JOURNAL OF COMMISSION PROCEEDINGS
November 15, 1994

Regular City Commission Meeting Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

MOMENT OF SILENCE: Commissioner Deming requested that all those in the audience stand and share in a moment of silence for the four Great Falls residents killed in an airplane crash earlier in the week.

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, Park & Recreation, Fairgrounds, Planning, Acting Fire Chief, Acting Police Chief, and the City Clerk.

PUBLIC HEARINGS

1.
RESOLUTION 8692, ANNEX LAND AT INTERNATIONAL AIRPORT AND A PORTION OF US HIGHWAY 91 ULM FRONTAGE ROAD.

On October 4, 1994, the City Commission adopted Resolution 8683 setting the public hearing for November 1, 1994 to consider the annexation of 1,798.15 acres owned by the City at the International Airport (including 19.89 acres contained in the former Robertson parcel) and 42.64 acres comprising a portion of U.S. Highway 91 Ulm North Frontage Road. On November 1, 1994, the City Commission opened and voted to continue the public hearing until November 15, 1994 Commission meeting.

The land to be annexed involves only land owned by the City of Great Falls at the International Airport and a portion of U.S. Highway 91 - Ulm North Frontage Road.

Mayor Morris declared the public hearing reopened. No one appeared to speak in opposition to Resolution 8692. Roy Aafedt, Cascade County Commissioner, spoke in support of the annexation. During his testimony, he stated that through this annexation it would make the development of the new jail facility easier. The City Manager clarified that this annexation did not involve annexing land other than land currently owned by the City of Great Falls. He added that he understood the location of the new jail facility to be on land owned by Cascade County. The City Manager added that although this does not annex the proposed jail site, this action will ultimately make the annexation of the site easier to do in the future.

There being no one further to address the City Commission on Resolution 8692, Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8692.

Commissioner Gilbert stated that the City began this process almost two years ago and the reason it took so long before final action could be taken was so that the airlines would not be financially injured in anyway through the annexation process.

Motion carried 5-0.

2.
RESOLUTION 8694, CLOSE A PORTION OF 1ST ALLEY SOUTH.

In a letter dated August 31, 1994, Blessed Trinity Catholic School submitted a formal request to install two temporary safety gates across portions of 1st Alley South between 28th and 29th Streets. The purpose of the request was to provide increased safety for students crossing the alley to access the playground area during school hours.

There wasn't a set procedure in OCCGF that allowed for placement of fences or gates on public right of way, including streets, avenues, alleys, etc. Consequently, roadway closure procedures in accordance with State Statute were followed, although the proposed restrictions (closure) on the use of the alley are only for specified periods of time.

On November 1, 1994, the City Commission adopted Resolution 8690 which set the public hearing on the closure of the portion of alley for November 15, 1994.

Mayor Morris declared the public hearing open. No one appeared to speak in opposition to Resolution 8694. Ms. Verna Vuckovich stated she was in support of the resolution and was available to answer any questions for the City Commission. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8694.

Motion carried 5-0.

3.
LEASE, OLD BOSTON HEIGHTS FIRE STATION BOSTON & GF ADD B41.

Staff advertised for bids to lease the old Boston Heights Fire Station for ambulance service October 11, 1994. The bid opening was held October 21, 1994, with no bidders responding. Because Staff knew of at least one bidder interested in the building who did not see the advertisement the lease was advertised for rebidding and the public hearing was continued. Again, no one submitted a bid to lease the Old Boston Heights Fire Station. Therefore, no further action was necessary on this item.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission close the public hearing.

Motion carried 5-0.

OLD BUSINESS

4.
ORDINANCE 2673, TITLE 9 AMENDMENT (ALLOWABLE SALE AND USE OF FIREWORKS WITHIN THE CITY LIMITS.

On April 5, 1994, the City Commission directed Staff, and at least one representative from the fireworks industry, to develop an ordinance defining banned and allowed fireworks. With the intent of lessening the potential risk of fire or injury to the citizens of Great Falls, the Fireworks Committee (Commissioner Bob Deming, Dick Swingley, Mike Mader, and Blaine Martin), met on September 13, 1994 to discuss which fireworks would and would not be allowed to be sold and displayed within the city limits of Great Falls.

