JOURNAL OF COMMISSION PROCEEDINGS
MARCH 15, 1994

Regular City Commission Meeting

Mayor Gayle Morris Presiding

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, Assistant City Attorney, Directors of Community Development, Public Works, Planning, Police Chief, Fire Chief, Personnel, Assistant Finance Director, and the City Clerk.

On February 15, 1994, Mr. Lawton, City Manager, reported to the City Commission on the proposal to re-create the Transit Board District. He stated that all parties involved have indicated they would not oppose the idea. He added that the purpose for the re-creation is to raise visibility of the District and the Transit Board and to enhance the cooperation between the District's operation and local government.

The re-creation of the Transportation District Board for the operation of the Great Falls Transit District will improve the public awareness of the Transportation District Board which has been low in the past. The Transportation District Board is responsible for a single function. Despite attempts by the Transit District Board to publicize its activities, the positions and the District are not well known and often interest in running for these positions is not great. Since the Transportation District Board operates without much public awareness, it has received little public input. The Transportation District Board has the power to levy taxes. Therefore, the public needs to be more aware and have more input into the decisions which the Board makes concerning the public tax dollars.

Mayor Morris declared the public hearing open. Those speaking in opposition to Resolution 8627 were as follows: Paul Eastman (209 Riverview Ln), Chairman of the Transit District, stated that he would like the Board involved in the selection of the new board members. He asked the City Commission to create a smaller board of five members rather than seven and that the board be elected not appointed. He added that currently the services are great and fulfill a community need. Mr. Eastman stated that the Board just completed the "Transportation Development Program" which is a five-year plan for the operation of the Transit District. He offered the City Commission copies. He highlighted several portions of the plan including some results of a survey conducted regarding ridership.

Bill Hunter (representing United We Stand), stated that the proposed creation of the board was taking away the voters right to choose. He added that it is a good idea to enlarge the board, but it should be elected, not appointed. He added that people want to be heard, not circumvented.

Sam Robertson (1716 19 Ave S and Transit District Board member), provided a brief history on the legislation that allowed cities and counties to restructure the board. Following, he stated that because Federal money is used to purchase the buses, the Transit District must follow the Federal mandates. He reminded the City Commission that the voters elected to have a Transit District and a bus system and that the voters choice should not be taken away.

M.E. Thompson (1513 3rd Westhill) asked how much more will the seven member board will cost the taxpayers as compared to the three member board. Commissioner Gilbert responded stating that the board members would be unpaid. Mr. Thompson continued stating that the City Commission should not be allowed to appoint the Transit District members because they "have a bad track record."

Bill Ryan (HD 38 Representative) stated that the legislation allowing cities and counties to restructure Transit Districts was introduced by a Missoula person because no one ran for the elected positions in Missoula. He continued, stating, that Great Falls does not have that problem. He suggested that if the Transit District is working, to leave it alone. He added that the people have the right to elect the board, don't take that right away.

Those speaking in support of Resolution 8627 were as follows: Ray Walters (2223 8th Avenue North), stated that the Transit District is an important board; that an expansion of the board would offer better representation; that the board could use the full administrative resources of the City and the County; and that it was time to take the politics out of the District.

There being no one further to speak in opposition to or in support of Resolution 8627, Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8627.

Commissioner Everson stated that voting is an important right but getting involved is also critical. She stated that the re-creation of the Transit District would provide a new opportunity for involvement and that she cannot visualize how this could hamper community input.

Commissioner Bennett stated that the same high interest in being appointed to a board is not demonstrated with elected offices.

Commissioner Gilbert stated that the City Commission does not want to take over the Transit District. He added that the goal is to improve accountability. He stated that since he has been on the City Commission he has had to appoint two, possibly three, members to the District. He said that there will be no additional cost to the taxpayers, that the Transit District does have the authority to levy a tax and want to bring that into the public eye.

Mr. Eastman rebutted and stated that the Transit District has been frozen at 11.28 mills. Commission Gilbert stated that the City Commission has lowered the number of mills levied by the City because the value of the mill has increased and it takes less mills to generate the same dollar amount every year. He added that the Transit District has not lowered the number of mills levied even though the mill value has increased.

Mayor Morris called for the vote. Motion carried 5-0.

Ordinance 2664 amends the time allowed to purchase and discharge fireworks, thus reducing the number of fireworks related fires and injuries. By limiting the types of fireworks allowed to be sold and in possession, there should also be a reduced number of fires and injuries. Establishing the fireworks stand fee structure will relieve some of the budgetary burdens experienced in the past pertaining to inspection of fireworks stands, code enforcement and extinguishing of the fires.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission accept Ordinance 2664 on first reading and set the public hearing date for April 5, 1994, at 7:00 p.m.

