JOURNAL OF COMMISSION PROCEEDINGS
June 5, 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, State Fair, Police Chief, Park and Recreation, Acting Fire Chief, Acting Director of Planning, and the City Clerk.

PROCLAMATIONS: Mayor Gray read a proclamation declaring June 9, 2001 to be Great Falls American's Day.

PUBLIC HEARINGS

Res. 9159, Nuisance Abatement, GF 10th Add., B754, L8. Adopted.
1.
RESOLUTION 9159, NUISANCE ABATEMENT, GF 10TH ADDITION, B754, L8.

On November 27, 2000, a complaint was taken by Community Development staff regarding the property at 612 14th Street South. On November 29, 2000, an inspection was conducted and staff noted there was an unlicensed vehicle, auto parts, tires, scrap wood, plastic garbage bags and other miscellaneous rubbish scattered about the yard. The overall appearance of the property was bad. A title search was done and it was determined that Kathleen French was the owner. A certified letter was mailed December 1, 2000, to Kathleen French informing her that she was in violation of City Codes and that she would have thirty days to clean the property or a citation would be issued.

The property was reinspected on January 2, 2001. Staff talked to Mr. French. He requested a week extension to do the necessary cleanup. The property was reinspected on the January 9, 2001. Staff noted that nothing had been done. Staff then took photos and issued a citation. Kathleen French was to appear in court on January 19, 2001, but did not appear.

On February 14, 2001, a certified letter was mailed to Kathleen French informing her that if the property was not cleaned within twenty days the City would start abatement procedures. To date, nothing has been done to remedy the problem. Staff requested the City Commission conduct the required hearing to allow the property owner to explain why an abatement action should not be issued before taking action on Resolution 9159. Resolution 9159 would allow the City to hire a contractor to remove the nuisance if not taken care of by the owner.

Mayor Gray declared the public hearing open. No one spoke in support of Resolution 9159. Clayton M. Braden, 2708 4th Avenue NW, suggested that since the owners of the property were current on their taxes, the City should assist in the clean up. He added that the City already had a program in place to mow yards and to take care of abandoned vehicles. There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9159.

Commissioner Beecher explained that in these cases, the City was usually responding to a complaint from a neighbor and that Staff gave the property owner several opportunities to remedy the nuisance.

Mayor Gray explained to Mr. Braden that taxes were used to pay for police, fire and park service. He stated there was more to being a good citizen than paying the taxes. It also meant people had to be good neighbors. Being a good neighbor could be done by doing simple things such as keeping yards free of debris and garbage so that the wind in Great Falls doesn't blow the problem onto someone else's property or by keeping the yard mowed so the tall grass did not attract rats.

There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ord. 2802, speed restriction in alleys. Adopted.
2.
ORDINANCE 2802, AMENDING OCCGF 10.36 PERTAINING TO SPEED RESTRICTIONS IN ALLEYSM.

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 was 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 would establish better safety standards between motorists and pedestrians.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2802.

Commissioner Kuntz asked if Staff had to post all the alleys to inform people of the new requirement. Staff responded that some alleys would be posted. However, in most cases, the conditions of the alleys prohibited traveling more than 15 mph.

Motion carried 5-0.
 

Ord. 2801, Removing Insurance and Bond Requirements for contractors from OCCGF. Adopted.
3.
ORDINANCE 2801, REMOVING THE INSURANCE LANGUAGE FROM THE CODE BOOK REINSTATING IN VIA RESOLUTION.

Research had 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 exceed the limit of their insurance; therefore, claims would not be paid. New limits would 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 Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2801.

Motion carried 5-0.
 

Res. 9160, Establishing Insurance and Bond Requirements for contractors. Adopted.
4.
RESOLUTION 9160, ESTABLISHING INSURANCE AND BOND REQUIREMENTS REQUIRED FOR CONTRACTORS.

The insurance limits and bond requirements required for individual contractor licenses in the Community Development Department were very old and outdated. The limits needed to be brought up to levels that would not only protect the City of Great Falls from liability but also the citizens of Great Falls as well.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9160.

Commissioner Jovick-Kuntz asked if Staff had visited with the contractors in the community regarding this change. Kelly Audet, Risk Specialist, explained that she had talked with several contractors as well as several people from the insurance industry. Commissioner Rosenbaum stated that speaking as a contractor, the changes clarified the insurance and bond requirements.

Motion carried 5-0.
 

Res. 9161, Authorizing the entering into, the execution of, and commitment agreement with the DNRC regarding the sale of $13,400,000 in water and sewer bonds. Adopted.
5.
RESOLUTION 9161, AUTHORIZING THE ENTERING INTO, EXECUTION AND DELIVERY OF A COMMITMENT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION REGARDING THE SALE AND DELIVERY OF THE CITY'S $13,400,000 WATER AND SANITARY SEWERAGE SYSTEM REVENUE BONDS (DNRC POLLUTION CONTROL REVOLVING LOAN PROGRAM) SERIES 2001.

