PUBLIC HEARINGS

Assistant City Manger Cheryl Patton reported that this ordinance would serve to replace the existing regulations governing on-premise signs in commercial and industrial districts only. This ordinance was intended to serve as interim regulations until a final sign code can be recommended and approved by the City Commission.

Ryan Smith of the Sign Code Committee explained that the major changes proposed include: the elimination of roof signs, limiting signage to correspond to the size of the building for wall signs and pole signs, and reducing the height allowable for pole signs from 35 feet to 25 feet. All current regulations outside of OCCGF 15.11.200 would remain the same.

Mayor Gray asked Cheryl Patton to summarize how the Sign Committee came to be. Ms. Patton stated that in December of 2001 the City Commission appointed a committee of citizens, sign industry professionals and city staff to review the City's sign regulations and to make a recommendation for a change to the current code to improve the community image. The Committee has worked steadily throughout 2002 toward a recommendation for a new code.

Mayor Gray declared the public hearing open. Speaking in favor of the interim sign regulation Ordinance was: Tom Alfrey, 710 1st Ave. N. Mr. Alfrey stated that as a member of the Sign Code Review Committee he was in favor of the proposed Interim Sign Code, but that there had been several businesses that had expressed concerns over whether or not they would be required to be in compliance upon adoption of this Interim Sign Code. Mr. Alfrey wanted the Commission to know that the Committee was working hard to make sure that this interim code was fair and equitable to everyone concerned.

Those opposed to Ordinance 2839 were: Bob Snider, Fort Shaw. Mr. Snider owns a business in Great Falls and does not feel that the proposed Interim Sign Code takes the majority of businesses in Great Falls into consideration. The image that is proposed is fine for a stand alone business, but not for multi - tenant dwellings. Mr. Snider stated that the Commission should consider the impact the proposed Ordinance would have on the business community and that more investigation should be done before accepting Ordinance 2839. Carey Gray, 4108 N. Park Trail stated that she does not feel that this interim sign code would benefit economic development or a growing Great Falls. She then began reading from a publication. Ms. Gray stated that with the interim sign code in place she felt that new businesses would suffer by having less sign space thus not being as visible as they could be if the business was allowed larger signs.

There being no one further to speak in favor of or opposition to Ordinance 2839, Mayor Gray declared the Public Hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2839 on final reading.

Commissioner Diane Jovick-Kuntz stated that the Sign Code Review Committee was put in place by the Commission and instructed to review the old sign code and to come up with something that would be fair and equal to all concerned. Ms. Jovick-Kuntz then used the new Market Place as an example of new signage. Commissioner Jovick-Kuntz stated that even though there are no roof signs or pole signs, the businesses in Market Place continue to draw consumers. Ms. Jovick-Kuntz also reiterated that this is an interim sign code and that this is just the first step to a final sign code. Mayor Gray then asked if there were provisions in place for multi tenant buildings. Assistant City Manager Cheryl Patton said that the revisions that have been made to the original sign code were directed to on-premise signs in commercial and industrial districts only, and that if there were multi-tenant businesses that would be affected by this interim sign code that there is a variance procedure in place and that each variance request would be looked at for its merits.

Motion carried 5-0.
 

Fiscal Services Director Coleen Balzarini reported that owners of twenty five properties were notified by letter giving 30 days to pay delinquent charges. Upon not receiving payment, another letter was sent informing them of our intent to place a lien on the property for the unpaid charges.

MCA Section 7-12-4611, 4612, Section 7-13-128, and Section 7-13-4309 and OCCGF 8.32.332 and 13.26.060 authorizes the City Commission to assess lienable charges against the property to which service was furnished and for which payment is delinquent. In accordance with 7-1-2121, M.C.A, notice of the Public Hearing was published on January 12 and 19, 2002.

Mayor Gray declared the Public Hearing open. There being no one to speak in favor of or opposition to Resolution 9281, Mayor Gray closed the Public Hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9281.

Motion carried 5-0.
 

Park and Recreation Director Jerry Sepich stated that as of June 30, 2002, the City was not in compliance with the revenue bond coverage in the Golf Course Fund. This covenant required net Revenue (Gross Revenue less operating expenses, depreciation expense, and interest expense) to be at least equal to the 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 in part to the weather and completion of 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 2003 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 proposed fees reflect the following changes:

1. Increase in the 18 hole green fees from $21 to $25. The last increase in this fee was prior to the 2000 season. It was proposed to add "twilight" green fee of $15 for week-end play after 3:00 p.m.
2. Elimination of the couple and family membership was proposed. Due to administrative and legal problems in defining "couple" staff feels it was prudent to eliminate these membership categories. However it was recommended that a 5% discount for memberships purchased prior to March 15, 2003 be instituted. Thus all categories of membership would be afforded a discount.
3. The current punch cards would be eliminated. The proposed fees included a 9 hole 20 time punch card for $270. This would provide an alternative for those not choosing to purchase a membership.
4. Increase cart rental fees $1.00 to $13 for 9 hole and $20 for 18 hole rentals.
5. An increase in the yearly trail fee for carts of $25 was proposed. This would raise the trail fee from $175 to $200. This was an effort to provide additional funding for needed work on cart paths.
6. An increase in the gas cart storage from $115 ($9.98/month) to $180 ($15.00/month) and electric cart storage from $170 ($14.17/month) to $235 ($19.58/month). The proposed increase would make our storage fees more comparable to private storage facilities in the City. Current fees at these facilities range from $28-$29/month.

