JOURNAL OF COMMISSION PROCEEDINGS
April 17, 2001

Regular City Commission Meeting Mayor 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 Library, Community Development, Public Works, Budget/MIS, State Fair, Police Chief, Park and Recreation, Fire Chief, Acting Director of Planning, and the City Clerk.

INTRODUCTIONS: Mayor Gray introduced the delegation from Naryn Kyrgyzstan.

PROCLAMATIONS: Mayor Gray proclaimed:

The week of April 16 - 22, 2001 as Community Development Week;

April 27, 2001, as Arbor Day;

The week of April 15 - 22, 2001, as Days of Remembrance for survivors and victims of the holocaust.

PUBLIC HEARINGS

CDBG & HOME proposed consolidated plan and proposed use of 2001/2002 funds. Conducted the public hearing.
Proposed use of 2001/2002 funds
1.
CDBG & HOME PROPOSED CONSOLIDATED PLAN AND PROPOSED USE OF 2001/2002 FUNDS.

HUD regulations require one public hearing on the Proposed Consolidated Plan which includes the use of 2001/2002 CDBG and HOME funds. The public was encouraged to comment on the City's overall Community Development Block Grant & HOME program performance and policies.

Mayor Gray declared the public hearing open. Those speaking in support of the proposed Consolidated Plan were as follows: Calvin More, Executive Director at St. Thomas, and Kristina Shield, member of the West Elementary PTA. No one spoke in opposition to the Proposed Plan. There being no one further to address the City Commission, Mayor Gray asked the direction of the Commission.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission close the public hearing and schedule action on the Final Consolidated Plan for May 1, 2001.

Motion carried 5-0.

Res. 9144, Cost Recovery GF Townsite, B473, L10. Adopted.
2.
RESOLUTION 9144, COST RECOVERY, GF TOWNSITE, B473, L10.

On September 6, 2000, the Community Development Department received a complaint concerning the condition of a garage structure located at 617 7th Avenue South. An inspection was conducted and the following was noted: The building or structure was in such condition as to constitute a public nuisance; there was structural damage to roof; the structure was not secure; and there was an inadequate foundation.

An ownership report was ordered which showed Orlando Parsons as the legal owner. On September 11, 2000, a certified letter was mailed to Orlando Parsons advising him that he would need to apply for a permit to either repair or raze the structure. A permit was taken out on November 16, 2000, to raze the structure. On December 18, 2000, Ron Parsons, son of the owner, called and asked for a two week extension, it was granted with the condition that he contact the City if he could not finish during this extension. Staff inspected the property on January 22, 2001, and noted nothing had been done. The property was inspected again January 29, 2001, and noted the garage had been knocked down but all the material was left in place.

Bids were received January 31, 2001 to have all material and concrete slab removed from property. The low bid of $888.00 was awarded to Wayne Riley Construction. On February 22, 2001, cleanup was started. It was completed and approved by staff on March 2, 2001.

Slab and material removal by Wayne Riley Construction $888
Administrative Fee $200
Publishing - Legal Ad (Notice of Public Hearing ) $ 25
Recording Fees $ 12
TOTAL COSTS INCURRED $1125

Mayor Gray declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 9144. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9144.

Motion carried 5-0.

Res. 9150, Swimming Pool Fees. Adopted.
3.
RESOLUTION 9150, SWIMMING POOL FEES.

With the construction of the Electric City Wave water attraction at Mitchell Pool, fees and charges for this new facility needed to be set. The proposed fees were based on the financial projections necessary to meet the operational costs and debt service on the Electric City Wave.

The proposed fees in Resolution 9150 were associated with the Mitchell Pool and the Electric City Wave. The Resolution did not change any other aquatic facility fee/charges with the exception of adding a private rental fee at the neighborhood pools if an inflatable island was requested.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 9150. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz explained she was concerned about increasing the fee for Mitchell Pool and the water slide. However, due to the increasing utility fees, in her opinion, the new fees were justified.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9150.

Motion carried 5-0.

Res. 9152, amending Res. 7451 and 9036 regarding the creation of the Airport Authority. Adopted.
4.
RESOLUTION 9152, A JOINT RESOLUTION AMENDING RESOLUTION 7451 AND 9036 CREATING THE GREAT FALLS INTERNATIONAL AIRPORT AUTHORITY.

MCA 67-111-103(4) requires that a public hearing be conducted on resolutions regarding regional airport authorities. The City Commission is asked to conduct a public hearing on Resolution 9152 which, if adopted, would amend Joint Resolution 7541/80-1 which created the Great Falls International Airport Authority. The new language to be added grants the Airport Authority the necessary autonomy to qualify as a sponsor under rules of the Federal Aviation Administration.

Mayor Gray declared the public hearing open. No one appeared to speak in support of Resolution 9152. Herb Soboczek, 121 11th Street, stated that while the Cascade County Board of Commissioners also adopted this joint resolution, the minutes of that meeting inadvertently left that action out. There being no further comment, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9152.

Motion carried 5-0.

