JOURNAL OF COMMISSION PROCEEDINGS
DECEMBER 5, 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, State Fair Director, and the City Clerk.

	PUBLIC HEARINGS
Ord. 2790, Amend OCCGF 8.56 pertaining to noise from vehicles. Adopted.	1. ORDINANCE 2790, AMEND OCCGF CHAPTER 8.56 PERTAINING TO NOISE EMANATING FROM MOTOR VEHICLES. Today's motor vehicles are equipped with ever improving sound systems. People owning vehicles not having high-performance sound systems installed often make use of portable stereos in their vehicles. There are instances daily where people are driving with these sound systems turned up louder than is reasonably safe to the driver. The volume of the stereo often drowns out any possibility of hearing emergency vehicles, bass systems can vibrate interior and exterior mirrors to make them virtually useless, and does not allow the driver the ability to reasonably hear any warning signals from other motorists. Further, high noise levels often cause an irritation or annoyance to residents, fellow motorists and local businesses. Staff proposed Ordinance 2790 to address these issues with a sliding scale of fines. Mayor Gray declared the public hearing open. Christopher Rice, 1617 Central Avenue; Sue Ann Strickland, 609 2nd Avenue SW; and Rod Peterson, 2621 9th Avenue South, spoke in support of the proposed ordinance. No one spoke in opposition. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2790. Motion carried 5-0.
Res. 9129, Nuisance Abatement, GF Townsite B456, L7. Adopted.	2. RESOLUTION 9129, NUISANCE ABATEMENT, GF TOWNSITE, BLOCK 456, LOT 7. On July 10, 2000, City staff received a complaint from Neighborhood Housing regarding the property at 510 5th Street South. Staff had taken complaints on that property in the past and sent notices for clean-up. The owner has assured staff the property would be cleaned. However, the property remains full of wooden pallets, scrap lumber, metal, barrels, doors, windows and other miscellaneous rubbish scattered about the yard. An ownership report was ordered which showed Melvin, Henry, Michael, Arvid, Benita and Clementine Witsoe as owners. Only Michael and Clementine live at that address. They were issued a notice to appear in court and they pled guilty. Judge Luth gave them an additional 60 days to clean up the property. The property was reinspected on September 25, 2000. Some clean up had taken place, but not enough to drop the abatement proceedings. Mayor Gray declared the public hearing open. Mr. Mike Witsoe, 510 5th Street South, spoke in opposition to the proposed resolution and asked the City Commission for an extension to clean up his property. No one spoke in support of Resolution 9129. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9129. Commissioner Beecher explained that once the Commission adopted a nuisance abatement resolution, the owners had 30 days to comply. He added that if Staff found that the owner made a good faith effort to clean up the property they would be lenient in proceeding with abatement process. There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
CDBG & HOME Community Issues Public Hearing.	3. CDBG & HOME GRANT CONSOLIDATED PLAN COMMUNITY ISSUES PUBLIC HEARING. The purpose of the Consolidated Plan Community Issues public hearing is to allow citizens, especially lower income citizens, an opportunity to advise the City Commission on the community's issues. Ideas were encouraged as to how federal grant funds could be used to address these issues and to help eliminate needs. The comments heard would be considered by the City Commission when allocating the 2001/2002 CDBG and HOME funds. Mayor Gray declared the public hearing open. Those addressing the Commission were as follows: Jennifer Wright, 600 1st Avenue SW, requested the City Commission consider the Boys and Girls Club and the benefits to low and moderate income children the Club provided when they allocated CDBG funds. Cindy Doland, 3921 17th Avenue South, spoke on behalf of the "For the Children Coalition." She explained that this group works with children's groups on homeless issues. She added that 1% of children in school are homeless and there are not enough shelters available to meet the need. Karen Grove, 1816 1st Avenue North, member of Neighborhood Council 8, requested the City Commission consider