JOURNAL OF COMMISSION PROCEEDINGS
January 2, 2002

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 Community Development, Library, Acting Fire Chief, Park and Recreation, Public Works, Fiscal Services, State Fair, Police Chief, Acting Director of Planning, and the City Clerk.

SWEARING IN: Mayor Gray swore in the Neighborhood Council members and Commissioners Beecher and Rosenbaum. Mayor pro-tempore Beecher swore in Mayor Gray.

RECOGNITION: Mayor Gray read a letter of congratulations to Jim Heckel for receiving the first ever Mountain Plains Library Association Intellectual Freedom Award which is an award in recognition of outstanding contributions to the enhancement of First Amendment Rights. He was also recognized for receiving the first Pat Williams Intellectual Freedom Award given by the Montana Library Association and for being recognized by the American Library Association Freedom to Read Foundation.

PUBLIC HEARINGS

Res. 9200, Golf Fees. Adopted.
1.
RESOLUTION 9200, GOLF FEES.

As of June 30, 2001, the City was not in compliance with the revenue bond coverage in the Golf Course Fund. This covenant requires net Revenue (Gross Revenue less operating expenses, depreciation expense, and interest expense) to be at least equal to 140% of the principle and interest on the 1998 and 1999 Revenue Bonds. A decrease in membership sales and the number of rounds played due to the renovation at Eagle Falls were primary contributors to the City not meeting the required coverage.

As a result, the City was required to review rates and prepare a schedule of altered rates and charges to meet the covenant in FY 2002 and future fiscal years. The proposed increase in user fees in conjunction with a reduction in operating expenses would allow the City to meet required coverage as well as providing for operating expenses, capital outlay and debt service.

The previous golf fee increase was prior to the 1999 season. The proposed fees follow the fee schedule developed in 1999, however it was necessary to accelerate the rates to the level recommended for the 2003 season to meet projected expenditures.

The proposed fees were approved by the Golf Advisory Board on November 26, 2001. The Park and Recreation Board, at its December 10, 2001 meeting, approved the fees and recommended approval by the City Commission.

Mayor Gray declared the public hearing open. The following spoke in support of Resolution 9200.

Lance Olson, 3508 5th Avenue North, member of the Golf Advisory Board, stated that he was proud of the Eagle Falls Golf Club however, he was not proud of the quality of the construction project installing the improvements. He suggested the increase in fees would be more palatable if the Park and Recreation staff would make sure there were a few amenities on the golf course such as ball washers, the greens mowed every day, the course open as often as possible, and the cart paths paved. He added that if these suggestions were not feasible due to union contract issues, to negotiate a separate contract for golf course employees.

Barry Newmak, 1023 4th Avenue North, stated he has purchased season passes at Eagle Falls Golf Club for many years and he wanted the increased fees to go toward the betterment of the golf course. He added that the City needed to stand behind their promises. He reminded the City Commission that the golfers were told 18 holes would be rebuilt - however only 14 have been and the fees needed to be raised to pay for those. He also expressed concern about how the cart storage units were arranged making it impossible to remove carts during the winter months.

Mr. McPherson, 126 18th Street SW, spoke in opposition to the proposed resolution. He stated that while he respects Mr. Sepich and had no axes to grind, he felt the fees were higher than they should be. He reminded the City Commission that players who purchased the full season pass last year only had 9 holes to play, not 18. He concluded that other golf courses in the areas were less expensive.

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

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9200.

Commissioner Beecher appreciated the comments made and agreed that the City had not lived up to their promises regarding the rebuild of Eagle Falls Golf Cub. He vowed, however, that the Commission was aware of the issues and would work to eliminate them.

Commissioner Hinz asked if the fee schedule was designed to meet debt service or were there funds included for capital improvements. Park and Recreation Director Jerry Sepich stated the proposed fees were intended to meet bond covenants. However, there were some funds added for some capital improvement projects.

Commissioner Jovick-Kuntz asked if the fees were proposed to increase again next year. Mr. Sepich stated that the fees were intended to be in place for two years provided that the bond covenants were met.

Commissioner Rosenbaum stated that the Commission made a pledge to watch the progress of the golf course project.

Commissioner Hinz added that customer service at the golf courses would improve.

Mayor Gray concurred with the comments made by the Commission. There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
 

OLD BUSINESS

Broadwater Bay Business Park, B13 L3 Purchase. Approved.
2.
PURCHASE LAND & IMPROVEMENTS, L3, B13, BROADWATER BAY BUSINESS PARK

The Yaw-Kinney property is one of two privately owned parcels located between the Civic Center and Mitchell Pool. Both parcels are being utilized for light industrial purposes which are inconsistent with the surrounding land uses and will become even more incompatible as the community continues to connect the downtown with the Missouri River with a combination of public and private section developments. Although the City was not aggressively pursuing the purchase of either parcel, the opportunity came about as a result of the owner contacting staff because he was going to list the property for sale. It was staff’s opinion that the property would eventually be needed to compliment both the Convention Center and Mitchell Pool operations at some point in the near future and it will probably be less expensive to purchase it now rather than at some point after it has changed hands one or more times.

Staff began negotiations at $325,000, based on an appraisal obtained by the owner, and was successful in reaching an agreement for a price of $250,000 with no earnest money down and a closing date of approximately February 1, 2002. The Tax Increment Account has a sufficient uncommitted fund balance to accommodate the purchase of this property. Staff obtained a copy of the Phase I Environmental Review, which indicates no contamination on the property. Additional appraisal information is also being provided.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the purchase of Lot 3, Block 13, Broadwater Bay Business Park, from Yaw-Kinney Company for $250,000 and authorize the City Manager and staff to execute the necessary documents.

