JOURNAL OF COMMISSION PROCEEDINGS
AUGUST 15, 2000

Regular City Commission Meeting

Mayor Randy Gray presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Fairgrounds, Budget/MIS, Fiscal Services, Fire Chief, Police Chief, Park and Recreation, Public Works, Planning, Acting Director of the Library, and the City Clerk.

PROCLAMATION: Mayor Gray read a PRISM Award Proclamation on behalf of KTGF for supporting the broadcast of programming encouraging no-smoking, no-drinking and no-violence.

	PUBLIC HEARINGS
Res. 9103, Annexing Whispering Ridge Add., Phase 1. Adopted.	1. RESOLUTION 9103, ANNEXING WHISPERING RIDGE ADDITION PHASE 1. Resolution 9092 set a public hearing for August 15, 2000, to consider the annexation of Whispering Ridge Addition, Phase 1 consisting of 8 single family residential lots located in the vicinity of 19th Avenue South and 39th Street South. In March 1999, the City and County Commissions conditionally approved the preliminary plat of Whispering Ridge Addition Phase 1. All eight lots are to be served by the extension of the City water main and sanitary sewer main from the end of the currently improved incorporated section of 19th Avenue South. The dedicated portions of 19th and 20th Avenues South and 39th Street South included in the plat will be improved to City standards with paving, curb and gutter. Storm drainage will be directed towards the northerly boundary of the subdivision and the proposed cul-de-sac on 20th Avenue South. Drainage from the northerly boundary of the subdivision will be collected in an existing temporary detention facility about 200 feet north of the subdivision. Drainage from the cul-de-sac on 20th Avenue South will be directed to the above mentioned temporary detention facility which will eventually be supplanted by a planned permanent detention facility at the bottom of the coulee to be designed to serve the entire sub-basin. The developer plans to fulfill the park obligation by dedicating or reserving open space in the coulee to accommodate not only drainage facilities but wildlife habitat, trails and observation points. The Planning Board, during a meeting held May 23, 2000, recommended approval of the final plat of Whispering Ridge Addition Phase 1, subject to the following conditions: the applicant execute an annexation agreement; the Public Works Department approve the final engineering drawings; any errors or omissions noted by staff be corrected; applicable fees be paid; and until the open space related to the subdivision and a viable entity to assume responsibility for the open space are established, the owner escrow 11% x 2.8 net acres x the current fair market value per acre. The escrow shall be released upon establishment of the open space. If the open space is not established in a reasonable time, the funds in escrow will be deposited in the City Park Trust fund.
Ord. 2778, Zoning for Whispering Ridge Add., Phase 1. Adopted.	2. ORDINANCE 2778, ESTABLISH ZONING UPON WHISPERING RIDGE ADDITION, PHASE 1. Ordinance 2778 assigns a zoning classification of "A" Residence Use, "A" Area District to Whispering Ridge Addition, Phase 1, upon annexation to the City. Mayor Gray declared the public hearing open on Resolution 9103 and Ordinance 2778. No one appeared to speak in support of or opposition to the annexation and zoning of Whispering Ridge Phase 1. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt annexation Resolution 9103 and approve the final plat of Whispering Ridge Addition, Phase 1, and the Annexation and Improvements Agreement. Motion carried 5-0. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2778. Motion carried 5-0.
Business Improvement District 2000/2001 Budget and Work Plan. Approved.	3. BUSINESS IMPROVEMENT DISTRICT 2000/2001 BUDGET AND WORK PLAN. The Business Improvement District submitted their 2000/2001 budget and work plan for approval by the City Commission. The Commission must hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission shall levy an assessment of the district to defray all costs. The assessment requested is according to the assessment formula approved with the creation of the district. Doug Ormseth, Executive Director for the Business Improvement District, reviewed the proposed budget and work plan. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the proposed budget and work plan. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the 2000/2001 Business Improvement District budget and work plan. Motion carried 5-0.
Sale of Henderson Heights Add., B6 L22-23. Approved.	4. SALE OF CITY OWNED PARK LAND, HENDERSON HEIGHTS ADDITION, BLOCK 6, LOTS 22 AND 23. The Great Falls Comprehensive Park and Recreation Master Plan identified 10 parcels of undeveloped park land including the Henderson Park property, as surplus and recommended these parcels be sold. The City Commission authorized the sale on June 18, 1996. In an effort to realize the greatest potential from the sale, the City subdivided the park property into three parcels and purchased an oil line easement for $150 to further define the property lines. On August 2, 2000, sealed bids were received for the purchase of the lots. Staff recommended the Commission accept the bid of Joan Simonetti for Lot 22 in the amount of $38,229 and of Bill and Peggy Yetter for Lot 23 in the amount of $41,111. The funds received from this sale will be deposited in the Park Trust Fund. Mayor Gray declared the public hearing open on the sale of the lots in Henderson Heights. No one appeared to speak in support of or opposition to the proposed sale. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the sale of the following park property and authorize the City Manager to execute the necessary documents: Lot 22, Block 6, Henderson Heights Addition to Joan Simonetti for $38,229 and Lot 23, Block 6, Henderson Heights Addition to Bill and Peggy Yetter for $41,111. Motion carried 5-0.