Motion carried 5-0.

The Commission authorized Carl S. Becker Co., Inc. to conduct a study and the findings and recommendations were presented to the Commission at a work session.

The last time a similar study was conducted was 1979. Because so much has changed since 1979, and due to the Americans with Disabilities Act (ADA) job descriptions needed to be evaluated and rewritten to comply with the new Federal requirements.

Overall, 73% of the employees were within their recommended pay range. There were 66 employees that needed to be increased to meet the entry level of the proposed salary range. An additional 26 employees needed to be increased to the nearest step in order to "fit into" the steps of the proposed pay plan. There were 24 employees who were above the maximum recommended range. The consultants recommended their wages be frozen until the salary schedules increased. The financial impact to implement recommendations is approximately $146,000.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission approve the Position Classification & Pay Plan and authorize the City Manager to implement said Plan.

Motion carried 5-0.

Resolution 8628 and accompanying minor plat and agreement involve the subdivision and annexation for a four lot single family residential development immediately east of Christianson Addition along the extension of 15th Avenue South east of 39th Street South.

Wade Woith and Robert Corwin are in the process of acquiring this property to subdivide and develop as single family residential sites. The applicant intends to extend the utility and roadway improvements in 15th Avenue South to serve the proposed lots. Surface drainage from the site flows easterly and the applicant proposes installation of a detention facility at the east end of 15th Avenue to collect runoff from the road.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission approve the minor plat of Berkner Heights Addition, Phase 1, the accompanying agreement for annexation and adopt Resolution 8628.

Dan Boatman (4005 16th Avenue South) read a letter explaining to the City Commission that the neighborhood is concerned about future phases of Berkner Heights. The primary concerns were water pressure and continuity of the neighborhood. Mr. Boatman added that the neighborhood is reacting to "rumors" for the proposed development. However, felt it necessary to alert the Commission to the neighborhood sentiment early on.

John Mooney, City/County Planning Director, stated that Mr. Boatman's primary thrust was the rumored 75' lots. He added that the developer has not finalized the plans for the phases beyond what is currently before the City Commission. Mr. Mooney advised the City Commission that his staff had been in contact with the neighborhood and had responded to their concerns.

Mr. Boatman responded stating that the intent of the neighborhood is to heighten the awareness of the potential future phases. He added that what was before the City Commission tonight could be the spring board into other phases that the neighborhood did not support. He added that the neighborhood was trying to be responsible citizens by getting involved early.

Commissioner Deming asked if the five points addressed in the Agenda Report had been resolved. John Mooney stated that the fees had been paid; that the final plat was not yet completed pending County action; Public Works will not approve the improvements until the final plat is completed; the annexation agreement has been executed by the developer and that an easement to accommodate the proposed storm water detention facility has been completed.

Commissioner Gilbert stated that what was before the City Commission tonight was a well thought out proposal. However, he added, the concerns of the neighborhood were appreciated and will be taken into consideration when and if the City Commission is asked to make decisions on future phases.

Commissioner Deming concurred with Commissioner Gilbert. He also encouraged Staff to meet with the neighborhood and developer to address these concerns before future phases are before the City Commission.

Mr. Jim Taylor, neighbor of Mr. Boatman, asked what prevents the developer from developing only four or six blocks at a time to circumvent the public hearing process.

John Mooney stated that the State law is specific regarding development of property and public hearing requirements. However, the neighborhood succeeded in raising the level of awareness for the project and Staff will respond.

Mr. Milt Wordahl, Attorney for the developer, cautioned the City Commission not to allow the neighborhoods concerns to sway the decision they are asked to make on phase I. He added that the Commission will be asked to make decisions on the future phases.

Mayor Morris asked Mr. Mooney if the City Commission could hold a public hearing on future phases even if State law does not provide for one. Mr. Mooney stated that Staff will research that and provide an answer in the near future.

Dave Hall, 4004 16th Avenue South, reiterated what his neighbors had stated earlier.

Commissioner Gilbert thanked the neighborhood for conveying their concerns and reiterated that the City Commission has heard them and will consider their statements when and if they are asked to make decisions on future phases.

Mayor Morris called for the vote. Motion carried 5-0.

The property owners completed remodeling the commercial building at 920 First Avenue North. The building permit was issued January 19, 1993, and the project completed by January 15, 1994 at an estimated cost of $120,000.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8629.

Motion carried 5-0.

On or about the 25th day of February, 1994, the City received a demand from the County of Cascade: (1) to pay a charge of $38 per day plus medical costs for detainees arrested by the Great Falls Police Department and detained in the Cascade County jail; (2) to pay $1,083,381.00 for detainees arrested by the Great Falls Police Department for the past three years and detained in the Cascade County jail; and (3) for a contract between the City and County for use of the Cascade County jail to detain persons arrested by the Great Falls Police Department or under order of the Great Falls City Court.

