JOURNAL OF COMMISSION PROCEEDINGS
OCTOBER 17, 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, Library, Fire Chief, Park and Recreation, Public Works, Planning, State Fair, Budget/MIS, Fiscal Services, and the City Clerk.

PROCLAMATION OF APPRECIATION: Mayor Gray proclaimed October 15 - 21, 2000 as a Week without Violence.

	PUBLIC HEARINGS
Res. 9119, Annex a parcel near NRT 5 and 6. Adopted. Ord. 2783, Zoning for a parcel near NRT 5 and 6. Adopted.	1&2. RESOLUTION 9119, ANNEXATION OF A CITY-OWNED PARCEL NEAR 5A STREET NE AND ORDINANCE 2783 - ZONING OF THE CITY-OWNED PROPERTY NEAR 5A STREET NE. City administration requested to annex a 5,745 square foot tract of land located along the west side of 5A Street Northeast between 32nd and 33rd Streets Northeast. The City owns the land and requested it be annexed into the City before soliciting bids to sell the property. The property is a segment of a 50 foot wide east-west utility easement between subdivisions of North Riverview Terrace Sections 5 and 6. The easement strip, except for the street crossings, is unplatted and unincorporated. The City has no interest in retaining ownership of the segment of land. The Planning Board, on August 8, 2000, recommended the City Commission approve the requested annexation. Ordinance 2783 assigns a zoning classification of "A" Residence Use, "A" Area District, to a vacant uplatted 5,745 square foot tract of land located along the west side of 5A Street Northeast between 32nd and 33rd Streets Northeast. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9119 or Ordinance 2783. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9119. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2783. Motion carried 5-0.
Res. 9120, Annex Cowie Addition. Tabled. Ord 2784, Zone Cowie Addition. Tabled.	3&4. RESOLUTION 9120, ANNEXATION OF COWIE ADDITION AND ORDINANCE 2784, ZONING FOR COWIE ADDITION. Property owners Rex and Gloria Cowie submitted a minor plat and annexation and rezoning applications for a single lot subdivision entitled Cowie Addition. The proposed Addition to the City is located on the north side of the Northeast Bypass near 52nd Street North. The property has 330 feet of frontage on the Bypass, is 150 feet in depth and contains 1.14 acres. The owners are planning to build a motel facility on the site. A water main is proposed to be constructed across the Bypass at North Star Boulevard and an 8 inch main extended west along the property's frontage on the Bypass. An 8 inch sanitary sewer main is proposed to be extended approximately 600 feet in North Star Boulevard and across the Bypass to serve the subject property. A storm water detention facility is planned on the applicant's property off the southeast corner of the Minor Plat. The Planning Board discussed the requests on August 8, 2000. Following the discussion, the Planning Board recommended the following: the minor plat of Cowie Addition and the accompanying Findings of Fact be approved; the area included in the minor plat be annexed to the City; and a zoning classification of 1st Industrial, "C" Area District, be assigned to the area being annexed in conjunction with the Minor Plat. This was subject to: correction of any errors or omissions on the Minor Plat which may be noted by Staff; preparation of a certificate of title by a title company be filed; payment of applicable fees; obtaining the Public Works Department approval on final engineering documents; entering into an annexation agreement; obtaining the Department of Transportation's approval of the application for approach and plans for utility construction and storm water dispersion involving the Northeast Bypass; and provision of an appropriate easement to accommodate any off-site storm water detention facility serving the motel site. In order to meet City code, the owner will be required to upgrade the facades of the structures proposed to be used for the construction of the motel. Staff recommended that the Commission table action on the annexation and zoning request until the Design Review Board reviewed the project and determined the extent of architectural modifications prior to the annexation process. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission table Resolution 9120 until such a time as the applicant obtains approval of the intended development from the Design Review Board. Mayor Gray asked for comments from the audience. Wayne Dean, engineer for the project, stated he did not understand why Staff recommended the Commission table action on the annexation request. Commissioner Rosenbaum asked if the action to table the project would force a construction delay. Mr. Dean stated this was an unnecessary delay for the project and that they were planning on pouring concrete soon. He added that the buildings will meet all the necessary building and electrical codes. Commissioner Rosenbaum stated he did not agree with the need to table action on the annexation and suggested that the motion be amended to adopt the annexation resolution. City/County Planning Director Bob Horne reiterated that the reason Staff suggested tabling action on the annexation was to give the applicant choices. Mr. Horne explained that if the developer chose not to comply with the Design Review Board requirements then the developer would not be in a position of an annexed piece of property without a project to be developed on it. Commissioner Beecher stated he agreed with the Staff recommendation to table the annexation of the property until the Design Review Board had an opportunity to review the project. Mayor Gray called for the vote. Motion carried 3-2 (Commissioners Rosenbaum and Jovick-Kuntz dissenting). Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission table Ordinance 2784 until such a time as the applicant obtains approval of the intended development from the Design Review Board. Motion carried 3-2 (Commissioners Rosenbaum and Jovick-Kuntz dissenting).