Res. 9094, FY 2000/2001 Sanitation Service Rates. Adopted.	5. RESOLUTION 9094, ESTABLISHING FISCAL YEAR 2000/2001 SANITATION SERVICE RATES. OCCGF 8.32.350 requires the City Commission to adopt a resolution establishing rates to defray the costs of sanitation services for the fiscal year. Staff proposed continuing the existing residential rates and increasing the commercial rates by 3%. The last sanitation rate increase was in Fiscal Year 1998/99 for 7%. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9094. Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9094. Motion carried 5-0.
Res. 9095, Assess the Boulevard Maintenance District. Adopted.	6. RESOLUTION 9095, ASSESS SPECIAL IMPROVEMENT BOULEVARD MAINTENANCE DISTRICT. In order to legally provide the necessary assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution authorizing the annual assessment. The General Boulevard Area assessment for FY 2000/2001 was estimated to be $289,725. This amount represented a 5.77% increase over the assessment during the past fiscal year. The increase would assist in offsetting increased costs associated with the services provided. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9095. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9095. Motion carried 5-0.
Res. 9096, Assess the Portage Meadows Maintenance District. Adopted.	7. RESOLUTION 9096, ASSESS SPECIAL IMPROVEMENT PORTAGE MEADOWS MAINTENANCE DISTRICT. In order to legally provide the necessary assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution authorizing the annual assessment. In Fiscal Year 1999/2000, a 2-year phase-in increase of 61.27% was recommended in order for revenue to equal projected expenditures. However, maintenance expenses in FY 1999/2000 were less than anticipated. As a result, an increase of 12.44% was requested for Fiscal Year 2000/2001 resulting in a total assessment of $19,389 compared to last year's assessment of $17,244. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9096. Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Resolution 9096. Motion carried 5-0.
Res. 9097, Assess the Street Maintenance District. Adopted.	8. RESOLUTION 9097, ASSESS STREET MAINTENANCE DISTRICT. In order to legally provide the necessary assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution authorizing the annual assessment. MCA 7-12-4425 states that "the council shall pass and finally adopt a resolution specifying the district assessment option and levying and assessing all the property within the several districts." Staff requested the Street Maintenance District assessment for Fiscal Year 2000/2001 as $1,580,037, representing a 10% increase over the previous year's assessment. The increase was recommended to finance the local match required for receiving the Montana Air Quality Initiative Funds. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9097. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9097. Motion carried 5-0.
Ord. 2764, Amending Title 5. Adopted.	9. ORDINANCE 2764, AMENDING TITLE 5 (SPECIAL LICENSE & SAFETY INSPECTION CERTIFICATE). Staff reviews Title 5 in a continual effort to streamline procedures and enhance responsiveness to public input. A recent review found that some rewording and minor clarification of terms was necessary to ensure accurate and consistent interpretation and application of the Title. Additionally, businesses operating from temporary premises were not subject to the same Building Code and Health Code standards applied to businesses located in permanent structures. Therefore, for the protection and general welfare of the citizens of Great Falls, the proposed revisions to Title 5 would ensure equitable regulation and control of all non-resident businesses operating from a temporary premise and prohibits the de facto establishment of a permanent premise through consecutive long-term licensing at the same temporary site. Subsequent to the first reading, concerned citizens met with Staff and asked that a minor clarification be made to sections 5.01.010.D and 5.03.500.A involving adding the phrase "private lot" and the meaning of the word "location." Mayor Gray declared the public hearing open. Linda McDonald, Coffee to Go, spoke on behalf of several coffee shop owners in the area. She explained that they supported the proposed ordinance and encouraged the Commission to adopt it. No one else spoke in support of or opposition to Ordinance 2764. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2764 as amended. Motion carried 5-0.