Staff recommended moving forward with the issuance of water/sanitary sewerage debt in the amount of $13,400,000. Debt proceeds were intended to finance construction of a new solids handling system which would replace heat treatment with anaerobic digestion and subsequent de-watering by centrifuges. The de-watering solids would be classified as a Class B bio-solids according to 40 CRF, part 503 regulations. Construction for the anaerobic digesters and the installation of the centrifuges was proposed to occur during the 2002 construction season. Staff proposed that the project be built during the 2002 and 2003 construction season. In addition, costs related to engineering, debt service reserves, origination fees, and administrative fees were also included in the financing. City Staff recommended entering into a Commitment Agreement for the issuance of Revenue Bonds through the Water Pollution Control State Revolving Fund Program. This is a program administered by the Department of Natural Resources and Conservation of the State of Montana (DNRC). It provides a funding source for sanitary sewerage systems at very reasonable interest rates. The interest rate charged for this financing is anticipated at 4% (final rate is determined at time of closing but will not exceed 4.5%) plus a one time origination fee of 1%. This creates an effective interest rate of 4.08% to 4.58%. In comparison the 1992 Refunding, 1992 New Construction, and the 1996 New Construction Bond Interest Rates were 5.79%, 6.3%, and 5.5% respectively. Administrative fees under the DNRC program are comparable to Issuance Costs related to a traditional bond financing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9161.

Motion carried 5-0.
 

Consent Agenda. Approved as amended.

CONSENT AGENDA

6.
7.
Total Expenditures of $1,554,251 for the period of May 4 - 24, 2001, to include claims over $500, in the amount of $1,452,351. [ Staff Report 7 ]
8.
Contracts list. [ Staff Report 8 ]
9.
Set public hearing for June 19, 2001, regarding a lease with the Farmer's Market. [ Staff Report 9 ] [ Lease ]
10.
Amended Plat in Great Falls Townsite, Block 88, Lots 1-7, and 25 feet of abutting property, into 2 lots. [ Staff Report 10 ] [*]
11.
Extend the date of commitment for six months, to November 30, 2001, for Preservation Cascade to raise $100,000 for the Historic 10th Street Bridge (OF 979). [ Staff Report 11 ]
12.
Final payment for the east booster station standby power and pumping improvements project (OF 1030.3) to Wadsworth Builders Inc., and th State Miscellaneous Tax Division in the amount of $28,198.33. [ Staff Report 12 ]
13.
Reciprocal grant of and abandonment of easements for the Town Pump on the NW Bypass (OF 1328). (Fair Add., B1, L27). [ Staff Report 13 ]
14.
Engineering Services contract for the Water Treatment Plant Backwash Clarification project (OF 1199.9) with Thomas, Dean and Hoskins in the amount of $6,000. [ Staff Report 14 ]
15.
Bid award for 15 in-car video systems for the Police Department fleet to Kustom Signals, Inc., in the amount of $56,250. [ Staff Report 15 ]
16.
Bid award for a track loader to Tractor & Equipment of Great Falls in the amount of $45,438. [ Staff Report 16 ]
17.
Contract bid award for carpeting in the Four Seasons (OF 1035.3) to Pierce Flooring in the amount of $36,252. [ Staff Report 17 ]

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

Commissioner Hinz reminded the Commission that the printed version of the Consent Agenda did not include action for item 17. She then moved that the City Commission add, "that the Commission award a contract for carpeting in the Four Seasons Arena in the amount of $36,252 to Pierce Flooring, which was the lowest qualified bid, and authorize the City Manager to sign the contract documents." This motion was seconded by Commissioner Rosenbaum.

Motion to amend carried 5-0.
Motion as amended 5-0.
 

PETITIONS AND COMMUNICATIONS

Fairgrounds drinking fountains.
22A.
Greg Kecskes, 1204 1st Avenue South, and Randy Belchee (sp), 130 Lower Lane (Vaughn), requested that any drinking fountain removed from buildings on the Fairgrounds be reinstalled. They explained that purchasing water was too expensive during the State Fair event and that they were under the impression that several fountains had been removed. State Fair Manager Patty Gumenberg replied that she was unaware of any fountains that were removed.
Sign Contractors Exam.
22B.
Dan Dust, 1401 5th Avenue South, stated that he did not agree with a City staff decision to extend the time period sign contractors had to pass a required exam to be licensed by the City. City Manager John Lawton explained that Staff extended the time period in response to a letter Staff received from seven sign contractors. After reviewing the letter and the reasons for the request, Staff believed the request was legitimate and extended the deadline.
Motor Sports Complex.
22C.
Ken Krause offered his assistance to the City regarding the motor sports complex issue.
Ambulance Service.
22D.
Bill Wetzel, 1027 3rd Avenue NW, expressed dissatisfaction with an ambulance company in Great Falls. He added that he was working with Senator Baucus' office to resolve the issue.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of June 5, 2001, adjourned at 8:27 p.m.

/S/
Randall H. Gray, Mayor

/S/
Peggy J. Bourne, City Clerk


* Non-text attachments are on file in the City Clerk's Office


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