JOURNAL OF COMMISSION PROCEEDINGS
August 1, 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, Finance, Library, Acting Fire Chief, Police Chief, acting Directors of Park and Recreation and Public Works, and the City Clerk.

PROCLAMATION: The Jade Dragon Taekwondo School of Karate presented money they raised to replace damaged trees in the City parks.

PUBLIC HEARINGS

1.
RESOLUTION 8739, FY 1995/96 SANITATION SERVICE RATES.

Resolution 8739 establishes the sanitation service rates for FY 1995/96. Staff proposed a 6% increase in commercial rates. Staff also proposed that residential rates would remain the same.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8739. Mayor Morris declared the public hearing closed.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8739.

Motion carried 5-0.

2.
RESOLUTION 8740, BOULEVARD MAINTENANCE DISTRICT ASSESSMENT.

Resolution 8740 provides for the FY 1995/96 Boulevard Maintenance District assessment. Staff proposed that the assessment remain the same as FY 1994/95. This results in an assessment of $57.75 for an average lot of 7500 square feet.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8740. Mayor Morris declared the public hearing closed.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8740.

Motion carried 5-0.

3.
RESOLUTION 8741, PORTAGE MEADOWS MAINTENANCE DISTRICTRESOLUTION 8741, PORTAGE MEADOWS MAINTENANCE DISTRICT.

Resolution 8741 provides for the FY 1995/96 Portage Meadows Maintenance District assessment. Staff proposed that the assessment equal $10,000 which is an increase of $880 over the amount assessed in the previous fiscal year. This results in an assessment of $88.98 for an average lot of 7500 square feet compared to the FY 1994/95 assessment of $81.15 for the same size lot.

Mayor Morris declared the public hearing open.

Commissioner Deming moved that the City Commission close the public hearing and postpone action until August 15, 1995. Motion died for lack of a second.

Mr. Chuck Leggate, 404 Deerfield Court, explained that he has been researching the City's records regarding the Portage Meadows Assessment and found that actual revenues for this past year were $12,200 while the actual expenditures posted against the account were $5,039.20. Mr. Leggate stated that even though there is money left over in the assessment account, Staff requested an $800 increase in the assessment. Mr. Leggate explained that Staff reviewed his findings with him and illustrated that all the expenditures were not properly charged to the right account.

Further, Mr. Leggate stated he was told by City Staff at the end of each fiscal year, any money remaining in the Portage Meadows Assessment fund was transferred to the general fund. Mr. Leggate suggested that Staff get the books in order before proposing an increase. Mr. Leggate also stated that the maintenance of the Portage Meadows area was poor and the area needs additional attention.

Mr. Tim Magee, Finance Director, explained that the City did collect $12,200 last year because delinquent taxes were collected and added to the fund. He stated that the actual assessment is $9,900 and that the expenditures for maintenance of the Portage Meadows green belt area exceed that amount. Further, that in the event monies are left over in the assessment fund, they are not turned over into the General Fund, they remain in the Portage Meadows Assessment Fund.

Mr. Lawton, City Manager, explained that the Staff responsible for this fund were not present. However, he would get a full accounting and release the information to the City Commission and Mr. Leggate. Further, Mr. Lawton stated that the accounting would include the maintenance level of the area.

Robin Fleek, 5124 Silverwood Court, requested information regarding the Portage Meadows Assessment. She stated she heard there were other options for the homeowners beside the assessment method for maintaining the green belt. For example, she suggested that the City deed the green belt area to the adjacent landowners. Or, the homeowners form a homeowners association to be responsible for maintaining the green belt area.

Mr. Lawton, City Manager, explained that City Staff will contact Mrs. Fleek and review the options with her.

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

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission close the public hearing and postpone action on Resolution 8741 until August 15, 1995.

Commissioner Gilbert stated that he was embarrassed by Mr. Leggate's findings and suggested that City Staff be available to meet with the Portage Meadows' residents.

Motion carried 5-0.

4.
RESOLUTION 8742, STREET MAINTENANCE ASSESSMENT.

Resolution 8742 provides for the FY 1995/96 Street Maintenance District. Staff proposed to raise the assessment 50%. Major capital improvements to City streets were deferred for the past several years due to lack of funds. The assessment increase will help offset rising costs for repair and preventative maintenance.

Staff also proposed to infuse the Street Maintenance fund with a one time contribution from the General Fund. Additionally, Staff proposes to research and implement a special assessment for heavy equipment and large vehicles to include sanitation vehicles, busses and heavy construction equipment. This special assessment will be used to maintain streets damaged due to the weight from those vehicles.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8742. Mayor Morris declared the public hearing closed.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8742.

