JOURNAL OF COMMISSION PROCEEDINGS
January 4, 2005

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:05 PM

PLEDGE OF ALLEGIANCE:

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz, and John Rosenbaum. City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Fiscal Services, Planning, Public Works, Library, Acting Director of Park and Recreation, Police Chief, Fire Chief, and the Deputy City Clerk.

PUBLIC HEARINGS

Ordinance 2891, rezones Lots 1 and 2 of the replat of the west 100 feet and a portion of the vacated Avenues and Alleys in Blocks 416, 418 and 453, GF Townsite Add. Adopted.
1.
ORDINANCE 2891, REZONES LOTS 1 AND 2 OF THE REPLAT OF THE WEST 100 FEET AND A PORTION OF THE VACATED AVENUES AND ALLEYS IN BLOCKS 416, 418, AND 453, GF TOWNSITE ADDITION.

Planning Director Ben Rangel reported that Ordinance 2891 would rezone Lots 1 & 2 of the Replat of the West 100 feet and a portion of the vacated avenues and alleys in Blocks 416, 418, and 453, GF Townsite Addition, located at the southeast corner of the intersection of 2nd Avenue South and 2nd Street South, from Heavy Commercial Business (B-4) to High Density Business (B-3).

The owners of the subject lots submitted a petition to rezone the property. A majority of the existing building on the premises was occupied by the Antique Mall (Bull Market Antiques) and a restaurant (The Breaks Ale House and Grill) which includes alcohol sales and consumption. The rezoning is precipitated by the applicant's desire to add professional office space, which was not permitted in the B-4 District, and gaming to the restaurant which is only allowed in the B-3 District.

On November 9, 2004, the City-County Planning Board conducted a public hearing and at the conclusion of the hearing, the Planning Board unanimously passed a motion recommending the City Commission adopt Ordinance 2891.

Mayor Gray declared the public hearing open. Joe Brown, 202 2nd Avenue South, spoke in support of Ordinance 2891. He added that his wife was owner of the Bull Market and that "The Breaks" (a restaurant) moved into the building which increased business and by adopting Ordinance 2891 would bring more people to the downtown area.

Jeff Mora, Attorney, 104 2nd Street South, Suite 101, stated that he represented "The Breaks Ale House and Grill Restaurant." He added that there would be no signs on the building representing casino/gaming. The gaming would be in the lower level of the restaurant along with the sports bar and brew pub. He added that the gambling machines would help them recover the cost of the liquor and gaming license they bought from the Lost Woodsman.

Penney Brown, 202 2nd Avenue South, owner of the Bull Market, stated that since The Breaks moved in, their business had improved and that The Breaks was a very positive business and she enjoyed all the partners that are involved with it.

Timothy Peterson, 802 Forest Avenue, partner in The Breaks, stated that they had purchased the liquor license from the Lost Woodsman that had closed some time ago. He added that he was a downtown business owner and that The Breaks has brought business into the downtown area. He added that the restaurant was not stressing gambling and that casino advertising was not going to be visual.

Mark Cappis, 332 36th Avenue Northeast, CPA and partner with The Breaks, concurred with Jeff Mora. He added that they started a local restaurant, not a franchise and currently they employ fifty people with possibly another fifty employees once the Brew Pub and gaming opened.

Mayor Gray asked the number of machines the partners were looking at having in the establishment. Mr. Cappis stated that they are allowed up to twenty with the gaming license but that they were looking at eight.

Ken Fechter, 202 2nd Avenue South, stated that The Breaks was located in a perfect destination spot for the downtown area.

Mark Kovacich, 312 28th Avenue Northeast, part owner with The Breaks, stated that The Breaks was a local operation with young owners, very nice restaurant with a bar that had moved into the downtown area. They purchased a liquor license and that every liquor license comes with a gaming license which increases the price of the liquor license. He added that the zone change would bring business offices and gaming into the establishment. They would have a small area for gaming with a Brew Pub/Bar in the basement. The gaming revenue would allow the partners to bring in revenue towards the purchase of the licenses.

Brian Lindseth, 202 2nd Avenue South, part owner, stated that the partners had done a lot of renovation to the building and that The Breaks had improved the area. He added that they do have space to set up professional offices. The building was originally zoned for industrial warehouse and now that they have moved in they are requesting the zone change to allow them to add office space and gaming into the building.

