JOURNAL OF COMMISSION PROCEEDINGS
SEPTEMBER 19, 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 Acting City Manager (Police Chief), City Attorney, Directors of Community Development, Library, Fire Chief, Park and Recreation, Public Works, Planning, State Fair, Acting Director of Fiscal Services, and the City Clerk.

	PUBLIC HEARINGS
Res. 9105, Levy and Assess Special Maintenance Lighting Districts 1293. Adopted.	1. RESOLUTION 9105, LEVY AND ASSESS SPECIAL MAINTENANCE LIGHTING DISTRICT 1293. In order to legally provide the necessary assessment support, State law requires the City Commission 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. The City Commission adopted Resolution 9101 on September 5, 2000, creating SLD 1293, therefore it was necessary to adopt the appropriate assessment resolution. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9105. Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9105. Motion carried 5-0.
Ord. 2779, Amending Title 15, Chapter 7. Adopted.	2. 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. Mayor Gray declared the public hearing open. No one spoke in support of or opposition to Ordinance 2779. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2779. Motion carried 5-0.
T20N R3E, SEC 1 L6 - SALE. Continued public hearing.	3. PURCHASE OF CITY-OWNED LAND LOCATED NEAR FALLS CONSTRUCTION - (OF 1046) (T20N R3E SEC. 1 LOT 6). Falls Construction requested to purchase the land located immediately adjacent to the east property line of the Company. The City solicited bids for the potential sale of the property. The bids will be received until September 27, 2000, at which time Staff will analyze the bids and make a recommendation to the City Commission. Staff requested the Commission continue the public hearing in order to complete the bidding process. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission continue to October 3, 2000, the public hearing for consideration of the proposed purchase of City owned land. Motion carried 5-0.
	OLD BUSINESS
	NEW BUSINESS
Ord. 2781, Formally establish observance of employee holidays. Adopted.	4. ORDINANCE 2781, AN ORDINANCE ESTABLISHING HOLIDAYS FOR CITY EMPLOYEES. 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. 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 affect. Ordinance 2781 formalizes employee holidays through codification. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2781. Motion carried 5-0.
Res. 9113, Intent to Annex T20N R3E Sec. 36 (portion). Adopted.	5. RESOLUTION 9113, INTENT TO ANNEX CITY OWNED PARCEL ON 5A STREET (T20N R3E SECTION 36). City administration requested to annex a 5,745 square foot tract of land located along the west side of 5A Street Northeast between 32nd and 33rd Streets Northeast. The City owns the land and requested it be annexed into the City before soliciting bids to sell the property. The property is a segment of a 50 foot wide east-west utility easement between subdivisions of North Riverview Terrace Sections 5 and 6. The easement strip, except for the street crossings, is unplatted and unincorporated. The City has no interest in retaining ownership of the segment of land. The Planning Board, on August 8, 2000, recommended the City Commission approve the requested annexation. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher that the City Commission adopt Resolution 9113. Motion carried 5-0.
Ord. 2783, Zoning for T20N R3E Sec 36 (Portion). Set public hearing.	6. ORDINANCE 2783, ESTABLISH ZONING UPON A CITY OWNED PARCEL ON 5A STREET NE (T20N R3E SECTION 36. Ordinance 2783 assigns a zoning classification of "A" Residence Use, "A" Area District, to a vacant uplatted 5,745 square foot tract of land located along the west side of 5A Street Northeast between 32nd and 33rd Streets Northeast. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2783 on first reading and set a public hearing and final reading for October 17, 2000. Motion carried 5-0.
