JOURNAL OF COMMISSION PROCEEDINGS
AUGUST 18, 1998

Regular City Commission Meeting Mayor Bennett presiding

CALL TO ORDER: 7:00 PM

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

PRESENTATION: Mayor Bennett presented the CAFR Award to Coleen Balzarini, City Controller.

PUBLIC HEARINGS

Res. 8954, Levy and Assess SID 1275. Adopted.

1.
RESOLUTION 8954, LEVY AND ASSESS SPECIAL IMPROVEMENT DISTRICT 1275.

The City Commission adopted Resolution 8889 creating SID 1275 on September 2, 1997. The SID was created to defray the cost of street, storm drain, water, and sewer improvements in portions of 9th Avenue North, 35th and 36th Streets North and Fairway Drive. The assessment list included with Resolution 8954 illustrates the total individual cost per lot within the district. Construction of the project has been completed. Final assessable costs were $88,218.13 less than originally anticipated. This was due to a reduction in the amount and costs of materials needed to construct the improvements. The excess funds were returned to the SID 1275 Debt Service Fund and used for the early retirement of the bonds. This reduces the assessment amount on a pro rata basis to each property owner.

Jim Rearden, Public Works Director, over-viewed the project.

Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8954. Mayor Bennett declared the public hearing closed.

Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8954.

Motion carried 4-0.

Res. 8970, Nuisance Abatement, Sunrise Terrace 1st Add, B10, L11. Adopted.

2.
RESOLUTION 8970, NUISANCE ABATEMENT, SUNRISE TERRACE 1ST ADD, B10 L11.

On May 24, 1998, the Community Development Department received a call concerning the condition of 4604 Carol Drive. The renter moved out and threw household items into the yard and onto the driveway, and they also abandoned a blue van. A certified notice was sent to the property owners, who live in Clarksville, TN, advising them of the rubbish and junk vehicle violations on the property. Lawrence Dressler accepted the notice on June 1, 1998. A follow up inspection was conducted on June 18, 1998, nothing had been cleaned up and the property owners had made no attempt to contact City staff.

The property owners live out of state, so Municipal court action was not taken. A title report was ordered and the Nuisance Abatement process as described in OCCGF 8.49.010 was started. On June 19, 1998, a certified notice was sent to the property owners, notifying them that they were in violation of the Nuisance Abatement code. Mr. Dressler accepted the notice on June 24, 1998. Again, he made no attempt to contact City staff. The property was reinspected on July 6, 1998, photographs were taken and the abatement process began.

Staff requested the City Commission adopt Resolution 8970 which would allow staff to hire a contractor, estimated at $500 to remove the nuisance if it was not removed by the owners. After abatement, a lien will be filed against the property to recover the costs.

Mayor Bennett declared the public hearing open. Jenny Pfennings, 4609 Carol Drive, encouraged the Commission to move forward with this abatement action. No one else appeared to speak in support of or opposition to Resolution 8970. Mayor Bennett declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8970.

Motion carried 4-0.

B.I.D. FY 1998/99 Budget and Work Plan. Approved.

3.
BID 1998/99 BUDGET AND WORK PLAN.

The Business Improvement District submitted their 1998/99 budget and work plan for approval by the City Commission. The Commission is required by State statute to conduct a public hearing on objections to the work plan and budget. If approved, the Commission will levy an assessment of the district to defray all costs.

Doug Ormseth, Executive Director of the Business Improvement District, outlined several of their achievements for the previous nine years and goals for the next fiscal year.

Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to the proposed budget and work plan. Mayor Bennett declared the public hearing closed.

Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission approve the FY 1998/99 Business Improvement District budget and work plan.

Motion carried 4-0.

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ord. 2743, Creating an Emergency Services Special License. Adopted as amended.

4.
ORDINANCE 2743, AN ORDINANCE CREATING OCCGF 5.03.700 PERTAINING TO EMERGENCY SERVICES LICENSES.

The City did not have a licensing requirement for private ambulance companies operating within the City. The only requirement was that ambulance companies be licensed by the State Department of Health and Environmental Sciences. Ordinance 2743 would establish criteria for ambulance providers to meet before they are licensed to operate within the City. The criteria would include meeting standards for response times, staffing levels, levels of certification for providers, and insurance requirements.

