PUBLIC HEARINGS

Staff determined the need for increases in the rates charged for water, sewer, and storm drain. The increases were necessary to meet existing bond covenants, provide funding for necessary capital improvements, and to maintain the level of service provided to the users.

On February 19, 2002, Staff made a presentation to the City Commission demonstrating the need for the rate increases, as well as the effect on the public. The increases proposed were designed to raise revenues as follows: 2.5% in water, 8.1% in sewer, and 10% in storm drain.

Mayor Gray declared the public hearing open. Clayton Braden, 2708 4th Avenue NW, spoke in opposition to the proposed rates. His opposition pertained to charging citizens a storm drain fee even if they didn't receive storm drainage service due to the location of their property. He stated he was specifically referring to residences near the Sun River. Public Works Director Jim Rearden explained that the fees were based on land usage. He added that the storm drain rates were amended at one point to take into consideration those properties near the Sun River or in the Westside Flood District.

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 9207.

Motion carried 5-0.
 

Staff recommended the City Commission conduct a public hearing on Resolution 9217, which would enable the Community Development staff to hire a contractor and abate an ongoing nuisance at 1500 12 Avenue South. Title 8 in the Official Codes of the City of Great Falls outlines the procedure to abate a nuisance within the City.

City Staff initially received a complaint on July 6, 2001, where the property was inspected on that same day. It was noted that a roofing project was in progress and the owner was granted a 15 day extension to complete the project. On July 27, 2001, the property was reinspected and Staff noted that while the roofing project was complete, the property did not meet City code requirements. A letter was sent to the property owner giving him a 30-day time period to bring the property into compliance. On September 30, 2001, a extension was granted. On October 30, 2001, a second extension was required. On November 1, 2001, Mr. Wagner was cited into Municipal Court and was found guilty on January 23, 2002. He was fined $265 and a 180 days in jail with 150 days suspended. The judge also ordered him to clean up his property within 2 weeks. On February 8, 2002, pictures of the property were taken by Staff which demonstrated that the property was not in compliance with City code. A certified letter was sent to Mr. Wagner explaining that the property did not meet City code and that Nuisance Abatement procedures were initiated.

Mayor Gray declared the public hearing open. Mr. Robert Wagner, 1500 12th Avenue South, spoke in opposition to the Resolution. He requested the City Commission give him additional time to clean up the property. He expressed that he has been trying to get the property cleaned up and was not ignoring the City's request to abate the nuisance. However, due to limited funds, he could only do so much at a time.

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

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9217.

Motion carried 4-1 (Commissioner Hinz dissenting)
 

Over the years, the application of state statute allowing the City to remove abandoned vehicles found stationary on streets for five or more days has proven cumbersome and inefficient. Further, the City lacked authority to enter upon private property and remove and dispose of abandoned and/or junk vehicles under the abandoned vehicle law. Staff proposed the adoption of Ordinance 2819 which would establish a procedure to remove and dispose of abandoned and junk vehicles from public and private property within the City limits. The cost of removal and disposition would be a personal obligation of the responsible party and also constituted a special assessment in lien against the responsible parties real property.

Mayor Gray declared the public hearing open. Those speaking in support were: Mary Lucas, 1020 3rd Avenue North, Mike Witsoe, 510 5th Street South, and Kevin Aguiar, 726 4th Avenue South. All agreed that junk and abandoned vehicles were a problem in this community that needed to be resolved.

Those speaking in opposition were as follows:

Clayton M. Braden, 2708 4th Avenue NW, who stated the ordinance was written to assist car dealers. He explained that he interpreted the ordinance to mean that if a car was broken down, the City would tow it thus requiring the owner to buy a new vehicle. Mr. Braden also expressed concern about the description of the word "machine" in the Ordinance and the fact that the notice provision provided for calendar days rather than business days.

George Holm, 1323 6th Avenue South, asked if the County would pick up the junk vehicles in town since part of the vehicle licensing fee includes a "junk vehicle" tax. Community Development Director Mike Rattray stated the County would, however, they require a release to be signed. He added that owners of junk and abandoned vehicles typically refuse to sign the release.

Greg Kecskes, 1204 1st Avenue South, explained that the 4th Amendment to the United States Constitution protected citizens from illegal search and seizure. He stated that he felt this Ordinance would violate the 4th Amendment by giving police officers access to private property. He added that in his opinion, the Ordinance was not well written and had too many holes in it. He reminded the City Commission that they took an oath to protect the Constitution of the United States and in order to live up to that oath, they should deny the Ordinance.

John Sturgeon, 121 2nd Street NW, concurred with the previous speakers.

Guy Boucher, 722 5th Avenue South, stated that the rights of the citizens were being violated and that the Commission was taking a chance by adopting a law that was different from State law.

Lamonte Sorenson, 2100 6th Avenue North, did not like the definitions listed in the ordinance. He stated that while someone was on vacation, their car could be ticketed and towed as being abandoned because of the notice provisions stipulated in the Ordinance. He explained that 5 calendar days could become an issue.

Jim Clark, 3404 1st Avenue North, stated he thought the time-line was too short and didn't give people adequate time to respond to a complaint. He stated that he didn't license some of his equipment every year based on its anticipated use. This ordinance would prohibit him from parking his boat on the street without a current license. He stated he was also concerned about the provision for the police to come onto private property.

Mike Shannon, 3116 3rd Avenue South, concurred with the previous speakers.

Don Stevens, 206 24th Street North, thought the Ordinance was going too far by allowing the City to enter private property. He also stated that applying this ordinance to recreational vehicles would become a problem.