Ord. 2782, OCCGF 15.11 Amendments. Adopted.
5.
ORDINANCE 2782, AMENDING OCCGF TITLE 15, CHAPTER 11, PERTAINING TO BILLBOARDS.

These proposed changes were produced through the hard work of a panel composed of state, city and city/county officials, sign industry representatives, individuals from the real estate and architectural professions, and a Conservation Council member. The group recognized that billboards are a necessary and appropriate advertising medium, and that there are acceptable and viable locations for billboards within the community. Working from these convictions, the panel fashioned substantive changes that will enable city officials to effectively manage and control, among other things, the construction and placement of billboard signs in the community. The committee also reviewed and refined code sections pertaining to billboard sign size, height, location, installation, appearance, and maintenance standards. Furthermore, the panel went on to establish scenic and entryway corridors where new billboard signs are not permitted. As a consequence of the revisions, many previously conforming signs are now nonconforming because of size, height, location, etc., or a combination thereof. These nonconforming signs will be allowed to remain in place, but in no case can they be repaired or maintained to a degree resulting in the substantial upgrading or replacement of the structural support of the billboard.

Mayor Gray declared the public hearing open. Those speaking in support of the proposed ordinance were as follows: John Koslosky, High Plains Economic and Port Authority; Bill Himmelberg, owner of McDonald's Restaurants; Rick Evans, Chamber of Commerce; Kevin Devine, Devine Brothers; Paul Dennehy, Lamar Advertising; Chuck Fulcher, Loadstone Advertising; Ryan Smith, Ad Hoc committee member; Dan Dust, Big Sky Sign Service; and Jeff Farrington, 3441 5th Avenue South.

Those speaking in opposition to the Ordinance were as follows:

Jenny Yoneji, 516 Fox Ct; Russ Kendall, 2801 Bonita Drive; Christian Madson, 305 3rd Avenue North (committee member); Ashby Bruchard, 3226 5th Avenue North; George Gallagher, 4701 Williowdale Lane; Todd Russell, 3919 14th Avenue South; Stuart Lewin, 615 3rd Avenue North; and Jane Kenczka, 2801 Bonita.

Many people opposing the ordinance stated that the ordinance did not do enough to improve the image of Great Falls and asked that the Commission consider amending the entire sign code.

There being no one further to address the Commission, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2782.

Commissioner Beecher stated that this ordinance represented a victory for those who were concerned about the overgrowth of billboards in our city. He added that while the entire sign code needed reviewing, this ordinance was a common sense approach to get a handle on sign problems in Great Falls by curing billboard blight.

Commissioner Rosenbaum concurred. He added that the Ordinance may not be enough for some people but it did protect the scenic corridors in the community and it didn't preclude the revision of the entire sign code.

Commissioner Jovick-Kuntz stated while she had mixed feelings about the ordinance she was grateful to the Ad Hoc Committee for all their time and effort in drafting it. She did not think that billboards would ever be completely banished. However, the ordinance could have been stronger thus making more of a impact in the City. She concurred with the recommendation to review the entire sign code.

Commissioner Hinz asked if sunset limits were put on the non-conforming signs how would the sign industry be compensated? Community Development Director Mike Rattray replied that in some form or another the taxpayers would pay for them. Jenny Yonegi stated that the City could use highway enhancement funds to offset the costs of buying out the billboards. Jim Pannell responded stating that the State of Montana would not allow highway enhancement funds to be used that way.

Commissioner Hinz stated she was reluctant to make a decision on the Ordinance tonight.

Mayor Gray thanked the Ad Hoc Committee for all their work. He explained that the one year moratorium could not continue and that it was incumbent upon the Commission to make a decision soon. He said that in his opinion, the billboard issue was an "eye of the beholder" issue. He added that he was not personally offended by billboards. Mayor Gray stated that the cost to amortize or get rid of billboards in this community was too costly and complex in light of the fact there were other bigger issues that needed attention. He provided the use of methamphetamine in our community as an example of a life-threatening issue deserving the Commission's attention. He asked Staff to develop a process and begin working on revising the entire sign code.

There being no further discussion, Mayor Gray called for the vote. Motion carried 3-2 (Commissioners Hinz and Jovick-Kuntz dissenting).

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9145, Community Livability Award. Adopted.
6.
JOINT RESOLUTION 9145, 2000 COMMUNITY LIVABILITY AWARD RECIPIENT.

The Charles Russell Museum leadership through long-term planning and commitment to meeting the needs of our cultural climate, completed a significant project to remodel the Museum. The project added more than 30,000 square feet to the building and included a grand entrance with a glass façade, two canopied entrances, pyramid roof and a heroic size statute of Charles Russell. Additionally, the Museum staff, with the help of many volunteers, raised more than $5.7 million and received a $450,000 Kresge Foundation Grant to fund this impressive cultural addition to our community.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9145.

Motion carried 5-0.

Res. 9154, Montana State Fair Fees. Adopted.
7.
RESOLUTION 9154, MONTANA STATE FAIR FEES.

