1A. Aaron Weissman, Chair NC 7, thanked the City for the left turn bay at 6th Avenue South and 9th Street, and he requested additional patrols at night in the alleys behind Central Avenue.

1B. Sandra Guynn, Chair NC 4, reported that Commissioners Bronson and Jolly and Officer Noah Scott attended a recent NC meeting and explained the amended disorderly premises ordinance. After listening to all the speakers, no one spoke in opposition to the amended ordinance. Noah Scott also explained the zero tolerance policy regarding fireworks. Up to that date, no one in the neighborhood complained about firework noise. Ms. Guynn thanked the City for the traffic study on 10th Avenue North. NC 4 would like to see that road annexed. Ms. Guynn also reported that the County informed her that the Conservation Corps is supposed to be cleaning up the private property east of Bundi Gardens. She inquired who would respond if there was a fire. Fire Chief McCamley responded that he would meet with her for a more specific location. Ms. Guynn reported that the Home Place is not in compliance with County ordinances and had spoke with County Attorney Steve Bolstad. She learned that the property owner also owns property south of 5100 9th Avenue South. NC 4 is concerned this property will become another Home Place situation. She thanked Pat Halcro for a map he created for the council that set forth the city/county boundaries.

City Manager Gregory T. Doyon reported that there are two, and possibly three, proposed amendments to this ordinance. The first amendment adjusts the ordinance so that the premises becomes disorderly after the fifth call in a 30 day period. That mechanism allows the City to properly notify the owner after the third incident and gives them time to remedy and take care of issues on the property. The second adjustment is in regard to the actual penalties. The recommendation is that the criminal aspect be removed and that it would be a civil fine in penalty only. The third item is in regard to domestic violence calls. Mr. Doyon offered the amendment be included under 8.48.020 definitions, wherein police calls determined to be the result of a domestic violence incident shall be excluded from the provisions of this ordinance.

Mayor Stebbins asked if the Commissioners had any questions or if City Attorney Dave Gliko had any comments.

City Attorney Dave Gliko responded that he had no objection to what Mr. Doyon suggested regarding the domestic violence language change.

Commissioner Jolley inquired about the notification requirements. Mr. Gliko read the notice provisions and explained the requirements.

Commissioner Bronson moved, seconded by Commissioner Beecher, that the City Commission amend Ordinance 3009 to require a warning notice after a premises has been visited three times within 30 days by the police and, after five such visits within 30 days, the premises may then be designated a disorderly premises. Further, to amend Ordinance 3009 to provide the exclusion for domestic violence in Section 8.48.020 as discussed by the City Manager and, finally, to provide for a fine as a penalty for violating the ordinance with no incarceration.

Mayor Stebbins asked if there was any further discussion amongst the Commission. No one responded.

Mayor Stebbins asked if there were any comments from the public.

Aaron Weissman, Chair NC 7, 315 4th Avenue North, thanked City staff for this ordinance that addresses crime problems. Mr. Weissman commented that the amendments make the ordinance better, but changing it to five visits in 30 days doesn’t address the realtors’ or neighbors’ problems. He believes 30 days is too short a time frame.

Jim Dea, Co-Chair of Political Affairs Committee for the Great Falls Association of Realtors, submitted proposed amendments for the record on behalf of Rhonda Wiggers.

Raye Lind, Upscale Properties Management, 1125 2nd Avenue North, Suite 9, commented that she is concerned about notification to owners who live in Canada or out of state. She explained that, when she was considering taking over an apartment complex, she called the Police Department for general information about complaints at the property and was told she could not be told anything because it was a privacy violation. Before the owner is fined, she is concerned about getting notice to the property manager. Mayor Stebbins responded that one of the provisions of the ordinance is to notify the owner, owner’s agent or person responsible for the premises which would be the property manager. Ms. Lind inquired how the City would find out who the property manager was. Mr. Doyon responded there are various ways of finding out a property owner utilizing existing information. If the property owner resides out of country the City will exercise discretion in tracking down that person and understands the process in terms of compliance. There are a multitude of ways to find out the responsible party.

Gary Hackett, 3912 18th Avenue South, landlord of three properties that include 24 apartments in those three locations. One apartment is the Hastings Apartment on Central Avenue. He would like to see additional police officers in the area. Mr. Hackett has concerns about the penalty of the ordinance and believes the fines should go to the tenants. He agrees with the provision of notifying the landlord. He provided an example about a tenant selling drugs. From the time the landlord starts seeing problems with the tenant and the time it takes to get them out, the landlord will get a fine even working at the fastest rate possible. Mr. Hackett suggested changing the Montana Landlord Act.

