PUBLIC HEARINGS

Ordinance 2816 rezones Lots 12-14, Block 266, GF 3rd Addition, from "B" Residence Use District to "C" Residence Use District. Subject property is located at the northeast corner of the intersection of 2nd Avenue North and 17th Street North with the lots addressed as 1701 -- 1709 2nd Avenue North.

Resolution 9201 grants a conditional use permit to allow the existing building on subject Lot 14 to be converted to an office and the southerly portions of subject Lots 12 and 13 to be used as a parking lot. The accompanying Agreement contains terms and conditions associated with granting the conditional use.

The Conditional Use Permit Agreement states that:

1. Adherence to Site Plan

   Purchaser hereby agrees to develop said Lots 12 - 14 in accordance with the Site Plan attached hereto as Exhibit "A" and by this reference made a part hereof and applicable City Codes, and the terms and conditions contained in this Agreement.

2. Final Landscape Plan Approval

   Purchaser hereby agrees to obtain, prior to initiating construction of the parking lot improvements upon said Lots 12 and 13, approval of the final project landscape plan through joint review by the City Community Development Department, the City Forester and the staff of the Great Falls City-County Planning Board. Purchaser further agrees to install and maintain said landscaping in accordance with said final landscape plan.

3. City Acceptance

   City hereby agrees to approve:

   1. Ordinance No. 2816 rezoning Lots 12 - 14, Block 266, Third Addition to Great Falls Townsite, from "B" Residence Use District to "C" Residence use District with permitted uses on said Lot 14 limited to those in "B" Residence Use District and an office building and permitted uses on said Lots 12 and 13 limited to those in "B" Residence Use District and a parking lot granted through the conditional use process; and,
   2. Resolution No. 9201 granting a conditional use to allow the existing structure on said Lot 14 to be converted to an office and the southerly portions of said Lots 12 and 13 to be used as a parking lot to serve said office.

4. Time Commitment

   Purchaser hereby agrees to complete the parking lot improvements and fulfill the improvement obligations referenced in Paragraphs 1 and 2 herein within one (1) year of the date of this Agreement.

5. Binding Effect

   The provisions, covenants and terms of this Agreement shall be placed of record in the records of Cascade County, Montana, shall run with the land and shall be binding upon all devisees, heirs, successors and assigns of the signatories affixed hereto.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2816.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9201.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the terms and conditions of the Conditional Use Permit.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

This amendment eliminates the requirement for Sign Contractor, Electrical licensing. All other enforcement measures including journeyman licensing were being retained. It has been over a year since the City received complaints concerning deficiencies with this portion of the sign code and lack of enforcement. This led to a rewrite of the sign code to its current edition. It was the intent of the original committee to create a master license as well as a journeyman license. Ultimately, the testing agency could not meet the needs for the master category. In addition to this City Staff cosponsored an engineering document locally, which satisfies structural concerns. Staff has also increased enforcement and inspections. These conditions, coupled with the fact that Staff does not wish to extinguish any legitimate business within our community, have lead to the decision to eliminate the Sign Contractor, Electrical requirement from the ordinance. Staff concurs that the concerns of the original complaint have been addressed and are achieving compliance for the protection of the public without this requirement.

Mayor Gray opened the public hearing.

There being no one to speak for or against Ordinance 2817, Mayor Gray called for a motion.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2817.

Motion carried 5-0.
 

The City Commission passed Ordinance 2810 on November 16, 2001, allowing the adoption of the latest codes, adopted by the State of Montana, by administrative action. As a follow-up to that action, further changes were required to the Official Codes of the City of Great Falls, which were editorial only and do not change any code provisions.

State law now allows local governments with code enforcement programs to adopt the most recent codes adopted by the State by administrative action. To do this, the local government must create an ordinance authorizing the adoption of a building code by administrative action containing at a minimum: (a) the type of codes which will be enforced; (b) the individual, identified by position title, who has the authority to sign the administrative action; and (c) whether the administrative action authority applies to discretionary provisions such as fee structures or the adoption of optional appendix chapters.

