JOURNAL OF COMMISSION PROCEEDINGS
JUNE 20, 2000

Regular City Commission Meeting

Mayor Randy Gray presiding

CALL TO ORDER: 7:00 PM

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

	PUBLIC HEARINGS
Res. 9081, Cost Recovery, GF 6th Add., B555, L8&9. Adopted.	1. RESOLUTION 9081, COST RECOVERY, GF 6TH ADDITION, B555, L8&9. Richard Fuhrer, property owner at 316 4th Street SW, was issued a Notice to Abate a Dangerous Building on February 22, 2000. Mr. Fuhrer did not obtain a permit to repair or demolish the structure within the allowed time period resulting in Staff hiring Superior Builders to complete the demolition. The total cost of the demolition was $5,099.89. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9081. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9081. Motion carried 5-0.
Law Enforcement Block Grant Recommended Uses. Approved.	2. BUREAU OF JUSTICE ASSISTANCE (BJA) LAW ENFORCEMENT BLOCK GRANT RECOMMENDATION. Congress allocated funds to be dispersed under the Local Law Enforcement Block Grants Program established within the Bureau of Justice Assistance. In order to receive the funds, a committee must review the proposed uses and make a recommendation to the governing body of the organization receiving the funds. An Ad Hoc committee was appointed by the City Commission on June 6, 2000, and reviewed the Staff recommendations for the use of the $74,186 BJA grant. The Committee recommended that the grant dollars be used to offset the costs of a computer system for the Police Department compatible with a planned CAD system and the court system program. Mayor Gray opened the public hearing on the proposed use of the law enforcement block grant funds. No one appeared to speak in support of or opposition to the proposed use of the funds. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept the recommendation of the LE Ad Hoc Committee for the use of BJA grant funds. Motion carried 5-0.
Res. 9084, Four Seasons Ice User Fees. Adopted.	3. RESOLUTION 9084, A RESOLUTION ESTABLISHING ICE USER FEES AT THE FOUR SEASONS ARENA. In November 1994, the City Commission set fees for the Four Seasons ice users that included a $38/hour for non-prime time and $71/hour for prime time usage. Recent trends indicate a decrease in ice usage while operating costs related to maintenance and programming of the ice surfaces remained constant. This resulted in a shortfall in the Recreation Ice Program fund. The proposed ice user fees proposed by Staff would raise the revenue needed to offset the maintenance costs. The proposed rate structure was as follows: Contracted Four Seasons Hourly rate $71 (no increase) Basic Four Seasons Hourly Ice Fee $91 ($20 increase) Open Skating Admission Fee (all ages) $3 ($1 increase) Public Hockey Admission Fee (all ages) $4 ($1 increase) The differentiation between prime-time usage and non-prime time usage was proposed to be eliminated. Staff presented a history of the Four Seasons including how its construction was funded, who has managed it, the intent of the County Commissioners regarding long-term maintenance, and the improvements to the structure since it was built. The Staff presentation also included the reasons for the proposed rate structure and a comparison of the rates with other ice facilities in the area. Mayor Gray declared the public hearing open. Those speaking in support of Resolution 9084 were as: Joe McMahon, 3121 2nd Avenue South, stated he supported Resolution 9084 because the ice users did. However, he wanted to ensure the ice users were treated fairly. He asked if the organizers for the Bull Dazzle were charged for set up days. Patty Gumenberg, State Fair Manager, stated they were. Eric Ray, Great Falls Americans, stated that ice users were the anchor tenants at the Four Seasons and that they had a good relationship with City Staff. He was concerned, however, that there was an inherent conflict between the missions of the Park and Recreation Staff and of the Fairgrounds Staff. He explained that while Park and Recreation was working with the ice users to ensure their programs were successful, the State Fair Staff was working to raise as much revenue from the Four Seasons as possible. With these two missions, oftentimes, the ice users were without a facility for their programs. He requested that the ice users be treated with common courtesy and respect. Jamie Hoff, Great Falls Youth Hockey President, concurred with Mr. Ray's comments. Mr. Hoff asked if the fees were used to offset expenditures associated with the Four Seasons and not the entire Montana ExpoPark campus. Patty Gumenberg stated that all revenues and expenditures associated with the Four Seasons are accounted for in the Four Seasons fund. Kate Triplet, Great Falls Youth Hockey, supported the proposed rate structure, specifically the addition of a contract for ice usage. She added, however, that the ice users were absorbing any losses of the Four Seasons and that she did not support the