JOURNAL OF COMMISSION PROCEEDINGS
May 15, 2001

Regular City Commission Meeting Mayor 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 the Library, Community Development, Public Works, Fiscal Services, Budget/MIS, State Fair, Police Chief, Park and Recreation, Acting Fire Chief, Acting Director of Planning, and the City Clerk.

PROCLAMATIONS: Mayor Gray read proclamations pertaining to National Public Works Week; VFW Buddy Poppy Day; National Historic Preservation Week; Peace Officer's Memorial Day; and Great Falls Salvation Army Day.

PUBLIC HEARINGS

Res. 9153, Cost Recovery, GF 1st Add., B487, L14. Adopted.
1.
RESOLUTION 9153, COST RECOVERY AT GF 1ST ADDITION B487, L14.

In January of 2000, Community Development received a complaint from the Fire Department regarding a fire in a garage structure located at 723 10th Street South. They stated they had responded on two previous occasions to the same garage as it was not secure and transients were entering the building. Community Development sent a notice to the owner of the structure requiring the owner to secure the structure. In April of 2000, because the garage was again open and not secured, an inspection was conducted and the following was noted: the building or structure was in such a condition as to constitute a public nuisance; there was structural damage to roof; the structure was not secure; and the structure was determined to be a fire hazard by the Fire Marshal.

An ownership report was ordered which showed Frances Walton as the legal owner. On April 25, 2000, a certified letter was mailed to Frances Walton advising her that she would need to apply for a permit to either repair or raze the structure. A permit was taken out on June 23, 2000, to repair the structure. The permit was valid for 30 days. On January 24, 2001, a certified letter was mailed to Frances Walton informing her that her permit had expired, and the work was not completed; therefore bids would be taken for the demolition of the garage and the structure would be razed shortly thereafter.

Staff received bids January 31, 2001, to demolish the garage and remove all materials. The low bid of $1,823 was awarded to Wayne Riley Construction.

On February 5, 2001, at the request of Keith Nichols, attorney, another permit was issued to make repairs and to secure the garage. The permit was valid through February 16, 2001. Staff informed the contractor, Wayne Riley, of the extension and he agreed to wait until a notice to proceed was given before proceeding with the demolition.

The property was reinspected on February 23, 2001. Staff noted the garage was not secure and repairs had not taken place. Notice was given to the contractor to start razing the structure. Demolition was started on March 2, 2001, and completed and approved by staff on March 23, 2001.

Cost for cleanup as follows:

Wayne Riley Construction $1823
Administrative Fee $ 200
Publishing - Legal Ad (Notice of Public Hearing ) $ 25
Recording Fees $ 12
Title Report $ 110
TOTAL COSTS INCURRED $2170

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9153. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9153.

Motion carried 5-0.

OLD BUSINESS

NEW BUSINESS

Sunnyside Park Presentation (OF 1295).
2.
SUNNYSIDE PARK PRESENTATION (OF 1295).

Theresa McDonald and Marhae McDonald gave a presentation on the proposed improvement project for Sunnyside Park. The City Commission applauded their efforts.

Park Special Revenue Grant for Sunnyside Park (OF 1295). Approved.
3.
PARK SPECIAL REVENUE GRANT (OF 1295).

Neighborhood Council 6 submitted an application for a Park Special Revenue Grant in the amount of $13,000. This grant was for Phase II of the planned improvements to Sunnyside Park. This phase included an ADA accessible picnic shelter, two picnic tables, two park benches, fifteen trees, a flower garden, and walking path around the park.

Through various fund raising efforts by the Sunnyside Park committee, Neighborhood Council 6 raised the required $13,000 match for this grant. The work on this project will be administered by and coordinated through the Park and Recreation Department.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve a Park Special Revenue Grant for $13,000 to Neighborhood Council 6 for improvements to Sunnyside Park.

Motion carried 5-0.

ORDINANCES/RESOLUTIONS

Ord. 2801, Removing Insurance Requirements from OCCGF and Reinstating them by Resolution. Accepted on first reading.
4.
ORDINANCE 2801, REMOVING THE INSURANCE LANGUAGE FROM THE CODE BOOK REINSTATING IN VIA RESOLUTION.

Research has been done on the insurance and bond limits required by contractors applying for licenses through the Community Development Department. It was found that the required limits were no longer used by the insurance industry. For example: BI (bodily injury); PD (property damage). Several insurance companies called asking for clarification on these requirements. The prior limits were also very low. If a contractor had more than one claim against their insurance policy, they more than likely would exceed the limit of their insurance therefore, claims would not be paid. New limits will be established via resolution as well as new limits for the Bonds.

