JOURNAL OF COMMISSION PROCEEDINGS
JULY 21, 1998

Regular City Commission Meeting

Mayor Bennett presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Bill Downer, and John Rosenbaum. Commissioner Gray was excused. Also present were the Acting City Manager, City Attorney, Directors of Public Works, Fiscal Control, Management Information Services, Human Resources, Park & Recreation, Acting Directors of the Fairgrounds, Planning, Fire Chief, Acting Police Chief, and the City Clerk.

SWEARING IN CEREMONY: Mayor Bennett swore in Larissa Sailor (Neighborhood Council 9) and Wendy Turville (Neighborhood Council 7).

	PUBLIC HEARINGS
Ord. 2739, Parade Policy. Adopted as amended.	1. ORDINANCE 2739, PARADE POLICY. The purpose of the ordinance was to create a City policy governing and controlling street closures for parades, processions, fun runs, and other special events; provide for the public and participants' conduct during such events; establishing parade routes; and defining the application process. In addition, the ordinance mediates a risk management program for such events which will set guidelines and requirements for both the public and the participants to create a safe, enjoyable event for everyone involved. At the public hearing held June 2, 1998, several people spoke in opposition to Ordinance 2739. The City Commission moved to continue the public hearing in order for Staff to meet with those people opposing the Ordinance. City Staff met with those people. Following that meeting, Staff recommended the following amendments: In 12.14.020(B) the following be added: "Any alternative route must be approved by the City." In 12.14.040(E) the language: "Each permittee shall provide a person or a horse with a rider to walk on both sides of any parade vehicle larger than an automobile or pickup as a condition to the permit" be removed and the following language be added: "Each permittee shall provide a person or a horse with a rider to walk or a person in a small motorized vehicle, such as a golf car, on both sides of any parade vehicle larger than an automobile or pickup as a condition to the permit. That 12.14.050(F) be changed to read: "Organizations sponsoring parades will be responsible for placing and removing barricades on the parade route side of the nearest designated alleys/streets no earlier than thirty minutes prior to the start of the parade and in no case, longer than fifteen minutes following the end of the parade. Barricades are available at the Park and Recreation Department. It will be the responsibility of the sponsoring organization to pick up from and return to the Park and Recreation Department all barricades used and to contact the Park Supervisor at least two weeks in advance to discuss a barricading plan acceptable to the City." Mayor Bennett reopened the public hearing. No one appeared to speak in opposition to or in support of Ordinance 2739 or the proposed amendments. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2739, as amended. Motion carried 4-0.
Res. 8949, Nuisance Abatement, Bloomingdale Add. 1st, B10, L11. Adopted.	1A. RESOLUTION 8949, NUISANCE ABATEMENT, BLOOMINGDALE ADD., 1ST, B10, L11. In 1997, the City Commission authorized staff to remove accummulated rubbish at 1418 8th Avenue NW and to assess the cost against the property. This property has, once again, fallen into an unacceptable condition. On April 7, 1998, the Community Development Department received a call from a concerned neighbor about the junk vehicles and rubbish which had accumulated upon the property. An inspection was conducted and a notice was hand delivered on April 27, 1998. The items in violation were numerous unlicensed vehicles, auto parts, a washer & dryer, furniture, tires, garbage and an excessive amount of miscellaneous rubbish. A reinspection was conducted on May 26, 1998. Seven unlicensed vehicles were on the property and all of the miscellaneous rubbish remained. Staff requested the City Commission hold the required hearing in order to provide the property owner an opportunity to explain why an abatement action should not be approved. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8949. Mayor Bennett closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8949. Motion carried 4-0.
	OLD BUSINESS
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Res. 8943, Tax Levy FY 1998/99. Adopted.	2. RESOLUTION 8943, ANNUAL TAX LEVY. MCA 7-6-4232 and 7-6-4407 require the City to set its annual tax levy, after final adoption of the budget, by resolution, on or before the second Monday of August each year. The City adopted its annual budget. The estimated Net City Mill Value is $69,258, and the estimated Net City Collectible Value per Mill is $61,058. The recommended City Mill Levy remained unchanged at 88.79 mills. Commissioner Downer moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 8943. Motion carried 4-0.
Res. 8964, Remodel Tax Benefits, Country Club Add. L4. Adopted.	3. RESOLUTION 8964, REMODEL TAX BENEFITS APPLICATION, MEADOWLARK COUNTRY CLUB, INC., COUNTRY CLUB ADD., L4. The property owner was remodeling the restroom and showers in the building at 300 Country Club Boulevard. The building permit was issued May, 1998, and the project will be completed in September, 1998, at an estimated cost of $206,775. The applicant requested approval of the tax benefits and Resolution 8964 was prepared to comply with the requirement that all applications be approved by resolution. Approval of the application would allow for the taxes generated from the expansion to be added to the existing taxes over a five-year period in increments of 20% each year. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8964. Motion carried 4-0.