Since State statues explicitly and unequivocally direct that where a detainee is committed to county jail for violation of a "state statute" the "expense must be paid by the county" it would be illegal for either party to consider the City making payment to the County for persons committed for violation of the state criminal or traffic code. Since the contractual concept for the use of county jail was intended to facilitate the "regionalization of jails," it would be in appropriate for the City to contract with the County for use of the County jail.

Commissioner Deming moved, seconded by Commissioners Everson and Gilbert, that the City Commission adopt Resolution 8631.

Commissioner Deming stated that the County's request was ludicrous. He added that the request borders on constitutional intervention and that the City will not pay anything.

Commissioner Everson stated if there ever was a time to work together the time was now. She added that there are no easy answers to resolve the current issues at the jail. However, the County was being short sided. She extended an invitation to explore all options that will treat the taxpayers correctly.

Commissioner Bennett stated that the City is committed to helping develop solutions that will benefit everyone.

Commissioner Gilbert stated that it seemed silly to "squabble over the last bit of meat on the taxpayers bone." He added that the City and the County must work together to resolve this issue.

Mayor Morris stated that a contract won't solve the problem. He added that the court imposed cap on the jail population is the problem.

Commissioner Deming reiterated that the City and the County need to work together. He added that an infusion of City tax dollars was not the answer, that there are many alternatives. He concluded stating that whatever happens has to be in the best interest of the taxpayers.

Motion carried 5-0.

Mayor Morris enumerated the seven (7) Consent Agenda items as follows:

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.

Terms for Carol Ecke and Gerald Hanson expired on February 28, 1994. Therefore, it was necessary to make appointments to this board.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission appoint Ken Seivert and Ellen Seivert to the Historic Preservation Advisory Commission for three year terms beginning March 15, 1994 and expiring February 28, 1997.

Motion carried 5-0.

Terms for Stephen L'Heureux and Jim Schlimgen expire March 31, 1994. Therefore, it was necessary for the City Commission to make appointments to this Board.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission appoint Bob Morgan and Jeff Lynch to the Loan Advisory Committee for a three year term beginning March 15, 1993 and expiring March 31, 1997.

Motion carried 5-0.

The term for Richard Enge expires on March 31, 1994. Therefore, it was necessary to make an appointment to this board.

Commissioner Bennett moved, seconded by Commissioners Everson and Gilbert, that the City Commission appoint Gary Knudsen to the Parking Advisory Commission for a three year term beginning March 15, 1994 and expiring March 31, 1997.

Motion carried 5-0.

Jim Rearden, City Engineer, presented to the City Commission a revolving capital improvements plan which will be incorporated with the budget process. The plan included storm sewer, water utility, sanitary sewer, transportation, signs and signals, and Public Works.

City Manager, John Lawton, stated that this will be expanded to include all aspects and will accompany the budget document. Mr. Lawton, and the City Commission, congratulated staff on their presentation.

The City Commission, together with City Staff, prepared the 1994/95 Goals and Objectives. The Goals and Objectives are the foundation for City operations. City Staff will provide periodic reports to the City Commission on the progress of the goals and their objectives.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt their 1994/95 Goals and Objectives with the following addition: to the goal on page nine; objective #4: Work with the Committee of 80 to solidify the long-term future of Malmstrom Air Force Base as an integral part of the City.

Motion carried 5-0.

Terry Pehan, Chamber of Commerce, updated the City Commission regarding the Visitor' Information Center (VIC). He stated that the Chamber of Commerce recently secured the services of Roan Communications to be the primary ad sales contractor. He added that the sales of the ads will generate revenue for the VIC operation.

He added that the Chamber recently reviewed the installation of interior space signs and anticipates that the VIC will be open in the very near future.

He added that the VIC will be opened for an operational check-out beginning March 16, 1994 for four days.

Commissioner Gilbert asked if highway signs had been ordered and if so, when they will be in place. Mr. Pehan stated that the signs have been ordered through the Montana Department of Transportation and will be installed closer to the time the VIC opens.

Linda McDonald (405 45th Avenue SW), owner of "Coffee to Go" asked that the City Commission reconsider the free standing signs ordinance. She stated that she understood the reasons for such an ordinance which were clutter and the wind factor in Great Falls. However, she added that with there are ways to handle those problems without a total ban on such signs. She presented a petition signed by people who supported her claim.

There being no further business to come before the Commission, the regular meeting of March 15, 1994, adjourned at 8:50 p.m.