PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9463 annexes Beebe Tracts 11-1 and 11-2 and unincorporated segments of Central Avenue and 46th Street. He added that upon annexation, Ordinance 2904 assigns a zoning classification of "C" Residence Use, "C" Area District, to it. The property is located along the north side of Central Avenue between 44th and 46th Streets. The owner/developer intends to construct seven duplex condominium structures (14 total residential units) on the western portion of the property and a 12-plex apartment building on the eastern portion.

On October 26, 2004, the Planning Board conducted a public hearing and at its conclusion recommended the City Commission annex the property subject to the applicant fulfilling the following conditions: pay all fees; final engineering approval by the Public Works Department; the applicant sign an annexation agreement; and a financial surety established in the name of the owner/developer and City to cover the proportionate share of the costs.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9463 or Ordinance 2904. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9463 and approve the annexation agreement related to Beebe Tracts 11-1 and 11-2.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2904.

Motion carried 5-0
 

Planning Director Ben Rangel reported that Resolution 9467 annexes Whispering Ridge Addition, Phase 4, and three unplatted parcels comprising the westerly 50 feet of a power easement in the SE1/4 of Section 17, T20N, R4E, P.M.M., Cascade County, Montana. Ordinance 2906 assigns a zoning classification of "A" Residence Use, "B" Area District to it. A power easement, to be simultaneously annexed to the City, is located between Mountain View Terrace, Sections 1 and 2, and the area being subdivided and platted as Whispering Ridge Addition, Phases 4-6.

On November 25, 2003, the Planning Board held a public hearing and at its conclusion recommended the City Commission assign the recommended zoning classification subject to the following conditions: applicant signs an annexation agreement; pay all fees; any errors or omissions be corrected; and final engineering documents approved.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9467 or Ordinance 2906. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9467 and approve the final plat and annexation agreement all related to Whispering Ridge Addition, Phase 4.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2906.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Ordinance 2903 rezones Lot 1, Block 1, Jewel Addition, from 1st Industrial, "D" Area District, to "PUD" Planned Unit Development District. Lot 1 is 90 acres in area and is presently occupied by the Emerald Greens Golf Course.

On June 10, 2003, the Planning Board conducted a public hearing and at its conclusion passed a motion recommending the City Commission approve the amended plat, subject to the following conditions: dedication or deed to the City for sufficient right-of-way for American Avenue between 6th and 14th Streets Southwest, the City be provided or be included in an easement for the right-of-way corridor; correcting any errors or omissions; preparation of a certificate of title by a title company to be filed with the Amended Plat; and entering into an improvements agreement.

Mayor Gray declared the public hearing open. Speaking in support of Ordinance 2903 was, Arvid Johnson, 301 16th Street Southwest, who stated that he was concerned about 16th Street Southwest if the Ordinance passed. He added that the road was unpaved and with the extra traffic it would cause a problem to the residents in that area.

Planning Director Ben Rangel stated that based on a traffic study most of the traffic would use American Avenue as a through street rather than 16th Street Southeast.

Mr. Rangel invited Mr. Johnson to the City-County Planning office to review the information used to base this conclusion. Mr. Johnson stated that he opposed the Ordinance.

Commissioner Jovick-Kuntz asked if American Avenue was owned by Burlington Northern, and she also stated that 16th Street Southwest was in bad condition. Planning Director Ben Rangel stated that there were conditions incorporated into Ordinance 2906 including an easement that had to be completed or the Ordinance would be invalid.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2903 and approve the amended plat of Lot 1, Block 1, Jewel Addition, the Improvements Agreement and Findings of Fact, all related to the Emerald Greens Planned Unit Development, subject to fulfillment of conditions stipulated by the City-County Planning Board.

Commissioner Beecher asked who maintained the easement/roads. Planning Director Ben Rangel stated that the City would maintain the easement and 16th Street Southwest once the Ordinance was adopted and all conditions were met.

Motion carried 5-0.
 

Fire Chief Randy McCamley reported that by state law, municipalities must adopt local fire codes that meet the minimum standards that the state adopted. The City was allowed to adopt stricter requirements, but could not adopt more lenient codes. The state adopted the 2003 edition of NFPA 1 Uniform Fire Code.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2905. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2905.

