents. The property owner expects to return home from the nursing home at some point, therefore, it is not clear if Medicare would own the home or if Ms. James could purchase the property. Ms. James contended she advertised for someone to demolish the garage for salvage but that the demolition could not be undertaken until April, 1997, due to freezing which occurred in the structure. Ms. James explained that run-off from her neighbor's driveway flooded the structure and there was approximately 4 inches of ice in it. She added that most of the personal items in the garage were frozen in the ice and she could not remove them. She stated that in her conversation with Steve Clark, building inspector, they discussed this time frame and she thought everything it had been agreed to. She said that she was surprised when a demolition contractor, hired by the City, appeared to demolish the garage February 6, 1997. Mr. Clark remembered meeting with Ms. James, October 18, 1996, and allowing her an extension to take the garage down. Not hearing further from her and with continued neighborhood complaints, he issued a notice December 31, 1996, of the City's intention to demolish the garage. Ms. James came in after receiving the notice and told Mr. Clark of her intended actions. Mr. Clark said the City could not wait that long and would proceed with demolition. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission remove Resolution 8938 from the table and adopt Resolution 8938. Dan Shannon, legal counsel for Ms. James, stated that there was a misunderstanding regarding the time frame allowed for the demolition of the garage. He added that Ms. James was not aware that the demolition would be taking place and did not have an opportunity to remove personal items from the structure. Mr. Shannon requested the City Commission deny the resolution. Ms. James reiterated her testimony from the May 5, 1998, City Commission meeting. She said that there are discrepancies between her and City staff as to what was said and requested the City Commission deny the resolution so that she would not be financially responsible for the misunderstanding. Commissioner Gray stated that he was originally uncertain if proper notice had been given since the actual property owners were not served with or signed for any of the correspondence sent regarding this issue. However, a copy of the Power of Attorney for Randie James to act on the Bain's behalf, had been provided and he was comfortable that proper notice had been done. He added that this was a tough situation because the Commission needed to respond to the demand from the neighbors to have the dangerous building removed. On the other hand, he could understand and sympathize with the situation faced by Ms. James. There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2740, Amending OCCGF 17.90.070, 090, 100, and 110. Accepted on first reading and set public hearing for June 16, 1998.	3. ORDINANCE 2740, AMENDING OCCGF 17.90.070, 17.90.090, 17.90.100, AND 17.90.110 PERTAINING TO THE AMENDMENT PROCEDURE FOR R-E; SOUTHSIDE, R-2, R-3, R-4; NONCONFORMING USE EXPANSION; AND THE PLAN AMENDMENT OF THE GREAT FALLS REVITALIZATION PLAN. Mr. and Mrs. Geranious have taken action under OCCGF 17.90.070, to change the revitalization area zoning on Lots 1-3, Block 248, GF Townsite, from R-2 to R-4 to allow the construction of a twelve-unit apartment building. Having failed to successfully complete the petition and consent procedure under the ordinance, their attorney, Robert Emmons, challenged the petition and consent procedure on grounds it is an unconstitutional delegation of legislative authority citing Shannon v. Forsyth, decided by the Montana Supreme Court in 1983. City Attorney, David Gliko, stated that the odds of the Montana Court overruling the precedent set forth in the Forsyth decision are slight but not impossible where legal precedent exists for a constitutional result. The original revitalization plan was adopted by the City Commission on December 22, 1977. The revitalization plan was amended to establish the petition and consent procedure for plan changes for the south side area by Ordinance 2207 in 1980; for the general plan by Ordinance 2209 in 1980; for non-conforming use expansion by Ordinance 2208 in 1980; and for changes in the R-E District by Ordinance 2268 in 1981. In all cases, the procedure required notice to all property owners within a designated area by certified mail; followed by obtaining the required percentage of consenting signatures of the owners within the petition and consent area as well as a percentage of the land area therein; whereupon a change is effected without ever being reviewed or approved by the City Commission. Staff stated in a memo to the City Commission, that it is generally a good practice to include criteria, standards, or tests which must be met before an adopted plan can be amended, zoning changed, or a special permit granted. These tests should be in ordinance language even though sometimes, as is the case for granting relief from the code, applicable tests are set forth in state statutes. Staff added that the Revitalization Plan, as amended, are devoid of any standards by which to judge a proposed amendment to the Central Place Revitalization Plan. Another issue is the propriety of allowing property owners within a certain distance of a subject property to approve or disapprove a development application of any kind. When an application is heard by the Planning Board or City Commission, the members have full knowledge of the application, amendment procedures, and community-wide development objectives. They have a report prepared by professional staff, and they entertain presentations by the Staff and applicant during the course of their public hearings. Under the current procedure, a property owner, when presented with a petition, has no such information, upon which to make their decision. Commissioner Beecher moved, seconded by Commissioner Downer, to accept Ordinance 2740 on first reading and set the public hearing and final reading date for June 16, 1998, pending a public hearing on this matter by the Planning Board. Bob Emmons, legal counsel for Mr. and Mrs. Geranious, clarified that the Planning Board would make a recommendation on this Ordinance prior to the City Commission acting on it on June 16. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 4. Minutes, regular Commission meeting held May 5, 1998. 5. Claims over $500. 6. Contracts List. 7. Bid Award, Fire Station 1, Boiler Project (OF 1206). Award contract to Wadsworth Builders in the amount of $44,893. 8. Bid Award, Twenty New Golf Cars. Award bid to Johnson Distributing of Great Falls in the amount of $32,000 including the trade-in offer of $32,000 for the City's twenty 1994 EZGO golf cars. 9. Contract Award, 6th Street NW, Water Main Replacement, Storm Drain and Street Improvements (OF 1114). Contract award to Shumaker Trucking and Excavating Contractors in the amount of $568,284.50. 10. Engineering Contract, Gibson Flats Pipeline and Russell Drainage Detention Pond (OF 1118). Contract with Morrison Maierle in an estimated amount of $123,385. 11. Construction Contract Award, 1998 Miscellaneous Street Repairs (OF 1200). Contract with United Materials of Great Falls in the amount of $198,000. 12. Change Order 1, Overlay Park Garden Road (OF 1183.1). Change order with United Materials increasing the contract amount by $25,336.60. 13. Set Public Hearing, Resolution 8945, Tax Benefit for Industrial Expansion, Central Express Photo, (Riverview Tracts Lots 2, 3A, 4A, 5, 5A, 6A, 6B, 7A, 8A, and 9A). Sets public hearing for June 16, 1998, at 7:00 p.m. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission approve the Consent Agenda as printed. Commissioner Gray requested Jim Rearden, Public Works Director, to explain Items 9 and 10. Mr. Rearden complied. Motion carried 5-0.