Alison Fried, 504 Central Avenue, owner of the Dragonfly Drygoods and also part of the Downtown Business Association, stated that she appreciated what the gentlemen had done and that they are bringing more business to the downtown area.

Speaking against Ordinance 2891 were the following: Ben Forsyth, 900 9th Street South, stated that he checked with the Department of Revenue in Helena and that with a transfer of a liquor license that the gaming license becomes invalid. The liquor license was a new license and the gaming license could not be transferred. He added that six restaurants with casinos attached to them went out of business and he requested that the City Commission take that into consideration and deny the Ordinance.

Gloria Smith, 8 Cheyenne Drive, asked that when a zoning decision was made, why it was allowed to be changed again for one person. She also added that she did not understand why zoning laws were made and then changed.

Herb Sobezcek, 121 11th Street Northeast, stated that he was concerned with parking for employees and customers.

Robert Alfred, 2601 26th Street South, stated that the partners built the restaurant in an area zoned without gambling and they knew this when they built it. He added that this would bring a younger crowd that could end up with gambling problems. He asked the City Commission to deny the zone request and stated that they needed to work on the new zoning codes.

Tim Spencer, 3332 Eagle Court, stated that gambling was an issue and that the partners did not need to recapture their money through the gambling machines. He added that he did not think the City should allow the restaurant to open a gambling establishment until the new rules for zoning were completed. Mr. Spencer stated that he was concerned with the moratorium being postponed and this issue should be to.

Kendra Owen, 1004 El Paso Drive, stated that she was concerned that the investment that was already made, and now that The Breaks was open, they are concerned about gaming. She concurred with Mr. Spencer that the City needed to put a hold on this zoning request. Ms. Owen added that she spoke with Angela from McKenzie River Pizza and was told that they moved to get away from gaming and that their establishment was doing wonderful. Ms. Owen stated that in her opinion, you do not need gambling to make a business.

Stuart Lewin, 615 3rd Avenue North, stated that the City currently had forty licenses above the limit and that the City Commission needed to take a look at this. He added that the City needed to sit back and put a hold on this zoning request until the new zoning laws were figured out. The partners would get their money out of the restaurant whether they have to move the gambling or not. He suggested that the City Commission consider tabling this.

Sarah Zook, 911 Avenue A Northwest, stated that she had never appeared before the Commission before. She added that she'd like to see fewer casinos opening and asked the Commission to table this request.

There being no one further to speak in support of or opposition to Ordinance 2891, Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz asked about the parking issue that was mentioned and also the confusion of the liquor and gaming license. She also asked when the building was zoned "B-4." Community Development Director Mike Rattray stated that the restaurant was located in an area where you could not create land for parking and that the zoning was changed in December 1977.

City Attorney Dave Gliko stated that the liquor license existed before gaming license, and was separate. He added that the gaming license was not automatically transferred with the liquor license and that it was a separate and distinct license.

Mayor Gray stated that one license did not necessarily follow the other license just because someone purchased the two licenses did not mean they can have the licenses in the same establishment.

Commissioner Hinz moved to deny Ordinance 2891. Motion failed for lack of second.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2891.

Commissioner Beecher stated that the plans for The Breaks did comply with the interim ordinance to gaming and that it did meet the distance requirement from churches, schools and other casinos. He added that there was a concern of the visual issues of to many casinos signs.

Commissioner Jovick-Kuntz stated that, as a person who markets the downtown area, The Breaks had built up the area and that they were not going to put up casino signs. She recommended support of the zone change.

Commissioner Hinz stated that she did not support the Ordinance.

Commissioner Rosenbaum stated that the zone change met all the terms of the Bozeman code and for the definitions for fine restaurants with limited use gambling. He added that the City was not losing any ground.

Mayor Gray stated that people were coming back into town and investing money into the town. He added the re-birth in Seattle due to rezoning with the old brick buildings that have been made into professional offices had built up the downtown area for them and would like to see that here. He added that he supports the zone change and that he respected Commissioner Hinz decision.

Motion carried 4-1 (Commissioner Hinz dissenting).
 

Resolution 9444, Cost Recovery, GF Original Addition, L2, B447. Denied.
2.
RESOLUTION 9444, COST RECOVERY, GF ORIGINAL ADDITION, L2, B447.

