JOURNAL OF COMMISSION PROCEEDINGS
June 20, 1995

Regular City Commission Meeting Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

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, Library, Finance, Park & Recreation, Fairgrounds, Planning, Fire Chief, Police Chief, Acting Director of Public Works, and the City Clerk.

PUBLIC HEARINGS

1.
LAND EXCHANGE, FAIRGROUNDS LAND FOR MOUNTAIN WEST BANK LAND (T20N R3E SEC 2).

Mountain West Bank proposed the exchange of .11 acres that will allow the bank to construct a drive-in bank facility in conjunction with the construction of the new bank. The land to be received by the Fairgrounds is desirable land that can be put to productive use in their operations. The parcels are of equal size and value.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to the proposed land exchange. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission approve the exchange of .11 acre of Fairgrounds land (Tract A) for .11 acre of Mountain West Bank land (Tract B) and authorize the City Manager and staff to execute the necessary documents.

Motion carried 5-0.

2.
RESOLUTION 8736, INTENT TO BUDGET AN INCREASE IN REVENUE FROM PROPERTY TAXATION.

In accordance with 15-10-203 MCA and 7-1-4128 MCA, the City Commission specially published notices of intention to budget increased property tax revenue. Even though the City does not intend to increase its mill levy, there is a potential for $150,000 of additional tax revenue due to construction, improvements and other property valuation increases.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8736. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8736.

Motion carried 5-0.

3.
RESOLUTION 8737, ADOPT FY 1995/96 BUDGET.

In accordance with State statutes, the City Commission completed its preliminary budget for the upcoming fiscal year; placed the budget on file, open to public inspection; and published notices of a preliminary budget hearing. Staff recommended the City Commission conduct a hearing on the final budget and barring significant appeal by the residents of Great Falls, adopt said budget.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8737. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8737.

Motion carried 5-0.

OLD BUSINESS

4.
RESOLUTION 8676, CONDITIONAL USE, GF 4TH ADD B93 L8.

United Materials of Great Falls, applied for a conditional use to utilize Lot 8, Block 93, GF Fourth Addition, addressed as 2027 Eighth Avenue North, as a parking lot for their employees and customers. The involved property is presently zoned "C" Residence Use District which allows off-street parking for an adjacent business as a conditional use without the necessity of rezoning the property.

During a public hearing before the Planning Board on April 25, 1995, the Board passed a motion recommending the conditional use request be denied. Following the public hearing held June 6, 1995, the City Commission voted to postpone action on Resolution 8676 until June 20, 1995 in order to give United Materials an opportunity to resolve the issues with the neighborhood.

Sandie Ritchie, 2100 8th Avenue North, reported that United Materials had not approached anyone in the neighborhood to discuss the issues. City/County Planning Director, John Mooney, reported that, to date, United Materials had not resolved the neighborhood issues. Commissioner Everson stated that she supported the idea of neighbors working out problems. However, she could not support the Resolution because there was no attempt on the part of United Materials to contact the neighbors.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission deny Resolution 8676.

Motion carried 5-0.

5.
PRELIMINARY PLAT, CASTLE PINES SUBDIVISION.

The preliminary plat of Castle Pines Subdivision covers approximately 58 acres of land along the east side of 13th Street South generally between 24th Avenue and 31st Alley South. The preliminary plat consists of 34 proposed townhouse lots, 218 single family residential lots and 1 commercial lot.

The Planning Board conducted a public hearing on the preliminary plat, May 23, 1995. Opponents' concerns included surface drainage, groundwater, and traffic impacts and provision of City utilities around the perimeter of the project. At the conclusion of the public hearing, the Planning Board passed a motion adopting the recommendation contained in the Planning Staff report. However, the amendments supported by the Planning Board were contrary to Planning and Public Works staff recommendations which obligated the proposed subdivision for one-half the cost of an 8 inch water main in the portions of 13th Street South and 24th Avenue South paralleling the subdivision. Additionally, the full cost of a second source water-supply was also being required.

