JOURNAL OF COMMISSION PROCEEDINGS
JANUARY 18, 1994

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL: City Commissioners present: Joan Bennett, Bob Deming, Vicki Everson, John Gilbert and Gayle Morris. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Planning, Finance, Parks & Recreation, Personnel, Fire Chief, and the City Clerk.

Ordinance 2662 rezones Lot 3, Block 1, Fox Farm Addition 2, from "C" Residence Use, "C" Area to "A" Residence Use, "A" Area District. The purpose of the rezoning is to fulfill a condition recently stipulated by the City Commission and the City/County Planning Board in approving an amended plat subdividing Lot 3 into two parcels.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Ordinance 2662. Mayor Morris declared the public hearing closed.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept the Application of 12 Zoning Factors labeled as Exhibit "E" and adopt Ordinance 2662 on final reading.

Motion carried 5-0.

In a report prepared by the City's independent consultant, Black and Veatch, it was recommended that a net rate increase of 3.3% for water and sewer funds be implemented in order to meet bond covenants. The structure of the increase is a 6% increase in water rates and fire hydrant charges and no increase in sewer rates. The increases would become effective on February 15 1994.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8601. Mayor Morris declared the public hearing closed.

Cheryl Patton, Community Development Director, proposed two amendments to Appendix C. She stated that the "Building Sewer Section" should be removed and that "Multi-family" classification should be incorporated into the Commercial rate structure.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8601 with the amendments to Appendix C.

Commissioner Deming stated that the City Commission did not want to just raise the rates. But, they needed to address 1) bond indebtedness; 2) wet year effects; 3) capital improvements; 4) inflation; 5) continued aging of the system; and 6) federal mandates.

Motion carried 5-0.

Ordinance 2661 rezones Lots 1 and 1A, Block 10, Community Hall Addition from Suburban Residence Use District to "MH" Mobile Home Residence Use District. The addresses for the currently vacant lots are 1540 and 1536 Third Avenue Southwest. The purpose of the rezoning is to allow the petitioners to sell the lots to parties desirous of placing a mobile home upon each parcel.

On January 4, 1994 a public hearing was conducted. Torian Donohoe, 1531 3rd Avenue SW, spoke in opposition. Colleen Budeski, 2127 1st Avenue SW, spoke in support.

Following discussion, the City Commission moved to postpone action on Ordinance 2661 because the City Commission had just received additional information from area residents who opposed the rezoning request and wanted more time to analyze it.

Commissioner Gilbert moved, seconded by Commissioners Everson and Deming, that the City Commission adopt Ordinance 2661.

Mayor Morris stated he would abstain due to a conflict of interest.

Commissioner Everson stated that the neighborhood is charming. She added that mobile homes can be good neighbors and that placing them in a neighborhood is not necessarily a detriment.

Commissioner Gilbert concurred with Commissioner Everson. He stated that according to the statistics only 27% of the neighborhood opposed the rezone, 9% was neutral and 64% supported the rezone.

Commissioner Deming stated that "affordable housing" is a major issue in Great Falls and by providing areas where mobile homes could be placed is one way the Commission could begin to address that problem.

Mayor Morris stated that the public hearing was already held. However, if people were in the audience and wanted to address the City Commission regarding this issue, they could do so at the end of the meeting. He added that they could request the Commission to reconsider their decision.

Motion carried 4-0-1 (Mayor Morris abstaining).

Resolutions 8607, 8608 and 8610 were adopted on December 21, 1993 for removal of Dutch Elm Diseased trees. It was discovered that the legal descriptions for the properties were incorrect, therefore it was necessary to take steps to correct the legal descriptions.

Resolution 8615 corrects the legal description provided in Resolution 8607. The correct legal should be: Boston & Great Falls Addition, B3, L14.

Resolution 8616 corrects the legal description provided in Resolution 8608. The correct legal should be: Black Eagle Falls Add, B29, L2.

Resolution 8617 corrects the legal description provided in Resolution 8610. The correct legal should be: Sunrise Terrace 2nd, B4, L27.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolutions 8615, 8616 and 8617.

Motion carried 5-0.

The property owner was notified by certified letter to remove a diseased elm tree within twenty (20) days. Arrangements were made by City Staff to remove the diseased tree from the property when the property owner did not comply with the request.

In September 1993, the property owner received an invoice and courtesy letter explaining the steps taken and requesting payment. The owner did not respond. Resolution 8618 provides for a lien to be placed on the property to recover the cost of removing the diseased tree.

The property is located at 519 7th Avenue South, GF Townsite, B474, L10. The owner is Glenna Masters who resides at 617 5th Avenue North. The amount of the lien is $295.00.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8618.

Motion carried 5-0.

