JOURNAL OF COMMISSION PROCEEDINGS
MAY 2, 2000

Regular City Commission Meeting

Mayor Randy Gray presiding

CALL TO ORDER: 6:00 PM

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Fairgrounds, Planning, Budget/MIS, Fiscal Services, Police Chief, Fire Chief, Park and Recreation, Public Works, acting Library Director, and the City Clerk.

Mayor Gray read a proclamation pertaining to Buddy Poppy day. He also swore in Kirk Smith as a Neighborhood Council 9 member.

	PUBLIC HEARINGS
Res. 9077, Berkner Heights Add, Phase 6, annexation. Adopted.	1. RESOLUTION 9077, ANNEX BERKNER HEIGHTS ADDITION, PHASE 6. In November 1996, the City and County Commissions conditionally approved the preliminary plat of Prairie Ridge Addition. The proposed Prairie Ridge Addition consists of 52 single-family residential lots located immediately east of Christianson Addition along the extensions of 13th and 14th Avenues South. In December 1999 the governing bodies extended the conditional approval of the preliminary plat until November 2000. The developer of the subdivision, C&W Development, wanted to proceed with finalizing the platting and annexation of the first phase, which consisted of four residential lots along the easterly extensions of 14th Avenue South. The proposed name of Prairie Ridge Addition has been replaced with Berkner Heights Addition with the four-lot addition constituting Phase 6. The Planning Board, at its meeting held March 14, 2000, recommended approval of the final plat of Berkner Heights Addition Phase 6, and annexation of the area subject to the following conditions: the applicant execute an annexation agreement; all applicable fees and charges be paid; any errors or omissions on the final plat noted by staff be corrected; and final engineering documents for required public improvements to serve the subdivision be approved. Mayor Gray declared a joint public hearing open on Resolution 9077 and Ordinance 2772. No one appeared to speak in support of or opposition to annexing and zoning of Berkner Heights Addition Phase 6. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9077 and approve the final plat of Berkner Heights Addition, Phase 6, and the accompanying annexation and improvements agreement. Motion carried 5-0.
Ord. 2722, Berkner Heights Add, Phase 6, zoning. Adopted.	2. ORDINANCE 2772, ESTABLISH ZONING UPON BERKNER HEIGHTS ADDITION, PHASE 6. Ordinance 2772 assigns a zoning classification on "A" Residence Use, "A" Area District to Berkner Heights Addition, Phase 6. The four-lot subdivision is located along the easterly extension of 14th Avenue South between 39th Street South and the projected 41st Street South. Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2772. Motion carried 5-0.
Ord. 2766, Discovery Gallery. Adopted.	3. ORDINANCE 2766, ENABLING A SIDEWALK ART PROGRAM WITHIN THE BOUNDARIES OF THE BUSINESS IMPROVEMENT DISTRICT. Several citizens requested the City Commission establish a curbside art gallery, or Discovery Gallery. The Discovery Gallery will be located within the current boundaries of the Business Improvement District. The designation of this gallery to display art-work in downtown Great Falls is a continuation of the Commission's recognition and support of the arts as a major economic and social base in the community. Additionally, the involvement of the Business Improvement District Board in developing a proposal and project guidelines underscores their efforts to enhance the downtown as a vital community and commercial center. The Discovery Gallery's width will be from the back of the curb to a maximum of seven feet inward. Each gallery will extend to the second parking space at each end of the block or one space away at the alleys. The artwork accepted by the City for placement in the Discovery Gallery may become the property of the City and may be positioned, relocated, or removed at the City's discretion. If the artist chooses to retain ownership of the artwork, the City will have the authority to position, relocate or remove the artwork. The Business Improvement District Board will develop guidelines for the gallery and the acceptance of art for placement. At a minimum, the guidelines will address: size of the art objects materials construction spacing textures and sounds mechanical and other powered devices general accessibility to the art themes sight lines to commercial property right-of-ways costs, fees insurance application process and review Nothing, however, shall diminish or be considered an exception to the principles of public safety and access. The Business Improvement District supports this idea and has been working on the guidelines necessary to begin soliciting artists to submit-project ideas. While researching the code, Staff discovered two sections in Title 12 needed to be modestly amended to include an exception for the Discovery Gallery. Those sections are 12.04.040.E Boulevard Encroachment Permit -- Issuance Conditions and 12.32.010.B Obstruction -- Defined -- Prohibited. Staff recommends adding an exception to these sections that would allow the artwork. Staff also discovered that 12.08.010(C)(3) Exceptions for Prohibited Applicability for Obstructions in Streets and Public Places states "Statuary as approved by the City Commission upon review of a traffic study and located in accordance therewith so as not to unduly interfere with vehicular or pedestrian traffic and access to utilities and abutting property in the immediate vicinity." The last change would insert a new section formally recognizing the Discovery Gallery, defining its boundaries and delegating the responsibility of developing guidelines and selection procedures to the Business Improvement District. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2766. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2766. Motion carried 5-0.