Community Development Director Mike Rattray reported that the property owner paid the amount owing of $7,150 in full on December 27, 2004, and asked the City Commission to deny Resolution 9444.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9444. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission deny Resolution 9444 as the owner of the property paid $7,150 in full on December 27, 2004.

Motion carried 5-0.
 

Resolution 9449, Intent to annex Taylor Addition. Adopted.

Ordinance 2894, Establish City Zoning upon Taylor Addition. Adopted.

3.

A) RESOLUTION 9449, INTENT TO ANNEX TAYLOR ADDITION.

B) ORDINANCE 2894, ESTABLISH CITY ZONING UPON TAYLOR ADDITION.

Planning Director Ben Rangel reported that Resolution 9449 annexes said Parcel Mark No. 3I, most of which was being platted as a part of Taylor Addition, a five lot single family residential subdivision along the north side of 13th Avenue South between 39th and 43rd Streets. A small remainder portion of said Parcel Mark No. 3I would be added to the lot comprising Third Supplement to Rice Tract. Ordinance No. 2894 assigns a zoning classification of "A" Residence Use, "A" Area District, to said Parcel Mark No. 3I, upon annexation to the City, and rezones the abutting incorporated southerly portion (approximately 45 feet) of Third Supplement to Rice Tract from "GC" General Commercial, "D" Area District, to "A" Residence Use, "A" Area District.

On October 26, 2004, the Planning Board conducted a public hearing and at the conclusion of the public hearing, passed a motion recommending the governing bodies approve the Minor Plat of Taylor Addition, subject to the applicant fulfilling the following conditions; all fees be paid; preparation of a certificate of title by a title company to be filed with the minor plat; any errors or omissions shall be corrected; entering into an annexation agreement containing typical terms and conditions associated with annexation.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9449 or Ordinance 2894. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9449 and approve the Minor Plat, Findings of Fact and Annexation Agreement all related to Taylor Addition.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2894.

Motion carried 5-0.
 

Resolution 9450, Intent to annex Soccer Park. Adopted.

Ordinance 2895, Establish City Zoning upon Soccer Park. Adopted.

4.

A) RESOLUTION 9450, INTENT TO ANNEX SOCCER PARK.

B) ORDINANCE 2895, ESTABLISH CITY ZONING UPON SOCCER PARK.

Planning Director Ben Rangel reported that Resolution 9450 annexes said Parcel Mark No.s 7B and 7C, which combined, comprise the site for the community soccer complex currently under construction. The Parcel Mark No. 7 was a vacant 4-acre tract of land owned by the City, located along the east side of 57th Street and south of the 10th Avenue North entrance to MAFB; and the segment of 10th Avenue North between 52nd and 57th Streets North which abuts the north boundary of the soccer complex. Ordinance 2895 assigns a zoning classification of "A" Residence Use, "B" Area District, to the above described areas upon annexation to the City.

On November 23, 2004, the Planning Board conducted a public hearing and at the conclusion of the hearing, the Planning Board passed a motion recommending the City Commission annex the subject property and assign a zoning classification of "A" Residence Use, "B" Area District.

Mayor Gray declared the public hearing open. Speaking in favor of Resolution 9450 and Ordinance 2895 were: George Littlefield, 4225 Morningside Circle, who stated that he supported the soccer park and encouraged the annexation.

Herb Sobezcek, 121 11th Street Northeast, stated he was in favor of the soccer park and that he wanted it noted the he did oppose taking the land from agriculture, as it took away food from our society.

Speaking against Resolution 9450 and Ordinance 2895 was Clayton Braden, 1708 4th Avenue NW, asked that with the zone change, if down the road the soccer park was no longer needed, would this area be built up as residential use. Planning Director Ben Rangel stated that it would become public use. Mr. Braden stated that the Commission needed to complete the new zoning code.

Mayor Gray stated that the Soccer organization raised over $1 million for this park and that this was a large investment from the public.

There being no one further to speak in support of or opposition to Resolution 9450 or Ordinance 2895, Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Resolution 9450.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Ordinance 2895.

Motion carried 5-0.
 

Ordinance 2896, Sign Code. Tabled for thirty days.
5.
ORDINANCE 2896, SIGN CODE.

Assistant City Manager Cheryl Patton reported that the Sign Code Committee recommended Ordinance 2896. This ordinance would serve to replace the existing regulations and the interim regulations which govern all signs for the City. The ordinance was intended to replace/update the existing Sign Code and move the location of the Code from Title 15 OCCGF to Title 17 OCCGF. It will be codified as Chapter 60 of the proposed Unified Land Development Code.

