JOURNAL OF COMMISSION PROCEEDINGS
SEPTEMBER 5, 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, Library, Budget/MIS, Fiscal Services, Fire Chief, Police Chief, Park and Recreation, Public Works, Planning, Acting Director of the State Fair, and the City Clerk.

PRESENTATION: Mayor Gray presented Coleen Balzarini, Controller, with the Certificate of Achievement for Excellence in Financial Reporting.

PUBLIC HEARINGS

Res. 9099, Levy and
Assess Special
Maintenance Lighting
Districts. Adopted.

1.
RESOLUTION 9099, LEVY AND ASSESS SPECIAL MAINTENANCE LIGHTING DISTRICTS.

In order to legally provide the necessary assessment support, State law requires the City Commission to conduct a hearing and adopt an authorizing resolution for the maintenance districts. MCA 7-12-4301 and 7-12-4333 authorizes the City Commission to create lighting districts and to assess the costs of installing and/or maintaining the district to the owners of the property embraced within the boundaries of such districts.

Mayor Gray declared the public hearing open . No one appeared to speak in support of or opposition to Resolution 9099. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9099.

Motion carried 5-0.

Res. 9101, Create SLD 1293. Adopted.

2.
RESOLUTION 9101, CREATING 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. The City Commission adopted Resolution 9098 on August 15, 2000, an Intent to Create SLD 1293 setting the public hearing for September 5, 2000. One letter of protest was received in the City Clerk's office.

Mayor Gray declared the public hearing open. Barbara Sales, 604 42nd Street North, spoke in opposition to Resolution 9101. There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9101.

Commissioner Beecher stated that with respect to Ms. Sales opinion, he had an obligation as a Commissioner to listen to the entire group of people requesting the lighting district and therefore would vote in support of its creation. Commissioners Hinz and Jovick-Kuntz concurred.

Motion carried 5-0.

OLD BUSINESS

Res. 9109, Amend Annual Tax Levy.
Adopted.

3.
RESOLUTION 9109 - ANNUAL TAX LEVY.

Previously, Resolution 9104, adopted on August 15, 2000, set the mill levy based upon the original certified values received from the Department of Revenue. Since then, the Department of Revenue changed the certified values. Resolution 9109 supercedes Resolution 9104. Resolution 9109 sets the number of mills levied at 108.12.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9109.

Motion carried 5-0.

NEW BUSINESS

Res. 9108, OF 1269 Financing.

4.
RESOLUTION 9108, RELATING TO FINANCING OF A WATER ATTRACTION PROJECT; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE (OF 1269).

City staff moved forward with debt financing to design, construct, and equip the Mitchell Pool water attraction in the amount of $1.5 million. Proceeds of the financing were intended to finance: a) construction of the facility; b) payments to Wave Lock for license, design, equipment and construction supervision; and c) landscaping sub-consultant inspection, water attraction miscellaneous equipment and electrical extensions to the site. Adoption of Resolution 9108 would serve as official recognition of the City's intent to reimburse any related expenses for this project from financing proceeds upon receipt.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9108.

Motion carried 5-0.

OF 1269, Financing.

5.
APPROPRIATION LEASE CONTRACT FOR FINANCING OF A WATER ATTRACTION PROJECT (OF1269).

Staff solicited proposals from three financing companies that expressed an interest in financing the water park attraction project. The recommended appropriation lease financing agreement with Wells Fargo Public Finance is for a period of 15 years at 6.65%. The payment of principal is deferred in year one, a start up year. The deferral of principal provides an opportunity to build a reserve for future payments in the event of a successful start up year. It also provides a lower level of debt payment the first year in the event the startup is delayed or attendance is low due to bad weather.

Proceeds of the financing will pay for: a) construction of the facility; b) payments to Wave Lock for license, design, equipment and construction supervision; and c) landscaping sub-consultant inspection, water attraction miscellaneous equipment and electrical extensions to the site.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the $1,500,000 appropriation lease financing contract with Wells Fargo Public Financing and authorize the City Manager to execute the necessary documents.

Commissioner Beecher stated he would abstain because Wells Fargo was his employer.

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

Ord. 2779, Amend OCCGF 15.07. Set public hearing.

6.
ORDINANCE 2779, AMENDING UNIFORM CODES PERTAINING TITLE 15, CHAPTER 07.

Administrative Rules of the State of Montana require local governments with a code enforcement program to, within 90 days of receipt of notice, update local codes to the latest codes adopted by the State. When complying with this requirement during the last code adoption (Ordinance 2748, December 1, 1998) an error was made. The adoption amended the code by deleting Chapters 4, 5 and 7 except as they applied to historic structures. This was not as the State intended, therefore Ordinance 2779 was proposed to bring Title 15 into complete compliance with the State building codes.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission accept Ordinance 2779 on first reading and set a public hearing and final reading for September 19, 2000.

