JOURNAL OF COMMISSION PROCEEDINGS
January 16, 2001

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:05 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, Budget/MIS, State Fair, Police Chief, Planning, and the City Clerk.

OLD BUSINESS

Ord. 2786, Uniform Building Codes pertaining to the Sign Code. Removed from table and adopted.
1.
ORDINANCE 2786, AMENDING THE 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 a special license 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.

Following the public hearing held November 8, 2000, the City Commission tabled action on this item for 60 days. Staff has been working with the members of the sign industry during the past 60 days.

Jeff Jenkins, Building Inspector, stated that Staff proposed several changes to Ordinance 2786 as a result of working with members of the sign industry. The changes to the ordinance included: creation of two new licenses – a sign contractor electrical and a sign electrician journeyman; the requirement that an exam for both licences would be administered by a national testing firm and that the fee for the exam would be set by the testing firm rather than the City; that one must have a sign contractor, electrical license to obtain a Class A contractor license; that sign electrician journeyman must be employed by a Class A contractor to work on electrical signs, that one permit will cover both sign and building requirements; and that the fee for the permit would be $.75 per square foot.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission remove Ordinance 2786 from the table.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Ordinance 2786.

Motion carried 5-0.

Res. 9117, Amending Fees relating to the Sign Code. Removed from table and adopted.
2.
RESOLUTION 9117, AMENDING FEES RELATED TO THE SIGN CODE; AND TESTING FEE FOR SIGN ELECTRICIAN/ERECTOR CERTIFICATE.

Resolution 9117 sets new fees as provided for in Ordinance 2786 as well as raises existing fees.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission remove Resolution 9117 from the table.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9117.

Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9136, Recover the cost of weed removal. Adopted.
3.
RESOLUTION 9136, TO RECOVER THE COST OF REMOVAL AND DISPOSAL OF NUISANCE WEEDS.

Resolution 9136 assesses the costs incurred by the City in removing nuisance weeds from private properties during 2000 as provided in OCCGF 8.44.040.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9136.

Motion carried 5-0.

Res. 9137, Recover the cost of replacing a side-walk located at GF 3rdAdd., B326, L9. Adopted.
4.
RESOLUTION 9137, RECOVER THE COST OF SIDEWALK REPLACEMENT (GF 3RD ADDITION, BLOCK 326, LOT9).

Determination of the sidewalk hazard was made by the City Engineer. The property owner of 1521 Central Avenue was notified in writing of the hazardous sidewalk and failed to do the repair. The City contracted to have the work done and the owner failed to pay the cost of $1,147.50. MCA 7-14–4109 provides for this process.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9137.

Motion carried 5-0.

Res. 9138, Submitting to the electors the Youth Sports Park (OF 1310). Adopted.
5.
RESOLUTION 9138, SUBMITTING TO THE ELECTORS THE YOUTH SPORTS PARK PROJECT (OF 1310).

Resolution 9138 authorizes submitting to the electors of the City a ballot question on March 28, 2001. The election would determine whether or not to issue $9 million of General Obligation Bond financing over a term of 20 years for the $12.5 million Youth Sports Park project proposed to be constructed in the City.

Members of the community representing the Great Falls Baseball Foundation and Great Falls Soccer Foundations formed a joint steering committee to construct and operate a Youth Sports Park that would be owned by the City. The project would involve acquiring 74 acres of land on the east end of the city across from Loy School on 57th Street, and, constructing and equipping the following improvements to be known as the Youth Sports Park: A baseball stadium and field, clubhouse and concession facilities; at least ten soccer fields; an exhibition soccer grandstand; restrooms, dressing rooms; parking and maintenance facilities; and picnic facilities. The facilities would be owned by the City but operated and maintained through a lease by the Youth Sports Park organization. Funding the operations and the maintenance of the project would not be ongoing responsibilities of the City but would be paid from revenues collected from use of the facilities.

The project is estimated to cost $12.5 million. General Obligation Bond financing in the amount of $9 million for a 20 year term would be put to voter approval, using a mail ballot on March 28, 2001, if the City Commission approved this resolution. The remaining $3.5 million was proposed to be generated through donations. The Youth Sports Park committee asked for 36 months to raise the balance of funding needed for the project. Bonds would not be sold until all other necessary funding was raised.

The City Commission, following a work session held November 8, 2000, directed staff to review the proposal. The following was submitted for the Commission's information:

Staff and the project committee reviewed and refined operating forecasts for revenues and expenses. Projections reflect an operating loss for the first year of $11,144.65. The project does cash flow. The Great Falls Baseball Club agreed to assist with operating shortfalls for the first few years of operation if the need occurred.

  • The current contract with the Dodgers for minor league baseball was in year four of a ten-year contract. While there are no guarantees, this contract will be renewed. Minor league baseball attendance has grown 3-5% per year for the past 10 years.
  • Staff recommended the existing stadium and legion field continue to be used by Legion Baseball "B" teams. Staff did not recommend demolishing the existing stadium at the present time and believed it could offer acceptable service to legion level baseball teams for several years. Further, staff recommended the Park and Recreation Department assist the legion teams in helping with maintenance of the existing field. This would result in not incurring the costs of building a separate field for legion teams in phase one of the new park.
  • The time schedule was revised to allow for ballots to be due March 28, 2001.
  • Information on the project was presented at a public meeting held January 11, 2001. Additionally, members of the task force have made presentations to the Neighborhood Councils and service clubs throughout Great Falls.
  • In reviewing all aspects of the construction of these facilities, staff determined additional costs were needed to be added to take care of infrastructure improvements necessary to the project. The review increased the total project cost from $12 million to $12.5 million.