The goals of the proposed Code were: to promote a positive economic and business climate through distinctive and effective signage; to improve the community's image by eliminating sign clutter; to encourage signage of a character and scale consistent with the built environment and desired future vision; to protect health and safety including damages caused by distractions of motorists; to provide a code that is readily understood; and to provide binding code implementation and enforcement.

Significant changes include: eliminating the clutter caused by uncontrolled temporary signs, encouraging signage to correspond to the scale of the built environment and provided the Design Review Board with the ability to negotiate signage that fits into the premise. Another major change was regarding interpretation of the sign code. The new Code specifically assigned a maximum square foot sign allowance to the premise/property instead of to each business on the property.

Strong enforcement was recommended by the Committee in order for the community to receive the intended benefit from this new Code. Non-conforming signs, except billboards, were proposed to conform to the provisions of this proposed Code by December 31, 2014. The Committee also recommended the City initiate an "incentive program" to encourage earlier compliance.

Mayor Gray declared the public hearing open. He also thanked all the members of the Sign code committee on behalf of the City Commissioners, for the three years of hard work that was put into the sign code.

Speaking in favor of Ordinance 2896 was: Ryan Smith, 905 Adobe Drive, Sign Code Committee member representing the Design Review Board, stated the proposed code met all the minimum sign requirements the Commission had asked for and that it was a step in the right direction for signage with businesses, property and signage for each. He asked the Commission to adopt Ordinance 2896.

Jenny Yoneji, 516 Fox Court, stated that the Sign Code Committee made their decision on consensus not votes and that the Ordinance was the best product being presented to the Commission and asked the Commission to consider adopting the Ordinance.

Stuart Nicholson, 4 Volk Terrace, member of Neighborhood Council 6, and member of Sign Code Committee, stated that the committee was interested in changing the visual view of the City. The City Commission appointed the Sign Code Review Committee to review the current code, identify problem codes, recommend changes and present them to the City Commission for consideration. He added that early in the process the Committee developed a purpose statement: to evaluate and improve the City of Great Falls sign code so that the code can effectively promote a positive economic business climate; provide guidelines to enhance the community imagine; address design and safety standards; provide ease of understanding for contractors and business in the community; and provide for effective enforcement by the City staff. The Sign Code Committee was told that the sign code should be easy to understand and the playing fields should be level. He added that whatever decision the Commission makes should be enforced. He added another area to be addressed was the surrounding areas that have not been annexed into the City. Mr. Nicholson strongly encouraged the Commission to accept the new sign code.

Suzie Taleff, 610 Linden Drive, stated that she was in favor of the sign code ordinance and that the City should reconsider the billboard issues.

Stuart Lewin, 615 3rd Avenue North, member of the Missouri River Citizens, stated that he was supportive of the Ordinance and that it needed to go further into the River Corridor with the sign ordinance. He added that there were non-conforming signs in the River Corridor that needed to be brought to standard immediately, not ten years from now. Also some of the signs in the River Corridor needed to be brought before the Design Review Board.

Gloria Smith, 8 Cheyenne Drive, stated that she was supporting anything that would improve the looks of the City right now, not in another ten years and that she supported the Ordinance.

Robert Alfred, 2601 26th Street South, stated that he was concerned for those who would incur expenses to come into compliance with the new code. He added that there was an over abundance of signs and some were distasteful. He also stated that this community needed to work together and asked the Commissioners to consider adopting the Ordinance or make it stronger.

Tom Alfrey, Great Falls Chamber of Commerce, stated he supported the improvements to Great Falls and the he represented the businesses through the sign code committee.

Mary Lucas, stated that she strongly urged the City Commission to pass the Ordinance.

Those speaking against were: Clayton Braden, 1708 4th Avenue NW, stated that he was concerned with the traffic control signs with a minimum sign that can be seen. He added that a person with more property could have larger signs than a person with less property. He added that this was against the 14th Amendment and it was not right.

Arthur Vender, 1606 8th Avenue South, business location 514 2nd Avenue South, stated that the Commission should not adopt the complete sign code. He added that the only group to profit from this would be the sign makers and lawyers. He added that a lot of small businesses would be affected by this sign code and end up going out of business. He stated that the City needed to enforce the current sign code not adopt a new one.