Ord. 2771, Rezone GF 3rd Add., B88, L12-14. Adopted.	4. ORDINANCE 2771, REZONE GF 3RD ADD., BLOCK 88, LOTS 12-14. Ordinance 2771 rezones the Pik and Pump Convenience Store located at 1507 8th Avenue North from "LB" Local Business District to "GC" General Commercial District. The rezoning would allow the owner to convert the existing store to a casino. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2771. Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2771. Commissioner Jovick-Kuntz stated she would abstain due to a conflict of interest. Motion carried 4-0-1 (Commissioner Jovick-Kuntz abstaining).
Broadwater Bay Business Park, B4, L9, Lease. Approved.	5. DEVELOPMENT PROPOSALS - BROADWATER BAY BUSINESS PARK, BLOCK 4, LOT 9. Staff received a request from Applebees to lease property located south of the current Applebees development site to allow for additional parking for their project. To accommodate this request, staff advertised for development proposals. One proposal was received, from Applebees, to lease the land for a minimum of 30-years at $1 per year with the option to renew the lease for an additional 10-years. Applebees also proposed that they would develop and maintain the property. Staff recommended the City Commission accept the proposal. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the development proposal. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission approve the lease of 301 River Drive South, Broadwater Bay Business Park, Block 4, Lot 9, to Mr. William O. Ryan for $1 per year and the total responsibility for all development and maintenance costs without any reimbursements from the City. In addition, the lease would be for thirty years, with an option to extend for ten more years at the same rate and conditions. The City Manager and staff are hereby authorized to execute the necessary documents. Motion carried 5-0. At this point, Mayor Gray excused himself from the remainder of the meeting as he had to attend, in an official capacity, a meeting with the Secretary of the Interior Babbitt. Mayor pro-tempore Beecher took over as presiding officer.
	OLD BUSINESS
CDBG & HOME 5-year Consolidated Plan And Use of Funds for 2000/2001. Adopted.	6. CDBG & HOME PROPOSED 5 YEAR CONSOLIDATED PLAN AND USE OF FUNDS FOR 2000/2001. The 2000-2005 Consolidated Plan is a five year planning and reporting document required by the U.S. Department of Housing and Urban Development, and was completed on March 21, 2000. This Plan includes a community needs assessment, housing market analysis, a 5-year strategic plan and annual action plan. The Annual Plan portion of the Consolidated Plan includes the proposed use of CDBG and HOME funds for the approaching fiscal year. Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt the 2000-2005 Consolidated Plan including the 2000/2001 Community Development Block Grant and HOME Program funds as recommended. Commissioner Jovick-Kuntz thanked the members of the Community Development Council and Community Development staff for their hard work and dedication to this project. Motion carried 4-0.
	NEW BUSINESS
OF 1287, Accept the WAN Proposal So-Fast Internet and Computer Services. Approved.	7. WIDE AREA NETWORK PROPOSAL (OF 1287). Staff is in the process of establishing a uniform computer networking system. One phase of the process was to obtain wide area network services to connect city buildings; to obtain a full internet service provider including e-mail; and to obtain domain hosting services for the website. Six proposals were received in response to the City's request for proposals. After a committee reviewed the proposals, they recommended the City Commission accept the proposal submitted by SoFast Internet and Computer Services. Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission accept the proposal for wide area network internet and domain hosting services submitted by SoFast Internet and Computer Services and authorize the City Manager to execute the necessary documents. Motion carried 4-0.
	ORDINANCES/RESOLUTIONS
Ord. 2770, Procedure for naming and renaming parks. Accepted on first reading.	8. ORDINANCE 2770, PROVIDING A PROCEDURE TO NAME AND RENAME PARKS. Ordinance 2770 establishes a procedure for naming and renaming City parks. The procedure to name parks would involve Neighborhood Councils and the Park and Recreation Board, with final approval of the City Commission. A similar process would be followed for the re-naming of City parks. Parks named in memory, dedication or in honor of someone, would only be done if there has been a significant contribution to the development of the park or notable contribution to the City, state or nation. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2770 on first reading and set a final reading for 7:00 p.m., May 16, 2000. Motion carried 4-0.