James Parker Shields, 2226 Central Avenue West, supported the intent of the Ordinance. However, he was concerned how it would impact the low income and Native Americans. He explained that in many cases, repairing a vehicle takes time and money low income families and Native Americans do not have. He asked the Commission to deny the Ordinance and put together a committee that included representation by the Native American community, to revisit this issue and propose another ordinance.

Mike Witsoe, 510 5th Avenue South, asked if people in the community actually read the ordinance? He suggested the entire ordinance be published in the Tribune before the City Commission adopted it.

Clayton M. Braden, 2708 4th Avenue NW, reminded the Commission of the Montana State Constitution's provision of the right to participate in local government.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt amended Ordinance 2819.

Commissioner Hinz asked Assistant City Attorney Kory Larsen if he used a boiler plate ordinance when preparing Ordinance 2819. Mr. Larsen indicated he did. He added that the ordinance used had passed constitutional tests and that he modified it slightly to fit Great Falls better. He also clarified that before the Police Department would enter private property, a search warrant would be obtained.

Mayor Gray asked if other Montana communities had ordinances such as this. Mr. Larsen stated he thought Bozeman did, however, he could do additional research to clarify this.

Commissioner Beecher asked Mr. Larsen to explain a typical time-line scenario. Mr. Larsen complied. Mr. Beecher stated that while he thought the ordinance was well written and necessary, he was concerned about the time-line provisions in it.

Commissioner Jovick-Kuntz asked how many abandoned vehicle complaints were received every year. Captain Shanks stated the Police Department received 900 complaints resulting in 211 vehicles towed during 2001. Community Development Director Mike Rattray added that his department received 300 complaints. Mrs. Jovick-Kuntz stated that with that many calls, there was obviously a problem in Great Falls and she believed the proposed ordinance would solve the problem. She added that vintage cars were not the target for this ordinance.

Commissioner Rosenbaum asked if there was duplication between the nuisance abatement ordinance and this ordinance. Mr. Rattray explained that the nuisance abatement ordinance only applied to private property while this ordinance applied to public and private property. Mr. Rosenbaum also asked about Section 10.60.030(D) pertaining to dismantlers. He stated that it was unclear and perhaps should be rewritten to dove tail with the City's zoning ordinance.

Commissioner Hinz stated she was troubled with the short time-line provided. She thought the use of business days rather than calendar days appeared to be more fair for her.

Commissioner Beecher moved to amend his motion to read, "That the City Commission table action on Ordinance 2819 for two weeks to give Staff an opportunity to address the dismantler section of the ordinance and the time-line." This motion was seconded by Commissioner Rosenbaum and considered a friendly amendment.

Mayor Gray commended Mr. Kory Larsen for his work on this ordinance. He, too, agreed that the time-line needed to be looked at. He reminded the members of the audience that the City Commission was tasked with the protection of the aesthetics of the community and that he was not troubled with the provision in the ordinance pertaining to private property.

Motion as amended carried 4-1 (Commissioner Jovick-Kuntz dissenting).
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

MCA 7-14-4109 allows the City Commission to order certain improvements along a street without creation of a special improvement district (SID) and gives the Commission the authority to assess any costs incurred by the City for installation of the improvements.

James Avenue is a one block long avenue between 5th and 6th Streets Northwest. It is gravel surfaced without curb and gutter, and has only a short segment of sidewalk in place. Several years ago, the four adjoining property owners requested street improvements, and agreed to participate in the costs. The number of property owners and the project size did not meet minimum requirements for creation of a SID.

Even though the property owners requested the improvements, MCA 7-14-4109 requires the City Commission to first order this work to be done. Once Resolution 9196 is adopted, the property owners will be notified that they have 30 days to install the improvements or to work with City staff to have the work completed. If a city-retained contractor installs the improvements, staff will present a resolution for commission consideration assessing the property owners for the costs incurred.

The property owners will be assessed the actual costs for construction of the sidewalk, curb and gutter, and driveway connections to the street. The total estimated cost for the property owners is $25,000. City engineering staff designed the improvements. City street funds will pay for grading, base gravel, and pavement. City water funds previously paid for the replacement of the water main.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission adopt Resolution 9196.

Motion carried 5-0.
 

The City and County Commissions were requested by Native American Leaders James Parker Shield, Director of the Indian Heritage Association, Donald (D.J.) Lott Jr., Director, Indian Family Health Clinic and Cal Gilbert, Indian Education Specialist, Great Falls Public Schools to consider creating a Native American Local Government Commission. The purpose for the Commission is to serve as a local "point-of-contact" for all local City and County government departments; to represent the Native American community at the City and County government meetings, functions and events; to advise City and County governments on Native American needs, issues, forums, and planning; to assist and advise in the coordinated review of the status of the local Native American community; and to serve as a clearinghouse of information on grants, employment opportunities and economic development activities for dissemination to Native American communities.

The Commission will be made up of three standing members (Indian Heritage Association Director, Indian Family Clinic Director, Indian Education Program Director); four rotating members with staggered terms (1 to 4 years), recommended by standing members (who review applications), two shall be appointed by the Great Falls City Commission and two shall be appointed by the Cascade County Commission; and the Chair of the Commission will be elected by the members of the Native American Local Government Commission.

The meetings of the Commission shall be determined by the members of the Native American Local Government Commission but shall meet at least monthly. Minutes shall be kept of all meetings and the meetings are subject to the principles of the Open Meeting law of the State of Montana.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9220.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

PETITIONS AND COMMUNICATIONS

ADJOURNMENT