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

PROCLAMATION: Mayor Morris read a proclamation for "Not in My Town" Day.

PUBLIC HEARINGS

OLD BUSINESS

1.
ORDINANCE 2701, TITLE 5 AMENDMENTS REPLACING "PREMISE PERMIT" WITH "SAFETY INSPECTION CERTIFICATE.

On November 21, 1995, the City Commission adopted Ordinances 2672 and 2675 which incorporated a "Premise Permit" and "Special License" system in place of the business licenses previously issued by the City. The City Commission postponed action on Ordinance 2674 which was the ordinance requiring businesses to obtain either a premise permit or home occupation permit, whichever was applicable.

Following the November 21st meeting, Staff met to discuss options to resolve the concerns brought forth during the public testimony. One of the primary concerns from religious organizations was the use of the word "permit." After discussing the concerns, Staff proposes the Commission consider Ordinance 2701 which replaces the word "premise permit" with the words "safety inspection certificate." Staff feels that the phrase "safety inspection certificate" is more accurate and constructive and can be used in a variety of positive "community safety" campaigns. Exhibit A of Ordinance 2701, outlines the necessary language changes for this word substitution to take place.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2701.

Commissioner Gilbert stated that this represents the City’s efforts in protecting the freedom of religion.

Motion carried 5-0.

1A.
AMENDMENT TO RESOLUTION 8762.

Mayor Morris passed the gavel to Mayor pro-tempore, Bob Deming and made the following statement:

The cost of beer, beer and wine, and liquor safety inspection certificates is disproportionately high compared to the cost for other Great Falls businesses. The current structure is $500 liquor, $400 for beer and wine and $300 for beer.

I propose the certificate cost be the appropriate square footage charge plus $100. This places the tavern owners and other beer and wine outlets on a better level of parity with their business peers.

The $100 generates a $20,000 fund that is applicable to the more service intensive level of the alcohol industry. My belief is that if this $20,000 is equated to the principle of insurance, contributions from many for the benefit of those in need, that it is adequate funding. If it is not, then the Police Department prepares a case to ask the City Commission for increased funding. This process would not be any different than Public Works preparing to ask the City Commission for a water and sewer rate increase.

Simply put, this is a safety inspection certificate cost equity issue. I think at the proposed level it is adequately funded. Not long ago, this Commission deviated from the Staff proposed charges for the safety inspection certificate. No study was called for; it was done because it made sense and it was reasonable. I believe the same approach, regarding the tavern owners, is prudent and reasonable.

Following the prepared statement, Mayor Morris moved, seconded by Commissioner Deming, that Resolution 8762 be amended to read that the fee structure for retail alcohol be changed to the appropriate square footage charge plus $100 and that there be no change in catering fees.

Commissioner Gilbert stated that he seconded the motion for the purpose of discussion. He added that the motion was worthy of discussion but he did not support implementing the proposed amendment. Commissioner Gilbert suggested other points to consider and suggested that Staff study the concept during the next year.

Commissioner Everson concurred with Commissioner Gilbert and suggested that Staff study the fee structure in the next year and propose any amendments next December.

Commissioner Bennett concurred.

Mayor Pro-tempore called for the vote. The motion failed 1-4 (Commissioners Bennett, Deming, Everson and Gilbert dissenting).

Mayor Pro-tempore passed the gavel back to Mayor Morris.

2.
RESOLUTION 8765, COMPREHENSIVE PARK AND RECREATION MASTER PLANS SECTIONS I-VIII, INCLUDING PARK AND RECREATION BOARD ADDENDUMS 1 & 2

J.C. Draggoo and Associates completed the revised draft of the City of Great Falls Comprehensive Park and Recreation Master Plan and presented it to the Park and Recreation Board on August 14, 1995. The Park and Recreation Board reviewed, revised and approved the Plan and recommends that most of the Plan, with two addendums, be adopted by the City Commission. Staff, and the Park and Recreation Board recommended additional time was needed to consider the implementation/funding aspect of the plan. Those aspects will be presented to the City Commission at a later date.

On December 5, 1995, the City Commission conducted a public hearing and voted to postpone action on Resolution 8765 until December 19, 1995.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8765, Comprehensive Park and Recreation Master Plan, Section I-VIII, including Park and Recreation Board Addendums 1 & 2 and add the following language under Section VIII-32 Surplus Properties: "If there is interest by the neighborhoods regarding the sale of any of the surplus property, it is recommended that no sale will occur for one (1) year to allow the residents the opportunity to 1) develop a financial plan; 2) begin development of the park based on the plan’s recommendations. If such planning and/or development has not been initiated within one (1) year, the City should sell the proposed property."