Commissioner Beecher asked what Staff intended to do with the property. Community Development Director Mike Rattray indicated a decision had not been made as to what to do with the property, only that staff anticipated that at some point, the property would be needed as use of the Electric City Water Park and the Civic Center increased.

There being no further discussion, Mayor Gray called for the vote. Motion carried 4-1 (Commissioner Jovick-Kuntz dissenting).
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ord. 2812 Amending OCCGF 17.84. Adopted.
3.
ORDINANCE 2812, AMENDING OCCGF 17.84 FLOODPLAIN DISTRICTS

A recent FEMA letter informed staff of the completed FIRM and FIS and stated that the two documents were effective February 15, 2002. The FEMA letter added that prior to the effective date, the City was required to adopt or show evidence of adoption of the revised FIRM and FIS. The changes proposed in Ordinance 2812 would fulfill the requirement.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2812.

Motion carried 5-0.
 

Ord. 2817, Amending OCCGF 15.11.040 and 050. Set public hearing.
4.
ORDINANCE 2817, AMENDING OCCGF PERTAINING TO THE SIGN CODE, TITLE 15, CHAPTER 11, SECTIONS 040 AND 050.

The proposed amendment in Ordinance 2817, will eliminate the requirement for Sign Contractor, Electrical licensing. All other enforcement measures including journeyman licensing are being retained.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2817 on first reading and set the public hearing for January 15, 2002.

Motion carried 5-0.
 

Consent Agenda
Approved as printed.

CONSENT AGENDA

5.
6.
Total Expenditures of $1,267,372 for the period of November 21 through December 19, 2001, to include claims over $500, in the amount of $1,041,120. [ Staff Report 6 ]
7.
Contracts list. [ Staff Report 7 ]
8.
Approved the CDBG Policies and 2002 funding policies. [ Staff Report 8 ]

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Variance, NRT B14 L3. Approved.
9.
VARIANCE, 201 RIVERVIEW PLACE, LOT 3, BLOCK 14, NORTH RIVERVIEW TERRACE.

Tim Parcel, owner of the property located at 201 Riverview Place, requested a variance to OCCGF 17.45.030 and Section 17.57.010. Mr. Parcel wanted to build a new attached garage and an addition to the front of the house. The variance would allow the side setback for a garage to be located less than 40 feet from the front lot line to 2 feet instead of the required 6 feet and would reduce the front setback for the house from the required 30 feet to 22 feet.

A review of the historical variance file found numerous side setback variances allowing garages to within 2 feet of a side lot line and several front setback variances allowing home additions closer than 22 feet to the front lot line.

The Board of Adjustment heard the request on Thursday, December 20, 2001. Staff reviewed the application and noted the existing variances and mentioned they received a phone call from the property owner at 109 Riverview Place who opposed the variance. Following a brief discussion, the Board voted unanimously to recommend that the City Commission approve the variance.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the variance as recommended by the Board of Adjustment.

Motion carried 5-0.
 

Housing Authority Board. Appoint Anderson.
10.
APPOINTMENT, GREAT FALLS HOUSING AUTHORITY BOARD.

Mary Francis Fitzpatrick resigned from the Housing Authority Board as a tenant commissioner; therefore, it was necessary to appoint one new tenant member. The Great Falls Housing Authority Board consists of seven commissioners appointed by the City Commission. Two commissioners must be residents of the Housing Authority properties.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Albert Anderson as a member of the Great Falls Housing Authority for a two-year term through May 31, 2004.

Motion carried 5-0.
 

Park and Recreation Board. Appoint Mark.
11.
APPOINTMENT, PARK AND RECREATION BOARD.

Veronica Hall was appointed to the Park and Recreation Board on March 20, 2001. Ms. Hall was removed from the Park and Recreation Board as per the guidelines outlined in Ordinance 2793, establishing attendance requirements at Board meetings therefore it was necessary to appoint someone to fulfill the remainder of her term.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the Commission appoint Charles Mark to the Park and Recreation Board to fill the remainder of the three-year term vacated by Veronica Hall, expiring December 31, 2003.

Motion carried 5-0.
 

Sign Code Committee. Appoint Wight.
12.
APPOINTMENT, SIGN CODE COMMITTEE.

The City Commission received the resignation of Dave Pierce from the committee appointed to review the City's Sign Code. Mr. Pierce was appointed as a business representative. The other applications received for this committee included: Bob Wight, Dennis Storrusten, Jim Pannell and Dan Dust from the sign industry; George Gallagher, a county resident, and Jerry Noble, who passed away last week.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission appoint Bob Wight to serve on the Sign Review Committee replacing Dave Pierce who resigned.

Motion carried 5-0.
 

PETITIONS AND COMMUNICATIONS

Citizen Request.
17.
Clayton M. Braden, 2708 4th Avenue NW, asked the City Commission to state the name and occupation of people they appoint to boards and commissions.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of January 2, 2002, adjourned at 7:58 p.m. to Executive Session at the request of City Manager John Lawton to discuss litigation strategy regarding the current litigation issues pending in Court and before the Board of Personnel Appeals and pursuant to MCA 2-3-202.


/S/
Randall H. Gray, Mayor

/S/
Peggy J. Bourne, City Clerk


* Non-text and electronically unavailable attachments are on file in the City Clerk's Office


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