JOURNAL OF COMMISSION PROCEEDINGS
NOVEMBER 8, 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 City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Library, Police Chief, Fire Chief, Park and Recreation, Public Works, Planning, Budget/MIS, Fiscal Services, Acting State Fair Director, and the City Clerk.

PROCLAMATION OF APPRECIATION: Mayor Gray proclaimed October as Brain Injury Awareness Month.

PRESENTATION: The Boy Scouts presented the Fire Department with a letter of appreciation for their willingness to assist during the annual jamboree. The Boy Scouts held their annual event at the Fire Training Center rather than the mountains due to the fire danger this past summer.

SWEARING IN: Mayor Gray swore in Neighborhood Council 3 member Lynn Ulmer-Oatman.

	PUBLIC HEARINGS
Res. 9120, Annex Cowie Addition. Adopted. Ord 2784, Zone Cowie Addition. Adopted.	1&2. 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 would be required to upgrade the facades of the structures proposed to be used for the construction of the motel. At the October 17, 2000, Commission meeting, Staff recommended 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. Both Resolution 9120 and Ordinance 2785 were tabled pending Mr. Cowie meeting with the Design Review Board. The Design Review Board called a meeting which was held on October 18, 2000. Both parties reached consensus on design elements to the proposed motel structure. Staff recommended the City Commission conduct the public hearing on the proposed annexation and zoning and adopt the same. Commissioner Beecher moved, seconded by Commissioner Rosenbaum to remove Resolution 9120 and Ordinance 2784 from the table and conduct a joint public hearing for both. Motion carried 5-0. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to either Resolution 9120 or Ordinance 2784. Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the minor plat of Cowie Addition and the accompanying Findings of Fact and Improvements Agreement and adopt Resolution 9120 subject to adherence to the eight conditions contained herein. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2784. Motion carried 5-0.
Ord. 2785, Amending OCCGF 12.04 pertaining to obstacles in boulevards. Adopted.	3. 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. Mayor Gray declared the public hearing open. Mr. Ecke spoke in support of the proposed ordinance. Mr. Lewis spoke in opposition to it. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2785. Motion carried 5-0.
Ord. 2786, Amend Uniform Building Codes pertaining to the Sign Code. Tabled for up to 60 days.	4. ORDINANCE 2786, AMENDING UNIFORM BUILDING CODES PERTAINING TO THE SIGN 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 outside 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. Mayor Gray declared the public hearing open. Those speaking in support of Ordinance 2786 were: Dan Dust, Big Sky Sign Service, who provided a visual display of several signs that did not meet code and are either falling down or have safety concerns. He demonstrated what a transformer was and explained that for a $15 fee anyone could install one. He advocated that the National Electrical Code should set the standard for sign safety and installation and that in the past it was a "free-for-all" when it came to sign installation. Ty Rembe, Sign Pro, stated he was not a sign installer, however he supported this ordinance due to the safety factors outlined earlier. He added that every other type of installer needed a license, must follow code and have their work inspected by the City, signs should not be an exception. Those speaking in opposition to Ordinance 2786 were as follows: Bill Lewis, Central Sign and Basic Sign, stated that he opposed the requirement to have engineer approval for the installation of the signs. He added that the customer will pay this additional cost to which will deter people from wanting signs installed. He added that sign installers use a handbook and for many years that has been the standard. He stated he did agree with the requirements for the neon signs to be inspected. However, he added the other proposed amendments were not necessary. Lee Lewis, Central Signs, stated that he was required to post a bond with the City and carry liability insurance. He added that was the City's leverage to ensure signs were properly installed. He stated that Missoula has a similar law and it cost an additional $350 