JOURNAL OF COMMISSION PROCEEDINGS
JULY 5, 1994

Regular City Commission Meeting

Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

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

Ms. Alice Price and Reuben Selstad, since December, 1993, permitted the accumulation of an excessive amount of discarded household items and materials, five inoperable and/or junk vehicles, a refrigerator, and other miscellaneous rubbish of all types to be located on 705 7th Avenue South.

On December 14, 1993, a certified letter was sent to Alice Price giving her fifteen (15) days to clean up the property. Ms. Price requested an extension due to illness. Re-inspection was conducted on February 22, 1994. None of the clean up had taken place. On April 26, 1994, Ms. Price plead guilty in open court before Judge Gilligan. She was fined 19 hours community service (which was completed May 17, 1994) and was ordered to clean up the property within two weeks. The property was never cleaned up. On May 24, 1994, the certified nuisance abatement letter was sent to Ms. Price and Mr. Selstad, recorded owners of the property.

Mayor Morris declared the public hearing open. No one appeared to speak in opposition to Resolution 8647. Those speaking in support of Resolution to 8647 were as follows: Linda Doggett (415 6th Avenue South); Jess Anderson (Cascade County Treasurer's office); and Nancy Stephenson (Neighborhood Housing Services Director). All three speakers stated that it is important to the surrounding neighborhood that the Commission approve this resolution. They stated that this has been an on-going problem with these land owners for a long time. Ms. Stephenson also expressed concern on how City Court was handling these types of complaints. She requested if the City Commission amend the City Code to make it stronger.

Cheryl Patton, Community Development Director, stated that Ms. Price came in to her office today and asked that this Resolution be removed from the agenda because she is working to get the property cleared. Ms. Patton explained that the Resolution would not be removed from the agenda. However, if the Commission adopted the Resolution, Ms. Price did have some time to clean up the property.

There being no one further to speak, Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioners Deming and Gilbert, that the City Commission adopt Resolution 8647.

Commissioner Everson stated she drove by the property and agreed with what was said during the public hearing. She added that the process still provides 30 days for Ms. Price to clean up the property before Staff makes arrangements for it to be cleaned up.

Commissioner Bennett stated that this is a chronic problem and asked if there was any way the ordinance could have a sliding scale of fines in order to address these types of property owners.

Commissioner Deming requested Staff to work with the Courts on better enforcement of the Ordinance. He suggested that Staff involve the City Commission if necessary.

Cheryl Patton suggested that Staff prepare an ordinance amendment to address this type of issue.

Motion carried 5-0.

Property owner, Dave Dickman, submitted a petition to annex Block 29,Highland Park Addition, located at the southwest corner of the intersection of 13th Street South and 21st Avenue South. Mr. Dickman wanted to construct a building or buildings to accommodate either a retail or service use.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8648. Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8648 annexing Block 29, Highland Park Addition, and the abutting portion of 21st Avenue South and approve the accompanying annexation agreement.

Motion carried 5-0.

The Business Improvement District submitted their 1994/95 budget and work plan for approval by the City Commission. The Commission must hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission will levy an assessment of the district to defray all costs. The assessment requested is according to the assessment formula approved with the creation of the district.

Mayor Morris declared the public hearing open. Elinor Luse, Business Improvement District Executive Director, provided a brief summary of the proposed budget and work plan. No one else appeared to speak in opposition to or in support of it. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioners Everson and Gilbert, that the City Commission approve the 1994/95 Business Improvement District budget and work plan.

Commissioner Everson asked why the BID budgeted $8,500 for the CCA and if there were restrictions on how the CCA could spend it. Ms. Luse explained that the CCA requested it and that the BID put on the restriction that it only be used for promotions.

Commissioner Bennett stated she was pleased to see the goals and objectives. She asked that if the Grants Committee would be working on foundation type grants. Ms. Luse explained that the new board chairman will make the committee assignments and that the types of grants have not yet been finalized. Commissioner Bennett also suggested that the BID look outside their membership to fill the committees and make appointments to the committees based on their knowledge and expertise of the subject.

Commissioner Gilbert asked Ms. Luse how the BID calculated that they were directly responsible for 29 new businesses in the downtown area. Ms. Luse stated that the BID is given credit for a new business when it moves into the downtown area because of a direct contact by her or one of the board members.

