| Regular City Commission Meeting | Mayor Bennett presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Bill Downer, Randy Gray and John Rosenbaum. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Fiscal Control, Management Information Services, Park & Recreation, Acting Director of the Fairgrounds, Planning, Fire Chief, Police Chief, and the City Clerk.
PUBLIC HEARINGS |
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Ord. 2739, Parade Policy. Continued action until June 16, 1998. |
1.
ORDINANCE 2739, PARADE POLICY.
The purpose of the ordinance is to create a City policy governing and controlling street closures for parades, processions, fun runs, and other special events; provide for public and participant conduct during such events; establish parade routes; and define the application process. In addition, the ordinance mediates a risk management program for such events which set guidelines and requirements for both the public and the participants to create a safe, enjoyable event for everyone. Jerry Sepich, Park and Recreation Director, explained that the differences between the current parade policy and the proposed ordinance are: 1) there are definitions of parade, march, and other words associated with parades; 2) throwing candy is prohibited; and 3) it requires that parade organizers to have liability insurance. Mayor Bennett declared the public hearing open. Those speaking in support of Ordinance 2739 were as follows: Mary Dykstra, owner of Pizazz, asked that consideration be given to an alternative route. She suggested that because of the 10th Avenue South project there will be an increase in traffic in the downtown area. She also suggested that City Staff ask those who are involved in organizing parades be involved in the development of the ordinance. Everett Joslyn, Shrine East/West Parade organizer, stated he agreed with the proposed ordinance. However, he was concerned about 12.14.040(5) which requires people to walk along side the horses and some floats. He stated he does not have enough volunteers working the Shrine Parade to meet this requirement. He added that he supported the requirement banning candy throwing. He stated that another item of concern was the timing requirement for placing and removing of barricades before and after the parade. He stated that the requirement was too short. Finally, he stated that the provision banning sales and solicitations could negatively impact the East/West Shrine parade because they sell tickets and hats to the football game during the parade. Jerry Evans, 5400 8th Avenue South, stated the Shriners are generally supportive of the ordinance. However, he was concerned about the ordinance limit for police escorts. He added that more police officers could be necessary. He suggested that parade organizers be given a choice on the barricade removal. He stated that the organizers could either pick up the barricades or make arrangements with the City to hire some kids to help parade organizers pick up barricades. Doug Ormseth, Executive Director of the Business Improvement District, stated he supported the concept of having an ordinance such as this. However, he stated he was unaware that this ordinance was being considered and requested that the City Commission postpone action it until he had some time to review it. Diane Kuntz, Montana Bar and member of the Downtown Business Association, concurred with Mr. Ormseth. She added that she was concerned about the liability insurance requirement. She added that this is too expensive and some of the parade organizers could not afford it. Dutch Vandenboss, 1608 1st Westhill Drive, stated that if the ordinance is too restrictive people would stop organizing parades. Judy Sergeant, Downtown Business Association, stated she supported the ordinance however she was concerned about the barricade placement requirement. She stated that the downtown should be blocked off earlier in order to eliminate vehicle parking along the parade route. Mayor Bennett asked for those who opposed the ordinance to come forward. No one spoke in opposition to the ordinance. Mayor Bennett asked for the direction of the Commission. She stated that the Commission could continue the public hearing or move to close the public hearing and table action and ask Staff to address the questions that had come up. Commissioner Gray stated he was uncertain of the action to take. He stated he was not sure if the Commission should table the ordinance or just defer action until the next Commission meeting. Mayor Bennett explained that if the public hearing was continued then people would have another opportunity to testify at the next meeting. This would give people time to review the ordinance and to make a statement at the next Commission meeting. Commissioner Gray moved, seconded by Commissioner Beecher, that the City Commission continue the public hearing until the next City Commission meeting two weeks from now. Commissioner Downer reminded the Commission that the ordinance does not become effective for 30 days following adoption. He added that the candy throwing issue is something that has concerned him for quite a while and he wondered if that one item in the ordinance could be pulled out and adopted. He stated that if the Commission did that, then the candy throwing ban would be in effect for the 4th of July parade. He suggested that the Commission put the ordinance back on the table and bring this one item up. Commissioner Gray withdrew his motion. Commissioner Beecher withdrew his second. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission defer action on Ordinance 2739 until the next Commission meeting with the exception of that item in 12.14.040(2), which states that "no participant in a parade or procession shall throw, cast or drop candy, trinkets, or other articles. A violation of this provision shall be a misdemeanor, punishable by a fine of no more than $500, or six months in jail or both per occurrence. It does not prohibit a parade participant from handing the candy or other articles directly to the spectators, providing the parade participant is walking." Commissioner Downer stated that the testimony tonight on the proposed ordinance was excellent. He concurred that the time table for the barricade removal should be looked at. Dave Gliko, City Attorney, stated that the usual process for an ordinance requires two readings. However, there is a provision for an emergency ordinance which could resolve the candy throwing issue. He suggested that the City Commission employ this emergency ordinance provision to address the candy throwing issue rather than adopting a portion of an ordinance. Commissioner Downer stated that the Commission should declare an emergency regarding the candy throwing and resolve the issue tonight. Mr. Gliko stated that he had never experienced the excising of a portion of an ordinance and adopting it separate and apart from a whole ordinance which had been publicized as an entire and comprehensive ordinance. Mr. Gliko stated that the issue of the candy throwing is a public safety issue and it would meet statutory requirements for the emergency ordinance. He added that it would be a cleaner process if Staff prepared an emergency ordinance for the next meeting. Mayor Bennett clarified that the Commission should continue action on the proposed ordinance and direct staff to prepare an emergency ordinance for the next Commission meeting pertaining to the candy throwing issue. Commissioner Downer stated that as long the emergency ordinance would take immediate effect then he would withdraw his motion. Commissioner Gray withdrew his second. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission continue action on Ordinance 2739 and direct staff to prepare an emergency ordinance pertaining to the candy throwing issue. Motion carried 5-0. |
OLD BUSINESS |
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Ord. 2741, Emergency ordinance amending OCCGF 9.90, prohibiting fireworks within the dignitaries route on July 4, 1998. Adopted. |
1A.
ORDINANCE 2741, AMENDING OCCGF 9.90 PROHIBITING FIREWORKS WITHIN THE DIGNITARIES ROUTE ON THE 4TH OF JULY.
Those planning the 4th of July 1998 celebration in Great Falls anticipate the appearance of foreign, federal, state and local dignitaries at the Lewis & Clark Interpretative Center. The Secrete Service, in accordance with 18 USC 1752, requires all fireworks be prohibited within the designated route of such dignitaries. Since the usual procedure for adoption of an ordinance requires two readings, twelve days apart, at separate Commission meetings, and is not legally effective until thirty days after the second and final reading, time does not permit for the usual ordinance adoption. However, in the event of an emergency MCA 7-5-104 permits ordinance adoption on first reading to be effective immediately and to remain effective for no more than ninety days. The state of emergency must be declared in the ordinance. Therefore, Ordinance 2741 was proposed as an emergency ordinance to accommodate the Secret Service required prohibiting fireworks along the designated route of the dignitaries. Dave Gliko, City Attorney, reviewed the proposed ordinance. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that upon request of the Secret Service to prohibit fireworks to secure the dignitary's route for the 4th of July, 1998, celebration at the Lewis & Clark Interpretive Center, the City Commission adopt Ordinance 2741 on first and final reading as an emergency measure. Motion carried 5-0. |
NEW BUSINESS |
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ORDINANCES/RESOLUTIONS |
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Res. 8946, Annexing Meadowlark Add 1. Adopted. |
2.
RESOLUTION 8946, ANNEXING MEADOWLARK ADDITION 1, FINAL PLAT, ANNEXATION AGREEMENT AND EASEMENT.