Res. 8966, Minor Plat, Annexation, Great Falls Clinic Add. Adopted.	4. RESOLUTION 8966, MINOR PLAT & IMPROVEMENTS AGREEMENT FOR FIRST ADDITION TO GREAT FALLS CLINIC ADDITION. The Great Falls Clinic desired to build a multi-specialty ambulatory surgical facility on Lot 1, Block 1, of the proposed Minor Plat of the First Addition to Great Falls Clinic Addition. The Minor Plat to Great Falls Clinic Addition consists of three lots east of 29th Street South between the Great Falls Clinic and Park Place Nursing Home. Resolution 8966 annexes one of the lots and a one block extension of 15th Avenue South. The Planning Board adopted a motion recommending that the governing body approve the Minor Plat of First Addition to Great Falls Clinic Addition and that the City annex the requested lot and the road right-of-way dedicated by the Minor Plat as a conditional use under a "C" Residential Use, "C" Area District zoning classification. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve: 1) Annexation Resolution 8966; 2) the Minor Plat of First Addition to Great Falls Clinic Addition; and 3) the accompanying Improvements Agreement. Commissioner Beecher stated that he would abstain due to a perceived conflict of interest. Motion carried 3-0-1 (Commissioner Beecher abstaining).
Res. 8967, New or Expanding Industry Tax Benefit Policy. Adopted.	5. RESOLUTION 8967, NEW OR EXPANDING INDUSTRY TAX BENEFIT POLICY. New or expanding industries are allowed to apply for a tax benefit which taxes the improvements at 50% of taxable value for the first five years, with taxes increasing 20% a year in years six, seven, eight and nine, until the property is taxed at 100% of its value in year ten. The wording in State law could be interpreted to allow applications from retail establishments. Staff suggested a policy be adopted to specify that the tax benefit will be approved only for companies meeting the criteria as stated in the Resolution. Commissioner Beecher moved, seconded by Comissioner Downer, that the City Commission adopt Resolution 8967. Motion carried 4-0.
Res. 8968, Vacate a Segment of 13th Street North, GF 1st Add. B4, 5, 27, and 28. Adopted.	6. RESOLUTION 8968, INTENT TO VACATE SEGMENT OF 13TH STREET NORTH LOCATED NORTH OF THE FORMER 11TH AVENUE NORTH AND ABUTTING BLOCKS 4, 5, 27 AND 28, GREAT FALLS FIRST ADDITION. The Planning office received a petition from Lumber Yard Supply to vacate an isolated section of 13th Street North located south of the new River Drive. Lumber Yard Supply owns all the property on either side of the street and was developing plans to expand its business including use of the 13th Street North right-of-way. The City Attorney advised that the right-of-way vacation include all of 13th Street North, north of the former 11th Avenue North. The Planning Board passed a motion recommending that the City Commission vacate that portion of 13th Street North, north of the former 11th Avneue North, and an accompanying Amended Plat describing the distribution of the northerly portion of the vacated right-of-way. Upon adoption, Resolution 8968 would set the public hearing for the resolution to vacate the right-of-way in question. Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8968, and set 7:00 p.m., August 4, 1998, as the time for the public hearing. Motion carried 4-0.
	7. This item was pulled from the Agenda.
Consent Agenda Approved as printed Minus Item 9.	CONSENT AGENDA 8. Minutes, June 16, 1998, regular Commission meeting. 9. Claims over $500. 10. Contracts List. 11. Reject Bids, Above Ground Hoist. Rejects all the bids received for the Above Ground Hoist and authorized Staff to rebid the purchase. 12. Postpone Contract Award, American Agri-Technology Tax Increment Bond Work, Site Grading and On-Site Utilities (OF 1033.1). Postponed bid until the financing package could be completed. 13. Postpone Contract Award, American Agri-Technology Tax Increment Bond Work, Foundations (OF 1033.4). Postponed bid until the financing package could be completed. 14. Contract Bid Award, Water Treatment Plant Pump Replacement and Modification (OF 1030.4). Award contract to Nelson Plumbing and Heating in the amount of $134,000. 15. Contract Bid Award, Forest Glen Water Main Replacement Phases 2 and 3 (OF 1190.1). Award bid to Falls Construction in the amount of $75,260.40. 16. Contract Award, 25th Street South Pavement Overlay (OF 1170.1). Award contract to United Materials in the amount of $356,265. 17. Engineering Services Agremeent, 1998 CDBG Infrastructure Improvements (OF 1201). Agreement with Delta Engineering for engineering services in an amount not to exceed $31,000. 18. Inter-Local Agreement, Montana Department of Transportation for Maintenance of Traffic Signals on State Routes. Agreement outlines responsibilities and details the State's reimbursement to the City for maintaining traffic signals located within the City limits. The agreement also provided for the City to maintain the over height detection system located on US 87 by Fleet Supply. The agreement included a 2.8% increase over last fiscal year for a total of $85,512. 