There being no further questions or comments, Mayor Morris called for the vote. Motion carried 5-0.

The City Commission, during a regular meeting held June 7, 1994, adopted Resolution 8643 setting a public hearing to consider the vacation of that portion of Park Drive, south of Second Avenue South. On June 21, 1994, the City Commission conducted the Public Hearing pertaining to said ordinance. No one appeared to speak in support of or in opposition to the proposed vacation of a portion of Park Drive south of Second Avenue South.

Truchot, Inc. and Trillium Corporation petitioned to vacate that portion of Park Drive south of Second Avenue South. The involved strip of unimproved land containing .25 acres is located immediately east of the southern portion of the former BN Railway Freight Depot.

Crop Growers Insurance is purchasing the former BN Railway Freight Depot and surrounding property south of Flynn Insurance. Abandonment of the involved portion of Park Drive will allow the purchaser to develop and utilize the unused road right of way as a landscaped parking area.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Ordinance 2670 subject to the applicant completing the appropriate recordable survey document(s) reflecting: 1) reconfiguration of abutting property as a result of the abandonment; and 2) easements necessary for utilities and vehicle traffic associated with Third Alley South and Block 417.

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

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

Bids from private companies and the City Treatment Plant staff were received on June 1, 1994. The evaluation task force completed the review process resulting in the recommendation to reject the bids received. The evaluation task force made the recommendation to the City Commission based on the reasons outlined in a memorandum addressed to the City Manager.

1. American Commonwealth's bid, although it met all requirements, was too costly.
2. WEOS's bid was low but seriously flawed.
3. The optimum future contract time is one matched to the WWTP contract, This is borne out by the nearly one half million dollar difference in bids between two nearly identical companies, the lower having the WWTP contract. It is also recommended in the city proposal as a means to optimize the bids. Further, it eliminates the difficulty of analyzing whether the WTP contract might gain at the expense of the WWTP contract. The advantage of competitive bidding of the WWTP was a savings of $173,000 per year. Continued savings will only be available if both plants are combined in a single package. The WWTP contract is due to expire February 18, 1997. Contract termination is allowed with 90 days notice.
4. The city's proposal is significant in two areas. First, it clearly outlines many projects that would have been contracted out, but were performed by city forces. Secondly, it identifies a number of innovative measures to be pursued.

Commissioner Gilbert moved, seconded Commissioner Bennett, that the City Commission reject all bids for the Operation and Maintenance of the Water Treatment Plant and Associated Facilities (OF 1055) and direct City Staff to evaluate the feasibility of implementing changes that have been proposed through the bidding process.

Commissioner Gilbert stated that he served on the evaluation committee and wanted to complement the Public Works Department on the Request for Proposal's, the Evaluation Committee, and to Skip Seaver, Montana Power Company, who served on the Committee. Mr. Gilbert provided a brief summary of the events leading to the Request for Proposal process. He stated that the end result is the City received free management advice from the best professionals in the water treatment business. Commissioner Gilbert reminded the audience, that the key to the motion is that the Commission is directing Staff to evaluate the feasibility of implementing changes that were proposed during the bidding process. He concluded, stating that the City Commission will not accept status quo.

Commissioner Deming reminded the audience that a goal of the City Commission is to "promote creative change." Commissioner Deming added that the management of the Water Treatment Plant will stay the same, but change at the plant should happen.

Commissioner Bennett stated that the Commission received many petitions protesting the privatization of the Water Treatment Plant. She added that she suspected many of those signing the petitions of protest may have also signed the petition in support of CI-66 and CI-67. She said that for those who signed all the petitions contradicted themselves.

Commissioner Bennett also stated that the changes at the Water Treatment Plant needs to include employees continuing their education on technical and management skills.

Mayor Morris stated that the employees came through a difficult process and if anything, he knew better how the Water Treatment Plant was run.

There being no further discussion, Mayor Morris called for the vote. Motion carried 5-0.

On June 21, 1994, the City Commission approved the acquisition of 1700 River Drive North excluding the NE corner of the property. The Commission did approve retaining an option on the last acre for 90 days. Staff suggested the Commission exercise its option to purchase the remaining acre for $42,000 from Economic Revolving Funds and that the property be held for economic development purposes unless it is needed for the City/School District facility operation.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission authorize the City Manager to exercise the option to purchase the remaining one acre parcel of the Talcott/Dybdal property located at 1700 River Drive North for $42,000 from Economic Revolving Funds.