for an engineer stamp which was passed on to the customer. He disagreed with several design comments made by Mr. Dust pertaining to installation and coverage of wires in a sign cabinet. He also stated that he disagreed with the height requirements for signs indicating that it was additional business for him if drivers hit the signs because of their poor driving skills. Mr. Lewis stated he did not agree with inspections conducted in his shop due to trade secrets he did not want to share and insinuated that this ordinance was anti-business. He alluded to problems that might occur with scheduling inspections and that sign installers would be forced to wait for inspectors to arrive which would cost the sign companies money. He asked if the City would accept responsibility for the installation of the sign once it was inspected. Mr. Lewis also questioned the test requirement for sign installers to receive a license. He suggested that sign installers develop the questions for the test and that the questions covered all elements of the sign trade. Bob Snyder, CAT Graphics, stated he has been in the sign business since 1981 and has installed signs in 11 states. He added that none of his signs have ever fallen or became a safety concern. He said that some of the proposed changes in the ordinance would help the industry however, some of the amendments were unnecessary. Mr. Snyder also commented on the insurance and bond requirements currently in place which the City could use as leverage for proper sign installation. Bob White, Rocky Mountain Signs, concurred with the previous speakers. He added that the real issue would with neon signs and asked the City to write a code that made sense and the sign installers would follow it. He closed stating that with the constant wind in Great Falls there will bound to be problems with signs from time to time. Dennis Storrusten, Dennis' Signs, stated he does not install electrical signs. However, he encouraged the City Commission to loosen the size restrictions for wall signs. There being no one further to address the Commission, Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Hinz seconded, that the City Commission adopt Ordinance 2786. Following a brief period of questions and answers, Mayor Gray stated that it appeared there was consensus with Staff and the sign industry that neon sign installation needed to be addressed. However, Mayor Gray sensed disagreement as to the issues and remedies for other sign installation issues including testing welds on pole signs. He explained to members of the audience that Staff requested a structural engineer to analyze the wind load chart and the result was that it should not be adopted as the foundation for the structural design of signs. He was concerned about safety. Mayor Gray added that something needed to be done, but was not sure if the right ordinance had been presented. He asked Dave Gliko, City Attorney, what the City's liability was if the Commission did not adopt the ordinance. Mr. Gliko stated that liability went both ways. If the City Commission did not adopt an ordinance correcting the known flaws, the City could be liable. He added that there must be a standard in the industry and the City had to do a credible job in drafting an ordinance that could meet that standard. Commissioner Beecher recommended that representatives of the sign industry and Staff meet and discuss a common sense approach to this issue. He added that in light of the testimony heard, he did not feel comfortable adopting the ordinance as presented. Commissioner Jovick-Kuntz concurred. Commissioner Rosenbaum retracted the motion and moved that the City Commission table action on Ordinance 2786 for 60 days. Commissioners Beecher and Diane Jovick-Kuntz seconded the substitute motion. Motion carried 5-0.
Ord. 2788, Establishing An Advisory Commission On International Relationships. Adopted.	5. 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 recommended the City Commission consider Ordinance 2788 creating an Advisory Commission on International Relationships. Mayor Gray declared the public hearing open. Lee Neiber, 373 Beth Drive, and Keith Tokerud, 2020 3rd Avenue South, spoke in support of the proposed ordinance. There being no one further to address the City Commission, Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz and Rosenbaum, that the City Commission adopt Ordinance 2788. Motion carried 5-0.
