JOURNAL OF COMMISSION PROCEEDINGS
September 20, 1994

Regular City Commission Meeting Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE

In honor of Senior Officer Shane Chadwick, who was killed in the line of duty on September 7, 1994.

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

PUBLIC HEARINGS

1.
RESOLUTION 8654, LEVY AND ASSESS SPECIAL LIGHTING DISTRICTS.

In order to legally provide the necessary assessment support, State laws require City Commission hearings and passage of authorizing resolutions. The Finance Department finalized the SLD maintenance cost estimate reflected in Resolution 8654. These costs include utility cost, maintenance and an administrative fee equal to 10% of estimated costs to be paid to Montana Power Company for utility fees. In addition to the aforementioned 10% administrative fee, assessments for FY 1994/95 reflect projected charges based on actual billings for the District and adjustments for cash balances from prior fiscal years. The 1994/95 assessment will maintain cash balances and keep assessments near the 1993/94 level.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8654. Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Deming, that the City Commission adopt Resolution 8654.

Motion carried 5-0.

2.
RESOLUTION 8655, LEVY AND ASSESS SLD 1273.

On December 21, 1993, Resolution 8596, Creating SLD 1273 was adopted by the City Commission. The initial operation, maintenance and administrative assessment is for the alley lighting on 3rd Alley Southwest between 10th and 11th Streets Southwest for the period of July 1, 1994 through the year ending June 30, 1995. The assessment list included with Resolution 8655 illustrates the annual individual cost per lot within the district. This cost includes a 10% administrative fee and a $5.00 per lot one time charge for setting up the district.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8655. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8655.

Motion carried 5-0.

3.
RESOLUTION 8656, LEVY AND ASSESS SLD 1274.

On May 3, 1994, Resolution 8635, Creating SLD 1274 was adopted by the City Commission. The initial operation, maintenance and administrative assessment is for the street lighting on 19th Avenue Southwest to 24th Avenue Southwest and 11th Street Southwest to Treasure State Drive in the Montana Addition for a period from the November 1, 1994 estimated turn-on date through the year ending June 30, 1995. The assessment list included with Resolution 8656 illustrates the annual individual cost per lot within the district. This cost includes a 10% administrative fee and a $5.00 per lot one time charge for setting up the district.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8656. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8656.

Motion carried 5-0.

4.
RESOLUTION 8657, LEVY AND ASSESS SID 1210.

At their regular meeting held the 20th day of July, 1993, the Commission adopted Resolution 8565, creating SID 1210. The SID was created to defray the cost of improvements on Fox Farm Road. The assessment list included with Resolution 8657 illustrates the annual individual cost per lot within the district. Construction on this project has been completed. Due to lower interest rates received when the City sold the bonds, and because construction costs were lower than anticipated, assessments for each property will be approximately 15% less than originally projected when the SID was created.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8657. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8657.

Motion carried 5-0.

5.
RESOLUTION 8658, LEVY AND ASSESS SID 1271.

At their regular meeting held the 7th day of June, 1994, the Commission adopted Resolution 8642, creating SID 1271. The SID was created to defray the cost of improvements on Park Garden Road, Linden Drive, Swan Court, and Robin Court. The assessment list included with Resolution 8658 illustrates the annual individual cost per lot within the district. Anticipated date of construction completion for this project is October 5, 1994. The first bond interest payment is due January 1, 1995 and will be paid from the assessment payments due November 30, 1994.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8658. Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8658.

Motion carried 5-0.

6.
RESOLUTION 8675, ANNEX FINLAY'S SUPPLEMENT TO PROSPECT PARK B1, L1-4, AND ACCOMPANYING ANNEXATION AGREEMENT.

The City Commission, during a regular meeting held August 16, 1994, adopted Resolution 8664, setting a public hearing on the annexation of four lots for September 20, 1994. John Hendricks, owns Lot 4 and Lots 1-3 are in the name of Elaine Baker, who is Mr. Hendrick's wife. This annexation was precipitated by a City project to extend a water main in 20th Avenue South between 19th and 20th Streets South. The north half of the Hendricks/Baker property is in Prospect Park Addition which is inside the City and the south half is in Finlay Supplement to Prospect Park Addition which is outside the City.