Additionally, Ordinance 2743, would create a process establishing a need before any other ambulance companies could begin to operate in Great Falls. The need process would include a public hearing and a review by the City Commission. The City Commission would determine if a new ambulance service would be in the best interest of the City and was a necessity prior to Staff issuing a special license.

On August 13, 1998, City staff met with representatives of the three ambulance companies to hear their concerns and comments regarding the proposed ordinance. The four primary concerns focused on: identifying the problem the Ordinance addressed; the performance bond requirement; the license fees; and the Fire Department exemption.

Additionally, some of the original wording in the ordinance was requested to be updated to reflect administrative changes in state departments that were referred to.

In response to the concerns ambulance representatives shared, Staff reiterated the problems that the ordinance addressed. Additionally, staff agreed to delete the performance bond requirement. It was determined that if the providers failed to meet the requirements of the ordinance, the City had the option of canceling their license. Staff also explained that the license fee would be the same that the companies are currently being charged for the Safety Inspection Certificate. Their place of business would still require a safety inspection. However, the license fee would cover the cost.

Chief Hirose also explained that should the Fire Department enter into the ambulance transport business, they would be required to meet the response and staffing requirements. However, the certificate of need and insurance requirment would not be necessary because the City's budgetary process would, in essence, duplicate the process as outlined in the proposed ordinance.

Mayor Bennett requested that Chief Hirose review the proposed amendments to the ordinance. Chief Hirose complied.

Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission adopt Ordinance 2743 as amended.

Commissioner Downer stated that the ordinance was needed. However, he suggested the Commission may be taking money out of the citizens pockets because only one of the three ambulance companies take Medicare/Medicaid assignment. He explained that because we rotate which ambulance is dispatched from the 911 Center a Medicare recipient may be billed the difference between the Medicare allowable and the fees charged by the ambulance company. He stated that he did not know if the Commission could require the ambulance companies to take assignment. Or, whether or not the ambulance company that took assignment should advertise more. However, it was an issue he would like to address as some point.

Mayor Bennett asked if there was anyone in the audience who wished to address the Commission. Kendall Neff, Big Sky Ambulance, stated he supported the ordinance in its entirety.

Steve Fagenstrom, legal counsel for Montana Community Ambulance, stated that his client supported the ordinance. However, his client believed that there was an opportunity to make some improvements to it before the Commission adopted it. Mr. Fagenstrom outlined several points of contention as follows:

  1. to better clarify that the ordinance did not apply to non-911 emergency transports;
  2. that requiring ambulance companies to have a dispatch agreement with the City may be determined illegal;
  3. to remove the insurance requirement because, in his opinion, it was not enforceable; and
  4. to reword the exemption clause for the Fire Department so that it would read the Fire Department may use the annual budgetary process in lieu of the certificate of need process as outlined in the ordinance.

Mr. Fagenstrom requested that the City Commission postpone action on the Ordinance until the ambulance companies and City staff could meet and discuss the points he brought out in his testimony.

Terry Mullans, Great Falls Emergency Services, stated that he supported the ordinance. He concurred, however, with Mr. Fagenstrom's request to postpone action on the ordinance until representatives of the ambulance companies and Staff could meet at least one more time.

City Manager, John Lawton, explained that the Commission had the following options. The first would be to postpone action as requested, and, the second could be to take action and direct Staff to research the issues and if necessary bring back any amendments.

Commissioner Downer stated that we needed to have some kind of ordinance in place. He suggested that the Commission adopt the ordinance and ask Staff to meet with the ambulance companies again to address the concerns brought forth.

Commissioner Gray suggested that Staff add the proposed language regarding the non-911 transports. He also concurred with the sentiments regarding taking Medicare/Medicaid assignment that were expressed by Commissioner Downer.

City Attorney, Dave Gliko, explained that in light of the civil lawsuit that had been filed by one of the ambulance companies against the City, any suggested requirement for them to take Medicare/Medicaid assignment would complicate the legal issues even more. He reminded the City Commission that the City does not manage the rotation of the ambulances dispatched, it is managed by the ambulance companies themselves.

There being no further discussion, Mayor Bennett called for the vote. Motion carried 4-0.

Ord. 2744, Density Change for a portion of GF Townsite Add B248. Accepted on first reading and set public hearing.