Commissioner Gilbert stated that this purchase is important so the City does not become a victim of its own success.

Motion carried 5-0.

If approved on final reading, Ordinance 2671 will rezone the incorporated portion of Sand Hills Park from "A" Residence Use District to "C" Residence Use District. The involved property is located immediately east of the intersection of 16th Avenue South and 23rd Street South. The purpose of the rezoning is to facilitate the City entering into a land trade permitting Talcott Construction, Inc., to develop a 48 unit multi-family project on said property.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept Ordinance 2671 on first reading and set the final reading and public hearing date for August 2, 1994.

Commissioner Deming thanked Jerry Sepich, Park and Recreation Director, for working with the BMX group and keeping them informed of the potential construction projects that will be going on around them.

Motion carried 5-0.

On June 7, 1994, the City Commission adopted Resolution 8642, creating SID 1271 authorizing roadway improvements on Park Garden Road east of Fox Farm Road, and roadway and utility improvements on Swan Court, Robin Court, and Linden Drive between Adobe and Park Garden Road. The request for bids for the sale of bonds is in the amount of $555,000.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8645.

Motion carried 5-0.

Mayor Morris enumerated Consent Agenda items as follows:

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda as printed minus Item 13.

Motion carried 5-0.

McIntyre Enterprizes, Inc., requested approval of the preliminary plat of Meadowlark Addition 2 which is intended to be annexed into the City.

The develop proposes to install water and sanitary sewer mains and paving, curb and gutter within the extension of Ferguson Drive on the east side of the subdivision and the east-west roadway through the subdivision. The developer did not propose to install utility, roadway or other improvements in Ferguson Drive on the west side of the subdivision. Surface drainage form the subdivisions will be towards the east and then north in Ferguson Drive.

During the Planning Board's review of this proposed subdivision, most of the discussion revolved around the need for that portion of Ferguson Drive abutting the west boundary of the division and whose obligation it would be to install the public improvements in that particular roadway section, if every construct.

At the conclusion of the public hearing, the Planning Board passed a motion recommending the City and County Commissions approve the preliminary plat of Meadowlark Addition 2 subject to the petition:

1. submitting and obtaining staff approval of the final plat of the subdivision containing correction of any errors or omissions noted by Staff;
2. submitting and obtaining the Department of Public Works approval of the final engineering drawings and specifications for the required public improvements to serve the Subdivision including:
   1. sizing and manhole placement associated with sanitary sewer main in Ferguson Drive on east side of Subdivision;
   2. location of gate valves and fire hydrants;
   3. adequate street section due to poor soil conditions/high water table;
   4. full width paving, curb and gutter in those sections of Ferguson Drive on the east side of Subdivision;
   5. storm drainage flow analysis and impact on Ferguson Drive and solutions for identified problems; and
   6. that an approved hammerhead or cul-de-sac be placed at the west end of the subdivision.
3. entering into an annexation Agreement containing terms and conditions for annexation including agreement by the petition:
   1. to waive right to protest any future special improvement district(s) for storm drainage facilities and further agreeing to pay a proportionate share of the cost of any future storm drainage improvements which may be installed with or without a special improvement district;
   2. to participate in an pay proportionate share of any special lighting district(s) created in accordance with the laws of the State;
   3. that language to be added to the titles for Lot 1, Block 1, and Lot 1, Block 2, obligating the owners for costs of any potential improvements for the abutting Ferguson Drive improvements.
4. paying all applicable fees owed as a condition of plat or annexation approval.
5. preparing and submitting to the Public Works and Community Development Departments' a soils report, as acceptable to both, including soil compaction and density tests for anticipated building and public improvement locations.

Mr. Jim McIntyre addressed the City Commission and asked that they reconsider the stipulation recommended by the Planning Board that Lots 1 in Blocks 1 and 2 be responsible for the costs of completing a small portion of Ferguson Drive West. He stated that this stipulation virtually eliminates the possibility of ever selling those two lots because it could add a possible $20,000 to the sale price of each parcel. Mr. McIntyre also stated that if the City does insist on having this language in the motion, that it be changed so some other suitable guarantee that the portion of road will be paid for rather than clouding the title to two parcels.