Motion carried 5-0.
 

Community Development Director Mike Rattray reported that the owner of the property at 602 7th Street North, was issued a "Notice of Hearing" before the City Commission to appear at 7:00 p.m., April 5, 2005. The purpose for the hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing and cleanup of the structure.

Mayor Gray declared the public hearing open. Speaking against Resolution 9468 was Clayton Braden, 2708 4th Avenue Northwest. He asked if the taxes were refunded once the structure was razed and if the owner was notified. Community Development Director Mike Rattray stated that they do not rebate the owner the taxes once the structure was razed. Mr. Braden stated that his point was that the taxes were still collected. No one spoke in support. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9468.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Resolution 9472 vacates 23rd Street South, as dedicated on the original plat of the Medical Tech Park Subdivision. The Amended Plat rededicates 23rd Street South in a straight alignment and reconfigures the two lots (Lots 1A and 1B) owned by Centene Corporation.

On January 11, 2005, the Planning Board held a meeting and passed a motion recommending the City Commission approve the vacation, and the Amended Plat and the Findings of Fact, subject to any errors or omissions on the amended plat being corrected.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9472. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9472 and approve the amended plat of Lots 1 and 5, Block 1, Medical Tech Park Subdivision and the accompanying Findings of Fact.

Motion carried 5-0.
 

Fiscal Services Director Coleen Balzarini reported that on January 14, 2005, staff received a request from Centene Corporation, the first tenant of the Medical Technology Park, to begin processing a special improvement district. This financing would improve offsite infrastructure including roadways and utilities in the area. The total cost of the improvements was $1,100,000. Centene and the Great Falls Port Authority, the benefiting property owners, are financially responsible for these improvements. The construction is set to begin May 1, 2005, and the Centene building was scheduled to be occupied August 1, 2005.

The adoption of Resolution 9469 would create SID 1301, which would fund roadway, storm drainage, sewer, and water utility improvements in portions of 26th Street South and 23rd Street South. Two (2) property owners were involved with this SID. On March 15, 2005, the Commission adopted Resolution 9457, Intent to Create SID 1301. The Notice of Passage of Resolution of Intent to Create SID 1301 was mailed to the two property owners within the district on March 16, 2005. On March 20 and 27, 2005 the notice was also published in the Great Falls Tribune setting April 5, 2005 as the date of the public hearing for its creation. The City Clerk had not received any protests.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9469. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9469, creating SID 1301.

Motion carried 5-0.
 

CDBG Administrator Katrina Stark presented recommendations for the use of Federal Grant Funds. The recommendations were:

Mayor Gray declared the public hearing open. Speaking in support of the CDBG/HOME recommendations were: Nancy Wilson, stated that she supported the CDBG/HOME recommendations and the funding that was recommend for the Meals on Wheels program. She added that the program added thirty-one new seniors, and with gasoline prices going up and more people participating in the program, they really needed the block grant dollars.

Sheila Rice, Neighborhood Housing Services, 913 3rd Avenue North, stated that CDBG and HOME Grant Funds were very important to Neighborhood Housing Services and with the contributions it allowed them to continue their services. She thanked the Commission and staff for 25 years of service and she also handed them a booklet representing the past 25 years of projects that had been completed through the CDBG/HOME grants.

Audrey Finlayson, 3721 3rd Avenue South, Neighborhood Council 4, Retired Senior Volunteer Program, stated she supported anything the Commission could do to fund for Senior Services, Meals on Wheels, and Neighborhood Housing. She added that they partner with these agencies and several other organizations that were set to receive funding and encouraged the Commission to support the recommendations.

Mr. John Stevenson Love, Upper/Lower River Road Water and Sewer District Board, thanked the Commission for the grant funds for Phase 1 and for the upcoming Phase 2 of the water project. He encouraged the Commission to support the recommendations.

Kris Kleinschmidt, 2112 4th Avenue South, representing Accessible Space, thanked the Commission for funding the Portage and South Winds projects in the past and thanked the Commission for consideration for the upcoming projects.