The final plat of Meadowlark Addition No. 1 consists of 18 single family residential lots immediately south of Grande Vista Park. Resolution 8946 annexes the addition into the City and the accompanying agreement outlines the terms and conditions of annexation and plat approval. The easement accommodates utility stub extension and a temporary turnaround at the west boundary of the addition. Public improvement installation associated with the subdivision include water and sanitary sewer mains and paving, curb and gutter within the extension of Ferguson Drive and the east-west roadway through the subdivision and approximately 600 feet of storm sewer in Buena Drive between Ana and Ferguson Drive. The Planning Board, during a regular meeting held April 28, 1998, adopted a motion recommending approval of the final plat of Meadowlark Addition 1 and that the City Commission approve the annexation of the property contained therein and assign a zoning classification of "A" Residence Use, "A" Area District, subject to the following conditions:
The developer had fulfilled Conditions 1,2, and 4 and is in the process of fulfilling Conditions 3 and 5. Commissioner Rosenbaum moved, seconed by Commissioner Beecher, that the City Commission approve 1) Annexation Resolution 8936; 2) the final plat of Meadowlark Addition 1; 3)the accompanying Annexation Agreement; and 4) Easement. Motion carried 5-0. |
Res. 8947, Authorizing the application for a Treasure State Endowment Program. Adopted. |
3.
RESOLUTION 8947, AUTHORIZING THE APPLICATION FOR A TREASURE STATE ENDOWMENT PROGRAM GRANT FOR THE GIBSON FLATS PIPELINE AND RUSSELL DRAINAGE DETENTION POND PROJECT (OF 1118).
An estimated $500,000 of additional funds are necessary to fund the cost of the Gibson Flats Pipeline & Russell Drainage Detention Pond project. TSEP is a program designed to assist local government in obtaining affordable financing for constructing public water, wastewater, storm drainage and other infrastructure. The grants normally fund up to 50% of the eligible project expenses up to a maximum of $500,000. Approximately $7.6 million in funding is available in 1999. City Staff prepared a TSEP Application requesting $500,000 in matching grant funds. The TSEP requires authorization by Resolution to submit a grant application. Jim Rearden, Public Works Director, reviewed the proposed grant application. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8947 authorizing the application for TSEP Grant for the Gibson Flats Pipeline & Russell Drainage Detention Pond - OF 1118. Motion carried 5-0. |
Res. 8948, Montana State Fair Admission Fees. Adopted as amended. |
4.
RESOLUTION 8948, MONTANA STATE FAIR ADMISSION FEES.
A schedule of proposed admission fees for the 1998 Montana State Fair was submitted for Commission review and approval. The fees would remain the same as in 1997 with the exception of teen outside gate admission and car parking. A $1 raise was proposed for teens and car parking fees. The proposed fees were base fees and are the highest amounts patrons would pay. Sponsor discounts such as $1 off daily gate admission, and other promotions, would be available. Staff originally proposed the admission fee schedule at the March 17, 1998, Commission meeting. The City Commission approved the other proposed Fair rates but excluded the admission fees. Commissioners requested that Staff further research alternative revenue sources including surveying concessionaires to see if they would be willing to cooperate in higher payments or some other method of raising needed revenues. Staff surveyed concessionsaires and they offered some good suggestions. However, none would raise the needed revenue. Once suggestion that would be implemented was the "Lunch Special" fee which would be Monday through Friday between 11:00 a.m. and 2:00 p.m. the gate admmission would be $2. Commissioner Rosenbaum moved, seconded by Commissioner Gray, that the City Commsision adopt Resolution 8949 with the following amendment: that the teen fee remain the same as in FY 1997/98 which is $3 rather than the proposed $4. Patty Gumenberg, Acting State Fair Manager, overviewed the proposed fee structure. Commissioner Rosenbuam stated that he would like to keep the teens more active and give them more things to do. He stated that he does not like to make a motion that does not follow the recommendation of an advisory board. However, he wanted to provide as many inexpensive entertainment options for teens as possible. Commissioner Downer concurred with Commissioner Rosenbaum and added that this Commission believes they need to offer teens some inexpensive and meaningful things to do. Commissioner Gray concurred. Motion carried 5-0. |
Consent Agenda |
CONSENT AGENDA
5.
Minutes, May 19, 1998, regular Commission meeting.
6.
Claims over $500.
7.
8.
Cancel July 7, 1998. Action cancels the regular Commission meeting scheduled for July 7, 1998.
9.
Sets an Additional Budget Work Session for FY 1998/99. Sets an additional budget work session for June 5, 1998, from 9:00 a.m. to 11:00 a.m.
10.
Postpone Bid Award, Above Ground Hoist. Postpones bid award in order to give Staff additional time to analyze the bids.
11.
Bid Award, _" Crushed Seal Coat Aggregate. Award bid to United Materials of Great Falls for $13.60 per ton delivered to the Public Works Complex.