A mobile home exists on the property, which is partially inside the City, and the petitioner was desirous of providing water service to the mobile home from the water main being installed in 20th Avenue South. To adhere to City policy, it was necessary to annex the unincorporated portion of the property prior to providing of any City utility services. In anticipation of the annexation, a water service line is being stubbed from the new water main to the Hendricks/Baker property. Those property owners abutting and receiving service from the new water main have entered into a Memorandum of Understanding with the City which addresses payment responsibility. The existing mobile home is served by an existing septic tank and drainfield. City sewer service was not available to the site.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8675. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8675 and approve the accompanying annexation agreement.

Motion carried 5-0.

7.
SALVATION ARMY LEASE FOR FLAG FOOTBALL.

The agreement allows Salvation Army to lease Lions, Graybill, Pinksi, North Kiwanis, Russell, Riverside, West Kiwanis, Riverview, Montana, and Jaycee Parks for the youth flag football program. Salvation Army agreed to pay $600.00 to use said parks between September 19 and October 31, 1994.

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

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the lease agreement with the Salvation Army and authorize the City Manager to execute said agreement.

Motion carried 5-0.

8.
ELECTRIC CITY SOCCER CLUB LEASE ADDENDUM.

Addendum provides the Electric City Soccer Club extended use of Meadowlark Park from September 19 through October 31. In granting this extension, the Club agreed to pay the City an additional one hundred dollars. The current lease with the Electric City Soccer Club, which expires in 1995, allows the use of park land during the months of March through May each year. The Club, for the second year, desired to sponsor a fall girls soccer league.

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

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission approve the addendum to the lease agreement with the Electric City Soccer Club and authorize the City Manager to execute said agreement.

Motion carried 5-0.

9.
COMMUNITY HALL PARK LEASE.

Forde Nursery has leased Community Hall Park since July 15, 1993 for the purpose of storing trees, shrubs, and landscaping equipment. Per City Ordinance, a public hearing is required for lease of park property and the lease awarded to the highest responsible bidder. The public hearing and requests for bids was advertised in the Great Falls Tribune. Forde Nursery was the only responding bidder.

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

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the lease agreement with Forde Nursery and authorize the City Manager to execute said agreement.

Motion carried 5-0.

10.
SALE OF CITY OWNED LAND, CS 2846, T20N R3E SEC 11.

Crop Growers Insurance Company requested the City offer for sale a parcel of land adjacent their existing property. The parcel was purchased from Trillium Corporation for additional space for the Police Department but could be made available to accommodate development opportunities. The only bid received at the bid opening conducted on September 7, 1994 was from Crop Growers Insurance Company for the minimum bid price of $33,977.

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

Commissioner Deming moved, seconded by Commissioners Everson and Gilbert , that the City Commission approve the sale of the parcel of land described by CS 2846 to Crop Growers Insurance Company for $33,977 and authorize the City Manager and staff to execute the necessary documents.

Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

11.
RESOLUTION 8659, BUSINESS IMPROVEMENT DISTRICT ASSESSMENT.

The Business Improvement District was created in 1989 by petition of the property owners in the district. As required by State Statute, the Great Falls Business Improvement District developed and presented a work plan and proposed budget for fiscal year 1994/96. The City Commission conducted a public hearing and approved the work plan and proposed budget at the June 21, 1994 Commission meeting.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8659.

Motion carried 5-0.

CONSENT AGENDA

Mayor Morris enumerated Consent Agenda items as follows:

12.
Minutes, September 6, 1994 regular Commission meeting, September 14, 1994 special Commission meeting.
13.
Claims over $500.
14.
Set public hearing, Resolution 8677, Re-create Great Falls Transit District Board. Sets public hearing for September 20, 1994 at 7:00 p.m.
15.
Change Order 2, Fairgrounds Historic Buildings Renovation, OF 1035. Change order initiated by mutual agreement between the contractor (Talcott Construction), City Staff, and the City's consultant. The cost of Change Order 2 is $6,498.41. The Change Order came about as a result of demolition revealing damaged items that were previously unable to be seen or additional quantities to be repaired beyond original estimates.
16.
Bid Award, Multi-Sports Complex Improvements (OF 1063). Award bid to Williamson Fencing and Sprinkler in the amount of $70,150.25 for Schedule III irrigation improvements at Multi-Sports. Reject bids for Schedule I and paving at Multi-Sports and Reject bids for Schedule II fencing at Multi-Sports.
17.
Bid Award, Street Sanding Material. Award bid to Kraus Construction in the amount of $5.34 per ton and to be picked up by City crews.
18.
Construction Contract Award, 1st Avenue South Pavement Overlay (Of 1074). Award contract to United Materials of Great Falls, in the amount of $375,215.
19.
Wastewater Treatment Plant Capital Improvements (OF 1030.2). Purchase a reconditioned Zimpro High Pressure Slurry Pump from Zimpro Environmental, Inc. for $49,021.35.
20.
Contract Award, Fire Station 1 and Police Deparmtent Re-roof project (OF 1098). Award contract to Missoula Sheet Metal for Proposal 1 in the amount of $68,745.00 plus base bid of $1.10 per foot and Proposal 2 in the amount of $97,330.00.
21.
Military Appreciation Support. Co-sponsoring Military Appreciation Picnic by paying the fee to use the Fairgrounds for the event in the amount of $630.00.
21A.
Project Construction Agreement for 10th Street Bridge Federal Aid (OF 932). Agreement with Montana State Department of Transportation for the 10th Street Bridge project. Agreement includes 1) City approval of the project plans and construction; 2) City/State responsibilities for traffic and signing related improvements and ordinances; 3) City/State responsibility for the cost of special improvement districts for existing and new highway lighting.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus item #14.

Motion carried 5-0.

14.
SET PUBLIC HEARING, RESOLUTION 8677, RE-CREATE GREAT FALLS TRANSIT DISTRICT BOARD.

The City Commission was asked to set a public hearing on Resolution 8677 for October 4, 1994 at 7:00 p.m. Resolution 8677, if adopted, provides for the re-creation of the Great Falls Transit District Board from the three-member elected to a five-member (three elected; two appointed) board.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission set the public hearing on Resolution 8677 for October 4, 1994 at 7:00 p.m. in the Commission Chambers. Further, that the City Commission direct the City Clerk to advertise for applicants to receive appointment to the Great Falls Transit District Board.

Commissioner Deming stated that he received a letter from Don Dome requesting reappointment to the Transit District Board. Mr. Deming also stated that this resolution is a joint resolution between the City and the County. The purpose of expanding the board from three elected positions to a three-elected; two-appointed board is to elevate awareness of the Transit District. He added that the Transit District Board has the authority to levy approximately three-quarters of a million dollars each year in taxes.

Commissioner Gilbert concurred with Commissioner Deming. He added that he did not fully agree with the compromised version of the composition of the Board. He stated that United We Stand opposed appointments to the board, favoring an all elected Board. Commissioner Gilbert pointed out that United We Stand did not propose to hold forums for Transit District candidates nor had any intention of working to make the electors more aware of these elected positions.

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

CITY MANAGER

22.
LABOR AGREEMENT, PAINTERS LOCAL #260.

The terms of the proposed agreement extend from July 1, 1994 through June 30, 1997. The economic impact of each of the three years is 2%. The 2% increases were distributed as follows: FY 1995 12% on base wages, 2% towards health insurance; FY 1996 12% on base wages, 2% towards pension; FY 1997 2% on base wages.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission approve the Labor Agreement between the City of Great Falls and the Painters Local #260 and authorize the City Manager to execute said Labor Agreement.

Motion carried 5-0.

PETITIONS AND COMMUNICATIONS

Mr. Jim Mayberry requested the City Commission reconsider the variance request of Mrs. Verna McInnis. After a brief discussion, the City Commission stated that they would only reconsider the variance request if some changes were made to the original plan. Some of the changes suggested were: removing the old garage located at the back of the lot; eliminating the need to cut the side yard; and working with the neighbor so the protest is withdrawn. Mr. Mayberry stated he would talk with Ms. McInnis regarding the Commission's request.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of September 20, 1994, adjourned at 7:42 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1994 Commission Minutes
Commission Minutes listing page