As a follow-up to the concessions granted the developer and in an attempt to keep the price of housing in the project affordable, the Board passed a motion that the City Manager explore the use of either City Housing or Community Development funds to enhance public improvements in the area surrounding the subdivision.

The developer proposed to pay a fee in lieu of setting aside land for park purposes and also proposed an innovative alternative by paying a set amount per lot or household per phase into an escrow account for eventual roadway improvements to those portions of 13th Street South and 24th Avenue South paralleling the subdivision.

On June 6, 1995, the City Commission voted to postpone action on this preliminary plat until June 20, 1995 in order to give Staff additional time to work out issues pertaining to the park land requirement and the utility improvements.

City Staff met with the developer and project engineer. Regarding the park requirement of the subdivision, Jerry Sepich reiterated the Park Master Plan recommends a 7-10 acre neighborhood park in the area. According to the developer, reserving or dedicating 6 to 7 acres of the subdivision for park would mean the loss of 32 proposed lots increasing the project costs by approximately 11%. The developer stated that such a cost increase would effectively terminate the project for the time being. Staff recognized the City owns two blocks of vacant land nearby that could be developed as a neighborhood park to serve future occupants of Castle Pines. Funds paid by Castle Pines in lieu of park dedication could be applied to the development of this property.

Also discussed was the difference in the developer's and staff's position concerning obligation for participation in water main costs in involved portions of 13th Street South and 24th Avenue South. The developer concurred in paying for 50% of the cost of proposed water mains in involved portions of 13th Street South and 24th Avenue South.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the preliminary plat of Castle Pines Subdivision and the attached Findings of Fact subject to the applicant fulfilling the attached conditions stipulated by the Planning Board amended to include within condition 6.f the requirement that applicant participate in the Subdivision's proportionate share of the cost of water mains in the described portions of 13th Street South and 24th Avenue South.

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

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

6.
WATER DISPENSING STATIONS - INTERLOCAL AGREEMENT.

At the April 4, 1995, City Commission meeting the City Commission voted to roll back the standpipe sales volume charge to $.25 per 200 gallons for 60 days and offer to Cascade County the standpipe operation. Staff and the Board of Commissioners of Cascade County worked together to prepare an interlocal agreement. The agreement provides the County with the discretionary authority to provide a bulk water supply and distribution service to county residents, based on the standard commercial water utility rate that the City regularly charges to private and public consumers. The fifteen year agreement, effective July 1, 1995 through June 30, 2010, transfers the responsibility, control and use of the three existing water dispensing station buildings and equipment to Cascade County.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission approve the Interlocal Agreement as proposed by Cascade County.

Motion carried 5-0.

7.
BID AWARD, LARGE SCALE ROTARY MOWER.

This item was pulled.

8.
BID AWARD, STACKING CHAIRS.

The City Commission postponed action on the bid award for stacking chairs at the fairgrounds because of issues raised by the low bidder. Staff recommended the City Commission award the bid to the second low bidder based on the grounds that the low bidder did not meet specifications.

At the June 6, 1995, Commission meeting, the City Commission voted to postpone action on the bid award until June 20, 1995 in order to for Staff to re-analyze the bids received. After analyzing the bids, Staff recommended to the City Commission to award the bid to Midwest Folding Products.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission award the bid for 2,000 stacking chairs to Midwest Folding Products in the amount of $84,140.

Commissioner Gilbert stated that he did not support the specifications for the bid and would not support the motion.

Motion carried 4-1 (Commissioner Gilbert dissenting).

NEW BUSINESS

ORDINANCES/RESOLUTIONS

9.
ORDINANCE 2691, AMEND SECTION 15.11.210 OCCGF PERTAINING TO SIGNS.

In the interest of encouraging businesses within the Business Improvement District to adopt a more uniform style of signage, the BID Board requested that they be provided the opportunity to review all new signage to be erected.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept Ordinance 2691 on first reading and set 7:00 p.m., July 5, 1995, as the date for the public hearing and final reading.

