JOURNAL OF COMMISSION PROCEEDINGS
September 6, 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, Fairgrounds, Personnel, Fire Chief, Police Chief, and the City Clerk.

PRESENTATIONS:

Mayor Morris presented to the City Finance Director, the Government Finance Officers Association Distinguished Budget Presentation Award.

NEW BUSINESS

1.
AUTHORIZATION OF EXPENDITURE OF PARK TRUST FUND (OF 1089).

The City Commission was asked to allocate $40,000 from the Park Trust Fund to finance the Park and Recreation Comprehensive Master Plan. The Park Trust Fund, has a balance of $85,684, and an additional $28,840 expected from the sale of a portion of Clara Park. The Park Trust Fund was created to address the future park needs and development and to allow the City to meet these needs without additional dependence on the General Fund.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission authorize the expenditure of $40,000 from the Park Trust Fund for a Comprehensive Park and Recreation Master Plan.

Commissioner Bennett stated that by having a plan each decision made by the City Commission can work towards a common goal creating a unified park system.

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

2.
CONTRACT AWARD, PARK AND RECREATION MASTER PLAN (OF 1089).

Request for proposals were solicited in June, 1994 from twenty-eight consulting firms. Seven proposals were received by the July 29, deadline. A selection committee, consisting of Park and Recreation staff, a Park Board member, a City/County Planning staff member, and a City Commissioner reviewed the proposals received and interviewed four firms. Through the selection process, J.C. Draggoo and Associates was ranked as the top firm. Although the fee was not considered during the selection process, the proposed fees for the four top firms interviewed ranged from $40,000 (J.C. Draggoo) to $95,000 (Wirth Design).

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission award the contract for a Comprehensive Park and Recreation Master Plan (OF 1089) to J.C. Draggoo and Associates in the amount of $40,000.

Commissioner Everson stated that J.C. Draggoo was proposing to offer opportunities for community involvement. Commissioner Everson encouraged those in the audience to participate in this master planning process.

Motion carried 5-0.

ORDINANCES/RESOLUTIONS

3.
RESOLUTION 8665, VACATING THE PUBLIC PARK AND RECREATION DEDICATION OF WADSWORTH PARK.

In 1967, the City dedicated the area known as Wadsworth Park for use as "public park and recreation area to be enjoyed for such purposes by the public generally." On August 2, 1994, the City leased certain areas of Wadsworth Park to seven recreational clubs for one year pending the development of a master plan for park use. All leases, save one, were renewals of prior leases, some of which have existed for fifty years or more.

On August 22, 1994, parties Patte and Palagi filed a legal action applying for a Writ of Mandate and Writ of Prohibition to have two of the seven leases declared null and void thereby rendering all seven leases null and void and prohibiting the City from entering into such leases. A number of issues raised by the legal action concern the dedication of the land for park purposes. Such park land dedication conflicts with state statutes requiring a vote of the electors of the City to approve or disapprove such leasing. City ordinance enacted self-governing powers eliminates the need for such an election. Therefore, the leasing without election is in compliance with the ordinance but the lawsuit contests the violation of states statutes. The issue is eliminated by the vacation of park land dedication. City staff proposes to rededicate the area to park land use in the future based upon the needs and criteria developed in the park land master plan.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8665.

Commissioner Gilbert stated he wanted to make it clear that the City is not acknowledging any fault in the legal process. He added that one of the allegations in the lawsuit is that the Commission did not hold a public hearing on the leases. He stated that during the last few meetings many people have stepped forward and stated their views on Wadsworth Park. The City's failure was to send letters to parties of interest rather than publishing a legal advertisement.

Further, the City Commission just authorized the use of park trust funds to hire a consultant to prepare the park and recreation master plan, utilizing community input on what to do with the parks system, of which the Wadsworth Park area is a part. He added that the lawsuit wants to take that ability away from the City. People who are not City residents, don't pay City taxes, are not elected officials in the City, who bought property in the area with full knowledge of the uses that were going on in Wadsworth Park; have decided that a couple of those uses are not compatible with their personal desires. The Commission wants to go through a rational and controlled process that is done with all the people, and not just an attorney, a couple of people and a judge. By de-dedicating the park land, the Commission is doing what the people in Great Falls elected them to do and saving taxpayer money in the process.

Motion carried 5-0.

4.
RESOLUTION 8666, REMODEL TAX BENEFITS APPLICATION, GF TOWNSITE, B499, L8-10. (527 9TH AVENUE SOUTH).

The property owner is remodeling the commercial building at 527 Ninth Avenue South. The project will be completed in September at an estimated cost of $40,000. The applicant requested approval of the tax benefits.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8666.

Motion carried 5-0.

CONSENT AGENDA

Mayor Morris enumerated Consent Agenda items as follows:

