JOURNAL OF COMMISSION PROCEEDINGS
September 19, 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, and John Gilbert. Commissioner Everson absent. Also present were the Acting City Manager, City Attorney, Directors of Public Works, Finance, Park & Recreation, Fairgrounds, Planning, Fire Chief, Library, Acting Director of Community Development, and the City Clerk.

PUBLIC HEARINGS

1.
ORDINANCE 2694, TITLE 12, CHAPTER 4, OCCGF, REVISIONS TO BOULEVARD USE PERMITS.

The proposed changes to 12.04 OCCGF would allow permits to be issued to utilize portions of the public boulevard for a fee, where the use would not cause a hazard to public health, safety or welfare. Additionally, the proposed changes contain provisions that would allow staff to revoke the permits should the encroachment be found to be a hazard at a future date or if it becomes necessary for the City to utilize the right-of-way. The owner would agree to remove the improvement at no cost to the City should the need arise.

Mayor Morris declared the public hearing open. Those speaking in support of Ordinance 2694 were: Robin Pfiffenberger-Hess, 1126 4th Avenue South.

Those speaking in opposition to said ordinance were: Jim Meade, a representative from the Great Falls Transit District Board. Mr. Meade requested that the ordinance be amended to exclude a public entity, such as the transit district, from paying an annual fee to use the boulevard area. Conrad Service, 1725 16th Avenue South, also spoke in opposition to the ordinance because the fee schedule had yet to be determined.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Ordinance 2694.

Commissioner Gilbert stated that he understood Staff did not support this ordinance, however, it encourages flexibility. Commissioner Gilbert added that he was not inclined to exempt other public agencies from the fee schedule. Additionally, Commissioner Gilbert stated that until this ordinance, those people infringing onto the boulevard had no other choice but to remove the property, etc. from the boulevard. This ordinance provides an option.

Commissioner Deming cautioned that the intent of this ordinance was not to allow widespread proliferation into the boulevard areas in Great Falls. Rather, it is to provide an option in some circumstances.

Commissioner Bennett stated that there could be some potential problems. However, the ordinance provided needed flexibility in the area of boulevard usage.

Motion carried 4-0.

2.
ORDINANCE 2695, TITLE 8, CHAPTER 51, CREATING A PROPERTY MAINTENANCE ORDINANCE.

If adopted, Ordinance 2695 would establish a law encouraging property owners to maintain their properties in a safe, healthier, aesthetic, and appealing condition. Thereby, improving the image of the City as a whole and allowing the rights of adjacent property owners to enjoy their properties.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2695. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioners Bennett and Gilbert, that the City Commission adopt Ordinance 2695.

Commissioner Deming stated that this ordinance provides a necessary enforcement mechanism to aesthetically enhance the community.

Motion carried 4-0.

3.
RESOLUTION 8743, LEVY AND ASSESS SPECIAL IMPROVEMENT DISTRICT 1268.

In order to legally provide for the necessary assessment support, State law requires the City Commission to conduct hearings and adopt authorizing resolutions. SID 1268 was created to defray the cost of improvements on 26th Street South from 10th Avenue to the south city limits and 11th Avenue South between 26th and 29th Streets. The assessment list included with Resolution 8743 illustrated the annual individual cost per lot within the district.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8743. Mayor Morris declared the public hearing closed.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8743.

Motion carried 4-0.

4.
RESOLUTION 8744, LEVY AND ASSESS SPECIAL MAINTENANCE LIGHTING DISTRICTS.

In order to legally provide for the necessary assessment support, State law requires City Commission to conduct public hearings and adopt authorizing resolutions. City Commissions are authorized to create lighting districts and to assess the costs of installing and/or maintaining the district to the owners of the property embraced within the boundaries of such districts.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8744. Mayor Morris declared the public hearing closed.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8744.

Motion carried 4-0.

5.
RESOLUTION 8752, LEVY AND ASSESS SPECIAL LIGHTING DISTRICT 1276.

SLD 1276 was created by the City Commission on November 1, 1994. The initial operation, maintenance and administrative assessment is for the alley lighting in 3rd Alley Southwest between 11th and 12th Streets for the period from January 14, 1995 turn-on date through the year ending June 30, 1996. State law requires that the City Commission conduct a public hearing and adopt a resolution authorizing the assessments.

Mayor Morris declared the public hearing open. No one appeared to speak in opposition or support of Resolution 8752. Mayor Morris declared the public hearing closed.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8752.

Motion carried 4-0.

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

6.
RESOLUTION 8745, ASSESSING THE BUSINESS IMPROVEMENT DISTRICT.

The Business Improvement District was created in 1989 by petition of the property owners in the district. Assessments were levied upon property in the district to fund the BID. As in prior years, the assessment required for 1995/96 is based on the assessment formula approved with the creation of the district. The 1995/96 assessment per lot is indicated on the assessment projection summary incorporated in Resolution 8745.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8745.