Commissioner Gilbert explained that the motion was setting the public hearing and not an indicator of support for the Ordinance. Commissioner Gilbert stated that he did not support the Ordinance at this point, however, supported conducting a public hearing and listening to those who support the Ordinance. Commissioners Deming and Everson concurred. Commissioner Bennett indicated she supported the Ordinance.

Motion carried 5-0.

CONSENT AGENDA
10.
Minutes, June 6, 1995 regular City Commission meeting.
11.
Claims over $500.
12.
Contracts List.
13.
Use Permit list
14.
Set public hearing, Business Improvement District FY 1995/96 Budget. Set public hearing for July 5, 1995 at 7:00 p.m.
15.
Set public hearing, Sale of City owned property, T20N R3E Sec 2 and 11 (portions). Sets public hearing for July 5, 1995 at 7:00 p.m. to consider the proposed sale of a portion of the former Milwaukee Railroad right-of-way adjacent Gibson Park.
16.
Bid Award, Tandem Axle Refuse Truck. Award bid for one new 1995 tandem-axle truck with rearloading refuse packer to Tri-State Equipment of Billings for $100,751.
17.
Manure Removal Contract. Waives bid requirement; declares situation a state of emergency as it pertains to health and safety for the general public as stipulated by MCA 7-5-4303 and awards the remainder of the contract to Leonard Lundby.
18.
Construction Agreement, SID 1268, with Montana Department of Transportation. Contract agreement with MDOT detailing the City's and MDOT's responsibilities for the project.
19.
Construction Contract Award, SID 1268. Award contract to United Materials of Great Falls in the amount of $1,830,389.50.
20.
Contract Award, Hill 57 Water Transmission Main Replacement (OF 1009.2). Award contract in the amount of $99,999.90 to Apple Valley Backhoe Service.
21.
Engineer/Procure Construct (EPC) Agreement: American Ethanol Tax Increment Bond Improvements (OF 1033). Agreement provides the means for Fluor Daniel to act as the City's agent for completion of all Tax Increment Bond projects related to the American Ethanol project.
22.
Development Agreement, Smelter Avenue/8th Street Northeast (OF 1104). Agreement between the City, Wal-Mart and Sletten Ranch Company for the development of off-site improvements.
23.
Agreement, Sletten Ranch Company Storm Drain Improvements (OF 1104). Agreement between the City and Sletten Ranch Company for the development of off-site drainage improvements.
24.
Tendering Agreement for Ella Water Tank Rehab (OF 908.2). Agreement between the City and TIG Insurance for the Ella Water Tank Rehab. The original contractor defaulted on their contract and was subsequently terminated by the City leaving the project unfinished. On October 28, 1994, the City made a claim on the contract Performance Bond which was provided by the Surety (TIG Insurance) in favor of the City in the amount of the contract. The City negotiated a Tendering Agreement with the Surety to complete the project at no additional cost to the City.
25.
Completion Contract Award, Ella Water Tank Rehab (OF 908.2). Award contract in the amount of $174,348 to DeLoughery Painting Company for the completion of the project.
26.
Inspection Services Contract, Ella Water Tank Rehab (OF 908.2). Inspection contract with Tank Industry Consultants for the completion of the project.
27.
Final Pay Request, Fairgrounds Utility Improvements (OF 1035). Final pay to United Materials of Great Falls, Inc., and the State Miscellaneous Tax Division in the total amount of $5,000.
28.
Final Pay Request, Multi-Sports Completed Fencing Project (OF 1063). Final claim in the amount of $8,722.95 for the project.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed minus items 10, 11, 17, 18, and 19.

Motion carried 5-0.

10.
Minutes of the June 6, 1995, regular Commissioner Meeting.

Commissioner Deming moved, seconded by Commissioner Gilbert that the minutes be approved with the following amendment, that on page 81, the sentence that reads "Motion carried 4-1 (Commissioner Gilbert dissenting)" be replaced with "Motion failed 3-2 (Commissioners Deming and Gilbert dissenting) as the motion required a super majority vote."