Sale of GF Townsite, B472, L7. Approved.	5. SALE OF CITY-OWNED PROPERTY, SOUTH 76 FEET OF GF TOWNSITE ADD., BLOCK 472, LOT 7 (610 8TH STREET SOUTH). The adjoining property owners requested the City offer this partial lot for sale. Staff obtained an appraisal that established the minimum bid price for the property at $3,850 and advertised a bid opening for October 4, 2000 at 2:00 p.m. The high bid was submitted by Jim Super in the amount of $4,235. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the proposed sale of land. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioners Rosenbaum and Beecher, that the City Commission approve the sale of the south 76 feet of GF Townsite Addition, Lot 7, Block 472, to Jim Super for $4,235 and authorize the City Manager and staff to execute the necessary documents. Motion carried 5-0.
	OLD BUSINESS
	NEW BUSINESS
	RESOLUTIONS/ORDINANCES
Ord. 2785, Amending OCCGF 12.04 pertaining to obstacles in boulevards. Accepted on first reading and set public hearing for November 8, 2000.	6. ORDINANCE 2785, AMENDING OCCGF 12.04 PERTAINING TO OBSTACLES IN THE BOULEVARDS. Neighborhood Council 7 was approached by Richard Ecke, 301 3rd Avenue North, regarding the possibility of asking the City to modify requirements for objects in the boulevards to allow for historical signage. Mr. Ecke resides in the Northside Residential Historic District. This Historic District is made up of 216 major structures which have maintained much of their original appearance. When Mr. Ecke researched the possibility of installing a historical marker on his property in the inside boulevard area, he learned of the City ordinance requiring an encroachment permit. In Mr. Ecke's case, the permit would cost $50 per year. Mr. Ecke requested that the ordinance be amended to exclude specific historical marker's from the encroachment permit requirement. Staff reviewed the request and concurred with Mr. Ecke that the markers would be a nice amenity to the historical walking tour of the Northside Residential Historic District and drafted the necessary ordinance. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2785 on first reading and set the public hearing and final reading for November 8, 2000. Clay Braden, 2708 4th Avenue NW stated he did not support this ordinance for fear that the signs would become driving hazards specifically if they blocked the view for smaller automobiles. Mike Rattray, Community Development Director, stated that the ordinance only allows placement of the signs in the inside boulevard. In other words, only between the sidewalk and the house and not between the sidewalk and the street. Motion carried 5-0.
Ord. 2786, Amending the Sign Codes. Accepted on first reading and set the public hearing for November 8, 2000.	7. ORDINANCE 2786, AMENDING UNIFORM BUILDING CODES PERTAINING TO THE SIGH CODE (OCCGF 15.11). The Community Development Department as well as the City Manager's office received complaints from an individual contractor contending that the City was passive in their efforts to enforce the sign code. It was also mentioned that the sign code itself was insufficient in that it did not provide for special licensure to work on electric signs or outline lighting. Some of the allegations were reinforced by the fact that there have been seventeen sign fires since 1993, with at least seven due to the incorrect installation of neon. Ordinance 2786 amends the sign code to address these concerns. Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2786 on first reading and set a public hearing and final reading for 7:00 p.m. on November 8, 2000. Motion carried 5-0.
Ord. 2788, Establish an Advisory Commission on International Relationships. Accepted on first reading.	8. ORDINANCE 2788, ESTABLISHING AN ADVISORY COMMISSION ON INTERNATIONAL RELATIONSHIPS. International programs are growing for many reasons. Rapid changes in communications technology, globalization of the marketplace, and political changes in the last decade have all contributed to an increasing awareness these trends will accelerate in the future. Communities, as well as individuals, businesses, and institutions, will need to learn to participate in "the global village," or be left behind economically or in other ways. In order for the City to take a leadership role in nurturing and coordinating some of the international efforts, Staff recommends the City Commission consider Ordinance 2788 creating an Advisory Commission on International Relationships. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2788 on first reading and set the final reading for November 8, 2000. Motion carried 5-0.