The estimated cost of the ballot election was $26,400. If the bond issues passed, this cost would be recoverable through the bond sale. If the election question failed the City would be responsible for sharing the cost equally with the Youth Sports Park Committee.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9138.

John Brutosky, 1618 11th Avenue South, asked what was going to happen to the old Legion Park stadium? Why should the City pay one-half the cost of the election if the bond issue failed? Why would the City contract with another organization to operate the facility? And who would be responsible if the facility operated with a deficit? Mr. Brutosky asked that the Commission vote against submitting this issue to the voters.

Bob James, 322 Fox Drive, provided responses to the questions asked by Mr. Brutosky. He explained that the City would determine the fate of the current Legion stadium and that he was told the City would not demolish it and allow the legion teams to use it. Regarding the question of why should the taxpayers (through the City) pay one-half the cost of the election if the bond issue failed, Mr. James explained that, in his opinion, one of the responsibilities of government was to respond to requests of the public. In this case, a large group of people asked the Commission to allow the community to decide on a bond issue. In order to respond to that request, the costs of an election must be incurred, either from the proceeds of the bond or from the City's general fund, depending on the outcome of the election. Regarding the question of why should the City contract with a group to operate the new facility, Mr. James stated that this has been a formula which has worked in the past and the group proposed that it continue. Finally, Mr. James responded to the question of who was going to pay if the facility operated in a deficit. He stated that there was a risk to all business ventures and there certainly was a risk to this one. However, besides the fact that many business people have reviewed the business plan and concurred that it was a sound one, the group had a successful history of operating Legion Park.

There being no one further to address the Commission, Mayor Gray asked for Commission discussion.

Commissioner Jovick-Kuntz asked when the group was going to have their survey conducted and if the City Commission and City staff would have an opportunity to have input in the questions.

Bob James explained that the Youth Sports Park group would welcome any input into the survey questions that Staff and the Commission would be willing to provide.

Commissioner Beecher stated that the action tonight was to ask the County to conduct a mail ballot election on a $9 million general obligation issue. State law specifies that the County conduct that election 70 days after they receive the formal request from the City. During that 70 days, the City Commission may withdraw the request if it appeared the public did not support the issuance.

Commissioner Hinz asked City Controller Coleen Balzarini to explain the impact this general obligation bond will have on the City's capacity to incur debt. Mrs. Balzarini explained that the City has a bonding capacity of approximately $19 million. Within that limitation, the City may only bond for cultural or recreational activities for approximately $11 million. She added that this $9 million general obligation bond would represent approximately 45% of the City's general obligation bonding capacity.

Commissioner Rosenbaum stated that if these bonds were issued, it would limit other projects. However, there were stop-gap procedures in place during the next 70 days in the event it becomes known the public does not support this project.

Mayor Gray stated he understood the concern that the Commission was putting a lot of the City's bonding capacity on the line. He advised the promoters of this project to answer the questions raised and reminded them that they must convince the people of Great Falls that this was a project worth supporting and that the risk associated with the continued operation of the facility was small.

There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

6.
Minutes, January 2, 2001, Commission meeting.
7.
Total Expenditures of $1,669,111 for the period of December 21, 2000 through January 3, 2001, to include claims over $500, in the amount of $1,466,639.
8.
9.
Set public hearing for February 20, 2001, Resolution 9135, pertaining to Utility Rates.
10.
Set public hearing for February 20, 2001, regarding the proposed use of Law Enforcement Block Grant as well as make appointments to an ad hoc committee to review the recommended uses of the block grant.
11.
Response, Audit Management Letter and Findings and Recommendations, FY 1999/2000. Approved the responses to the Audit Management Letter findings and recommendations as presented.
12.
Agreement, Financial Advisor (OF 1310). Approved the proposal and agreement with DA Davidson as the Youth Sports Park financial advisor for debt issuance.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission approve the Consent Agenda as printed.

Motion carried 5-0.

BOARDS & COMMISSIONS

13.
REAPPOINTMENTS, CIVIC CENTER ADVISORY BOARD.

The terms for Gary Zadick, Harold Nicholls, and Shelley Lighter expired on December 31, 2000 therefore it was necessary to make reappointments to this board. Harold Nicholls and Shelley Lighter were eligible and interested in reappointment. Mr. Zadick was not interested in reapppointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher, Hinz and Rosenbaum, that the City Commission reappoint Harold Nicholls and Shelley Lighter to the Civic Center Advisory Board to three-year terms beginning January 1, 2001 through December 31, 2003.

Motion carried 5-0.

CITY MANAGER

Legislative Update.
16.
City Manager John Lawton reported that the first of many hearings on the local government funding package have begun. The funding package could restructure local government financing.

CITY COMMISSION

Dog Ordinance.
17.
Mayor Gray stated that a gentleman by the name of John Wilson called and asked that the City consider an ordinance prohibiting dogs from riding in the back of pickup trucks. Mayor Gray explained that the City has explored such an ordinance and found that enforcement would be too difficult and believed a law such as that should begin at the State level.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of January 16, 2001, adjourned at 7:48 p.m.

/S/
Mayor Randy Gray

/S/
Peggy J. Bourne, City Clerk




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