allocating funds to pay for new playground equipment, internal sidewalks and curbcuts in Memorial Park to make it ADA accessible. Christopher Rice, 1716 Central, concurred with Mrs. Grove's comments. Nancy O'Brien, Neighborhood Housing Services, stated that a top priority in the community for CDBG and HOME funds was the down payment assistance program which leverages a future for people who could not otherwise own a home. She stated the second priority was money for the revitalization of the city's neighborhoods which included rehabilitating the houses needing it. Finally, she stated the third priority was funds for the construction of new homes in low and moderate income areas. Bob Horne, City/County Planning Director, spoke on behalf of Ellen Sievert and Bob Gleissner of the Historic Preservation Committee. He explained that the community needed to have a historic structure survey of the downtown completed which would be beneficial not only to the Historic Preservation Committee but to many of the businesses as well. Dave Dobbs, City Engineer, explained that home owners in the low/moderate areas of Great Falls needed assistance with basic infrastructure improvements. He added that many times infrastructure improvements such as streets and curbs & gutters were typically funded through Special Improvement Districts (SIDs). However, owners in low and moderate income areas could not afford an SID thus eliminating a funding source for needed improvements. He stated that for the past several years, the Public Works Department has requested CDBG funding for infrastructure projects in low and moderate areas and have begun to make an impact on these needs. He requested the City Commission continue to allocate funds to this type of project. Dave Suttner, 2310 1st Avenue North, requested the City Commission allocate the maximum amount of CDBG funds to public services. There being no one further to address the City Commission, Mayor Gray closed the public hearing.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2791, Amending OCCGF 15.09, Plumbing Code. Set public hearing for December 19, 2000.	4. ORDINANCE 2791, AMENDING UNIFORM BUILDING AND CONSTRUCTION CODES PERTAINING TO OCCGF 15.09 - PLUMBING. Administrative rules of Montana require that local governments with a code enforcement program adopt, within 90 days of receipt of notice, the latest codes adopted by the State. The City received notice that the State adopted the 2000 Edition of the plumbing code on November 13, 2000. Ordinance 2791 was prepared to comply with State law. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2791 on first reading and set the public hearing for December 19, 2000. Motion carried 5-0.
Ord. 2792, Hillcrest 3rd Add., zoning. Set public hearing for January 2, 2001.	5. ORDINANCE 2792, ESTABLISH ZONING UPON HILLCREST 3RD ADDITION. The Planning Board received a request to subdivide and annex a 6.88 acre tract of land located along the west side of 13th Street South between 13th and 17th Avenues South. The proposed 4-lot minor plat is to be known as Hillcrest 3rd Addition. Proposed Lot 1 is presently occupied by a mausoleum. Lot 2 is a site for a proposed funeral home and there are presently no plans for Lots 3 and 4. The Planning Board conducted a public hearing on the annexation request on November 14, 2000, and voted to recommend the City and County Commissions approve the minor plat and the accompanying findings of fact and that the City Commission annex the area applying a zone classification of "LB" Local Business, "B" Area District. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission accept Ordinance 2792 on first reading and set a public hearing for January 2, 2001. Motion carried 5-0.
Res. 9131, Intent to Annex Hillcrest 3rd Addition. Adopted.	6. RESOLUTION 9131, INTENT TO ANNEX HILLCREST 3RD ADDITION. Resolution 9131 sets a public hearing for January 2, 2001, to consider annexation of Hillcrest 3rd Addition, a proposed four lot subdivision located along the west side of 13th Street South between 13th and 17th Avenues South. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9131. Motion carried 5-0.
Res. 9125 - Interfund loan to Golf Course (OF 906). Pulled.	7. RESOLUTION 9125 - INTERFUND LOAN TO GOLF COURSE (OF 906). This item was pulled from the agenda.