	OLD BUSINESS
OF 1269, Contract Award, Sletten Construction. Approved.	10. CONTRACT BID AWARD, MITCHELL POOL FLOW RIDER & LAZY RIVER (OF 1269). The Commission directed Staff to pursue the creation of a Beach Break Flow Rider and Lazy River water attraction on November 2, 1999. Subsequently, Staff retained the services of Wave Loch to generate the plans and specifications for the new facility. Staff requested bids for the construction phase of this project and proposed the Commission accept the bid of Sletten Construction. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission award a contract in the amount of $860,000 to Sletten Construction Company for the Mitchell Pool Flow Rider & Lazy River (OF 1269), contingent upon the issuance of debt, and authorize the City Manager to sign the contract documents. Commissioner Hinz stated she was initially concerned about the safety of the proposed water attraction. However, after hearing the Staff presentation during the work session she was more comfortable that this would be a safe, family-orientated attraction. Commissioner Gray explained that the proposed water attraction will not be paid for out of the General Fund or will be an obligation to the tax payers in any way. He added that this will be funded from the revenues generated from the water complex. Commissioner Jovick-Kuntz encouraged Staff to develop programs allowing low-income families to enjoy the new water attraction. Motion carried 5-0.
OF 1269, Contract Amendment 2, Wave Loch. Approved.	11. MITCHELL POOL FLOW RIDER & LAZY RIVER CONTRACT AMENDMENT 2 (OF 1269). On December 15, 1999, the City Commission approved a contract with Wave Loch to design and supply specialized equipment for the Beach Break Flow Rider Water Attraction. Amendment 1 to the Wave Loch contract allowed Wave Loch to hire three sub-consultants to provide specialty design and administrative services. Amendment 2 provides for inspection and construction services from sub-contractor Thomas, Dean and Hoskins. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the agreement in the amount of $39,468 to Wave Lock for the Construction Phase Services for the Mitchell Pool Flow Rider and Lazy River (OF 1269) contingent upon the issuance of debt and authorize the City Manager to sign the contract documents. Motion carried 5-0.
	NEW BUSINESS
	RESOLUTIONS/ORDINANCES
Res. 9102, Non-Resident Special Business License Fee. Adopted.	12. RESOLUTION 9102, ESTABLISHING FEES FOR TWO NEW NON-RESIDENT SPECIAL BUSINESS LICENSES. During a recent review of Title 5, Staff noted that a single category of non-resident business license did not adequately allow for thorough regulation and control of non-resident businesses. Therefore, for the protection and general welfare of the residents of Great Falls, more specific licenses were created. Title 5 now includes three non-resident special business licenses, a Non-Resident Vendor special Business License, a Non-Resident Merchant Special Business License, and a Non-Resident Service Contractor Special Business License, therefore appropriate fees needed to be set. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9102. Motion carried 5-0.
Res. 9104, Annual Tax Levy. Adopted.	13. RESOLUTION 9104, ANNUAL TAX LEVY. The City received the taxable valuation and anticipated SB 184 reimbursement information for the City from the Department of Revenue. Accordingly, the City could compute and set its annual mill levy. MCA 15-10-420(1) states that the city may increase its mill levy in order to raise the same amount of property taxes as levied in the prior year, plus tax revenue from newly taxable property. Accordingly, Staff recommended the City Commission set the mill levy for FY 2000/2001 at 105.23 mills. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9104. Motion carried 5-0.
Res. 9098, Intent to Create SLD 1293. Adopted.	14. RESOLUTION 9098, INTENT TO CREATE SPECIAL LIGHTING DISTRICT 1293. Fourteen of the sixteen property owners within the proposed district (88%) signed the petition in support of the lighting. One of the two remaining properties is owned by School District 1. Although the School District did not sign the petition, they verbally agreed to the lighting installation. Estimated annual costs, including the City's 10% administrative charge, are $1,689 for installation of 9-100 watt high pressure sodium (hps) street lighting units mounted on 17' fiberglass poles and 3-100 watt high pressure sodium (hps) street lighting units mounted on existing 30' wood poles. This is an annual square foot cost of $.006073353. The annual cost per parcel for an average lot of 12,484 square feet is estimated at $75.82. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9098. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 15. Minutes, July 25, 2000, Commission meeting. 16. Total Expenditures of $2,491,359 for the period of July 11 - July 26, 2000, to include claims over $500 in the amount of $2,421,186. 17. Contracts List. 18. Set public hearing for September 5, 2000, for Resolution 9099, to Levy and Assess Special Maintenance Lighting Districts. 19. Contract, Fire District with Cascade County. Renewed contract for fire suppression service to the fire districts for FY 2000/2001. 20. Release of Tax Increment Surplus. Authorized the distribution of the FY 1999/2000 surplus from the Tax Increment Bond Fund be apportioned according to the 1999 mill levies of the contributing taxing jurisdictions. 21. Final Payment, Storm Drainage Improvements to Skyline Heights Basin (OF 1282). Approved the final payment to Schumaker Trucking and Excavating Contractors and the State Miscellaneous Tax Division in the amount of $7,378.71. 22. Bid Award, Refuse Truck. Awarded a bid for one new 2001 side-loading refuse truck to the lowest responsible bidder, Tri-State Equipment in the amount of $150,000. 23. Funding Request, Lewis & Clark Honor Guard. Approved a funding request of $5,000 to the Lewis & Clark Honor Guard to reimburse approved expenses over two years. 24. Lease Renewal, Wadsworth Park. Renewed various Wadsworth Park leases on a year-to-year basis for a five-year period. 25. Engineering Services Agreement for Construction Phase, Gibson Flats Pipeline and Russell Drainage Detention Pond (OF 1118). Approved an engineering services agreement with Morrison Maierle, Inc., in an estimated amount of $64,363. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0.