Ord. 2773, Fair Add., B1, L25-29, Rezone. Set public hearing for June 6, 2000.	9. ORDINANCE 2773, REZONE FAIR ADDITION, BLOCK 1, LOTS 25-29. If approved on final reading, Ordinance 2773 will rezone Fair Addition, Block 1, Lots 25-29 from "A" Residence Use to "LB" Local Business District and Lots 27-29, from "A" Residence Use to "GC" General Commercial District. The lots are located along the east side of 6th Street NW and north of the NW Bypass. The purpose for the rezoning is to permit the offering for sale of the lots suitable and adaptable under the requested zoning classifications. The Planning Board conducted a public hearing on the rezoning on April 11, 2000, and passed a motion recommending the City Commission approve the request subject to the following conditions: each commercial development associated with the subject property shall be comprised of at least two lots; and prior to issuance of a commercial building permit within subject property, the development site plan shall be reviewed and approved by the Planning Board. Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2773 on first reading and set the final reading and public hearing date for 7:00 p.m., June 6, 2000. Motion carried 4-0.
Res. 9080, Intent to Annex Finlay's Supp. to Prospect Park, B7, L-13. Adopted.	10. RESOLUTION 9080, INTENT TO ANNEX FINLAY'S SUPPLEMENT TO PROSPECT PARK, BLOCK 7, LOTS 1-3. The Planning Office received an application to annex Finlay's Supplement to Prospect Park, Block 7, Lots 1-3, located along the north side of 21st Avenue South between 13th and 14th Streets South. The three vacant lots comprise 9,342 square feet and is owned by Rusty and Doreen Sigley who are interested in constructing a single family residence on the property and obtaining City water and sewer service. The Planning Board recommended the City Commission approve the annexation request subject to the owner: paying all applicable fees; signing an agreement containing applicable terms and conditions; and providing a surety bond in the amount of $9,900 for their proportionate share of the cost of the water main. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9080 expressing an intent to annex Lots 1-3, Block 7, Finlay's Supplement to Prospect Park, and setting a public hearing on the annexation for June 6, 2000. Motion carried 4-0.
Ord. 2774, Finlay's Supp. to Prospect Park, B7, L-13, zoning. Set public hearing for June 6, 2000.	11. ORDINANCE 2774, ESTABLISH ZONING UPON FINLAY'S SUPPLEMENT TO PROSPECT PARK, BLOCK 7, LOTS 1-3. Ordinance 2774 assigns a zoning classification of "A" Residence Use, "B" Area District to Lots 1-3, Block 7, Finlay's Supplement to Prospect Park. The Planning Board recommended the City Commission approve the zoning classification request. Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2774 on first reading and set a public hearing for June 6, 2000, to consider adoption of Ordinance 2774. Motion carried 4-0.
Res. 9078, Animal Control Fees. Adopted.	12. RESOLUTION 9078, AMENDING ANIMAL CONTROL FEES. Resolution 9078 amends portions of Resolution 8551 which was adopted in 1993 and established the animal control fees. Even though the Animal Shelter is contractually operated by the Humane Society, most of the fees are set by City Commission resolution. This not only provides for checks and balances, it also provides for a public process for the establishment of fees. The Humane Society recommended modest fee increases for 2 fees and to establish a fee that had been inadvertently omitted in Resolution 8551 pertaining to bee hives. The 2 fees recommended for an increase pertain to the annual license fee and the surrender fee. Fee Recommended License Fee (unaltered animal) $25 License Fee (neutered/spayed animal) $10 License Fee (new two-year license -unaltered) $45 License Fee (new two-year license - altered) $15 Surrender Fee (non-resident) $10 Bee Hive License $25/one time Commissioner Hinz moved, seconded by Commissioners Rosenbaum and Jovick-Kuntz, that the City Commission adopt Resolution 9078. Motion carried 4-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 13. Minutes, April 18, 2000, Commission meeting. 14. Total Expenditures of $699,414 for the period of April 6-19, 2000, to include claims over $500, in the amount of $657,801. 15. Contracts List. 16. Set Public Hearing, Resolution 9079, adjusting the start time for regular Commission meetings to 6:00 p.m. Set the public hearing for May 16, 2000. 17. Amended Plat, McMann Addition, Lot 2 Subdivided a lot into two lots. 18. Change Order 1, East Booster Station Standby Power and Pumping Improvements (OF 1030.3). Approved Change Order 1 to Wadsworth Builders in the amount of $1,919.05 19. Contract Bid Award, 6th Street NW Water Main Replacement (OF 1229). Awarded a contract to United Materials in the amount of $348,885.25. 20. Commission Meeting Date Adjustments. Adjusted the City Commission meeting dates in July and August, 2000. 21. Postpone Bid Award, Linden Terrace Apartment Building, GF Townsite Add., B247 6&7. Postponed the bid award until June 20, 2000. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed. Motion carried 4-0.
	PETITIONS AND COMMUNICATIONS
Noise Complaint.	26A. Gregory Kecskes addressed the Commission about a noise issue near his residence. The noise is located at the Immediate Care Clinic located on 13th Street and Central Avenue. He stated that the company hired for parking lot maintenance violates the noise ordinance and that the Police Department had not been responsive to his complaints. Mayor Pro-tempore Beecher stated that Staff will look into the complaint.
Motor Sports Facility request.	26B. Ken Krause, 826 6th Avenue North, asked when the City Commission planned to make a decision as to whether or not the City would help fund a motor sports facility feasibility study. Commissioner Jovick-Kuntz stated it was slated to be discussed at their next work session.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of May 2, 2000, adjourned at 7:05 p.m.