Projected increase in revenue from proposed fee changes was $76,750.

Mr. Sepich also stated that the proposed fees were approved by the Golf Advisory Board at their meeting on January 9, 2003. The Park and Recreation Board approved the fees at its January 13, 2003 meeting and recommended approval of the fees by the City Commission.

Mayor Gray declared the Public Hearing open. Those speaking in favor of Resolution 9284 were as follows: Bob McPherson, 126 18 St. S.W.; Pat Docktor, 3805 2nd St. N.E.; Dennis Petrak, 1909 Colorado Ave., Black Eagle. It was stated that the increases are fair and needed for improvements to be made to the golf course. Those speaking in opposition to Resolution 9284 were as follows: Harry Birckenbuel, Great Falls; Hal Webb, 3216 4 Ave. S; Jerry Kuntz, 2705 5 Ave. S.; Dennis Petrak, 1909 Colorado Ave., Black Eagle; Carl Swanson, 2604 6 Ave. S.; Terry Morton, 3440 5 Ave. S.; Bob Rowe, 405 N. Park Drive; and Mike Witsoe, 510 11 St. S. The main issues that were addressed during this portion of the Public Hearing were: cart storage fees, the condition of the cart storage sheds, the dropping of the couples rate and family rate, dropping several punch card options, the current shape that the course itself is in i.e.: (trench lines, dead sod, winter kill on greens, sand traps and weeds), the patio area. It was also stated that raising fees could be prohibitive to some residents of Great Falls being able to play the courses. Another concern was the omission of a senior rate. Also addressing the Commission were: Dusty Peterson, 62 Vineyard Road. Mr. Peterson stated that green fee and membership increases were okay, but that they need to retain the punch card options and the all-day fee. Bill Korst, a greens keeper at Eagle falls understands the complaints, but felt that they were due to minimal crew trying to manage all the maintenance and construction that was needed on the course. Mr. Korst also said that he would like to have a discussion with the City Commission about what could possibly be done to alleviate the problems at the course.

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

Commissioner Hinz moved, seconded by Mayor Gray, that the City Commission deny Resolution 9284 Golf Fees.

Commissioner Rosenbaum stated that there needed to be more discussion about the fees.

Commissioner Beecher suggested tabling action tonight, and stated that the public hearing brought forth some new information that the Commission was not aware of.

Commissioner Diane Jovick-Kuntz asked about buying new golf carts every year. Park and Recreation Director Jerry Sepich said that golf carts are on an equipment revolving schedule and rotated out at 20 cars per year to keep in line with the schedule. This is a significant cost savings to the City.

Mayor Gray stated that some key issues that he took from the public hearing were that the proposed fee increases would not generate the amount of revenue needed to offset last years shortfall, and that there is a need to convince golfers that the course is complete. Mayor Gray asked what percentage of members that had dropped their annual membership had carts in storage. Mayor Gray then said that a possible answer was to build additional storage buildings.

Commissioner John Rosenbaum said that he felt that quality of play was more important than dollars to the golfing community and also that a complete analysis was needed.

Commissioner Beecher moved to amend the motion on floor to table the proposed Resolution 9284 for one month to allow for further discussion. Commissioner Rosenbaum seconded.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Fiscal Services Director Coleen Balzarini reported that in accordance with 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 were billed for the charges numerous times and payment had not been received.

During the spring and summer season of 2002, 1560 notices of weed violations were mailed to individual property owners. After re-inspections and subsequent cutting by City crews, 62 property owners were billed for the costs associated with the removal of those weeds. There were a total of 40 properties to be liened due to non-payment after numerous billings.

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

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9280.

Clayton Braden, 708 4 Ave N W. asked if any of the assessments were charged to the operators of the golf course for weed removal. Fiscal Services Director Coleen Balzarini stated that the Golf course did receive assistance from Public Works in weed removal however the City paid for the service so it was not necessary to lien the property.

Motion carried 5-0.
 

City Attorney Dave Gliko reported that SB 97 was adopted by the 1999 Legislature and requires Cities and Counties to adopt a "growth policy" in lieu of their current master or comprehensive plans. A transition clause allowed local governing bodies to adopt zoning regulations based on prior master or comprehensive plans until October 1, 2001. After October 1, 2001, all zoning regulations must be preceded by and adopted pursuant to a "growth policy". By an Opinion dated September 26, 2002, the Attorney General had affirmed the necessity of adopting a "growth policy" pursuant to 76-1-601, et seq, MCA to validate zoning regulations enacted after October 1, 2001. The Attorney General acknowledged one exception for "routine, minor revisions that do not have any impact on growth policy. . . ." Since the City may be annexing property requiring a zone change or revising its existing zoning which impacts its "growth policy" once the same has been created; and, since such zoning regulations are not valid unless adopted pursuant to a "growth policy"; time was of the essence to ensure valid growth and development of the City. Therefore, a two month time frame for development of a "growth policy" by the City/County Planning Board and presentation to the City Commission had been recommended on assurance by the Director of the Planning Staff that the same can be accomplished within two months.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9286 directing the City/County Planning Board to prepare a "growth policy" and present the same for consideration by the respective governing bodies on or before May 6, 2003.

Bill Bronson, 733 32 Ave NE addressed the Commission and stated that until the City adopted a growth policy we would be stymied and the City should proceed post haste.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

PETITIONS AND COMMUNICATIONS

ADJOURNMENT