Susan Hubbard, Indian Family Health Clinic, 501C3 non-profit corporation, stated they submitted several proposals to the CDBG and that they were in opposition to the proposed recommendation because they did not benefit the community. She reviewed the services the clinic provides. She stated that this was the Clinic's second request for funding and they have not received any. Ms. Hubbard invited the Commission, staff and the general public to visit and see the good work that they do. They are located at 1200 Central Avenue Suite 1B.

Dale Schwanke stated that he was on the committee that reviewed CDBG funding applications and helped with the recommendations to the City Commission. He added how difficult it was to weigh the entire requests and added how this process was an "eye-opener" for him.
 

OLD BUSINESS

Assistant City Manager Cheryl Patton reported that the Sign Code Committee recommended Ordinance 2896 as amended. This ordinance would 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 would become Chapter 60 of title 17 in 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 prevention of damages caused by distractions of motorists; to provide a code that is readily understood; and to provide binding code implementation and enforcement.

Changes had been made to Ordinance 2896 by the Committee after considering comments heard at the public hearing on January 4, 2005. The major changes to the existing sign regulations were summarized in the agenda report.

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, 2015. A Grandfather Exemption was added since January 4, 2005. Such exemption would allow registered signs to continue in perpetuity as long as they were properly maintained and did not change in copy or structure. The Committee recommended the City initiate an "incentive program" to encourage compliance with this code if financial resources were available.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission remove from the table and adopt Ordinance 2896 as amended.

Mayor Gray stated that the motion put the issue in front of the Commission for discussion.

Commissioner Rosenbaum moved to further amend the Ordinance 2896 by changing the fee amount for the Grandfather Exemption to read "$50 for each premise and $10 for each sign" which would reflect more the actual cost of processing and clerical work to file the Grandfather Exemptions.

Motion died for lack of a second.

Mayor Gray suggested making the motion to remove from the table and that would put it back on table for discussion and then a motion to amend the Ordinance previously proposed.

Commission Beecher moved, seconded by Commissioner Hinz, to rescind his first motion and to remove Sign Code Ordinance 2896 from the table.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, to further amend Ordinance 2896, under the fee structure to be "$50 for per premise and $10 per sign", for Grandfather Exemptions.

Mayor Gray asked for public comments on the revised Sign Code along with Commissioner Rosenbaum's motion to revise the Grandfather Exemption fee.

Cal Eklund, 167 Woodland Estates, representing Elkunds, asked for clarification regarding changes to the signage, specifically pertaining to the grandfather clause and what triggered a sign replacement. Assistant City Manager Cheryl Patton responded that wall signage was set to ten percent, and any new signs would have to comply. In multi tenant premises of the wall face, businesses would not be prohibited from replacing a sign. She added that the freestanding pole signs provided for businesses to change an individual sign name for one business at any time. She stated that Community Development agreed that they would not be required to change out the entire sign just to replace a business identification portion of a pole sign.

Mr. Eklund asked if a business had multiple signs in front of the building and one of the tenants moved out, could the sign be changed. Ms. Patton replied that signs could be changed but the ten-percent wall area rule would have to be followed. Mr. Eklund also asked, if he grandfathered the signs, would the grandfather exemption be voided on all signs once he replaced one of them. Ms. Patton stated that if he grandfathered each sign, seperately he could change one without losing the grandfather provision on all the signs. She also stated that the grandfather provision allowed the sign to go in perpetuity as long as the sign did not change. However, she added that on the pole signs if a change was made to an individual tenant name the grandfather provision would remain in place.

Lee Lewis, 222 Riverview 1E, owner of Central Signs, stated that the new sign code didn't stand on its own and left too much open for interpretation by the City staff. He also stated that it infringes on private property rights. He added that the new sign code requirements for billboards would increase cost and would put him out of business.

Melody Brown, Great Falls Association of Realtors, 1019 9th Street South, stated that they opposed the sign code. Ms. Brown stated that the sign code infringed on private property rights.

Robert Alfred, 2601 26th Street South, stated that the new sign code had issues that needed to be worked out. He also expressed concern regarding losing property rights. He supported the proposal of elimination of casino signage. Mr. Alfred petitioned the Commission to minimize the casino signs in the City.

Clayton Braden, 2708 4th Avenue Northwest, asked if a person sold their own house, were they allowed two signs and could the signs be located on two different sides of the property. He also asked about the allowance of roof signs. Assistant City Manager Cheryl Patton stated that home-owners are allowed two signs and that they can be on the frontage of the home or placed on the side of the home. She added that the roof signs were allowed, but only halfway up the ridge of the roof.