The Ordinance amends sections 12.12.040; 12.12.050; 15.01.041; 15.09.023; 15.10.022 and 15.11.060 of the City Code.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2801 on first reading and set the final reading for June 5, 2001.

Motion carried 5-0.

Ord. 2802, Speed limit in alleys. Accepted on first reading.
5.
ORDINANCE 2802, AMENDING OCCGF 10.36 PERTAINING TO SPEED RESTRICTIONS IN ALLEYS.

When Title 10 was recodified in 1993, the speed limit in alleys of 15 mph was deleted. Staff from the City Attorney's office and the Public Works Department requested the speed limit be reestablished because it is a safe and prudent speed for the road conditions typically found in alleys. Additionally, since many pedestrians use the alleys for a variety of purposes, a slower speed limit establishes better safety standards between motorists and pedestrians.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept 2802 on first reading and set the final reading for June 5, 2001.

Herb Soboczek, 121 11th Street, stated that State law requires areas to be posted if the speed limit is different than those set by state law. He asked if the alleys would be posted with the new speed limit.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

6.
7.
Total Expenditures of $616,179 for the period of April 18 - 24, 2001, to include claims over $500, in the amount of $425,711. [ Staff Report 7 ]
8.
Contracts list. [ Staff Report 8 ]
9.
Set public hearing for May 15, 2001, on Resolution 9159, nuisance abatement of property located at 612 14th Street South. [ Staff Report 9 ] [ Res. 9159 ]
10.
Fire District Contract with Cascade County. [ Staff Report 10 ] [*]
11.
Contribution to High Plains Development and Port Authority to help offset recruitment costs for a new executive director. [ Staff Report 11 ]

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.

BOARDS AND COMMISSIONS

Library Board. Appoint Albers.
12.
APPOINTMENT, LIBRARY BOARD.

Due to moving from the Great Falls area, Susan Ostrem resigned from the Library Board effective March of 2001. Therefore, it was necessary to appoint one member to fill the remainder of her five-year term, expiring June 30, 2003.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission appoint Bunny Albers to the Library Board to fill the remainder of the term expiring June 30, 2003, vacated by the resignation of Suzanne Ostrem and reappoint Tom Matsko to another five-year term, expiring June 30, 2006.

Motion carried 5-0.

Historic Preservation Advisory Commission. Appoint Robison and French.
13.
APPOINTMENTS - HISTORIC PRESERVATION ADVISORY COMMISSION.

Susan Buchel was appointed to the HPAC in May of 1996. Ms. Buchel resigned from the Commission in March. Ellen Sievert was appointed to the HPAC in March of 1994. Ms. Sievert resigned from the Commission to accept the part-time staff position as Historic Preservation Officer. It was necessary to appoint two members to fill these vacated terms.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission appoint Ken Robison to fill the remainder of the term expiring April 30, 2002, vacated by the resignation of Susan Buchel; and appoint Sandra French to fill the remainder of the term expiring April 30, 2003, vacated by the resignation of Ellen Sievert.

Motion carried 5-0.

NEIGHBORHOOD COUNCILS

Neighborhood Council 6 Sunnyside Park project (OF 1295).
15.
Sally MacMillan, Neighborhood Council 6, thanked the volunteers working on the Sunnyside Park project and also thanked the City Commission for supporting the project by approving the grant request.

CITY MANAGER

Report on Police Enforcement during high school graduation weekend.
16.
City Manager John Lawton asked Police Chief Jones to provide a report regarding high school graduation activities and what types of enforcement the Police Department planned. Chief Jones stated that through a cooperative effort with the high schools and the DUI Task Force, MIP cases decreased significantly last year during the high school graduation weekend. He encouraged parents and the high school graduates to attend the planned activities such as the all-night party and cautioned that the Police Department would be strictly enforcing the curfew and minors in possession laws.

PETITIONS AND COMMUNICATIONS

Street Conditions.
18.

Herb Soboczek, 121 11th Street, stated that the City Commission needed to take action now to repair the City streets. He added that their condition was deteriorating quickly and it was time to act. He also suggested the City crews did not repair the potholes correctly, often having to return to repair the same pothole, thus costing the citizens more that what was necessary. He also asked why in some areas of town, curbs, gutters and sidewalks were not required but in other areas they were.

Mayor Gray suggested Mr. Soboczek organize a citizens group to help raise the necessary funds for a more aggressive pothole repair program.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of May 15, 2001, adjourned at 7:58 p.m.

/S/
Randall H. Gray, Mayor

/S/
Peggy J. Bourne, City Clerk

* Non-text and electronically unavailable attachments are on file in the City Clerk's Office.



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