	BOARDS AND COMMISSIONS
Civic Center Advisory Board. Appoint Kuiper.	26. APPOINTMENT, CIVIC CENTER ADVISORY BOARD. Hayes DeLisle resigned his position on the board, therefore it was necessary for the Commission to fill the remainder of his term through December 31, 2001. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission appoint Randy Kuiper to the Civic Center Advisory Board through December 31, 2001, to fill the remainder of the term vacated by Hayes DeLisle. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
Neighborhood Council 2 Parks and 6th Street NW.	27. Gary Trescott addressed the City Commission regarding his vision and concerns with West Bank Park. He explained he was dissatisfied with the Park and Recreation Department for not watering the park for two years and for not maintaining or improving the Park. He added that with the Lewis & Clark Bicentennial just around the corner and the fact that West Bank Park was mentioned in Lewis' journal, the Park should be moved up on the priority list and improved before more visitors begin to arrive for the Bicentennial. He volunteered to help make the park improvements a public/private partnership by soliciting private donations for the improvements. Jerry Sepich, Park and Recreation Director, stated he and the Park and Recreation Staff encouraged Mr. Trescott to work with them in developing a plan for the improvements to West Bank Park. Additionally, Mr. Sepich was encouraged that someone would be willing to help raise the funds needed for the park improvements.
	29. Phyllis Hemstad, Neighborhood Council 2, reported that she was encouraged with Mr. Trescott's proposal. She also thanked Jerry Sepich for attending the last Neighborhood Council 2 meeting and for the work his Staff did with the plans to improve Bloomingdale Park. In closing, she suggested that the proposed sidewalk along the soon-to-be-improved 6th Street NW could be reduced in order to provide additional landscaping in the area.
OF 1269, Contract Award, Sletten Construction. Amended Motion.	30A. CONTRACT BID AWARD, MITCHELL POOL FLOW RIDER & LAZY RIVER (OF 1269). Commissioner Rosenbaum noted that the motion was not stated correctly for Item 10 and suggested the City Commission take action to ensure the correct motion was adopted. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission reconsider Item 10. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission award a contract in the amount of $860,000 to Sletten Construction Company for the Mitchell Pool Flow Rider & Lazy River (OF 1269), contingent upon the identification of financing, and authorize the City Manager to sign the contract documents. Motion carried 5-0.
OF 1269, Contract Amendment 2, Wave Loch. Amended Motion.	30B. MITCHELL POOL FLOW RIDER & LAZY RIVER CONTRACT AMENDMENT 2 (OF 1269). Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission reconsider Item 11. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve the agreement in the amount of $39,468 to Wave Lock for the Construction Phase Services for the Mitchell Pool Flow Rider and Lazy River (OF 1269) contingent upon the identification of financing and authorize the City Manager to sign the contract documents. Motion carried 5-0.
	PETITIONS AND COMMUNICATIONS
Potential Land Purchase Citizen Concern.	31. Bill Records expressed concern over a potential purchase of property located near Malmstrom Air Force Base (MAFB). The purchase would be a partnership between the City and MAFB and possibly used for a soccer complex. He asked if the Commission had received the letter he wrote several weeks ago outlining his concerns and if they had a response. Mayor Gray stated the Commission had read the letter and asked that City Manager John Lawton respond to Mr. Records concerns. Mr. Lawton stated there were two themes in Mr. Records' letter. The first theme was that Mr. Record objected to MAFB possibly purchasing the property and the second that it would be in the City's best interest to have a comprehensive maintenance plan in place prior to formalizing this arrangement. Mr. Lawton responded to the first theme stating that he was not in a position to second guess Malmstrom Air Force Base. He added that in his conversations with the MAFB leadership, he was provided verbal confirmations of their interest and commitment to this project. With regard to the second theme, Mr. Lawton disagreed with Mr. Records' recommendation to have a comprehensive maintenance plan in place prior to the purchase. He stated the City would not lose anything if this vision was not realized. He added that the City could simply resell the land. He hoped this explanation would eliminate any misinterpretations of a previous conversation he had with Mr. Records.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of August 15, 2000, adjourned at 8:32 p.m.