5.
Minutes, August 16, 1994 Commission meeting.
6.
Claims over $500.
7.
Set public hearing, Resolution 8654. Sets public hearing for Resolution 8654 for September 20, 1994. Resolution 8654 levies and assesses the cost of Special Lighting Districts.
8.
Set public hearing, Resolution 8655. Sets public hearing for Resolution 8655 for September 20, 1994. Resolution 8655 levies and assesses the cost of Special Lighting District 1273.
9.
Set public hearing, Resolution 8656. Sets public hearing for Resolution 8656 for September 20, 1994. Resolution 8656 levies and assesses the cost of Special Lighting District 1274.
10.
Set public hearing, Resolution 8657. Sets public hearing for Resolution 8657 for September 20, 1994. Resolution 8657 levies and assesses the cost of Special Maintenance District 1210.
11.
Set public hearing, Resolution 8658. Sets public hearing for Resolution 8658 for September 20, 1994. Resolution 8658 levies and assesses the cost of Special Maintenance District 1271.
12.
Easement, T20N, R3E, Section 5, with Montana Power Company. Montana Power Company requested a 30 foot easement to relocate existing power lines to an area along River Drive from 25th Street North to 38th Street North. The easement would improve conditions at RO Speck Golf Course with the elimination of poles located between two fairways and in the parking lot. In addition, Montana Power Company agreed to bury the existing line that feeds the maintenance garage.
13.
Loan Extension, Opportunities Incorporated. On June 24 1993, the City Commission granted to Opportunities, Inc. a loan of $40,000. These funds were made available as matching funds to assist Opportunities, Inc. in obtaining funds through the Montana Department of Commerce to establish a Microbusiness Loan fund for developing small businesses. Opportunities, Inc. requested an extension of the repayment date from July 1, 1994 to October 31, 1994.
14.
Lease purchase contract - Multi-Sports Improvements (OF 1063). Lease purchase contract with Norwest Investment Services, Inc. for Multi-Sports improvements in the amount of $114,700.
15.
Installment purchase contract - Library computer upgrade. Installment purchase contract with Norwest Investment Services, Inc. for the Library computer upgrade in the amount of $150,000.
16.
HOME Contract with Montana Department of Commerce. The City of Great Falls, on behalf of the Great Falls Housing Authority, was awarded $351,000 the Montana Department of Commerce HOME program to assist with the construction of eight affordable housing units at Holland Park. This agreement is required by Montana Department of Commerce before the funds can be released.
17.
Contract Bid Award - Four Seasons Concession Equipment (OF 1035). Award bid to only bidder, White, Inc., in the amount of $46,801.00, for concession equipment at the Four Seasons Arena.
18.
Contract Bid Award, Country Club Sewer Phase I (OF 1064.1). Award contract for the trenchless rehabilitation of sanitary sewers within Montana Subdivision (OF 1064.1) to Gelco Services, Inc., of Salem Oregon, in the amount of $116,845.25.
19.
Final Claim, Fox Farm Road Storm Drainage and Roadway Improvements (SID 1210). Final payment to United Materials of Great Falls, Inc., in the amount of $29,741.48 and payment of $300.42 to the State Miscellaneous Tax Division. And, final payment for Planned and Engineered Construction, Inc., in the amount of $1,980.00 and payment of $20.00 to the State Miscellaneous Tax Division.
20.
Final Claim, Miscellaneous Street Repairs (OF 1075). Final pay request for United Materials of Great Falls, Inc., in the amount of $113,349.85 and payment of $1,144.95 to the State Miscellaneous Tax Division.
21.
Amended Plat, Sandhills Park Addition, Block 1, Lot 1. Amended Plat subdivides Sandhills Park Addition, Block 1, Lot 1, into two equal lots. Current plans for development include placement of a 48 unit affordable housing complex on the southerly proposed lot (Lot 1B).

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission accept the Consent Agenda as printed, minus Item 18.

Motion carried 5-0.

18.
CONTRACT BID AWARD, COUNTRY CLUB SEWER PHASE I (OF 1064.1).

Award contract for the trenchless rehabilitation of sanitary sewers within the Montana Subdivision (OF 1064.1) to Gelco Services, Inc., of Salem Oregon, in the amount of $116,845.25.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission award a contract for the Trenchless Rehabilitation of Sanitary Sewers within the Montana Subdivision (OF 1064.1) to Gelco Services, Inc., of Salem, Oregon in the amount of $116,845.25 and authorize the City Manager to execute the contract.

Mayor Morris encouraged the City Commission to reconsider the contract. He stated that, in his opinion, a product known as Am-liner would be more suitable to Great Falls conditions and that is the product that should be pursued, even if the cost is higher than Gelco's.

Erl Tufte, Public Works Director, concurred with Mayor Morris. He stated that after thoroughly researching Am-liner, in his opinion and the opinion of many references, it is a better product. Secondly, Mr. Tufte, stated that it is important that the City protect itself from a monopolistic situation that could be created by not awarding bids to other companies.

Commissioner Everson asked what the long-run predication of the product used by Gelco was. Mr. Tufte stated that if Gelco installs the liner perfectly, then the City may not experience any problems. However, he cautioned that because Am-liner is softer it is less risky. He suggested that both liners could last between 30 - 40 years.

Commissioner Gilbert asked that if the Gelco product is unacceptable, why didn't staff prepare specifications that would eliminate it during the bidding process. Mr. Tufte stated that the specifications written met the needs of the project. He added that the question posed by the Mayor was which was the best product, and in his professional opinion, Am-liner is a better product. However, Gelco's product does meet the specifications and is an acceptable product.

Motion carried 4-1 (Mayor Morris dissenting).

CITY MANAGER

22.
LABOR AGREEMENT, CITY OF GREAT FALLS/MPEA.

The terms of the proposed agreement extend for two years, from July 1, 1994 through June 30, 1996. The economic impact is 2% for each of the two years. The 2% for FY 1996 will be distributed as follows: 1.5% on base wages, and .5% to go towards health insurance.

Commissioner Deming moved, seconded by Commissioners Everson and Gilbert, that the City Commission approve the Labor Agreement between the City of Great Falls and the MPEA and authorize the City Manager to execute said Labor Agreement.

Motion carried 5-0.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of September 6, 1994, adjourned at 7:32 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1994 Commission Minutes
Commission Minutes listing page