Res. 9114, Intent to annex Cowie Addition. Adopted.	7. RESOLUTION 9114, INTENT TO ANNEX COWIE ADDITION. Property owners Rex and Gloria Cowie submitted a minor plat and annexation and rezoning applications for a single lot subdivision entitled Cowie Addition. The proposed Addition to the City is located on the north side of the Northeast Bypass near 52nd Street North. The property has 330 feet of frontage on the Bypass, is 150 feet in depth and contains 1.14 acres. The owners are planning to build a motel facility on the site. A water main is proposed to be constructed across the Bypass at North Star Boulevard and an 8 inch main extended west along the property's frontage on the Bypass. An 8 inch sanitary sewer main is proposed to be extended approximately 600 feet in North Star Boulevard and across the Bypass to serve the subject property. A storm water detention facility is planned on the applicant's property off the southeast corner of the Minor Plat. The Planning Board discussed the requests on August 8, 2000. Following the discussion, the Planning Board recommended the following: the minor plant of Cowie Addition and the accompanying Findings of Fact be approved; the area included in the minor plat be annexed to the City; and a zoning classification of 1st Industrial, "C" Area District, be assigned to the area being annexed in conjunction with the Minor Plat. This was subject to: correction of any errors or omissions on the Minor Plat which may be noted by Staff; preparation of a certificate of title by a title company be filed; payment of applicable fees; obtaining the Public Works Department approval on final engineering documents; entering into an annexation agreement; obtaining the Department of Transportation's approval of the application for approach and plans for utility construction and storm water dispersion involving the Northeast Bypass; and provision of an appropriate easement to accommodate any off-site storm water detention facility serving the motel site. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9114. Motion carried 5-0.
Ord. 2784, Zoning for Cowie Addition. Set public hearing.	8. ORDINANCE 2784, ESTABLISH ZONING UPON A SINGLE LOT COMPRISING COWIE ADDITION. Ordinance 2784 assigns a zoning classification of 1st Industrial, "C" Area District to serve a 1.14 acre lot comprising Cowie Addition located on the north side of the Northeast Bypass near 52nd Street North. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2784 on first reading, setting the final reading and public hearing for October 17, 2000. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 9. Minutes, September 5, 2000, Commission meeting. 10. Total Expenditures of $1,784,382 for the period of August 25 through September 6, 2000, to include claims over $500 in the amount of $1,541,754 11. Contracts List. 12. Use Permit List. 13. Set public hearing for October 3, 2000, for Resolution 9110, Nuisance Abatement at 2713 5th Avenue South (Black Eagle Falls Add., B31, L11). 14. Set public hearing for October 3, 2000, for Resolution 9111, Nuisance Abatement at 413 8th Avenue South, (GF Townsite Add., B481 L11). 15. Set public hearing for October 3, 2000, on the lease of the Gibson Park Concession. 16. Labor Agreement,Plumbers and Fitters Local 41. 17. Bid Award, Water Treatment plant Backwash Sludge Handling Improvements (OF 1199.3). Awarded bid to Dick Anderson Construction in the amount of $205,195. 18. Bid Award, Street Sanding Material. Awarded bid to Volk Construction in the amount of $5/ton or $15,000. 19. Construction Contract Award, 15th Avenue South Street Improvements (OF 1014). Awarded contract to United Materials in the amount of $58,995. 20. Change Order 1, Miscellaneous Street Repairs (OF 1290). Approved a change order in the amount of $6,266.40 to Volk Sand and Gravel to correct a drainage problem discovered during the course of the project. 21. Change Order 1, 1999 Infrastructure Improvements - Streets and Water Lines (OF 1240). Approved a change order in the amount of $68,970.50 to United Materials for installation of additional water main and sidewalk not included in the original bid quantities. 22. Abandonment of two feet of a utility easement in Lot 12 of the Amended Plat of Lots 1-14, 17, & 19-21, Block 20, Belview Palisade Addition. Approved abandonment of part of a utility easement in Lot 12 of the amended 23. Transfer of Title, CDBG Property to Neighborhood Housing Services. Approved a title transfer of 1504 4th Avenue North (GF 3rd Add., B235, L2) to Neighborhood Housing Services for the purpose of renovation and finding a qualified buyer. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0.
	BOARDS AND COMMISSIONS
Parking Advisory Commission. Appoint.	24. APPOINTMENT, PARKING ADVISORY COMMISSION. Due to the death of Parking Advisory Commission member Robert Rechlin, there was a need to appoint one member to fill the remainder of his term. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher that the City Commission appoint Joseph Fox to the Parking Commission for the remainder of a three-year term expiring April 30, 2002. Motion carried 5-0.
	CITY COMMISSION
	Mayor Gray asked City Clerk Peggy Bourne to explain the ordinance pertaining to political signs. Ms. Bourne complied
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of September 19, 2000, adjourned at 7:27 p.m.