5.
ORDINANCE 2744, CHANGING THE DENSITY AND RESIDENTIAL REQUIREMENTS FOR LOT 3 OF THE AMENDED PLAT OF LOTS 2, 3, AND THE NORTH 80 FEET OF LOT 1, ALL IN BLOCK 248, GF TOWNSITE.

Upon adoption, Ordinance 2744, will change the permitted density and residential district requirements for Lot 3 of the Amended Plat of Lots 2, 3, and the North 80 feet of Lot 1, all in Block 248 of Great Falls Townsite Addition. The subject Lot 3 is presently zoned Residential Existing (RE). The Central Place Revitalization Program regulations specify that because the property is vacant, it may only be developed in accordance with Low Density Residential (R-2) District standards. The proposed changes would allow the project proposed by the property owner, consisting of a residential complex of 12 apartments and one town home unit, landscaping and off-street parking for 20 vehicles, to be constructed.

On August 11, 1998, the Great Falls City/County Planning Board, conducted a public hearing on this request. A motion was made to recommend approval of the ordinance. The motion failed 0-6.

Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2744 on first reading and set the public hearing for September 1, 1998.

Motion carried 4-0.

Res. 8972, A Resolution to establish a fee for the Emergency Services License. Adopted.

6.
RESOLUTION 8972, A RESOLUTION TO SET A FEE SCHEDULE FOR EMERGENCY SERVICES LICENSES AS DEFINED IN ORDINANCE 2743.

With the adoption of Ordinance 2743, it was necessary to establish a fee for the Emergency Services Special Licenses. Staff recommended that the annual fee for new licenses be set at $90 and the annual fee for renewals be set at $35. The fees correspond to the fees currently paid by each of the ambulance companies through the Safety Inspection Certificate program and would replace the Safety Inspection Certificate now required. Licenses for Emergency Services presently in operation would be considered renewals.

Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8972.

Motion carried 4-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA
7.
Minutes, August 4, 1998, City Commission meeting.
8.
Claims over $500.
9.
10.
Contract Award, East Booster Station Improvements (OF 1030.3). Contract to Nelson Plumbing and Heating Company in the amount of $114,855.
11.
Contract Award, Vaughn Road Drainage Improvements, Phase II (OF 1166.1). Contract to United Materials in the amount of $100,326.
12.
Contract Award, Central Avenue West Drainage Improvements, (OF 1198). Contract to Falls Construction in the amount of $49,118.25.
13.
Bid Award, Fuel Purchase. Bid award to Farmers Union Oil Company of Great Falls for a period of three years commencing September 1, 1998.
14.
Lease Agreement, Great Falls Community Recreation Dance Studio. Lease with Jill Henderson, Great Falls Dance Academy, in the amount of $10/hour.

Commissioner Downer moved, seconded by Commissioners Gray and Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Motion carried 4-0.

BOARDS/COMMISSIONS

Appointments, High Plains Development and Port Authority. Appointed Knick and Flaherty.

15.
APPOINTMENTS, HIGH PLAINS DEVELOPMENT AND PORT AUTHORITY BOARD.

Gene Thayer's and Bill Salina's terms expired June 30, 1998. Therefore, it was necessary for the City Commission to make two appointments to this Board.

Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission appoint Bill Knick to the High Plains Development and Port Authority Board for a five year term beginning July 1, 1998 and ending June 30, 2003.

Motion carried 4-0.

Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission appoint Michael Flaherty to the High Plains Development and Port Authority Board for a five year term beginning July 1, 1998 and ending June 30, 2003.

Commissioner Gray stated he would abstain because Michael Flaherty is a relative by marriage.

Motion carried 3-0-1 (Commissioner Gray abstaining).

CITY COMMISSION

High Plains applicants.

18A.
Commissioner Downer stated that there were many good applications for the vacancies on the High Plains Board.

Nuisance Abatement support.

18B.
Commissioner Gray stated that Staff should aggressively pursue the abatements of nuisances in the community and that the Commission would support this action.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of August 18, 1998, adjourned at 8:06 p.m.


/S/
Mayor Joan Bennett

/S/
Peggy J. Bourne, City Clerk




1998 Commission Minutes
Commission Minutes listing page