Motion carried 5-0.

11.
Claims over $500.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the claims over $500.

Commissioner Everson stated she would abstain due to a potential conflict of interest.

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

17.
Manure Removal Contract. Waves bid requirement; declares situation a state of emergency as it pertains to health and safety for the general public as stipulated by MCA 7-5-4303 and awards the remainder of the contract to Leonard Lundby.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission waive the bid requirement; declare a state of emergency as it pertains to health and safety for the general public as stipulated by MCA 7-5-4303; and award the remainder of the contract to Leonard Lundby.

Commissioner Gilbert stated that this is an example of why a performance bond is an important document to require.

Motion carried 5-0.

18.
Construction Agreement, SID 1268, with Montana Department of Transportation. Contract agreement with MDOT detailing the City's and MDOT's responsibilities for the project.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve the agreement with the Montana Department of Transportation and authorize the City Manager to execute the documents.

Commissioner Deming stated that he did not mean to pull this off the Consent Agenda.

Motion carried 5-0.

19.
Construction Contract Award, SID 1268. Award contract to United Materials of Great Falls in the amount of $183,389.50.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission approve (contingent upon Montana Department of Transportation approval) a construction contract with United Materials of Great Falls, Inc., in the amount of $1,830,389.50 for the 26th Street South Roadway and Storm Drain Improvements, (SID 1268), direct Staff to balance the project budget through cost control and/or additional revenues and authorize the City Manager to execute the construction contract documents.

Commissioner Deming complimented the Public Works staff for their hard work on this project.

Motion carried 5-0.

BOARDS AND COMMISSIONS

29.
APPOINTMENT, BOARD OF ADJUSTMENT/APPEALS.

Dona Stebbins submitted her resignation to the Board of Adjustment/Appeals, May 19, 1995, therefore it was necessary to make appointments to this Board.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission appoint Robert Haffner to the Board of Adjustment/Appeals to complete the remainder of Dona Stebbins term which expires September 30, 1997.

Motion carried 5-0.

30.
APPOINTMENT, STATE FAIR ADVISORY BOARD.

The term of Jim Gammel expires June 30, 1995, therefore it was necessary to make an appointment to this board.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission appoint John Palagi to the State Fair Advisory Board for a three year term beginning July 1, 1995 and expiring June 30, 1998.

Motion carried 5-0.

31.
APPOINTMENTS, BUSINESS IMPROVEMENT DISTRICT<.

The terms for Tim Murphy and Vern Rothschiller expire June 30, 1995, therefore it was necessary for the City Commission to make appointments to this Board.

Commissioner Bennett moved, seconded by Commissioners Deming and Everson, that the City Commission appoint Barb Moe and Vern Rothschiller to the Business Improvement District for a four year term beginning July 1, 1995 and expiring June 30, 1999.

Motion carried 5-0.

33.
CITY COMMISSION.

A.

Commissioner Gilbert stated approximately one month ago, Mr. Clay Braden, informed the City Commission that he was unhappy with a response from the Fire Department to a fire at his home last August. The City Commission directed Staff to research the incident and report back to them.

Chief Hirose reported, that according to the Fire Report, the call was received in the dispatch center at 11:51 hours and arrived approximately 5 minutes later. He also reported that while on scene, the firefighters could not investigate the cause of the car fire because Mr. Braden would not allow them to and a sheriff's deputy was called.

B.
Commissioner Deming stated he was attending the Montana League of Cities and Towns board meeting on Friday, June 24, 1995.

34.
PETITIONS AND COMMUNICATIONS.

A.
Clay Braden responded to the report provided by Chief Hirose regarding the incident at his residence last August. He stated even though the report documents a 5 minute response time, he does not believe it and is not happy with the service provided to the residents in fire districts.

ADJOURNMENT

There being no further business to come before the City Commission, the regular meeting of June 20, 1995, adjourned at 8:07 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page