12.
Bid Award, Computer Purchase. Award bid to Integrated Information Solutions in the amount of $102,575 for the purchase of an IBM AS/400 model 170 computer system. The new AS/400 will address the increased computer capacity needs of new systems; minimize computer downtime for the Dispatch Center; take advantage of the Police Department's reliable electric power systems and availability of the computer backup times.
13.
Contract - Fire Districts. Fire District contract with Cascade County which reflects a 3.6% increase to cover added personnel costs. The total amount of the contract is $134,986.
14.
Contract - Mercy Flight for Dispatch Services. Agreement with Mercy Flight to provide flight tracking and dispatch services.
15.
Engineering Services Agreement Amendment 1997 Infrastructure Improvements - CDBG/Streets (OF 1179.1). Agreement amendment due to an expanded scope of work which included replacement of four blocks of water main (versus one) prior to reconstruction of the street. The added work and additional bidding increased the total agreement to $24,174.65 or $1,174.65 over the original agreement amount.
16.
Final Pay Request, 1997 Rehabilitation of Brick/Concrete Sewer Manholes, Phase IV (OF 1065.4). Final claim for P.E.C. in the amount of $2,801.70 and $28.30 to the State Miscellaneous Tax Division.
17.
Final Pay Request, 3rd Street North Utility Upgrades (OF 1204). Final claim for United Materials in the amount of $28,946.02 and the State Miscellaneous Tax Division in the amount of $292.38.
18.
Easements, northerly extension on Third Street NE (OF 1178). Easements will allow the eventual extension of utility and roadway improvements in a 588 foot extension of Third Street NE north of Skyline School.
19.
Set Public Hearing, Resolutions 8941 and 8942, FY 1998/99 Annual Budget. Sets public hearing for 7:00 p.m., June 16, 1998 for the annual budget and increase in revenue resolutions.
Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0. |
NEIGHBORHOOD COUNCILS |
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Neighborhood Council 9. Great Falls parking; use of Chowen Springs |
20.
Joe McMahon, 3121 2nd Avenue South #9, reported that the Great Falls High parking issue was under control. He added that volunteers will be monitoring the parking lots to see how many spaces are vacant each day. He stated that the Council is now beginning to address the request by the Boys and Girls Club to use Chowen Springs to construct a new facility. Mr. McMahon stated that this is a sensitive issue in the area and the Neighborhood Council will be facilitating discussions regarding this. |
CITY MANAGER |
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Anaconda Hills Irrigation Project (OF 819.5). Update. |
21.
Steve Hackman, Park and Recreation, updated the City Commission on the Anaconda Hills Irrigation System (OF 819.5). The project was now complete and with the City acting as general contractor the project costs, to date, are $281,099. Mr. Hackman stating that the lowest qualified bid was $389,074 and the lowest unqualified bid was $299,280. Mr. Hackman stated that the City's costs included the surface restoration and $35,000 for a new pump. These two items were not included in the bid specifications and the City would have had to pay for these items above what was included in the bid specifications. Mr. Hackman concluded stating that the project was successful and the grass is beginning to fill in. Herb Soboczek, 121 11th Street, stated he noticed that there was a lot of water run-off by the Black Eagle Community Center. Mr. Hackman stated that once there is denser turf there will be less run-off. He also stated that there were a couple of sprinkler heads that were misdirected and those have been fixed. |
Great Falls Americans update. |
22.
City Manager, John Lawton, stated that City Staff members had been meeting with the Great Falls Americans and that there could be an agreement reached in the next few days. |
CITY COMMISSION |
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Crime Status Update Airing on Cable 7. |
23A.
Commissioner Bill Beecher stated that a presentation by Chief Jones on the "Crime Status in Great Falls" will be aired on Cable 7. He encouraged everyone to watch it. |
High School Graduation. |
23B.
Commissioner Randy Gray stated that it was impressive to watch the high school graduation and wished all the graduates good luck in their endeavors. |
ADJOURNMENT |
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Adjourn |
There being no further business to come before the Commission, the regular meeting of June 2, 1998, adjourned at 8:15 p.m. |
/S/
Mayor Joan Bennett
/S/
Peggy J. Bourne, City Clerk