Res. 9118, Intent to annex Benefis West Subdivision excepting Lot 4. Adopted.	9. RESOLUTION 9118, INTENT TO ANNEX UNINCORPORATED PORTION OF BENEFIS WEST SUBDIVISION EXCEPTING LOT 4. The Planning Department received a request to subdivide 23.9 acres to consider annexation of the unincorporated portion of Benefis West Subdivision excluding Lot 4. The five lot subdivision is located south of the Benefis West Campus. Lot 2 is the proposed site for the St. Thomas Day Care facility. Lot 3 is the proposed site for the Benefis Healthworks facility. There are currently no plans for the development of Lot 1which is within the City limits and zoned "C" Residence Use District. Lot1A (St. Peregrine Addition) is presently occupied by a parking lot and the Gift of Life housing facility. This parcel is being replatted as part of the Minor Subdivision to provide a portion of the public roadway (Benefis Court) being extended into the subdivision to serve Lots 2, 3, and 4. Benefis Court will be improved to City standards including paving, curb and gutter. A non-dedicated turnaround will be provided at the south terminus of Benefis Court. The public use of the turn-around will be assured through an easement. Locating the turnaround on private property will allow Benefis to locate the buildings closer to the turnaround than if it were a public right-of-way. However, Benefis assumes the maintenance responsibility of the turnaround. During a meeting held June 13, 2000, the Planning Board conducted a public hearing on the annexation. The Planning Board passed a motion recommending the City Commission approve the Plat of Benefis West Subdivision and Amended Plat of St. Peregrine Addition and the accompanying Findings of Fact and that the City Commission annex the unincorporated portion of the Subdivision excepting Lot 4, applying a zone classification of "C" Residential, "B" Area, to Lot 2, and "LB" Local Business, "B" Area to Lot 3 with uses restricted to residential, professional offices, medical related or personal services subject to certain conditions which have been met. Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9118 setting a public hearing for 6:00 p.m. November 21, 2000. Motion carried 5-0.
Ord. 2787, Zoning for Benefis West Subdivison excepting Lot 4. Accepted on first reading and set public hearing for November 21, 2000.	10. ORDINANCE 2787, ESTABLISH ZONING UPON BENEFIS WEST SUBDIVISION. Ordinance 2787 assigns a zoning classification of "C" Residential, "B" Area to Lot 2 and Limited Local Business, "B" Area to Lot 3, Benefis West Subdivision, located south of the Benefis West campus. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2787 on first reading and set the public hearing for November 21, 2000. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 11. Minutes, October 3, 2000, Commission meeting. 12. Total Expenditures of $1,332,906 for the period of September 21- October 17, 2000, to include claims over $500 in the amount of $1,018,531. 13. Contracts List. 14 Set public hearing for November 8, 2000, on Resolution 9116, Nuisance Abatement at 943 13th Street SW. 15. Amended Plat of Lot 15, Block 23 and Lot 4, Block 24, Belview Palisades Addition. Provided for the dedication of a small segment from two lots to comprise a portion of a future cul-de-sac at the west terminus of Poplar Drive. 16. Minor Subdivision Plat, North Riverview Terrace, Section 8. Created a three lot subdivision, a majority of which is occupied by the City Shop Complex. 17. Bid Award, Water Treatment Facility Roof Replacement (OF 1199.2). Awarded a contract in the amount of $142,680 to S&H Aluminum Products, Inc. 18. Bid Award, Water Treatment Plant 1928 Inlet Modifications (OF 1199.5). Awarded a contract in the amount of $30,766 to Kuglin Construction. 19. Bid Award, Trench Roller. Awarded a bid to the lowest responsible bidder for one new trench roller to Great Northern Equipment in the amount of $24,745. 20. Bid Award, Half-ton pickup truck. Awarded a bid for one new 2001 half-ton pickup truck to Bison Motor Company in the amount of $19,997. 21. Engineering Services Agreement, Amendment 1 for the Water Treatment Plant 1927 Inlet Modification (OF 1199.5). Approved an agreement amendment with Delta Engineering to provide additional services and construction phase services for the project. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0.
	CITY MANAGER
Horse Racing Meeting.	24. City Manager John Lawton reported that he, Commissioner Jovick-Kuntz, and State Fair Director Patty Gumenberg, attended a meeting in Helena regarding horse racing and that he will prepare a more in depth report regarding the meeting which will further define the City's position on what it will take to continue horse racing in Great Falls.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of October 17, 2000, adjourned at 6:50 p.m.