Motion carried 5-0.

5.
WADSWORTH PARK LEASES.

On July 12, 1995, the City solicited proposals, including a lease bid price, for various areas of Wadsworth Park. The City received six proposals for these areas. A five member evaluation committee made up of City staff and a member of the Park and Recreation Board, met and the consensus was that the written proposals did not provide sufficient information to adequately evaluate the proposals. The concerns of the committee were: financing available to support proposals; long term goals and objectives were not identified; questions on whether liability insurance requirements could be met. The Committee recommended to the City Commission to conduct the public hearing and then postpone action on the leases until they had adequate time to address the concerns.

Mayor Morris declared the public hearing open. Those speaking were as follows: Mr. W. R. Patte, (2913 Wilkerson Ln), stated that he did not see a need for the City to go through the process of bidding the leases for the park when the park should be used for "general purposes."

There being no one further to address the City Commission regarding the leases of areas of Wadsworth Park, Mayor Morris declared the public hearing closed.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission postpone the awarding of the leases at Wadsworth Park to allow time for staff to evaluate the proposals.

Commissioner Gilbert stated that it is important for Staff and the City Commission to go through this process and make the right decision. The proposals are complex and that time is needed in order to make the right decision.

Mr. Patte asked if the City Commission was going to set a time when the proposals needed to be brought before the City Commission.

Commissioner Deming then moved, seconded by Commissioner Everson, that the motion be amended to read, "that the City Commission postpone the awarding of the leases at Wadsworth Park, until September 5, 1995, to allow time for staff to evaluate the proposals.

Motion to amend carried 5-0.

Motion as amended carried 5-0.

6.
SALE OF CITY OWNED PARCEL, T20N R4E SEC 6 (OF 998).

The Montana Department of Transportation expressed interest in acquiring a narrow segment of former railroad right of way to accommodate plans to improve the intersection at the south end of the 15th Street North Bridge. Based on an independent appraisal conducted by the Montana State Department of Transportation, the State offered $1.00 per square foot ($23,958). The State also agreed to pay $342 for all access rights to the parcel for a total sum of $24,300. Staff proposed that the proceeds from the sale be placed in the River's Edge Trail Trust Fund for continued development and enhancement of the trail.

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

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve the sale of a portion of former BN Railroad right of way located in the northeast corner of the intersection of 15th Street and River Drive to the Montana Department of Transportation for $24,300 with the proceeds to go to the River's Edge Trail Trust Fund and authorize the City Manager to execute the necessary documents.

Motion carried 5-0.

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

7.
RESOLUTION 8749, PRESCRIBING FORM, TERMS AND COVENANTS FOR SID 1268.

On July 5, 1995, the City Commission adopted Resolution 8738 which authorized and provided the issuance and sale of bonds in the amount of $858,000 for SID 1268. On July 18, 1995, the City Commission adopted Resolution 8748 awarding the sale of said bonds to Dain Bosworth. Resolution 8749, prescribes the form, terms and covenants for the bond sale.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8749.

Motion carried 5-0.

8.
RESOLUTION 8750, SETTING THE TAX LEVY FOR FY 1995/96.

The City Commission adopted the annual budget for FY 1995/96. The estimated, Net City Mill Value for 1995 is $65,873 and the estimated Net City Collectible Value per Mill is $59,319. Staff proposed the City mill levy remain unchanged from the previous fiscal year.

Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8750.

Commissioner Gilbert stated that the value of the mill only went up .7%. Commissioner Deming asked the City Manager to explain what the impact of I-105 is to cities. Mr. Lawton explained that cities can levy the same number of mills that were in affect at the time I-105 was approved by the voters in Montana. Commissioner Deming concluded that cities have had to absorb inflation rates since the approval of I-105.

Motion carried 5-0.

9.
RESOLUTION 8751, ANNEXING HEREN ADD. B3, L1.

Property owner, Cliff Wadsworth, petitioned to annex Lot 1, Block 3, Heren Addition. The involved 3.36 acre lot is located along the north side of 2nd Avenue North at 46th Street North and is entirely surrounded by incorporated property. Being processed simultaneously with the annexation is an Amended Plat subdividing the area requested to be annexed into two parcels. Proposed Lot 1 is requested to be zoned "C" Residence Use, "C" Area District, upon annexation and is intended to initially accommodate a 14 unit apartment complex. Proposed Lot 1A is requested to be zoned "GC" General Commercial District, "C" Area District, and may be used for a construction office site.

