JOURNAL OF COMMISSION PROCEEDINGS
July 18, 1995

Regular City Commission Meeting Mayor Morris Presiding

CALL TO ORDER: 7:05 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, Finance, Personnel, Park & Recreation, Fire Chief, Police Chief, Acting Directors of Public Works and Fairgrounds, and the City Clerk.

PROCLAMATIONS: Mayor Morris presented the GFOA Distinguished Budget Award to Tim Magee, Finance Director.

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

1.
RESOLUTIONS 8746, ANNEXING LOT 2, BLOCK 3, FIRST ADDITION TO VILES' & ROBINSON'S ACRE TRACTS AND ACCOMPANYING ANNEXATION AGREEMENT.

Michael and Barbara Winters petitioned to annex Lot 2, Block 3, First Addition to Viles' and Robinson's Acre Tracts. The involved parcel is occupied by their residence which is addressed as 2405 Sixth Street NW.

The petitioners requested annexation in order to obtain City sanitary sewer service. The property is served by a tap to the City water main in the abutting portion of Sixth Street NW which was obtained more than 40 years ago prior to adoption of the present utility service/annexation policy. The petitioners experienced problems with their sewage drainfield. An existing City sanitary sewer main terminates in an alley at the southeast corner of the lot.

The Planning Board recommended approval of the annexation request.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the Annexation Agreement and adopt Resolution 8746 pertaining to Lot 2, Block 3, First Addition to Viles' and Robinson's Acre Tracts.

Motion carried 5-0.

2.
RESOLUTION 8748, AWARDING SALE OF SID 1268 BONDS.

On July 5, 1995, the City Commission adopted Resolution 8738 authorizing and providing for the issuance and sale of SID 1268 bonds in the amount of $858,000. On Tuesday, July 18, 1995, at 11:00 a.m., City staff conducted the bid opening, with a D.A. Davidson financial consultant in attendance. Staff recommended that the bid be awarded to Dain Bosworth.

The Net Interest Rate for the 15 year SID bond issue bid was 5.28441%. An additional .5% will be added to the interest rate assessed to the property owners as approved in the Resolution of Intent. Therefore, the property owners will have an annual interest rate of 5.78441% levied on the outstanding principal balance due on each assessable property within the district.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8748

Motion carried 5-0.

CONSENT AGENDA
3.
Minutes, July 5, 1995 regular City Commission meeting.
4.
Claims over $500.
5.
Contracts List.
6.
Set Public Hearing, Resolution 8739, Establishing FY 1995/96 Sanitation Service Rates. Public hearing set for August 1, 1995 at 7:00 p.m.
7.
Set Public Hearing, Resolution 8740, Boulevard Maintenance District Assessment. Public hearing set for August 1, 1995 at 7:00 p.m.
8.
Set Public Hearing, Resolution 8741, Portage Meadows Maintenance District Assessment. Public hearing set for August 1, 1995 at 7:00 p.m.
9.
Set Public Hearing, Resolution 8742, Street Maintenance District Assessment. Public hearing set for August 1, 1995 at 7:00 p.m.
10.
Set Public Hearing, Sale of City Owned Parcel. Sets August 1, 1995, 7:00 p.m., as the public hearing to consider a proposed sale of a portion of the former BN Railroad right-of-way now owned by the City. The property is in conjunction with OF 969, pertaining to the northeast corner of the intersection of 15th Street and River Drive.
11.
Employment Agreement, City Manager. Two year employment agreement between the City of Great Falls and John W. Lawton, City Manager.
12.
Facility Improvement Fund Project Approvals. Allocates $70,000 to replace the Library roof and $110,452 to construct the Civic Center West Parking Lot from the Facility Improvement Fund.
13.
MOU, Fox Farm Road/10th Avenue South Intersection Project (OF 1130). MDOT plans to reconstruct the intersection and enhance the adjoining roadways and traffic flow at said intersection. MDOT requires an MOU be executed for highway projects within the jurisdictional limits of municipalities.
14.
Easement in Valley View Park for 3 River's Cooperative Inc., T20N, R3E, Section 3. Twenty foot utility easement to install a fiber optic communication cable through the southern portion of Valley View Park for Montana State University-Northern. This easement is located near an existing easement with Montana Power Company.
15.
Change Order 1, 1995 Sewer Rehab, (OF 1083). P.E.C. presented an alternate proposal to use trenchless technology for a portion of the project, resulting in savings for the City. Staff recommended additional repairs be done in exchange for the savings.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus items #4, #12, and #15.