George Gallagher, 4701 Willowdale Lane, stated that he apologized to the Commission for using the term "sham" in the Tribune. He suggested enforcing the old code and revising it as needed.

Larry Hannah, 4619 Wilkinson Lane, stated he opposed the new sign code because it infringed on property rights.

Paul Dennehy, stated that he concurred with Mr. Lewis regarding the billboard requirements.

Arthur Vender, 1606 8th Avenue South, business location 514 2nd Avenue South, stated that the sign code should have been brought up at every neighborhood council and that there would have been more public input.

John Angry (unknown if this is his real name) stated that his friends who own businesses believed the new sign code would infringe on their businesses.

Stuart Lewin, 615 3rd Avenue North, thanked the Committee for increasing Riverfront Corridor District and then concurred with Mr. Gallagher and suggested tabling the Ordinance.

Greg Smith, 104 2nd Street South, Suite 101, stated that advertising was freedom of speech according to the 1st Amendment and that forcing businesses to leave out gambling language was asking for a lawsuit against the City. He also added that the new Sign Code Ordinance intruded on individual liberties.

Mike Mader, 2407 Central Avenue West, stated that he was concerned about signage for his fireworks stands. He added that the signage for his business was very important. Without being able to display the banners and signs he would not be able to promote his stands.

Aspen Northerner, 512 4th Avenue Southwest, stated that the allowance on signs should be equally applied to each business. She also stated that she opposed the grandfather clause. She added that it was a waste of the Sign Committee's time to rid of community of ugly signs. She also stated that with the grandfather clause it would not change the way our City looked.

Gloria Smith, 8 Cheyenne Drive, stated that if something was not done regarding signs it would affect homeowner's property rights and that everyone needed to work as a team.

Brett Harris, 4113 Ella Avenue, representing Kentucky Fried Chicken, thanked the Sign Code Committee for all their hard work. He added that with the new sign code he would not remodel his restaurants due to the cost of changing the existing signs.

Lori Cox, Vaughn, MT, representing the Montana ExpoPark, stated that the Montana ExpoPark brought in $3 million for the basketball tournament in Great Falls. She added how important it was for the ExpoPark to be able to have banners that advertise the sponsoring business. She stated that whatever the Commission decides would make a difference for the businesses regarding their personal property.

John Hayes, 619 Carol Drive, stated that staff needed to meet with business owners and work out issues that needed to be addressed.

Kendra Owens, El Paso Drive, presented the Commission with a sign from their business that was in noncompliance with the Sign Code. They were given a warning that the sign did not meet the current sign code requirements and that they would be charged with a misdemeanor if the sign was not taken down. She added that appearance and quality matters when it comes to the signs. She had concerns about the billboard industry, Billboard Free Zones throughout Great Falls and that the City could be opened for new billboards. She stated that some communities have tough billboard restrictions and that it was time to prune our City and not allow any more billboards.

Dawn Marsh, owner of Lucky Stars, recently purchased Sign Pro, stated that just from listening to the feedback from people, there were too many issues that needed to be worked out before passing the Ordinance.

Martin Jacob (inaudible last name), 304 5th Avenue South, stated that beauty was in the eyes of the beholder. He stated that the City needed to define what the City considered to be beautiful and remove the signs that did not fit the definition and reimburse the property owners of their loss of personal property.

Mayor Gray asked for discussion among the Commissioners. Commissioner Jovick-Kuntz asked if the Grandfather Exemption was legal. City Attorney Dave Gliko stated that the sign code falls within the foundation of the Ordinances passed to protect the health, wealth and safety of the community. He added that any provision in the code must meet that test. He also added the Grandfather Exemption should be viewed as a non-conforming use provision. The signs have to be maintained or the right to "in perpetuity" would end. He added that when businesses change over the years the content of the sign would have to change which means the right to "in perpetuity" would be lost. In spite of the language used, the result of that provision would be to see the tall signs eliminated over a period of time.

Commissioner Beecher stated that he supported Commissioner Rosenbaum's amendment. The fee was to cover administrative cost and not to raise revenue. He added that it was a one-year fee and anyone who applied for the Grandfather Provision had until July 2006 to apply.