Ron Gessaman, 1006 36th Avenue N.E., commented that the ordinance, as amended, still does not address sound emanating from within a structure that is audible outside a building. He believes there is a problem with the wording that says “dispatched to said premises” and “after three visits.” To him, those are two different things. Mr. Gessaman inquired if a database would be created for the dispatches and visits and, if so, who would have access.

Mr. Doyon responded to concerns regarding not allowing for due process. There is a process for notification, and a process for which the City will meet with the property owner to discuss what is going on at the property that provides an opportunity for the property owner to take action prior to the City even seeking the fines. Even if it is a totally non-compliant situation and meets the threshold of disorderly, there is due process associated with being summoned to Court to make one’s case in a court of competent jurisdiction. This ordinance does not dismiss any potential criminal charges or issues that an officer may find when they go to a property. The officer uses his discretion at the time of the incident whether or not to cite somebody. The ordinance will take some time to get up and running to get the officers and dispatchers properly trained. The police officers will keep a separate log. Someone in the administration at the Police Department will review the log on a regular basis to see if the incidents meet the criteria and threshold, and then the City will send out a letter. It is not the spirit of the ordinance to seek a civil fine against someone that is actually cooperating with the City.

John Hubbard, 615 7th Avenue South, commented that this ordinance is double jeopardy fining the tenant and the property owner. The City is making a policeman out of the landlord.

Mayor Stebbins closed the comment period and asked for the direction of the City Commission.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Bronson, that the City Commission reschedule the second reading on Ordinance 3009 and the public hearing thereon for July 15, 2008.

Mayor Stebbins asked if there was any discussion amongst the Commission or comments from the public. No one responded.

Motion carried 5-0.

Planning Director Ben Rangel reported that Taylor Land Partnership LLP and 5 lot owners have submitted an amended plat and rezoning request. Their interest is to add a 40 foot wide strip of land to the rear of 5 residential lots in Taylor Addition. The additional strip of land will serve as a private access easement to the rear of the lots. The lots are located in Southeast Great Falls along 13th Avenue South, between 39th and 43rd Streets.

On June 3, 2008, the City Commission set a public hearing for this evening. After conducting a joint public hearing, Mr. Rangel requested that the City Commission approve the Amended Plat and Findings of Fact and to adopt Ordinance 3008, which would rezone the 40 foot wide strip of land from C-2 General commercial to R-2 Single-family residential zoning.

The City Planning Board/Zoning Commission unanimously recommends Commission approval.

Commissioner Jolley moved, seconded by Commissioner Beecher, that the City Commission approve the Amended Plat of Lots 1-5, Block 1, Taylor Addition, and Lot 1A, Block 1, 3rd Supplement to Rice Tracts and accompanying Findings of Fact.

Mayor Stebbins declared the public hearing open. No one spoke in favor of or opposition to the Amended Plat and Ordinance 3008.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Bronson, that the City Commission adopt Ordinance 3008.

Mayor Stebbins asked if there was any discussion amongst the Commission or comments from the public. No one responded.

Motion carried 5-0.

Community Development Director Mike Rattray reported that on June 4, 2008, City staff conducted a bid opening for the sale of Lot 3F of Medical Tech Park. One bid was received from SBC Archway in the amount of $242,615. That equates to $4.25 per square foot and is the appraised value of the land. Staff recommends approval of the sale.

Commissioner Jolley moved, seconded by Commissioner Bronson, that the City Commission approve the sale of Lot 3F of Amended Plat of Lot 3, Medical Tech Park to SBC Archway IV, LLC, in the amount of $242,615.

Mayor Stebbins declared the public hearing open. No one spoke in favor of or opposition to the sale of City property, Lot 3F of Amended Plat of Lot 3, Medical Tech Park.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Motion carried 5-0.

Community Development Director Mike Rattray reported that approval of Resolution 9754 will place a lien in the amount of $28,700 on the property located at 209 2nd Avenue North as a result of a condemnation action taken by the City building official.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9754.

Mayor Stebbins declared the public hearing open. No one spoke in favor of or opposition to Resolution 9754.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.
Commissioner Bronson asked Mr. Rattray why Shumaker Trucking’s permit was revoked. Mr. Rattray answered that the owner authorized Shumaker Trucking and Excavating to do the demolition work on their behalf. Shumaker obtained a permit, but then the owner would never authorize them to proceed with the demolition. After an extended period of time, City staff had to take over the project.