Res. 9116, Community Hall Add., L12T, Nuisance Abatement. Adopted.	6. RESOLUTION 9116, NUISANCE ABATEMENT, COMMUNITY HALL ADDITION, LOT 120T. On May 24, 2000, a complaint was taken at the Community Development Department regarding the property at 943 13th Street SW. Upon checking Mr. Scott's property file (owner of the property) Staff found the property has been an ongoing problem since 1972. Mr. Scott had been cited and taken to court for the same violations in the past. An inspection was conducted and it was noted that there were unlicensed vehicles, auto parts, scrap metal, wood and other miscellaneous rubbish scattered about the yard. A certified letter was sent to Mr. Scott informing him of the violation of City codes and that he would have 30 days to clean the property. The property was reinspected on June 28, 2000. Clean-up had not taken place so a citation was issued. Mr. Scott appeared in court and the Assistant City Attorney granted Mr. Scott an additional 60 days to clean the property. On September 20, 2000, the property was inspected and the clean-up had not taken place. Mayor Gray declared the public hearing open. Mr. Calvin Scott, 943 13th Street SW, appealed to the City Commission to give him additional time to clean-up the property. He explained that he's had some health problems this past year making it difficult to clean the property up himself. He added that he does not have the funds necessary to pay for the clean-up and that he was doing the best he could do. There being no one further to address the City Commission, Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9116. Commissioner Rosenbaum asked if there was any salvage value associated with the items located on the lot. Mike Rattray, Community Development Director, stated that any salvage value was taken into consideration during the bidding process for the clean up. City Manager John Lawton stated that upon adoption of the resolution, the owner had an additional 30 days to clean up the nuisance. Mayor Gray called for the vote. Motion carried 4-0-1 (Commissioner Jovick-Kuntz dissenting).
	NEW BUSINESS
Deed, Broadwater Bay Business Park, B2 L1. Approved.	7. LAND PURCHASE - BROADWATER BAY BUSINESS PARK, BLOCK 2, LOT 1. Staff has been negotiating the possible purchase of 400 River Drive South to allow the future expansion of public parking at Broadwater Bay. The parcel under consideration for the purchase is located between the existing parking lot and River Drive. The lot consists of 1.78 acres or about 77,536 square feet. Trillium Corporation, owner of the lot, had been advertising the selling price to be $4/square foot or $310,000. The negotiated purchase to the City is priced at $2.58 per square foot or $200,000. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the purchase of Lot 1, Block 2, Broadwater Bay Business Park from Trillium Corporation for a price of $200,000 and authorize the City Manager and staff to execute the necessary documents. Mayor Gray asked if anyone in the audience wanted to speak to this issue. Ashby Burchard, 3226 5th Avenue South, stated he did not want the City to encourage additional boat traffic to the Broadwater Bay area. He suggested the City not purchase this property and purchase property owned by Art Renander instead that could further enhance the River's Edge Trail. Candy Storrusten, 700 6th Avenue NW, supported the land purchase stating that it was a nice thing to do especially if the intent was to leave it as open space to view the river. After a brief discussion by the Commission, Mayor Gray called for the vote. Motion carried 5-0.
Res. 9117, Sign Code Fee Amendments. Tabled.	8. RESOLUTION 9117, AMENDING FEES RELATED TO THE SIGN CODE AND TESTING FEE FOR SIGN ELECTRICIAN/ERECTOR CERTIFICATE. This item was introduced to set new fees associated with the adoption of Ordinance 2786. Since the Commission tabled action on Ordinance 2786, it was necessary to table action on this item as well. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission table action on Resolution 9117. Motion carried 5-0.
Ord. 2789, Supplemental Ordinance relating to $3,000,000 water and sanitary sewerage system revenue bonds, Series 2000. Adopted.	9. ORDINANCE 2789 (SUPPLEMENTAL), RELATING TO $3,000,000 WATER AND SANITARY SEWERAGE SYSTEM REVENUE BONDS (DNRC DRINKING REVOLVING LOAN PROGRAM, SERIES, 2000; AUTHORIZING ISSUANCE AND FIXING THE TERMS AND CONDITIONS THEREOF. As part of the issuance process related to the proposed Series 2000 Water and Sewerage System Revenue Bonds, the City Commission was required to adopt an ordinance supplementing Ordinances 2623 and 2712. Those ordinances authorized the issuance and fixed the terms and conditions of the 1992 and 1996 Water and Sanitary Sewerage System Revenue Bonds, created special funds and accounts, pledged certain revenues as security for such bonds, any outstanding bonds and any additional bonds; and amended Ordinance 1822 in its entirety. Ordinance 2789 authorizes the issuance and fixes the terms and conditions of the Series 2000 Water and Sanitary Sewerage System Revenue Bonds and supplements Ordinances 2623 and 2712. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Supplemental Ordinance 2789 on first reading and set the final reading for 6:00 p.m., November 21, 2000. Motion carried 5-0.