Commissioner Rosenbaum stated that, from the discussion, there were nineteen "no's" and "one maybe." He added that with the questions that had been brought up there appeared to be a need for clarification. He supported the enforcement element which could be applied to the existing sign code.

Commissioner Hinz stated that one of the items not addressed was "clutter." She added that banners and temporary signs were not addressed in the existing code. She also stated the Grandfather Exemption did not appeal to her. She concluded, stating she was not ready to adopt the Ordinance.

Commissioner Jovick-Kuntz stated she supported the revised Sign Code and that it was a working document. She added that the City hired staff to enforce the new Sign Code.

Commissioner Beecher stated that he agreed with Commissioner Jovick-Kuntz, that the Sign Code took the City to a higher level and there was a process to amend it. He added that the City would never get a Sign Code that satisfied everyone and this new code would take the City in the right direction.

Mayor Gray stated he supported the motion and that the Ordinance had raised a level of awareness in the community. He added that with new staff the City would enforce the code and that the code can be revised. He also stated that the Ordinance should not be passed just because it had been worked on for long time. It should be passed because it was generally moving in the right direction and accomplishing what the community wanted.

Commissioner Hinz asked for legal clarification on the issue of non-conforming signs diminishing the owner's ability to sell their property.

City Attorney Dave Gliko stated that he did not have any experience with the difficulty or opportunity in property transactions sold that included signs. The non-conforming nature of the sign meant that the sign was in jeopardy for continuance should the Ordinance trigger its removal.

Motion to amend carried 4-1. (Commissioner Hinz dissenting).

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, to adopt the Ordinance 2896 as amended.

Motion carried 3-2. (Commissioners Rosenbaum and Hinz dissenting).
 

NEW BUSINESS

Resolution 9470 sets a public hearing for May 3, 2005, to consider annexation of Beebe Tract 35B and an approximate 670 foot segment of 57th Street North. Ordinance 2907 assigned a zoning classification of "GC" General Commercial, "D" Area District to subject property upon annexation.

On September 14, 2004, the Planning Board conducted a public hearing and at its conclusion, passed a motion recommending the City Commission annex and zone the property, subject to the following conditions: applicant pay all fees and sign an annexation agreement.

Mayor Gray asked for public comment. Bob Stubbs, Neighborhood Council 4, 5501 7th Avenue South, recommended the Commission approve the annexation and zoning.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Resolution 9470.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2907 on first reading and set a public hearing for May 3, 2005, to consider adoption of Ordinance 2907.

Motion carried 5-0.
 

Ordinance 2908 assigned a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 11, upon annexation to City. The development consisted of 17 single-family residential lots and segments of 2nd and 3rd Streets NE and 37th and 38th Avenues NE.

On March 26, 2002, the Planning Board held a public hearing on the proposed rezoning, and at its conclusion, recommended the City Commission assign the recommended zoning classification.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2908 on first reading and set a public hearing for May 3, 2005, to consider adoption of Ordinance 2908.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

BOARDS & COMMISSIONS.

Derek Didriksen was appointed as an Alternate Member to the Design Review Board April 2, 2002, for a three-year term which expired March 31, 2005. Mr. Didriksen was not interested in reappointment. Martin Byrnes was appointed as an Architect Member to the Design Review Board on April 2, 2002, for a three-year term through March 31, 2005. Mr. Byrnes was eligible for and interested in reappointment. Duane Walker did not meet the residency requirement for this Board.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Ronald L. Yates and reappoint Martin Byrnes as an Architect Member to the Design Review Board for three-year terms through March 32, 2008.

Motion carried 5-0.
 

Mr. Robert McPherson was originally appointed as a representative on March 20, 2001, for a three-year term through March 31, 2004. Mr. McPherson was reappointed on March 16, 2004, for a three-year term through March 31, 2007. Mr. McPherson recently passed away. Therefore, it was necessary to appoint one new member as a representative.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint John B. VanHorn as an at-large representative to the Golf Advisory Board to fill the remainder of a three-year term expiring March 31, 2007.

Motion carried 5-0.
 

NEIGHBORHOOD COUNCILS.

ADJOURNMENT