Bob Zalenski, 3325 1st Avenue North, stated that his wife owns Dem Beanies on 10th Avenue South and as a result of the new sign code she will have to purchase a permit and hire someone to bring her sign into compliance which will be costly. He asked if the signage on vehicles would have to be removed. He added that he disagreed with the sign code and asked the Commission to deny the Ordinance.

Wayne Thares, 808 5th Avenue North, General Manager of Pepsi Cola of Great Falls, stated that the sign code was fairly workable. He added that there was not a retail business person on the Sign Code Committee and that the code needed to be looked at from a retail business point of view. Mr. Thares added that it would take $10,000 for Pepsi to come into compliance with the new code. He added that the Missouri River Corridor signs needed to be looked into and that the Milwaukee sign was not in compliance with the sign code. He stated that Pepsi was willing to work with the sign code and also with the banners mentioned. He asked the Commission not to pass the Ordinance as written and that it needed to be worked on.

Lyle Cusson, stated that he was responsible for signs at the Town Pump Stores. He added that all towns try to restrict signage and that no one should be allowed to tell a business how their signage should be to bring business into their establishments. The City should make sure signs were presentable in sight and height. Mr. Cusson stated that small business owners need their signage to promote their businesses. The businesses that are willing to decrease their signs are like Wal-Mart and could afford to make up the difference of advertisement with commercials on television.

Brett Harris, 4113 Ella Avenue, representing Kentucky Fried Chicken (KFC), stated that he supported making Great Falls look better to attract business. He added that KFC was planning on remodeling their buildings and had set finances aside for this. He asked the Commission if they wanted better looking buildings or signs. He encouraged the Commission not to pass the new sign code.

Lori Cox, Vaughn, MT, representing the Montana Expo Park in Marketing and Development, stated that the Expo Park brings $12.4 million into the community. A large portion of the funds come from sponsors. The banners are an important value to their sponsors. She added that the Expo Park would have to find another way of marketing which would cause the prices to go up for the sponsors and also the general public. She also stated that they have a stone sign that does not comply with the new sign code and they would have to take it down. Ms. Cox asked the Commission to take a look at all the events that the Expo Park has going for the City and all the banners of sponsorships and reconsider the proposal for the sign code.

Candy Storrusten, 700 6th Avenue Northwest, Sign Shop, stated that she did not think the committee was in touch with the real businesses. She added that contractors put their signs up on construction sites. Just because one contracts the site, they have other contractors that work under them. The plumber, electrician and roofer, they have their signs out on a construction site advertising their businesses. This promotes their businesses and without being able to have their signs out they would lose business. Ms. Storrusten asked the Commission not to pass the Ordinance and stated it was an unfair sign code.

George Gallagher, 4701 Williowdale Lane, stated that the public was excluded from input with the sign code committee. He was concerned of the clutter that the signs create. He added that reader boards should be prohibited from the City limits. He suggested implementing the sign code now and not waiting until 2014, or cancel the new sign code all together.

Scott Shull, 3000 3rd Avenue South, Days Inn, stated that when the Inn opened they only had one sign for advertisement. In 1994 they added an off premise sign and that increased business by thirty percent. He asked why the new sign code was limiting businesses to only one pole per business.

Lee Lewis, 222 Riverview 1E, owner of Central Signs, stated that he sees some problems with the language in the new sign code. He also asked how many bench signs would be removed and answered "zero." He added that part of the problem with the sign code was that it had never been enforced. He stated that roof signs have been banned and stated that was wrong, and ground level signs on windows were not allowed on their own private property. They pay their own taxes and wages of employees and should be allowed to advertise their own businesses. He also added that he did not think larger chain stores should be allowed larger signs than local businesses. He stated that the City needed to enforce the current code.

Bob Snider, 1600 Stuckey Road, owner of Cat Graphics Inc, stated that he strongly opposed the Ordinance. He added that he commended the Sign Code Committee for all their hard work. He also stated that the new sign code would be hurting a lot of businesses financially and that the only people that would be gaining from this would be the sign companies.

Brett Howell, 300 29th Avenue Northeast, owner of three businesses, stated that he knew a lot of business owners and none of them had any input into the new sign code. He added that the business owners should have been involved with the sign code committee and asked the Commission to consider not passing the Ordinance.