Commissioner Everson suggested that Staff keep up a high level of communication with the neighborhoods where the master plan will have an impact, such as selling of park land. She added that Staff should advertise with signs posted in parks, use the media as extensively as possible and to continue to meet with the neighborhoods.

Commissioner Deming reviewed the process of the creation of the park master plan for the benefit of those sitting in the audience.

Commissioner Gilbert stated that although the plan is not perfect, and that not all the aspects of the plan will be liked by everyone, on the whole, it is a good plan. He concurred with Commissioner Everson’s comments for Staff to continue high levels of communication.

Commissioner Bennett stated that she liked the plan because of its flexibility. She added that the plan is a good place to start.

Mayor Morris called for the vote. Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

3.
ORDINANCE 2702, REZONE 4.8744 ACRES IN BLACK EAGLE PARK.

If approved, Ordinance 2702 will rezone a portion of Black Eagle Park from its present Suburban Residence Use, "A" Area District to 1st Industrial Use, "D" Area District. The property is located north of the General Mills elevators and between 25th Street North and American Legion Baseball Park. The purpose of the rezoning is to facilitate a lease by the City to Pasta Montana.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2702 on first reading and set 7:00 p.m., January 16, 1996, as the date for the public hearing and final reading.

Motion carried 5-0.

4.
RESOLUTION 8766, RECOVER THE COST OF REMOVAL AND DISPOSAL OF DISEASED ELM TREES.

Ten property owners were notified by certified letter to remove diseased elm trees within twenty days. The property owners did not comply with the request to remove the tree and a second letter was sent explaining the City had the authority to have the tree removed and a lien would be placed on the property to recover the cost of the removal. Again, the ten property owners did not comply and City staff obtained three bids for the removal of the trees. Resolution 8766 places a lien on the involved properties to recover the cost of removing the trees.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8766.

Motion carried 5-0.

CONSENT AGENDA
5.
Minutes, December 5, 1995, regular Commission meeting.
6.
Claims over $500.
7.
Contracts list.
8.
Use Permit list.
9.
Audit Report, FY 1994/95. Accept the FY 1994/95 Comprehensive Annual Financial Report and audit report.
10.
Responses to Audit Report. Responses to the audit report and management letter findings and recommendations and authorizes staff to submit the responses to the State of Montana, Department of Commerce and other government agencies as necessary.
11.
Set public hearing, Resolution 8768, Water and Sewer Rates. Sets public hearing for January 16, 1996, at 7:00 p.m.
12.
Agreement, Montana Power Company donating property at T21N, R3E, Section 36 to the City. Montana Power Company owns the two acre parcel bordering the west side of the Public Works Complex and the east side of North Middle School. MPC is offering to donate the property to the City. The following documents were created for this transfer: the agreement to donate; an agreement regarding disclosure, release and indemnification and an electric powerline easement.
13.
Agreement, Storm Drain Cost Share Agreement for 15th Street & River Drive (OF 998). Agreement with the Montana Department of Transportation approving the project’s storm drain cost share.
14.
Agreement, Utility Agreement for River Drive, 9th to 15th Streets (OF 998). Agreement with Montana Department of Transportation sets forth the apportionment of project engineering and construction costs between the City and the MDOT.
15.
Engineering Services Agreement, Lewis & Clark Interpretive Center (OF 1034). Agreement with Morrison-Maierle for engineering services for the Lewis and Clark Interpretive Center Utilities project. The estimated cost for their services is $45,154. Funding for these services will be provided by the U.S. Forest Service.
16.
Amended Plat, GF 3rd Addition, B296, Lot 7. The amended plat will subdivide a lot located at the southwest corner of the intersection of 2nd Avenue North and 17th Street into to separate lots. The approval includes the necessary variances to the minimum lot area and frontage requirements.
17.
Economic Development Loan, Source Giant Springs. On February 7, 1995, the City Commission approved a $100,000 Economic Development Loan to Source Giant Springs, Inc. One condition of the loan required the company’s land to be annexed to the City of Great Falls before funds could be released. Source Giant Springs, Inc. Requested the City advance the loan funds prior to annexation to meet the company’s second installment payment date on the land and building they have purchased. The action by the City Commission approved the release subject to: 1) receipt of application for annexation; 2) payment of all annexation fees; and 3) a signed loan agreement stipulating completion of annexation and allowing up to five years for connecting to water and sewer utilities.
18.
Change Order 1, 2nd Avenue South Pavement Overlay (OF 1095). Change order modifies the base use for the curb and gutter from concrete to gravel. The unit cost for curb and gutter were subsequently negotiated down to allow construction within the project budget.
19.
Final Claim, 2nd Avenue South Pavement Overlay (OF 1095). Final claim in the amount of $44,179.86 for United Materials of Great Falls and $446.26 to the State Miscellaneous Tax Division.
20.
Final Claim, Water Treatment Plant Electrical Modifications (OF 1030.1). Final claim in the amount of $16,008.65 to Cascade Electric and the State Miscellaneous Tax Division.
21.
Final Claim, 1995 Sewer Rehab (OF 1083). Final claim in the amount of $125,875.04 to Planned & Engineered Construction, Inc., and the State Miscellaneous Tax Division.
22.
Final Claim, 1995 Miscellaneous Street Repairs (OF 1113). Final claim in the amount of $144,856.40 to Shumaker Trucking and Excavating Contractors, Inc., and $1,463.20 to the State Miscellaneous Tax Division.
23.
Bid Award, Library Roof Replacement (OF 1131). Bid award to Sleeping Giant Roofing for the base bid and alternate #2 in the total amount of $59,845.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus items 17, 20 and 22.