Res. 9126, SID Surplus Release. Adopted.	10. RESOLUTION 9126, AUTHORIZING THE RELEASE OF SPECIAL IMPROVEMENT DISTRICT (SID) REVOLVING FUND CASH SURPLUS TO THE GENERAL FUND (OF 1259). Annually staff analyzes the SID subsidiary debt service funds, and the SID Revolving Fund. The analysis assists in determining the necessity for new loans and loan paybacks between the subsidiary and revolving funds. A calculation was also made as to whether the revolving fund balances were within State statutory minimums ($125,975) and IRS regulatory maximums ($619,390). On April 4, 2000, it was determined the Revolving Fund balance continued to fall within these guidelines and the City Commission adopted Resolution 9070, authorizing the transfer of money to/from the SID Revolving Fund. Staff requested the City Commission approve the release of revolving fund cash surplus in the amount of $300,000 to be used a s portion of a financing package necessary to construct a downtown parking structure which will enhance utilization of improvements previously constructed with SID financing. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9126. Motion carried 5-0.
Res. 9127, Modifying the GF Central Place Revitalizaiton Plan for a certain urban renewal project. (OF 1259). Adopted.	11. RESOLUTION 9127, MODIFYING THE GREAT FALLS CENTRAL PLACE REVITALIZATION PLAN TO APPROVE A CERTAIN PROJECT AS AN URBAN RENEWAL PROJECT (OF 1259). Resolution 9127 acknowledges an intention to use Tax Increment Surplus cash to finance a portion of the construction of a permitted parking structure. It was anticipated that cash balances remaining in the Tax Increment Debt Service Fund will also: pay current debt obligations; maintain all required cash reserves; and allow for the distribution of funds to local taxing jurisdictions. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9127. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 12. Minutes, October 17, 2000, Commission meeting. 13. Total Expenditures of $2,613,942 for the period of October 5 - 26, 2000, to include claims over $500 in the amount of $2,404,251. 14. Contracts List. 15. Set public hearing, November 21, 2000, on Resolution 9123, Cost Recovery, 413 8th Avenue South (GF Townsite Addition, Block 481, Lot 11). 16. Set public hearing, November 21, 2000, on Resolution 9124, Establishing Municipal Golf Fees for 2001. 17. Change Order 2, Phase 1, Historic Preservation of the 10th Street Bridge (OF 979.1). Approved Change Order 2 to the construction contract with Tamietti Construction in the amount $36,068 to provide additional work to Phase 1. 18. This item was pulled. 19. Financing Package, Parking Garage Construction (OF 1259). Approved an ERS Loan as a portion of the Parking Ramp Construction Financing Package. 20. Bid Award, Twenty New 2001 Golf Cars. Awarded a bid for twenty new 2001 golf cars to Steve's Sports Center in the amount of $27,800. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0.
	BOARDS AND COMMISSIONS
Board of Adjustment Reappoint Crum & Witte.	21. REAPPOINTMENTS, BOARD OF ADJUSTMENTS. The terms of Darcy Crum and Jeff Witte expired September 30, 2000. Both individuals were eligible for and interested in reappointment. Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Hinz, that the City Commission reappoint Darcy Crum and Jeff Witte to the Board of Adjustment/Appeals for three-year terms beginning November 1, 2000, through September 30, 2003. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
Russell Park Sign.	22. Mr. and Mrs. Dan Bedker, Neighborhood Council 5, requested the City Commission authorize the installation of a thank-you sign for those who contributed to the improvements of Russell Park. It was the consensus of the Commission to proceed with the sign installation.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of November 8, 2000, adjourned at 9:27 p.m.