Past city commissions have questioned the necessity of holding public hearings on adopting ordinances for the latest codes, when in reality, they did not have a choice in the matter. The State agreed that it was a redundant process and has allowed, by administrative rule, that local governments may adopt the latest codes by administrative action.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2818 on first reading and set final reading for February 5, 2002.
 

Resolution 9202 assesses costs incurred by the City in removing nuisance weeds from private properties during 2001.

In accordance with the OCCGF 8.44.040, property owners were notified in writing of weed violations. Determinations of the existing violations were made by the City Weed Inspector. Re-inspections confirmed the weeds had not been removed and were subsequently cut by City crews. Property owners have been billed for the charges numerous times and payment has not been received.

During the spring and summer season of 2001, 314 notices of weed violations were mailed to individual property owners. After re-inspections and subsequent cutting by City crews, 21 property owners were billed for the costs associated with the removal of those weeds.

MCA 7-22-4101, authorizes the City Commission to levy the cost of removing nuisance weeds against the properties if payment is not made.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9202.

Motion carried 5-0.
 

Adoption of Resolution 9205 formally endorsed the High Plains Development and Port Authority as the Certified Community lead organization for Great Falls, which has been designated as a Montana Certified Community. Resolution 9205 further authorized High Plains Development and Port Authority to complete recertification requirements on behalf of the community.

The certification requirements are established by the Montana Certified Community Program in exchange for preferential information, referrals and other incentives from the Montana Department of Commerce. The Certification sunsets every three years. High Plains has had this designation since 1990.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9205.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

The terms of Kathy Rice and Michael J. Rearden expired on December 31, 2001, leaving two positions to be filled.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Ben Ives and JoAnne Hogan to the Regional Airport Authority for three year terms beginning January 15, 2002 and expiring December 31, 2004.

Motion carried 5-0.
 

Mr. Woodmansey's current term expired on December 31, 2001. It was recommended by the Conservation District that he be reappointed.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission reappoint Robert Woodmansey to the Cascade County Conservation District Board beginning January 15, 2002 and expiring December 31, 2004.

Motion carried: 5-0.
 

Terms for Marva Hoard and Doug Ormseth expired on December 31, 2001. Ms. Hoard and Mr. Ormseth served on the City-County Planning Board since 1996 and were not eligible for reappointment. Therefore, it was necessary for the City Commission to make appointments to this board. MCA 76-1-201 requires that appointments be designated as "citizen" or "official" members. Since the two expiring terms were "official" members, it was appropriate for the new members be designated as "official" members.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission appoint John R. Kelly and Bill Bronson to the City-County Planning Board for two-year terms as "official" members, beginning January 15, 2002 and expiring December 31, 2003.

Motion carried: 5-0.
 

Due to a resignation from the Advisory Commission on International Relationships, it was necessary to appoint a replacement member.

Rather than make the appointment to fill the remainder of the vacated position, this appointment was made for a full three-year term in an effort to stagger member's terms.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Robert Mease to the Advisory Commission on International Relationships for a three-year term beginning January 15, 2002 an ending December 31, 2004.

Motion carried: 5-0.
 

NEIGHBORHOOD COUNCILS

Ron Staley of Neighborhood Council 2 requested that a speed study, and accident evaluation be conducted on Central Avenue West on the 1000, 1100, 1400 blocks. Mr. Staley was concerned at the number of accidents that have occurred in that area.

Mayor Gray referred the request to Public Works Director, Jim Rearden. Jim Rearden said that he would pass the request on to the Montana Department of Transportation.
 

CITY COMMISSION

The City Charter states that "(t)he mayor pro tempore shall serve in the absence of the elected mayor. The city commissioners shall elect from among themselves a mayor pro tempore no later than one month after taking office. The mayor pro tempore shall serve a term of two years, or until the city commission has held an election. Any vacancy in this office shall be filled by a special election among the remaining city commissioners. Any person elected to fill such a vacancy shall serve the remaining portion of the term which the vacancy occurred." Bill Beecher of the City Commission, was appointed Mayor Pro-Tempore for a two year term.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Commissioner Bill Beecher to serve as Mayor Pro-Tempore for a two year term.

Motion carried: 5-0.
 

ADJOURNMENT