Motion carried 5-0.

17.
ECONOMIC DEVELOPMENT LOAN, SOURCE GIANT SPRINGS.

On February 7, 1995, the City Commission approved a $100,000 Economic Development Loan to Source Giant Springs, Inc. One condition of the loan required the company’s land to be annexed to the City of Great Falls before funds could be released. Source Giant Springs, Inc. Requested the City advance the loan funds prior to annexation to meet the company’s second installment payment date on the land and building they have purchased. The action by the City Commission approved the release subject to: 1) receipt of application for annexation; 2) payment of all annexation fees; and 3) a signed loan agreement stipulating completion of annexation and allowing up to five years for connecting to water and sewer utilities.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the release of $100,000 Economic Development Loan funds to Source Giant Springs, inc. Upon: 1) receipt of application for annexation; 2) payment of all annexation fees; and 3) a signed loan agreement stipulating completion of annexation and allowing up to five years for connecting to water and sewer utilities.

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

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

20.
FINAL CLAIM, WATER TREATMENT PLANT ELECTRICAL MODIFICATIONS (OF 1030.1).

Final claim in the amount of $16,008.65 to Cascade Electric and the State Miscellaneous Tax Division.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the Final Pay Request to Cascade Electric, Inc., and the State Miscellaneous Tax Division in the total amount of $16,008.65 for the Water Treatment Plant Electrical Modifications (OF 1030.1) and authorize the City Manager to make the payments.

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

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

22.
FINAL CLAIM, 1995 MISCELLANEOUS STREET REPAIRS (OF 1113).

Final claim in the amount of $144,856.40 to Shumaker Trucking and Excavating Contractors, Inc., and $1,463.20 to the State Miscellaneous Tax Division.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission approve the Final Pay Request for Shumaker Trucking and Excavating Contractors, Inc., in the amount of $144,856.40 and payment of $1,463,20 to the State Miscellaneous Tax Division for the 1995 Miscellaneous Street Repairs (OF 1113), and authorize the City Manager to make the payments.

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

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

CITY MANAGER

24.
ORDINANCE 2703, ADMINISTRATION REORGANIZATION.

The purpose of this reorganization is to 1) provide better service to customers; 2) build a stronger management team, 3) make better use of the strengths of the individuals, 4) to strengthen certain departments and 5) to strengthen overall supervision.

For the past five years, only minor reorganizations have occurred because the organizational structure is of secondary importance. The most important factor in organizational life is to have the right people in the right places empowered to do their jobs. However, it is important to review the organizational structure occasionally to ensure that the right structure exists to support the right people in the right places.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept Ordinance 2703 on first reading.

Motion carried 5-0.

CITY COMMISSION

26.
SPECIAL PRESENTATIONS.

Commissioners Bennett and Deming presented Commissioners Vicki Everson and John Gilbert, and Mayor Morris with commemorative plaques thanking them for their dedication and hard work during the last four years.

27.
CITY COMMISSION.

Commissioners Gilbert and Everson made several comments regarding their tenure on the City Commission.

28.
PETITIONS AND COMMUNICATIONS.

Clayton Braden, 2708 4th Avenue NW, read the 14th Amendment to the City Commission.

Don Bedker, 3333 17th Avenue South, thanked the City Commission for giving the residents in the Russell Addition an opportunity to develop the Russell Park.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of December 19, 1995, adjourned at 7:45 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page