Motion carried 4-0.

7.
ORDINANCE 2696, TITLE 3, CHAPTER 4, OCCGF, REVISION TO REAL & PERSONAL PROPERTY SALE, TRADE OR LEASE.

Ordinance 2696 amends the requirements for real and personal property transactions between the City and other governmental entities by eliminating the requirement for an appraisal or advertising for bids.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Deming, that the City Commission accept Ordinance 2696 on first reading and set 7:00 p.m., October 3, 1995, as the date for the public hearing and final reading.

Motion carried 4-0.

8.
ORDINANCE 2697, TITLE 8, CHAPTER 4, OCCGF, REVISIONS PERTAINING TO REST ROOMS.

The current municipal code requires all restrooms available to the public or employees to have towels or drying devices, soap and both hot and cold running water. There are city and county facilities that do not comply with all requirements due to the nature of the facility, seasonal use or because the costs of providing the requirement would be an excessive burden and outweigh the potential benefits to the public.

The cost and practicality of bringing all current public restroom facilities into compliance with the existing city ordinance exceeds the benefit of the ordinance for the city parks and other areas where hot water is not easily provided, where the facility is not heated, and where the opportunity for damage due to vandalism exits.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2697 on first reading and set 7:00 p.m., October 3, 1995, as the date for the public hearing and final reading.

Motion carried 4-0.

9.
RESOLUTION 8755, INTENTION TO ANNEX A .035 ACRE TRACT OF LAND ADJACENT TO LOT 8, BLOCK 2, NORTH RIVERVIEW TERRACE, SECTION 4, PART 2.

Lete Connelly owns and resides in the dwelling unit located on Lot 8, Block 2, North Riverview Terrace, Sec. 4, Part 2 (529 Riverview Drive Northeast). The owner desires to expand her lot to include an additional 20 feet to the rear for yard space. The existing house is provided water and sewer service and access through the abutting Riverview Drive Northeast. The remainder parcel (Mk. No. 8B) from which the 20 foot strip is being taken, will continue to be owned by Donald Seidel of 528 29th Avenue Northeast.

The Planning Board adopted a motion recommending the City Commission approve the annexation. Resolution 8755, sets the public hearing for the proposed annexation resolution for October 17, 1995.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8755.

Motion carried 4-0.

CONSENT AGENDA
10.
Minutes, September 5, 1995 regular City Commission meeting.
11.
Claims over $500.
12.
Contracts List.
13.
Use Permit list
14.
Set Public Hearing, Resolution 8754, Conditional Use for Lot 2, Block 1, Medley Addition. Sets public hearing for October 17, 1995, at 7:00 p.m.
15.
Contract Award, River's Edge Trail (OF 1029.1). Awards contract to United Materials of Great Falls, Inc., in the amount of $347,314.
16.
Bid Award, ½ Ton Pickup Trucks. Awards bid to Bison Ford for four new 1996 ½ ton pickup trucks in the amount of $56,870.
17.
Bid Award, ¼ Ton Pickup Trucks. Awards bid to Bison Ford for three new 1996 ¼ ton pickup trucks in the amount of $38,448.50.
18.
Bid Award, Street Sanding Material. Award bid to United Materials of Great Falls, Inc., to supply $5,000 tons of street sanding material delivered to the Public Works Complex at $8.50 per ton.
19.
Bid Award, 300 Gallon Plastic Refuse Containers. Award bid to WasteCo Manufacturing of Dickinson, North Dakota, in the amount of $31,500 for two hundred 300 gallon plastic refuse containers without lids.
20.
Change Order 1, Dutch Elm Disease Tree Removal. Change Order 1 allows Ruby Valley Tree Removal to also begin removing 418 tree stumps for $65 per stump.
20A.
Quit Claim Deed, T20N R4E Section 6, Govt. Lot 5, (OF 998). Clears title for miscellaneous right-of-way for 558 square feet of land located on the north side of River Drive, just west of the intersection with 15th Street North.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda.

Commissioner Gilbert stated that in regards to Item 15, that the City Commission needs to publicly thank Doug Wicks for all his hard work on the River's Edge Trail.

Commissioner Gilbert asked Park and Recreation Director, Jerry Sepich, to explain the reason for the Change Order for Item 20. Jerry Sepich explained that the Park and Recreation Staff anticipated the removal of approximately 400 diseased elm trees this year. However, when the removal program began, it was determined that approximately 170 trees were all that needed to be removed. Additionally, that while the tree removal contractor was in Great Falls and willing to do the additional work, to allow the tree removal contractor to begin removing the tree stumps.

Commissioner Gilbert suggested that the specifications for all contracts include start and completion dates as part of the bid package.

Motion carried 4-0.

CITY MANAGER

No reports.

CITY COMMISSION

No reports.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of September 19, 1995, adjourned at 7:53 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page