idea of the Bull Dazzle event. She continued stating that Staff was unresponsive to the ice users request not to schedule the event in November. Susan Cooper, Great Falls Figure Skating, concurred with the previous testimony. She added that she was disappointed with the maintenance of the building explaining that there were mice in the office she rented and the entrances were often littered with trash. No one spoke in opposition to Resolution 9084. There being no one further to address the City Commission, Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9084. Commissioner Jovick-Kuntz asked what process was in place to balance the needs of the Four Seasons users. Scott Henderson explained that annual calendars were created listing all scheduled events including ice users games, practice times and performances. He added that when an opportunity arose to bring in a special event Staff meets with the users to work out the schedule. Commissioner Hinz asked if the City was requiring the ice users to balance the budget. Scott Henderson stated that youth hockey used the ice the most and when they used less ice and the costs of operating the Four Seasons remains the same, a deficit was created. He added that the proposed fee structure was necessary to stabilize the revenue commitments of the ice users. Commissioner Hinz stated she was concerned about the maintenance of the facility. Patty Gumenberg stated that with the high usage of the facility a lot of trash was generated. She added that the maintenance staff was very good and periodically they get caught between some short turn around times. However, they do a good job maintaining the facility. Commissioner Beecher stated that this issue revolves around communication and making sure that all the parties were kept informed. Commissioner Rosenbaum stated that other users of the Four Seasons have seen fee increases too. Mayor Gray complimented Staff on their presentations. He explained to the members of the audience that the Four Seasons was not a facility dedicated to one use and that Staff needed to continue to balance the needs for the facility. There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
	OLD BUSINESS
Ord. 2776, Charter Amendment for the Library Mills. Adopted.	4. ORDINANCE 2776, SUBMIT TO THE ELECTORS A CITY CHARTER AMENDMENT TO INCREASE THE LIBRARY MILL LEVY LIMIT BY TWO MILLS. The Library needs additional revenue to provide basic services to the community. For the last several years, just to provide basic seven day a week service, the City provided the Library an additional $50-$60,000 annually from the City's general fund. Even with this added support, the Library's book and materials budget remained frozen at $50,000 for the last ten years. Over the next ten years, $2 million will be needed by the Library to provide basic capital expenses and depreciation. The Library has been unable to fund capital improvements in its budget and to fund depreciation. The Library Foundation has been able to supplement the book budget. However, the Foundation funds are highly restricted and not available for operational needs. The Library Board, Library Foundation and an independent financial study group, recommended that two additional Library mills be proposed for voter approval at the next general election. Two City mills would raise approximately $135,000. The recommended form for the mill levy increase was as a charter amendment. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2776. The following spoke in support of Ordinance 2776: John Curtis, Mark Meyer, Lee Walker, Dr. Tim Masco, and Clayton M. Braden. Mayor Gray stated that it was important to stabilize the library budget and, in the process, relieve the City of some of the additional financial obligations undertaken to offset the Library's operating and capital improvement costs. Mayor Gray called for the vote. Motion carried 5-0.
	NEW BUSINESS
	RESOLUTIONS/ORDINANCES
Res. 9090, Nuisance Weeds Fee. Adopted.	5. RESOLUTION 9090, ESTABLISHING A CHARGE TO CUT NUISANCE WEEDS ON PRIVATE PROPERTY. Resolution 9090 increases the fee for the City to cut nuisance weeds on private property from $50/hour plus a $15 administrative fee to $200/hour with a one hour minimum and no administrative fee. Nuisance weeds are defined as all weeds, grass, and other wild un-cared for vegetation growing to a height in excess of eight inches. City staff typically handles between 1,000 and 1,500 complaints annually. According to Staff statistics, 85% of the property owners notified of the complaint, cut the weeds, leaving approximately 15% of the properties to be mowed by City crews. Monies collected in the past from property owners whose weeds were mowed by City crews averaged between $5,000 and $10,000 while the costs incurred by the City were approximately $45,000. The proposed fee increase would assist in generating the revenue needed for the program. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9090 establishing the fee for the City of Great Falls to cut nuisance weeds on private property to be two-hundred dollars ($200) per hour with a one hour minimum charge and no administrative fee. Motion carried 5-0.