Fair staff presented Resolution 9154 for the Commission's consideration. Outside gate admission fees were proposed as the same as in 2000. The proposed fees were base rates and were the highest amounts patrons will pay. Sponsor discounts such as $1 off daily gate admission and other promotions would be available.

The proposed fees for the night show package increased due to increasingly high fees for artists. The package includes five concerts and one night of PRCA Rodeo which equates to $5.41 per night of entertainment for general admission tickets purchased prior to June 15. Again this year a single ticket will be offered; staff proposed $22 for the single tickets. The single ticket would be available on the night of the show only, providing tickets were still available. Staff was still working on booking a rock concert, which would be sold on a separate ticket. (A range of $21-32 was proposed, depending on the act.) This ticket would also include outside gate admission.

PRCA Rodeo and Demolition Derby tickets were proposed to remain the same as 2000. All night show, rodeo and demolition derby tickets would also include an additional fifty cents levied for the computerized ticketing system.

Staff also proposed an increase in year-round trailer parking fees: $17/day for full hookups, $15/day for power only, $10/day for no hookups, $300/month for full hookups and $250/month for power only. Trailer parking is provided during the annual State Fair for the carnival, commercial exhibitors, concessionaires, and livestock, 4-H and competitive exhibitors. The same rates also apply year- round. Year-round trailer parking is provided for large groups or people associated with an event being conducted on the Fairgrounds.

The Montana State Fair Advisory Board unanimously approved the proposed fees at their regular meeting on April 16, 2001.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9154.

Herb Soboczek, 121 11th Street, asked why the gate admissions were down during last year's fair. Patty Gumenberg, State Fair Manager, explained what while there are a number of reasons the attendance was not as strong as in previous years, the one that appeared to be the strongest pertained to the incredibly hot weather Great Falls experienced during the week of the Fair.

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

Ord. 2798, Amending OCCGF 12.24 to change the name of two streets. Adopted.
8.
ORDINANCE 2798, AMENDING OCCGF 12.24 TO CHANGE THE NAME OF TWO STREETS.

Inconsistencies in enumeration and having street names that are unacceptable in today's data standards put Parkdale at the top of the City's priority list for enumeration re-alignment and street identification review. The local Postal Service, local government 911 committee, City/County Planning Department and the Housing Authority worked cooperatively in re-aligning the entire address scheme and establishing acceptable street name identifications for the Parkdale housing area.

To achieve the result needed by the Postal Service and Enhanced 911 in these re-alignment efforts it was necessary to re-name the road network within the Parkdale area to totally eliminate areas that were creating problems for technical and automated services the City provides. The two streets in the Parkdale area to be renamed were:

½ Avenue South changed to Valeria Way.
Reason: Half-numbers cannot be read with new geo-coding and automated services.

Parkdale changed to Chowen Springs Loop.
Reason: The Housing Authority wanted Parkdale eliminated as a road name.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2798.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

9.
10.
Total Expenditures of $742,468 for the period of March 28 - April 4, 2001, to include claims over $500, in the amount of $695,177. [ Staff Report 10 ]
11.
Awarded Contract for the Central Avenue and 3rd Avenue North Water Main Replacements (OF 1277) project to Volk Sand & Gravel in the amount of $476,150. [ Staff Report 11 ]
12.
Awarded Contract for the Broadwater Overlook Park Improvements (OF 1029.7) project to Montana Lines, Inc., in the amount of $216,476.50. [ Staff Report 12 ]
13.
Rejected all bids for the Microwave Video Pole Cam System. [ Staff Report 13 ]

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

Advisory Commission on International Relationships (ACIR). Appointments.
14.
APPOINTMENTS, 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 that 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, the Advisory Commission on International Relationships was created by Ordinance 2788 on November 8, 2000. The Commission provides support, coordination, and exchange of information for international programs in the community. The Commission will consist of five to seven members.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Robert Dewald, Robert Harris, Ryan Miller, Carol Mungas, Virginia Niebuhr, and Michael Myers to the Advisory Commission on International Relationships for three-year terms beginning April 17, 2001, and ending December 31, 2003.

Motion carried 5-0.

Christmas decorations in the downtown area.
15.

Under Miscellaneous Reports and Announcements for Boards and Commissions, Bill Ferrin requested the City Commission financially assist the Downtown Business Association with the storage and installation of the Christmas decorations in the downtown area.

He presented the Commission with a cost breakdown for this project. Mayor Gray asked Mr. Ferrin if it would be acceptable for the City to contribute in-kind service rather than cash. Mr. Ferrin stated that any assistance would be appreciated.

CITY MANAGER

16.
City Manager John Lawton, and the entire City staff, wished Mayor Gray a happy 50th birthday.

PETITIONS AND COMMUNICATIONS

Street Repair.
19A.
Herb Soboczek, 121 11th Street, pointed out several streets that needed repair. He also suggested the City put a moratorium on any annexations until the City could take care of the property already in the city.
Motor Sports Complex.
19B.
Ken Krause, submitted a list of people who supported the development of a motor sports complex.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of April 17, 2001, adjourned at 9:28 p.m.

/S/
Randall H. Gray, Mayor

/S/
Peggy J. Bourne, City Clerk



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