Sarah Zook, 911 Avenue A Northwest, stated that it was obvious that the Commission needed to deny the new sign code and enforce the existing code. She added that the City needed to get rid of signs of businesses that have already gone out of business some time ago. She also stated that time and investment alone should not be the reason to pass the Ordinance.

Sally Tucker, 2908 8th Avenue South, stated that she did not shop downtown because she did not know where anything was located due to poor signage. She added that she stays on 10th Avenue South and that she liked the sign clutter. She added that the City needed to enforce the sign code they currently have.

Melody Brown, Great Falls Association of Realtors, 1019 9th Street South, asked about the open house signs, temporary signs that would not be allowed. This would create a problem for realtors. She added that real estate was the fourth fastest growing business in Great Falls. She stated that homeowners would have to purchase permits to put signs up in their yards to try to sell their houses. She asked if the new sign code was restricting talking house signs. The open house signs, temporary signs, and banners are a must for advertising to sell a home. Seventy-four percent of people looking for a home depended on signage. Ms. Brown asked the Commission to further consider the new sign code and it would negatively affect realtors, home buyers and sellers.

Dennis Storrusten, owner of Dennis Signs, stated that he opposed the new sign code and was told that the last sign code change in 1970, was going to fix all the problems. He added that it did not work then and that it would not work now.

Mark Rothwell, 1117 7th Street South, stated that the new sign code was written for the premises not the building or businesses. He added that he had issues on signage on larger buildings that are leased out. The current tenant had a larger sign and if someone else was to lease out another section of the building the new sign code would not allow much signage for their business.

Tim Spencer, owner of Prairiewind Treasures, 819 9th South, stated that banners, balloons and flyers were what make his business work. He added that it was a matter of how signs were displayed. A sign code like this would put him out of business.

Herb Sobezcek, 121 11th Street Northeast, recommended that the Commission needed to take a long look at the new sign code and to reconsider adopting it.

Mike Mader, 2407 Central Avenue West, stated that he was against the new sign code. He added that he owned the Liberty Firework stands and that he needed his signage to direct people to his stands. Without the banners and temporary signs he would lose business. He asked the Commission not to pass the Ordinance.

Bill Zucconi, 617 Coyote Lane, stated if the City didn't enforce the code, it did not do any good to write it.

Bart Stevenson, (unknown address) works in a sign business, stated that he did not see the current sign code being enforced. He added that being in the sign business he had seen a lot of things done on nights and weekends with signs and that nothing was done about it. He stated that he was for a sign code but the City needed to enforce its current one.

Mayor Gray declared the public hearing closed. Commissioner Jovick-Kuntz asked about the wording in the sign code for commercial vehicle signage and asked about the signage for real estate.

Assistant City Manager Cheryl Patton stated that the Expo Park was a public community event which was exempt from the Ordinance. Also, that historic signs could be granted in and remain the same as they are. Ms. Patton added that the real estate 2½ foot height signs weren't intended to be eliminated.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission table Ordinance 2896 for thirty days.

Commissioner Beecher stated that there were eighteen issues that needed to be looked at, including enforcement. He added that he supported the sign code and there were items that needed to be clarified. He added that there was a lot of sign clutter. He suggested tabling it and taking the public input under advisement. He stated that the purpose of a public hearing was to receive input from the public before the Commission made decisions.

Commissioner Rosenbaum questioned the thirty days. He did not think there needed to be a time frame and suggested changing the time frame. Mayor Gray concurred with Commissioner Beecher.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9445, Relating to $5,005,000 Sanitary Sewerage System Revenue Bonds, Series 2005; Authorizing the Issuance and providing for the public sale thereof. Adopted.
6.
RESOLUTION 9445, RELATING TO $5,005,000 SANITARY SEWERAGE SYSTEM REVENUE BONDS, SERIES 2005; AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE PUBLIC SALE THEREOF.

Fiscal Services Director Coleen Balzarini reported that adoption of Resolution 9445 authorized the issuance of bonds in an amount not to exceed $5,005,000. The funds would finance Phase Two of the sanitary sewer line extension to serve the Agri-Business Park in the amount of $1,400,000, a lift station, also to serve the Agri-Business Park in the amount of $740,000, and a Co-generation Project at the Wastewater Treatment Plant in the amount of $2,450,000. Issuance fees, costs and reserves would also be paid out of this financing.