At its July 11, 1995, the City-County Planning Board passed a motion recommending the City Commission approve the annexation and amended plat request.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission approve the Amended Plat and Annexation Agreement and adopt Resolution 8751 pertaining to Lot 1, Block 3, Heren Addition.

Motion carried 5-0.

CONSENT AGENDA
10.
Minutes, July 5, 1995 regular City Commission meeting.
11.
Claims over $500.
12.
Contracts List.
13.
Bid Award, Asphaltic Concrete Material. Bid award to the lowest responsible bidder, United Materials, Inc., in the amount of $25 per ton.
14.
Easement, Sight & Sound Park Fifteen foot utility easement for Apollo Enterprises in Sight and Sound Park.
15.
Easement, Oddfellows Parking Improvements (OF 1093.4). Easement provides for an electrical line across Lot 1, Block 1, Broadwater Bay Addition. As part of the Oddfellows Parking Improvements an existing power pole needed to be removed. Removing the power pole will offset existing electrical lines.
16.
Set Public Hearing, Sale of City Owned Park Land for River Drive Project (OF 998). Sets public hearing for August 15, 1995.
17.
Temporary Construction Permit, Montana Department of Transportation. Construction permit regulating ingress and egress in conjunction with plans to improve the intersection at the south end of the 15th Street North Bridge. Total proceeds and compensations to be provided by the State amount to $1,950. The permit would apply to a parcel of City owned land which was a former BN Railroad right of way now occupied by the River's Edge Trail.
18.
Amended Plat of Amended Plat of Lot 10, Block 17, Valley View Homes, Section 6. Subdivides lot into three parcels.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed minus Item 16.

Motion carried 5-0.

16.
SET PUBLIC HEARING, SALE OF CITY OWNED PARK LAND FOR RIVER DRIVE PROJECT (OF 998).

The Montana Department of Transportation offered to purchase several parcels of City owned land and park land (Elks-Riverside Park) for use as roadway right-of-way for the River Drive Reconstruction Project. In order to facilitate the transfer and to comply with city ordinance, the City Commission was asked to set a public hearing for August 15, 1995.

Commissioner Deming moved, seconded by Commissioner Everson that the City Commission set August 15, 1995 as the public hearing date for consideration of the proposed sale of City owned land and park land for the River Drive (9th - 15th Streets) Project.

Commissioner Deming stated that the Agenda Cover sheet, as read by Mayor Morris while introducing the Consent Agenda, listed the public hearing as August 1, 1995. However, the public hearing was actually being set for August 15, 1995.

Motion carried 5-0.

BOARDS AND COMMISSIONS

19.
APPOINTMENT, STATE FAIR ADVISORY BOARD.

Scott Sturges passed away in June 1995, therefore it was necessary to make an appointment to this board to fill the remained of Mr. Sturges' term.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission appoint Rod Robinson to the State Fair Advisory Board to fill the remainder of Scott Sturges' term, beginning August 1, 1995, and expiring June 30, 1996.

Motion carried 5-0.

CITY COMMISSION

21.
1995/96 GOALS AND OBJECTIVES.

The City Commission, together with City Staff, prepared the 1995/96 Goals and Objectives. The Goals and Objectives are the foundation for City operations.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt our 1995/96 Goals and Objectives.

Commissioner Bennett thanked those members of Staff who participated with the goal setting session. Commissioner Deming stated that he appreciated the Goals Report which has been compiled by Staff.

Motion carried 5-0.

22A.
Commissioner Deming thanked the members of the Park Board and Park and Recreation Staff for conducting the town meetings on the proposed Park Master Plan during the previous week. Additionally, he complimented the Fair Board members for their participation and visibility during the Montana State Fair.

23.
PETITIONS AND COMMUNICATIONS

A.
Clayton Braden requested that Staff include addresses and not just the legal description in legal notices.

B.
Robert Kurtz, 308 9th Street SW, expressed concern about possible drug activity at a certain address. He stated he talked with the Police Department, however, the activity continued. Chief Jones explained that the Police Department has been attempting to contact Mr. Kurtz for several days, however, received no response to phone calls and no was at home when they attempted personal contact. Chief Jones requested Mr. Kurtz to call him when he was home to set up a time to meet.

C.
Paul Stevens, 800 2nd Avenue North, asked several questions regarding the up-coming Commission election and also made several comments regarding the 10th Street Bridge.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of August 1, 1995, adjourned at 8:34 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page