Res. 9132. Concur with MDOT on limited access on Airport Road. (OF 1236.1). Adopted.	8. RESOLUTION 9132, CONCURRING WITH THE MONTANA DEPARTMENT OF TRANSPORTATION IN ESTABLISHING LIMITED ACCESS ALONG AIRPORT DRIVE (OF 1236.1). The Montana Department of Transportation is designing a safety project to realign the I-15 south bound off ramp to improve its geometry to the intersection with Airport Drive and the frontage road to the new jail. At the request of the High Plains Development Authority, the off ramp and Airport Drive will also be widened to accommodate the increased passenger and truck traffic anticipated from Federal Express, future air cargo business, and traffic to the Crystal Inn area. Limited access was necessary to preserve the ability of Airport Drive to carry the increasing traffic loads. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9132. Motion carried 5-0.
Res. 9133, Parking Ramp Rates. Adopted.	9. RESOLUTION 9133, PARKING RAMP LEASE RATES. The Community Development Department, along with the Parking Advisory Commission, reviewed the monthly lease rate at the existing ramp in an effort to determine if the rate should be increased and to establish the lease rate for the new parking structure. At its November 16, 2000, meeting, the Parking Advisory Commission passed a motion recommending that the monthly lease rate at the ramp be raised from $35 to $40, effective March 1, 2001. The Parking Commission also recommended that the lease rate at the new parking ramp be set at $40 effective March, 2001. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9133. Karen Grove, 1816 1st Avenue North, presented a petition with 80 signatures, opposing the proposed rate increase. She stated that the Commission should designate spaces in the old parking structure for monthly pass holders to ensure they have a space when they need to park. Commissioner Beecher asked Mr. Rattray if staff could research the space designation request. Mr. Rattray stated he would. There being no further discussion, Mayor Gray called for the vote. Motion carried 4-1 (Commissioner Jovick-Kuntz dissenting).
Consent Agenda Approved as printed.	CONSENT AGENDA 10. Minutes, November 21, 2000, Commission meeting. 11. Total Expenditures of $965,314 for the period of November 9-22, 2000, to include claims over $500 in the amount of $919,361. 12. Contracts List. 13. Set public hearing, December 19, 2000, on the sale of a lot commonly referred to as Henderson Park property. 14. Postpone Bid Award, Eagle Falls Golf Course Renovation Phase II (OF 906.3) in order to allow staff additional time to review the bids. 15. Bid Award, Police Cars. Awarded a bid to City Motor Company in the amount of $96,990 for five new police cars. 16. Postpone Bid Award, Paint Striper, in order to allow staff additional time to review the bids. 17. Bid Award, 3/4 ton pickup truck. Awarded a bid to Ronan Auto Body and Sales in the amount of $34,484, including trade-ins, for two new 2001 Dodge pickup trucks. 18. Change Order 1, Mitchell Pool Flow Rider, and Lazy River (OF 1269). Approved a change order to Sletten Construction in the amount of $11,770 to provide a number of small design improvements for the project. 19. Final Pay Request, 15th Avenue South Street Improvements (OF 1014). Approved a final payment to United Materials and the State Miscellaneous Tax Division in the amount of $16,502.32. 20. Compensation/Classification Study Contract, Public Sector Personnel Consultants. Approved a contract for an amount not to exceed $80,000. Commissioner Beecher moved, seconded by Commissioners Rosenbaum and Jovick-Kuntz, that the Consent Agenda be approved as printed. Motion carried 5-0.
	BOARDS & COMMISSIONS
City/County Health Board. Reappoint Wiseman.	21. REAPPOINTMENT, CITY/COUNTY HEALTH BOARD. Iva "Boots" Wiseman was appointed to the City/County Health Board on September 21, 1999, to fill the remainder of the term vacated by Janis Majerus-Wegerhoff. Ms. Wiseman was eligible for and interested in a second appointment. Commissioner Hinz, seconded by Commissioner Beecher, that the City Commission reappoint Iva "Boots" Wiseman to the City/County Health Board to a three year term expiring December 31, 2003. Motion carried 5-0.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of December 5, 2000, adjourned at 8:12 p.m.