In October 1993, City Staff and the Golf Advisory Board reviewed the golf fees and various options for change. Both concurred that the proposed increases outlined in Resolution 8619 are necessary to fund the needed capital improvements for the golf courses and requested the City Commission adopt Resolution 8619 prior to the 1994 golf season.

The proposed changes are as follows:

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8619.

Commissioner Deming stated that the Golf Advisory Board and the Park Board should be commended for their work in researching the proposed fee changes. However, after reviewing the fees, he proposed slight amendments to the proposed fee structure which would be more amenable to the golfing community.

Commissioner Deming moved, seconded by Commissioner Bennett that the Resolution be amended as follows:

Mayor Morris called for the vote on the amendment. The motion to amend Resolution 8619 carried 5-0.

Mayor Morris called for the vote on Resolution 8619 as amended. The motion carried 5-0.

Commissioner Gilbert stated, he too, appreciated all the work the Golf Advisory Board and the Park Board did to prepare the recommendations. He added that the responsibility of the City Commission is somewhat broader than that of the advisory boards and that the Commission is charged with protecting all Great Falls residents interests.

The Smoke Free designation is in compliance with Sections 50-10-101 to 50-40-206, MCA which pertain to the Montana Clean Air Act and "Smoking in Government Offices and Work Areas."

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8620.

Commissioner Gilbert asked the City Manager what the smoking policy was for the other City public buildings. City Manager, John Lawton, explained that the City does not have the same policy in the other City public buildings. However, he added, that the City does not allow smoking in areas open to the public or in common work areas. City Staff also responds to complaints. City employees are also offered incentives to quit smoking.

Commissioner Gilbert stated he is concerned for employees who share City vehicles with other employees who smoke. Mr. Lawton indicated Staff will research a policy that would address that issue.

Motion carried 5-0.

Mayor Morris enumerated the eleven (11) Consent Agenda items as follows:

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus items 10 and 11.

Commissioner Gilbert complimented Staff and the negotiating team for the IAFF #8 for the congenial solution to the contract negotiations.

Commissioner Deming praised those who worked on the revisions for the Architect/Engineer Selection Policy.

Motion carried 5-0.

Amendment 1 increases the estimated contract cost by $118,000 bringing the total contract cost to $478,000 and includes: 1) $81,200 for studies; 2) $283,600 for design preparation of contract documents and bidding; and 3) $113,000 for inspection and construction management.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that action on the Engineering Contract Amendment 1 be tabled until February 1, 1994 and that the City Commission requests the Public Works Staff to prepare a complete presentation regarding the amendment for the February 1 Work Session.

Commissioner Gilbert stated that the Commission had the opportunity to briefly discuss the amendment at the Work Session. However, the contract is complex and the engineering fees appear to be higher for this contract than for other contracts. He added that the City Commission wants to thoroughly understand the reasons for the unusually high engineering fees before taking action on the Contract.

Motion carried 5-0.

A goal adopted by the City Commission is to "Promote creative organizational change which responds to the needs of those we serve," and "Survey citizens to assist in determining current customer service levels, satisfactions and needs." In order to accomplish this goal, Staff proposed to contract with Intermountain SIR to conduct the survey.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission accept the contract with Intermountain SIR, in an amount not to exceed $7,470.00.

Commissioner Gilbert stated he would abstain due to a conflict of interest.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

City Manager, John Lawton, stated that he has great respect for the firefighters, IAFF #8 negotiation team and the negotiation team for City administration. He added that the negotiation for the firefighters contract was a long process and in the end, the taxpayers were the winners.

Mr. Lawton also reminded the City Commission of the goal setting session set for Thursday, January 20, 1994 beginning at 9:00 a.m.

On January 21, 1992, Commissioner Bob Deming was elected Mayor Pro Tempore for a two year term effective immediately. Because his term has expired, it is necessary for the City Commission to elect a fellow Commissioner to serve as Mayor Pro Tempore.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission appoint Commissioner Bob Deming to serve as Mayor Pro Tempore for a two year term effective immediately.

Commissioner Deming stated he would abstain.

Motion carried 4-0-1 (Commissioner Deming abstaining).

Steve Doherty, (1531 3 Ave SW), Lucille Lundin (owner of 1418 3 Ave SW), and Evenlyn Gianty (1539 3 Ave SW) spoke in opposition to the rezoning. They asked the City Commissioner to reconsider their vote regarding Ordinance 2661. Colleen Budeski spoke in support of the Ordinance. Mr. Myhre clarified is position to remain neutral.

It was the concensus of the City Commission not to reconsider their vote.

There being no further business to come before the Commission, the regular meeting of January 18, 1994, adjourned at 7:53 p.m.