19. Change in Use of 1994/95 CDBG Funding. Authorized a change in use of 1994/95 CDBG funds to be used to purchase pedestrian amenities for the Davidson Plaza. 20. Change Order 1 and Final Payment, 1998 Water Service Saddle Replacement, Phase 9 (OF 1015.9). Change Order 1 increased the contract $377.48 to replace one additional saddle to complete a block of water main. Also authorized the final payment in the amount of $990 to Timber Mountain Excavation and $3.67 to the State Miscellaneous Tax Division. 21. Change Order 1, City/County Health Department Medical Office Building (OF 1195). Change Order 1 provided for compensation for supervision, labor, material, equipment and overhead for additional work performed during construction of the parking lot, for installation of a radio antenna, and for increasing the plumbing vent size. The increased work resulted in a contract increase in the amount of $8,986. 22. Change Order 2 and Final Pay Request, Ulm Pishkun Road Project (OF 1213). Change Order 2 for Shumaker Trucking and Excavating in the amount of $75 for increased work. Also authorized the final claim in the amount of $5,197.25 to Shumaker Trucking and Excavating and the State Miscellaneous Tax Division. 23. Set public hearing, Resolution 8951, Assess Special Improvement Boulevard Maintenance District. Set public hearing for August 4, 1998, at 7:00 p.m. 24. Set public hearing, Resolution 8952, Assess Special Improvement Portage Meadows Maintenance District. Set public hearing for August 4, 1998, at 7:00 p.m. 25. Set public hearing, Resolution 8953, Assess Street Maintenance District. Set public hearing for August 4, 1998, at 7:00 p.m. 26. Set public hearing, Resolution 8965, Setting Fiscal Year 1998/99 Sanitation Service Rates. Set public hearing for August 4, 1998, at 7:00 p.m. 27. Set public hearing, Resolution 8963, Nuisance Abatement, GF 11th Addition, B287, L14. Set public hearing for August 4, 1998 at 7:00 p.m. 28. Contract, Property, Boiler & Machinery, Fidelity, Contractor's Equipment and Miscellaneous Inland Marine Coverage for FY 1998/99. Contract with Montana Municipal Insurance Authority in the amount of $76,317 for FY 1998/99. 29. Dispatch Agreements, Ambulance Companies. Agreements with Big Sky Paramedics, Montana Community Ambulance and Great Falls Emergency Services for FY 1998/99. 30. Minor Plat, 9th Avenue North Addition. Created one 40' x 350' foot parcel between 22nd and 23rd Streets North from the Burlington Northern Santa Fe railroad right-of-way. 31. Agreement, Trail Planning and Development Assistance with Doug Wicks. Increase of the monthly compensation from the current rate of $800 to $1,000 to ensure continued promotion and development of the River's Edge Trail. 31A. R.O. Speck Golf Course Master Plan (OF 906.2). Contract with Golf Design Services in the amount of $19,700. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed minus Item 9. Motion carried 4-0.
Claims over $500. Approved.	9. Claims over $500. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Claims over $500. Mayor Bennett stated she had to abstain due to a conflict of interest. Motion carried 3-0-1 (Mayor Bennett abstaining).
	NEIGHBORHOOD COUNCILS
NC #9 Chowen Springs Park. Concrete Slough.	31A. Joe McMahon, Neighbhorhood Council 9, clarified that Neighborhood Council 9 did not take formal action on the Chowen Springs issue. He explained that the Tribune reported the council had taken formal action regarding the Boys and Girls Club suggestion to use Chowen Springs Park to build a new facility. Mr. McMahon also requested Staff to check into a concrete slough which causes some water puddling around Great Falls High School.
NC #2, Cindy's Hangout Issues.	31B. Ross Heikkila, 411 5th Street SW, explained that there are two taverns in his neighborhood. One has proven to be a good neighbor. The other one, Cindy's Hangout, has proven to be a poor neighbor. He explained several incidents have occurred at or near Cindy's Hangout. He asked the Commission, how does the neighborhood deal with these types of problems? Could the lot that the bar is on be rezoned? Can guidelines be established so that rights of the residents are not forgotten? Cheryl Patton, Community Development Director, stated that several of the neighbors have been working with the Neighborhood Council and the Police Department to begin addressing the problems. Commissioner Beecher asked Staff to revisit the noise ordinance to see if it could be modified to address some of these problems.
	PETITIONS AND COMMUNICATIONS
Parade Policy Comments.	35. Betty Florence, 168 Woodland Estates, requested that signs be put out along the parade route several hours prior to a parade beginning informing downtown patrons when a parade will be taking place. Jerry Sepich, Park and Recreation Director, stated that was already included in the ordinance.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of July 21, 1998, adjourned at 7:42 p.m.