Mayor Morris asked Mr. Bill Walters to explain why it was necessary for this requirement. Mr. Walters explained that the design for Ferguson Street was developed many years ago in a master plan. He added that the Planning Board debated for quite some time on this issue and proposed the stipulations as outlined as a means to keep all options open for the future development of the area.

Public Works Director, Erl Tufte, stated he supported leaving the stipulation in. He said that the City should require developers to think about the long term rather than just their project. He stated that it is easier than trying to find funding for needed improvements in the future.

Commissioner Gilbert stated, that as he understood it, people in the proposed development will be using the segment of Ferguson West to get to the I-315 Interchange.

Mr. McIntyre protested stating that the City needs to make development economically feasible for developers or there will not be any development.

Commissioner Gilbert stated that the choices are: 1) have Lots 1 in blocks 1 and 2 pay as recommended by the Planning Board; 2) have all 18 lots pay either by clouding the title to all 18 lots or by putting language on the deed that waives the owners right to protest a future SID; 3) don't require payment at all; or 4) postpone action. Commissioner Gilbert stated that he was included to say that all of Meadowlark No 2 pay for the West Ferguson improvement and that the City Commission should not care how.

Mayor Morris stated he supported postponing acting on this subject until the Commission had additional time to research the issues.

Commissioner Bennett asked if the language to the motion had to change in order to require all 18 lots to share in the cost. Erl Tufte explained that it would have to be change.

Commissioner Deming asked Staff if they supported the language on the deeds of the lots requiring the owners to waive their right to protest a future SID. Mr. Tufte stated that was the weaker of the options and that although, technically, people waive their right, the Commission hears from many of them during an SID creation process.

Commissioner Bennett asked why the Planning Board made the recommendation they did. Erl Tufte explained that the Planning Board was attempting to keep their options open. He added that the Planning Board was not requiring that the improvements be done right away on Ferguson West. However, the cost of that improvement should be included in the cost of the this subdivision. Mr. Walters added that if West Ferguson was not developed as part of an SID then the City would only have to go back to 2 property owners rather than 18 property owners to get the necessary funds for the improvements.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission postpone action on this preliminary plat until the July 19, 1994 Commission meeting.

Commissioner Deming asked that Staff meet with Mr. McIntyre during that the two week time period and try to work out some type of boiler plat language that will satisfy the issues.

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

Terms for Gordon McManus and Gene Thayer expired June 30, 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 Gordon McManus and Gene Thayer to the High Plains Development Authority Board for a three year term beginning July 1, 1994 and ending June 30, 1997.

Commissioner Gilbert stated he had no reservations on the qualifications of the two reappointees. However, he was disappointed in the lack of interest in the community to apply for the board. He stated that this board has significant impact on economic development in our community.

Commissioner Deming concurred with Commissioner Gilbert. He added, that if the Commission votes to allocate funds to High Plains, that the funds be distributed quarterly. Commissioner Gilbert concurred with that idea.

Motion carried 5-0.

Nick Cetto's term on the Great Falls Housing Authority Board expired May 25, 1994, therefore it was necessary to make an appointment to this Board.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission appoint Marilyn Rose to the Great Falls Housing Authority Board for a five year term beginning July 1, 1994 and ending June 30, 1999.

Motion carried 5-0.

The terms of the proposed agreement extend from July 1, 1994 through June 30, 1996. The economic impact is 2% for FY 1995 and 2% for FY 1996. The 2% for FY 1995 will go on base wages; 1.5% of the 2% for FY 1996 will go on base wages and the remaining .5% to go towards health insurance.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission approve the labor agreement between the City of Great Falls and the IBEW Local #122 and authorize the City Manager to execute said labor agreement.

Linda Williams, Personnel Director, provided a brief overview of the significant changes on this labor agreement.

Motion carried 5-0.

City Manager, John Lawton, asked the Fire Chief to provide a preliminary report on the Fourth of July celebration. Chief Meisinger reported that there were 32 firework related fires. He stated that there were the same number of firework stands as in the previous year. However, the revenue generated from the licenses for firework stands increased from $570 to $2700. He added that this revenue helps to offset the costs for additional manning at the Police and Fire Departments. Chief Meisinger concluded his report, stating that the Police Department responded to approximately 98 fireworks related calls and that the hospitals treated 6 people for fireworks related injuries.

There being no further business to come before the Commission, the regular meeting of July, 1994, adjourned at 8:36 p.m.