Motion carried 5-0.

Ord. 2780, Rezone Montana Add., B3 L4 & 17. Set public hearing.

7.
ORDINANCE 2780 - REZONE MONTANA ADD., BLOCK 3, LOTS 4 and 17; RESOLUTION 9106 - INTENT TO VACATE SEGMENTS OF 10TH STREET SW AND TREASURE STATE DRIVE; RESOLUTION 9107, CONDITIONAL USE PERMIT FOR MONTANA ADD., BLOCK 3, LOTS 1-4 AND 17.

The owners of the Heritage Inn and Budget Inn submitted multiple petitions regarding the following: 1) a request to vacate that portion of 10th Street SW and Treasure State Drive and the easterly portion of Treasure State Drive in front of the Budget Inn; 2) an Amended Plat consolidating lots and defining the reparcelization of the subject area resulting from the vacated roadway and providing a dedicated turnaround at the easterly terminus of Treasure State Drive; 3) a request to rezone Montana Addition Block 3, Lots 4 and 17; and 4) a request for a conditional use permit to allow Montana Addition, Lots 1-4 and 17 to accommodate a vehicle parking lot.

The Planning Board held a public hearing on these requests June 27, 2000 and continued it to August 8, 2000. At the conclusion of the public hearing, the Planning Board recommended the City Commission approve the request to vacate 10th Street Southwest between 17th Avenue SW and Treasure State Drive; approve a variance for a maximum cul-de-sac length and approve the Amended Plat of Lots 7-13, Block 1, Lot 1, Block 2; and Lots 1-4 and 17, Block 3, Montana Addition, and accompanying findings of fact; approve the rezone request for Montana Addition Block 3, Lots 4 and 17, to accommodate a vehicle parking lot.

The Planning Board made the recommendation subject to certain conditions being met:

  1. correction of any errors or omissions on the Amended Plat which may be noted by Staff including a provision of an existing easement on the rear and side lot lines of Lots 4 and 17, Block 3, to accommodate, in part, the sanitary sewer;
  2. preparation of a certificate of title by a title company to be filed with the Amended Plat;
  3. entering into an agreement with City to obtain approval of the final landscape plan, construction and maintain the parking lot and accompanying landscaping in accordance with the site plan, prepare and submit to Public Works for approval, final engineering documents for the cul-de-sac turnaround on Treasure State Drive and a drainage plan for the project area;
  4. the protection of existing manholes and other utilities during construction and allow for access to same when the project is completed;
  5. improve sidewalk and curb in the project area including the installation of sidewalk along portions of Treasure State Drive and 17th Avenue SW abutting Block3 and on the east side of 10th Street SW between 17th and 18th Avenues SW, completion of the sidewalk at the intersection of 10th Street SW and 18th Avenue SW, including handicap ramps, restoring the standard curb adjacent to Lot 3, Block 3, and bring the sidewalks around the Heritage Inn property into compliance with current ADA standards;
  6. design and install exterior lighting in such a manner that the light source will be sufficiently shielded to prevent excessive illumination on public streets and walkways or onto adjacent residential property;
  7. enhance the buffer along the west boundary of the Budget Inn lot including increasing the height of the existing fence to a minimum of 6 feet and providing trees for the abutting residential owner to plant on the west side of the common property line; and
  8. replace, in conjunction with the parking lot improvements, the existing City water main in the roadway being vacated.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum that the City Commission accept on first reading Ordinance 2780 and set a public hearing for October 3, 2000, at 7:00 p.m.

Motion carried 5-0.

Res. 9106, Intent to Vacate Segments of 10th Street SW. Adopted.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9106.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission set a public hearing on Resolution 9107 for October 3, 2000, at 7:00 p.m.

Motion carried 5-0.

Res. 9100, Business Improvement District Assessment. Adopted.

8.
RESOLUTION 9100 - ASSESSING BUSINESS IMPROVEMENT DISTRICT.

As required by State Statute, the Great Falls Business Improvement District developed and presented a work plan and proposed budget for FY 2000/2001. The City Commission conducted a public hearing and approved the work plan and budget on August 15, 2000. As in prior years, the assessment requested was based on the assessment formula approved with the creation of the district. The 2000/2001 assessment per lot was indicated on the assessment projection summary incorporated with Resolution 9100.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9100.

Motion carried 5-0.

Res. 9112, Establish Holiday Observance for 2000. Adopted.

9.
RESOLUTION 9112, INTERIM RESOLUTION ESTABLISHING HOLIDAYS FOR CITY EMPLOYEES THROUGH DECEMBER 31, 2000.

An innovation project was started late last year by forming a group called the DUIT Project, which stands for Developing Unconventional and Innovative Thoughts. This group's purpose is to act as a mechanism for the Commission to encourage, solicit and nurture employee creativity throughout the organization.