	BOARDS/COMMISSIONS
Business Improvement District. Appointments.	14. APPOINTMENTS, BUSINESS IMPROVEMENT DISTRICT. Barbara Moe and Vern Rothschiller submitted their resignation from the Business Improvement District in April, 1998, therefore it was necessary to make appointments to this Board. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Andrew Davidson to the Business Improvement District to fill the remainder of Barbara Moe's term beginning May 19, 1998, and expiring June 30, 1999; and appoint Karin Striepe to fill the remainder of Vern Rothschiller's term beginning May 19, 1998, and expiring June 30, 1999. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
NC #1	15. Greg Smith, Neighborhood Council 1, asked if the City Commission would revisit the ordinance creating Neighborhood Councils to further describe where the councils fit into the local government. Commissioner Beecher stated that neighborhood councils were created to serve as advocates for respective neighborhoods. He added that a potential downfall of the Commissioner/Manager form of government is that sometimes citizens feel it is not an open government. He stated that the neighborhood councils are not meant to add another layer to city government, rather they are meant to serve as a communication vehicle between the citizens and local government officials and staff. Commissioner Gray suggested that representatives from the neighborhood councils, the City Commission and Staff, meet to discuss this more fully.
	CITY MANAGER
Military Appreciation Support. Approved.	16. MILITARY APPRECIATION SUPPORT. Representatives from the Military Affairs Committee requested the City's support by co-sponsoring the Military Appreciation Picnic. This is an annual event designed to show community support for the military presence in and the impact on our community. Every item for the picnic is donated and the work is provided by volunteers. The Committee, once again, asked the City to participate as a co-sponsor and pay the fee for the use of the Fairgrounds. Funds for the fee will come from General Fund Resources. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission declare its support of the Military Appreciation Picnic by co-sponsoring of the event and pay the fee for the use of the fairgrounds. Commissioner Downer stated this is a budgeted item, however the City Commission wanted to act on it separately in order to recognize its importance. He stated that many times we forget about what Malmstrom Air Force Base contributes to our community. He added that many service organizations would not exist if it wasn't for the number of volunteers from the Base. He concluded stating that the Military Appreciation Picnic is just a small way the community can express its appreciation. Greg Kecskes, #6 7th Street South, thanked Commissioner Downer for his comments. Motion carried 5-0.
City Manager - No Miscellaneous Reports and Announcements.	17. The City Manager did not have any other reports or announcements.
	CITY COMMISSION
City Manager Evaluation.	18. CITY MANAGER EVALUATION. Commissioner Gray explained that the City Commission just completed its annual evaluation of the City Manager's performance. He said that the Commission looked at leadership, competency, team building, ethics, communication, and innovative skills. Mr. Gray announced that the City Commission was pleased with Mr. Lawton's performance and he has their confidence. He said that the City Commission wanted to see him stay in Great Falls and they will take the necessary steps to keep him here. Commissioner Gray disclosed that the City Commission offered Mr. Lawton a 9% salary increase which would raise his salary to $75,000. He reported that the Commission asked the Human Resources Director to research salary ranges for City Managers in areas comparable to Great Falls. The research indicated that Mr. Lawton's salary was below average. Commissioner Gray added that it was the intent of the City Commission to increase Mr. Lawton's salary so that it was competitive with other areas. In conclusion, Commissioner Gray stated that upon the City Commission's insistence, Mr. Lawton accepted the salary increase.
	PETITIONS AND COMMUNICATIONS
Boom Box Ordinance request.	19A. Greg Kecske, #6 7th Street South, requested the City Commission research the possibility of adopting a "boom box" ordinance which would prohibit the playing of music from portable stereos over a certain decibel level. He provided a copy of an ordinance from Coeur d'Alene.
Street repair.	19B. Herb Sobeczek, 1231 11th Street, stated that he did not support the proposed increase in the street maintenance assessment. He explained that he was disappointed in the quality of the street maintenance and repair. He gave two examples of where the street had recently been repaired and was already in bad shape. Mr. Rearden, Public Works Director, stated he would look into the situations and respond to Mr. Sobeczek.
	19C. Commissioner Downer reminded everyone that Monday, May 25, 1998, was Memorial Day. He reviewed the calendar of events that were planned for that day and encouraged everyone to remember why the holiday was established.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of May 19, 1998, adjourned at 7:58 p.m.