Commissioner Gilbert stated that the employment agreement for the City Manager was a part of the Consent Agenda. He added that the two year contract included a 2% increase for this fiscal year and a 12% increase for the following fiscal year.

Commissioner Gilbert also pointed out that Item 10 sets a public hearing for a land exchange to facilitate work on River Drive near 15th Street. He added that recently the City Commission had been accused of approving this exchange in a secret meeting several weeks ago. Commissioner Gilbert questioned how the exchange could have already been agreed to if the Commission was setting the public hearing this evening?

Motion carried 5-0.

4.
Claims over $500.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the Claims over $500 be accepted.

Commissioner Deming noted that one claim was to Howard Strause, an attorney representing a party who sued the City regarding the leases for Wadsworth Park. The Court ruled in favor of the party suing the City and as part of the ruling to pay attorney's fees for the other party.

Motion carried 5-0.

12.
Facility Improvement Fund Project Approvals.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission allocate $70,000 to replace the Library roof and $110,452 to construct the Civic Center West Parking Lot from the Facility Improvement Fund.

Commissioner Deming urged the City Engineer to research the costs of adding a pitched roof to the Library rather than reconstructing the flat roof. Jim Rearden, City Engineer and Acting Public Works Director, stated he would.

Motion carried 5-0.

15.
Change Order No. 1, 1995 Sewer Rehab (OF 1083).

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve Change Order No. 1, for the 1995 Sewer Rehab, and authorize the City Manager to execute the documents.

Commissioner Deming stated that this is a Change Order that benefits the City.

Motion carried 5-0.

CITY MANAGER

16.
FIREWORKS UPDATE.

Chief Hirose reported to the City Commission that this is the first year the City enforced the new ordinance limiting the types and days fireworks can be sold. He stated that Cascade County officials could not adopt a similar ordinance because they are not allowed to change state statutes. However, Cascade County officials can address the problem through zoning.

Chief Hirose stated that City staff provided an education program to users of fireworks and fireworks vendors. Staff also inspected each fireworks stand. He added that the 22 citations were issued for zoning violations. Chief Hirose reported that there were 241 fireworks related calls into the Dispatch Center, 3 of which were minor fires that resulted from fireworks.

Chief Hirose added that he received only positive comments and reports regarding the fireworks display hosted by the City. He stated that most people liked the idea of blocking off River Drive in front of Elks-Riverside Park.

Commissioner Gilbert asked if there was some way the City could restrict some of the signage for fireworks stands. He added that there were several signs directing people to a fireworks stand outside the City limits for bigger and better fireworks. Chief Hirose indicated that Staff would research that.

CITY COMMISSION

18.
COMMUNITY LIVABILITY AWARD - CONTRACT FOR ARTIST SERVICES.

Four Cascade County artists submitted proposals for pieces of original art to represent the Community Livability Award. The selection committee interviewed all four artists and recommended a commission be granted to Mike Hollern to create and install an outdoor metal sculpture on a concrete base and for the first copy of a bronze replica to be presented to the recipient of the Community Livability Award. The artist will receive $10,000 as compensation for the work.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission approve the Artist's Services Agreement with Mike Hollern for $10,000 and authorize the City Manager to execute the agreement.

Commissioner Gilbert stated he would not vote in support of this motion because he did not agree that public funds should be spent on art.

Motion carried 4-1 (Commissioner Gilbert dissenting).

PETITIONS AND COMMUNICATIONS

20A.
George Frost, 2919 Carmel, reported that recently there have been quite a few door-to-door sales people. He added that they were particularly aggressive and would not take "no" for an answer. He requested that the Commission adopt an ordinance to prohibit or control the door-to-door sales people. City Manager, John Lawton, stated Staff was looking into it and will propose something in conjunction with the Business License code changes.

20B.
Paul Stevens, 800 2nd Avenue North, suggested that the State of Montana allow the "Save the Bridge" group to invest the money budgeted for the demolition of the 9th Street Bridge, collect the interest, and use the money for either fixing up the bridge or demolishing it, after 10 or 20 years.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of July 18, 1995, adjourned at 7:57 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page