The DUIT Project members are:

Mark Willmarth, Human Resources
Joe LeLievre, Fire/Rescue
Kelly Michel, Fair
Andrew Finch, City-County Planning
Terry Youngworth, CD
Jim Rearden, PW
Scott Henderson, P&R
Marty Basta, PW

Employees submit ideas to this group that have potential to give the public better service, save time and/or money, make the job/task easier or more efficient, or something altogether different.

Columbus Day is observed the 2nd Monday in October when most businesses are open, school is in session, and contractors work. When contractors work on City projects, the City Inspectors must also work, creating an additional expense for overtime. The day after Thanksgiving school is out, and many businesses are closed. By exchanging the two days, we will improve customer service, reduce overtime expenses, and provide many employees a day off that coincides with a school holiday.

The holiday schedules are listed in each of the City's eight collective bargaining agreements. One of the first steps taken in examining the feasibility of this idea was to contact an official in each union and ask for their assistance in determining whether or not this was something employees wanted. Although it took quite some time, much longer than originally anticipated, each group has agreed and/or voted to exchange Columbus Day for the day after Thanksgiving. Upon Commission approval, addendums to the collective bargaining agreements will be executed to make the change official.

The first change in observance of Columbus Day will be effective this year, October 9, 2000 for November 24, 2000.

Holidays for public employees are defined in State Statute. However, State Law does not prohibit cities and towns from adjusting the holiday schedule to improve customer service and better meet the needs of their employees. Resolution 9112 was prepared as an interim resolution until Ordinance 2781, adopted in conjunction with Resolution 9112, takes effect. Ordinance 2781 formalizes employee holidays through codification.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9112.

Motion carried 5-0.

Ord. 2781, Establish Holiday Observance. First reading.

10.
ORDINANCE 2781, AN ORDINANCE ESTABLISHING HOLIDAYS FOR CITY EMPLOYEES.

See Item 9 (Resolution 9112) for information.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2781 on first reading and set the final reading day for September 19, 2000.

Motion carried 5-0.

Consent Agenda
Accepted as printed.

CONSENT AGENDA
11.
Minutes, August 15, 2000, Commission meeting.
12.
Total Expenditures of $5,329,100 for the period of July 27 - August 23, 2000, to include claims over $500 in the amount of $5,213,081.
13.
14.
15.
Set public hearing for September 19, 2000, for Resolution 9105, to Levy and Assess Special Maintenance Lighting District 1293.
16.
Set public hearing for September 19, 2000, on the proposed purchase of City-owned land by Falls Construction.
17.
Property Acquisition for Detention Pond Gibson Flats Pipeline and Russell Drainage Detention Pond (OF 1118) T20N R4E, Sec. 17. Authorized the purchase of property from Lamms Corporation in the amount of $7,067.
18.
Contract Bid Award, Gibson Flats Pipeline and Russell Drainage Detention Pond (OF 1118). Awarded contract to Debcon Inc., in the amount of $512,926.49.
19.
Contract Bid Award, Verde Park Area Water Main Replacement, Storm Drain and Street Improvements (OF 1216). Awarded bid to United Materials in the amount of $603,305.
20.
Contract Award, Watson Coulee Road, 7th Avenue NW, and 17th Avenue NE Water Main Replacements (OF 1275). Awarded a contract in the amount of $297,405 to Ed Boland Construction.
21.
Final Pay, 4-H pavilion (OF 1180.4). Authorized final payment to AT Klemens and the State Miscellaneous Tax Division in the amount of $17,019.30.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.

BOARDS AND COMMISSIONS

Housing Authority, Appoint Tenant Member McIalwain.

22.
APPOINTMENT, GREAT FALLS HOUSING AUTHORITY BOARD.

Iola McCoy's term on the Housing Authority Board expired on May 31, 2000. Ms. McCoy agreed to continue to serve as a tenant member until a replacement could be found for her. One application has been received.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Rosetta McIalwain as a tenant member for a term through May 31, 2002 to the Housing Authority Board.

Motion carried 5-0.

CITY MANAGER

25.
City Manager John Lawton explained that he missed the Work Session held immediately before the meeting because he was returning to Great Falls after attending a meeting in Helena pertaining to a comprehensive review of the local government tax structure. He added that this was a Legislative Interim Committee in which he was appointed to.
PETITIONS AND COMMUNICATIONS

26.

Clayton Braden, 2708 4th Avenue NW, asked when Commission Agendas were available to the public. Peggy Bourne, City Clerk reported they were available the Friday before each Commission meeting.

Mr. Braden also commented on the Watson Coulee Road project.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of September 5, 2000, adjourned at 7:52 p.m.


/S/
Mayor Randall H. Gray

/S/
Peggy J. Bourne, City Clerk




2000 Commission Minutes
Commission Minutes listing page