Ord. 2777, Rezone West Great Falls Add., B1 L10. Set public hearing.	6. ORDINANCE 2777, REZONE WEST GREAT FALLS ADDITION, BLOCK 1, LOT 10. The applicant filed a petition to rezone the property located at the northwest corner of the intersection of 9th Street Northwest and 8th Avenue Northwest in order to convert one of the two existing residential structures on the property to accommodate a home water treatment business. The Planning Board conducted a public hearing on the rezoning request and passed a motion recommending the City Commission approve the rezoning of the subject lot to "LB" Local Business District from "B" Residence Use. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2777 on first reading and set the final reading and public hearing for 7:00 p.m., July 11, 2000. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 7. Minutes, June 6, 2000, Commission meeting. 8. Total Expenditures of $782,504 for the period of May 25 through June 7, 2000, to include claims over $500 in the amount of $736,202. 9. Contracts List. 10. Labor Agreement, Montana Public Employees Association. Approved a two-year contract with the Montana Public Employees Association. 11. Easement Abandonment, Falcon Ridge Addition #4, Block 2, Lot 1. Abandoned two feet of a utility easement at 960 Valley View Drive. 12. Engineering Services Agreement, 14th & 15th Street Couplet Storm Drain Water Main Replacement (OF 1215). Approved an agreement with Thomas, Dean & Hoskins for engineering services. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0.
	BOARDS AND COMMISSIONS
Preliminary Development Plan T20N R3E, Sec. 11, Mk 1. Approved.	13. PRELIMINARY DEVELOPMENT PLAN FOR RIVER-FRONT RECREATIONAL VEHICLE PARK - T20N R3E SECTION 11, MARK 1. Ken Holman owns a 2.27 acre parcel of land along the west bank of the Missouri River which he plans to develop into an RV recreational park. The subject property is properly zoned as 1st Industrial District. Montana statute stipulates subdivisions created by rent or lease are exempt from surveying and filing requirements but must be submitted for review and approved by the governing body before portions may be rented or leased. The Planning Board conducted a public hearing and voted to recommend the preliminary development plan for the Riverfront Recreational Vehicle Park subject to the following conditions: the applicant obtain approval from the State Department of Environmental Quality including the layout design and private on-site utility system; the applicant obtain approval from Public Works of a storm drainage plan and proposed connections to the City water and sewer systems; the applicant obtain approval for a landscaping plan; the applicant may not establish any use (expect those specifically serving the RV park) in the existing building on the north end of the subject property; the applicant revise the preliminary plan to provide adequate topographical or other information to clearly demonstrate that the existing sloped bank is completely contained within the trail easement; and any fill material placed in or on the sloped bank is subject to approval of a 310 permit. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the preliminary development for the Riverfront Recreational Vehicle Park and the accompanying Findings of Fact subject to conditions stipulated by the City-County Planning Board. Motion carried 4-1 (Commissioner Hinz dissenting).
Library Board. Reappoint Meyer.	14. REAPPOINTMENT, LIBRARY BOARD. Mark Meyer was appointed to the Library Board on April 15, 1997, to fill the remainder of the term vacated by Thomas Berg. Mr. Meyer's term expired June 30, 2000; therefore it was necessary to reappoint him to a second term. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission reappoint Mark Meyer to the Library Board for a five-year term, beginning July 1, 2000, and expiring June 30, 2005. Motion carried 5-0.
Upper Missouri Lewis And Clark Bicentennial Commission. Appoint Heavy Runner.	15. APPOINTMENT - UPPER MISSOURI LEWIS & CLARK BICENTENNIAL COMMISSION. The Upper Missouri Lewis & Clark Bicentennial Commission was created to act as promoters and coordinators for the upcoming bicentennial of the Lewis & Clark Expedition. The Commission consists of nine members, with the City of Great Falls, Cascade County and Chouteau County each making three appointments. Dwight Holman, a City appointee, resigned his position, therefore it was necessary to appoint someone to fill it. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint Lyle Heavy Runner to the Upper Missouri Lewis & Clark Bicentennial Commission for a term through December 31, 2006. Motion carried 5-0.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of June 20, 2000, adjourned at 8:37 p.m.