On November 16, 2004, the City Commission adopted Resolution 9429, authorizing reimbursement for the three projects financed by these proceeds. A cash flow analysis of the sanitary system utility indicated sufficient cash was available in the fund pending completion of the financing package.

Phase Two of the Agri-Park sewer line financing would allow for the extension of the sewer line under North River Road and parallel to 15th Street Northeast. At the top of the hill, approximately at the Electric City Speedway, the line would cross under 15th Street and continue east to the Agri-Business Park.

The Co-Generation Project at the Wastewater Treatment Plant would capture excess methane gas which was currently burned off and convert it into electricity and heat to be used at the plant.

International Malting Company (IMC) petitioned the City for annexation in order to acquire municipal water and sewer services necessary to its industrial facility. This sewer line and lift station would serve development within the Agri-Business Park and enhance the ability to attract new businesses to Great Falls. Phase One extended the sewer lines parallel to North River Road from the Wastewater Treatment Plant, under the Eagle Falls Memorial Bridge, behind the bulkhead of the Historic 10th Street Bridge. This phase was being done along with the River's Edge Trail project to minimize construction costs and disruption to the community and was being financed with existing sanitary sewer funds. IMC guaranteed a minimum volume of 1,000,000 gallons per day. The revenue generated from this would provide the necessary revenues to satisfy the related debt.

In March 2004, Veolia Water North America prepared a report to assist the City in evaluating productive utilization of the digester gas generated at the wastewater treatment plant in order to achieve less dependence on outside utility suppliers. This report concluded that installing a cogeneration system to capture the excess methane gas to produce heat and electric generation was feasible. It has been determined this project would pay for itself cost savings in operational utilities to the WWTP.

Herb Sobezcek, 121 11th Street Northeast, stated that he had a problem with where they were putting the manholes, and it would cause a drainage problem. Public Works Director Jim Rearden stated that they would take a look at the situation.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9445, relating to $5,005,000 Sanitary Sewerage System Revenue Bonds, Series 2005; Authorizing the Issuance and providing the public sale thereof.

Motion carried 5-0.
 

Ordinance 2897, Sell, trade or lease - personal property. Accepted on first reading and set final reading for January 18, 2005.
7.
ORDINANCE 2897, SELL, TRADE OR LEASE - PERSONAL PROPERTY.

Public Works Director Jim Rearden reported that Ordinance 2897 would add the following verbiage to OCCGF 3.04.070 Sell, trade or lease - Personal Property, item B "Or the City may place the item for sale on an internet auction site with an established minimum price".

Currently the City may sell, trade or lease any personal property by negotiation without advertising for bids, for any period of time, unless the value of the property exceeds $10,000, whereupon such sale must be made to the highest bidder.

The change in verbiage would allow the City to advertise items on line to obtain the maximum value for personal property.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission accept Ordinance 2897 on first reading and set the final reading for January 18, 2005.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

8.
9.
Total Expenditures of $3,024,265.06 for the period of December 15 through December 22, 2004, to include claims over $500, in the amount of $2,974,054.41. [ Staff Report 9 ]
10.
Contracts list. [ Staff Report 10 ]
11.
Set public hearing for January 18, 2005, for Resolution 9448. Assesses properties for Unpaid Sewer, Fire Hydrant, Storm Drain and Sanitation charges. [ Staff Report 11 ] [ Res. 9448 ]
12.
Set public hearing for January 18, 2005, for lease of park land to American Legion Baseball Programs. [ Staff Report 12 ] [ Lease Agreement ]
13.
Awarded sale of the former staff desk. [ Staff Report 13 ]
14.
Approved CDBG policies, and approve the 2005-2006 Community Development Block Grant funding priorities. [ Staff Report 14 ]

Clayton Braden, 1708 4th Avenue NW, wanted to know what desk was being sold. Assistant City Manager Cheryl Patton stated that it was the desk that replaced the Commissioners desk from the Chambers. Mr. Braden wanted to be sure it was not the desk that was especially made for the City. City Manger John Lawton stated that the desk that Mr. Braden was speaking of was currently being used in his office and he would be happy to show anyone that was interested in seeing the desk.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of January 4, 2005, adjourned at 10:55 p.m.


Mayor Randy Gray

Carolyn M. Horst, Deputy City Clerk

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


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