Motion carried 5-0.

Planning Director Ben Rangel reported that there are 93 separate parcels of land comprising two utility corridors within Henderson Heights and North Riverview Terrace Additions that are located outside the City limits and are entirely surrounded by the incorporated area of the City. One of the parcels is owned by the City of Great Falls. It has been City Commission interest, for some time, to annex these types of unincorporated enclaves into the City.

Resolution 9756 is a resolution of intention that sets the public hearing for August 5, 2008, to consider annexation of 92 separate parcels of land comprising the unincorporated portion of two utility corridors.

Resolution 9757 is a resolution of intention that sets the public hearing for August 5, 2008, to consider annexation of a parcel of governmental land within the unincorporated utility corridor adjacent to Sacajawea School and Sacajawea Park.

Ordinance 3010 is provided for first reading and for setting public hearing for August 5, 2008, to consider the assignment of City zoning on the referenced corridors.

Commissioner Bronson recused himself from discussions or voting on matters pertaining to Resolution 9756 and Ordinance 3010 for the reason that he owns one of the 92 affected parcels.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9756 showing intent to annex 92 separate parcels of land comprising the unincorporated portion of two utility corridors.

Mayor Stebbins asked if there was any discussion amongst the Commission or comments from the public. No one responded.

Motion carried 4-0. (Commissioner Bronson recused himself.)

Commissioner Jolley moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9757 showing intent to annex a parcel of governmental land within the unincorporated utility corridor adjacent to Sacajawea School and Sacajawea Park.

Mayor Stebbins asked if there was any discussion amongst the Commission or comments from the public. No one responded.

Motion carried 5-0.

Commissioner Jolley moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 3010 on first reading and set a public hearing for August 5, 2008, to consider adoption of Ordinance 3010.

Mayor Stebbins asked if there was any discussion amongst the Commission or comments from the public. No one responded.

Motion carried 4-0. (Commissioner Bronson recused himself.)

Planning Director Ben Rangel reported that Cascade County has submitted an application to subdivide a three acre lot into two parcels. The lot is located in South Great Falls near the intersection of 17th Avenue South and Benefis Court. Aging Services of Cascade County proposes to build a six bay bus barn and offices on one of the parcels.

Mr. Rangel requested the Commission approve the Amended Plat, Findings of Fact and Agreement.

The Planning Board unanimously recommends Commission approval.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, to approve the Amended Plat of Lot 4A, Block 1, Benefis West Minor Subdivision, Findings of Fact and Agreement.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Mayor Stebbins asked if there were any inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, to appoint Mary Brinkley to the Library Board to fill the remainder of a five-year term through June 30, 2012, and reappoint Bunny Albers to a five-year term through June 30, 2013.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or any inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, to appoint Bob Milford to a three-year term through April 30, 2011, to the Historic Preservation Advisory Commission.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or any inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Jolley moved, seconded by Commissioner Beecher, to appoint Christina Barsky to the Advisory Commission on International Relationships for a three-year term through March 31, 2011.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or any inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Jolley moved, seconded by Commissioner Beecher, to appoint Michelle Wood to the Mansfield Center for the Performing Arts Advisory Board to fill the remainder of a three-year term through December 31, 2010.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or any inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, to reappoint John Chase to a three-year term through December 31, 2010, to the Cascade County Conservation District Board of Supervisors.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or any inquiries from the public. Richard Liebert, 289 Boston Coulee Road, highly endorsed John Chase. He also asked the Commission to appoint more people to the Cable 7 Board in the future.

Motion carried 5-0.

City Manager Gregory T. Doyon commented that, at the next ribbon cutting at a pool, he will wear shorts so he can be thrown in, and that it was nice to see everyone having a good time. He reminded everyone about a FEMA meeting scheduled July 2, 2008, from 11:00-1:00 regarding a discussion on the levies west of town. Patty Rearden reminded everyone that Saturday, July 12, the City will host the fifth annual RiverFest. She provided an overview of all the events. It is free to the public with the exception of food and beverages.

Mayor Stebbins commended City staff for planning RiverFest and reminded everyone to keep hydrated.

Mayor Stebbins opened the meeting to Petitions and Communications.

There being no further business to come before the Commission, Commissioner Bronson moved, seconded by Commissioner Beecher, that the regular meeting of July 1, 2008, be adjourned at 8:55 p.m.

Motion carried 5-0.

Minutes Approved: July 15, 2008