On October 18, 1994, the City Commission accepted Ordinance 2673 on first reading.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Ordinance 2673.

Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

5.
RESOLUTION 8695, REMODEL TAX BENEFITS APPLICATION, GF 1ST ADD, B515, L6-8 & 10.

The property owner remodeled the commercial building at 1007 Central Avenue West. The building permit was issued April, 1994 and the project was completed October, 1994 at an estimated cost of $100,000.

Commissioner Bennett moved, seconded by Commissioners Everson and Gilbert, that the City Commission adopt Resolution 8695.

Motion carried 5-0.

6.
RESOLUTION 8697, COMMUNITY LIVABILITY AWARD.

The Community Livability award is established by approval of a joint resolution between the City of Great Falls and Cascade County Commissions. The purpose of the award is to recognize investment by the private sector in projects contributing to the quality of life of our community. The award would be on permanent display and commissioned by a local artist.

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8697.

Motion carried 5-0.

7.
RESOLUTION 8698, ESTABLISHING ICE USER FEES FOR THE FOUR SEASONS ARENA.

Resolution 8698 establishes the Ice User fees for the Four Seasons Arena. After several years of compiling cost information, Staff determined that with direct cost of labor, repairs, and utilities, the cost to provide ice is currently $91.85 per hour. The proposed increase to $80 per hour for primetime ice and $40 per hour for non-primetime will only partially offset the costs. However, it is anticipated with the new ice system and savings in utilities due to the improvements at the Four Seasons, the direct costs will decrease, thus making the gap between the costs to provide ice and the user fee, smaller.

Staff also recommended that the ice users prepay for ice time. The incentive to prepay for the user is a lower cost for ice use per hour. Prepayment must be made by the ice users at least monthly. It should be noted that ice users are the only recreational activity provided by the City of Great Falls that does not have the prepayment system implemented.

Finally, Staff recommended for scheduling purposes, the ice time be reduced from 60 minutes to 50 minutes. This would allow each new ice user to start at the beginning of each hour while allowing the Fairgrounds crew 10 minutes to prepare the ice for new users. Adjusting the time allowed on the ice to 50 minutes would also allow for one additional skating hour per day.

Commissioner Deming moved that the City Commission adopt Resolution 8698.

Motion died for lack of a second.

Commissioner Gilbert moved, seconded by Commissioner Everson, that: 1) The non-prime time ice fee be increased from $35.00 per hour to $37.00 per hour; 2) Prime-time ice fee be kept the same at $70.00 per hour; 3) All fees be paid monthly in advance. The concept is, if the ice isn't paid for, the skaters don't skate; 4) An additional $1.00 per hour be added to the fee to be put aside for an ice-equipment revolving fund. This means that the charge for non-prime time ice is $38.00 per hour with $1.00 going to the equipment revolving fund and $71.00 per hour for prime-time ice with $1.00 going to the equipment revolving fund; 5) A 48 hour written cancellation policy be put into effect; and 6) These rates are in effect through the end of this fiscal year and that Staff is directed to negotiate a three contract with ice users to begin July 1, 1995.

Commissioner Everson further directed that the contract language should include an increase in the ice equipment revolving fund fee and 50 minute hours. Commissioner Everson added that the goal of the contract is for ice users to be totally self-sufficient within 5 years; that the taxpayer will not continue to subsidize ice related activities.

Commissioner Deming stated that according to the MMIA, the City has been warned to find remedies to the safety issues on Rink 2.

Commissioner Bennett stated that all ice users should work together and develop goals and objectives as a means of communicating to the City Commission on the future of ice related activities in Great Falls.

Motion carried 5-0.

After a brief discussion, it was the consensus of the City Commission to instruct Staff to resolve the safety issues of Rink 2. Further, that the ice users provide assistance, as volunteers, to correct the problems brought to the Commission's attention on November 1, 1994.

CONSENT AGENDA
8.
Minutes, regular meeting, November 1, 1994; special meeting November 4, 1994.
9.
Claims over $500.
10.
Contract List.
11.
Utility Share Funding. Action transfers any credit balance in utility records that is over one year old to the General Fund and provides a donation of the same amount from the General Fund to the Utility Share fund.
12.
High Plains Development Authority allocation. Allocates $40,000 of appropriated Economic Development Revolving Funds to High Plains Development for FY 1994/95. Also states it is the intent of the City Commission to continue allocating funds to High Plains subject to annual review.
13.
Easement, Sight & Sound Park, with U.S. West Communication. Easement through a portion of Sight and Sound Park.
14.
Project Utility Agreement for I-315/14th Street SW Interchange (OF 941).Agreement with the Department of Transportation generally allows the State to do work on City utilities within the project and allocates the cost of that work between the City and the State. The City pays for 25% of all utility relocation costs and 100% of all betterment costs.
15.
City-County Mutual Aid Agreement. Agreement between Cascade County and the City of Great Falls consolidating snow and ice control maintenance activities on roadways within common jurisdiction boundaries.
16.
Change Order 1, 1st Avenue South Pavement Overlay (OF 1074). Change Order in the amount of $5,179.60 for additional work.
17.
Change Order 3, Fairgrounds Historic Buildings Renovation (OF 1035). Change Order in the amount of $8,745.94. The change order came about primarily as a result in demolition revealing damaged items that were previously unable to be seen, additional qualities to be repaired beyond original estimates and nearing the end of the project and being able to afford additional improvements beyond the original scope of work.
18.
Contract Bid Award, Civic Center Electrical Upgrade (OF 1057). Bid award to Liberty Electric in the amount of $124,532.00.
19.
Bid Award, Fuel Purchase. Bid award to H-W Distributors, Inc. of Great Falls for three years commencing December 1, 1994.
20.
Reject Bids, Tandem Axle Truck with Sideloading Refuse Packer. Reject bids because none of the bids met specifications.
21.
Final Claim, Civic Center Roof Replacement (OF 1040). Final payment Maddox Roofing in the amount of $11,102.85.
22.
Park & Recreation Building Interfund Loan. An interfund loan in the amount of $62,500 from the Central Garage Fund to the Facility Improvement Fund effective December 1, 1994 at an interest rate of 4.7% to be repaid from the Facility Improvement Fund on July 1, 1995 from FY 1995/96 appropriations.
22A.
Bid Award, Multi-Sports Concessions. Award bid to only bidder, K&P Inc. to provide concession services at the Multi-Sports Complex.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Deming, that the City Commission accept the Consent Agenda as printed minus item 13.

Commissioner Gilbert stated he was anxious for the ad hoc Bidding Committee to convene to address bid related issues.

Motion carried 5-0.

13.
EASEMENT, SIGHT & SOUND PARK, WITH U.S. WEST COMMUNICATION.

Easement through a portion of Sight and Sound Park. Sight and Sound Park is located immediately south of the Farmers Union Building on River Road.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission grant an easement to U.S. West Communication through a portion of Sight and Sound Park and authorize the City Manager to execute said easement.

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

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

CITY COMMISSION

24.
APPOINTMENT, LOCAL GOVERNMENT REVIEW STUDY COMMISSION, EX-OFFICIO MEMBER.

MCA 7-3-177(s) provides that every study commission shall include as an ex officio non-voting member, a member of the governing body or an elected official or employee of the local government appointed by the governing body.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission appoint Commissioner Bennett to the Local Government Review Study Commission as an ex-officio member.

Motion carried 5-0.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of November 15, 1994, adjourned at 7:38 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1994 Commission Minutes
Commission Minutes listing page