JOURNAL OF COMMISSION PROCEEDINGS
August 6, 2002

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIENCE

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Diane Jovick-Kuntz and John Rosenbaum. Commissioner Hinz was excused. Also present were the, City Manager, City Attorney, Directors of Library, Community Development, State Fair, Park and Recreation, Public Works, Fire, Acting Directors of Police, Fiscal Services, and Planning, and the City Clerk.

PROCLAMATIONS:

Mayor Gray declared August 11, 2002 as "National Kids Day."

PUBLIC HEARINGS

Res. 9253, Tax Benefit for Broadwater Bay Business Park B9 L1B. Adopted.
1.
RESOLUTION 9253, TAX BENEFIT FOR INDUSTRIAL EXPANSION, 612 2ND STREET SOUTH – DOUBLE G ENGRAVING (BROADWATER BAY BUSINESS PARK BLOCK 9 LOT 1B).

Tax benefits permitted by MCA 15-24-1402 allow new or expanding industries' improvements to be taxed at 50 percent of their taxable value for the first five years after a construction permit is issued with equal graduated annual increases thereafter until 100 percent of taxable value is attained in the tenth year. Approval of such tax benefits is subject to adoption of a resolution after conducting a public hearing and providing proper public notice of the hearing to both the general public and other taxing entities.

Mayor Gray declared the public hearing open. No one appeared to speak in opposition to Resolution 9253. Gary Morin, owner of Double G Engraving, spoke in support. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9253.

Motion carried 4-0.
 

Res. 9245, Sanitation Service Rates. Adopted.
2.
RESOLUTION 9245, ESTABLISHING SANITATION SERVICE RATES.

OCCGF 8.32.350 requires the Commission adopt a resolution establishing rates to defray the costs of providing sanitation services for the fiscal year. Staff proposed continuing the existing residential rates and adjusting the commercial rates to adequately provide sanitation service. The last sanitation rate increase was in Fiscal Year 01/02 for 3 percent, also for commercial rates only. These rates were included in the FY 02/03 budget.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9245. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9245.

Motion carried 4-0.
 

Res. 9256, Montana ExpoPark Fees. Tabled.
3.
RESOLUTION 9256, MONTANA EXPOPARK FEES.

Fairgrounds Manager Patty Gumenberg reported that rates for most of the facilities located on the fairgrounds were last raised in 1996. The Four Seasons Arena rates were phased in over a period of 3 years. Rates to use some of buildings have not increased in many years.

Ms. Gumenberg explained that for ice programs, rates of $38/hour non-prime and $71/hour prime were approved by the City Commission in 1994. These rates were adjusted to meet rising expenses in 2000. At that time, they were set at $71/hour for the larger contracted users with a preset amount of hours and $91/hour for non-contracted users.

She added that costs have continued to escalate over the past several years with substantially large increases in the recent few years for utilities and property and liability insurance. The proposed increases were necessary to keep Montana ExpoPark financially solvent. Market surveys were also conducted and the proposed rates fall within or below the average ranges.

All Montana ExpoPark rates were approved by the Montana State Fair Advisory Board and the Four Seasons Arena Board.

Mayor Gray declared the public hearing open. Those speaking in support of Resolution 9256 were as follows:

Bill Ramsey, chairman of the Fair Advisory Board, stated that the Board took careful consideration of the impact this proposed fee increase would have on the users of the fairgrounds. He explained that the proposed fees would only balance the budget and not provide the necessary revenue for capital improvements that were pending. He added that during a market comparison, the proposed rates were still lower than or equal to other facilities in the State. He concluded stating that the burden to balance the budget would not be borne by the ice users alone. The proposed fees affected all the users of the fairgrounds.

Dimmer Kjelsrud, chairman of the Four Seasons Board, concurred with Mr. Ramsey. She stated that the proposed rates were fair. She added that the advisory boards looked hard at all options before making recommendations to the City Commission. She understood the hardship of increased rates and suggested the groups seek additional sponsors or have more fund raising functions to lessen the hardship.

Those speaking in opposition to Resolution 9256 were as follows:

Mike Cotter expressed that there has consistently been a "we vs. them" mentality with the fairgrounds staff. He added that the proposed rates before the Commission reflected a 41 percent increase. He suggested that with better fiscal management and marketing, the gap between increased costs and fees would be smaller. He stated that only 7 events were booked in the Four Seasons between April and October which was the time frame when the ice sheets were down. He suggested that was the time the fairgrounds staff should aggressively market the facility instead of when the ice sheets were up. He stated when he asked fairgrounds staff how much the Four Seasons received from the mill levy, he was told at one time $115,000, then another time it was $231,000. However, he stated, the County budget reflects a $275,000 amount.

Commissioner Rosenbaum asked what type of fundraising the youth hockey organization did and if there were any special programs for children in need. Mr. Cotter stated that many sponsors came through to assist children in need.

Martin Tripplett, 625 Carol Drive, concurred with Mr. Cotter's statements. He suggested that the youth hockey organization will have to absorb the fee increase or decrease the amount of ice time in order to balance their budget. He stated that if the organization passed the fee increase on to the kids, many of the kids would drop out. He asked why the increase was already in effect since July 1 – before the City Commission approved it? He explained that on July 1 signs were posted on the doors of the Four Seasons outlining the fee increases and that they were in effect. He also asked how the facility was marketed to attract other events and what events have been in the facility since the home show in April. Finally, he asked when the fairgrounds staff realized the $60,000 increase in the water bill.

Patty Gumenberg, State Fair Manager, stated that with the help of the Public Works Department, all leaks in the fairgrounds water system were identified and fixed. She stated that they also discovered that some water had not been going through a meter in the past and that was now metered.

She clarified that the new rates were not being implemented and would not be until the City Commission set the rates. She also addressed the question from Mr. Cotter about the amount of the mill levy. She stated that the dollar amount received from the County was $231,000. She explained that the prime time for use of the Four Seasons Arena was between October and April and not from April to October. While staff was actively seeking opportunities to book the Four Seasons during the summer months, there were not a lot of events to book.

Tonya Scheff, 325 34th Avenue NE, stated that the youth hockey organization does substantial fundraising. She added that the economic impact of youth hockey in Great Falls was substantial and should be recognized. She added that the increased rates would result in more kids being on the street causing more problems.

Eric Ray stated that the Four Seasons Advisory Board was given only one option to balance the budget – that was to increase the rates. He said that the Four Seasons Arena was built for ice users and over the years, City management convinced the community that it was a multi-purpose facility. He stated that City staff has not marketed the facility appropriately resulting in no new bookings for the facility during the months of April to October. He understood that the bills needed to be paid, however, marketing the facility was not being done and the ice users were being asked to bear the burden of the budget.

Mike Balko, 3004 7th Avenue South, organizer of the gun and antique show, stated that if the rates were increasing as reported in the Great Falls Tribune, then his event was in jeopardy. He added that his event days are locked in due to other events in the State. He explained that there was no flexibility with dates for his event and he suggested that other events were the same.

Patty Gumenberg stated that there were several contracts for annual events that will be honored that reflect the old rates.

Gordon Reid, 126 21st Avenue NW, stated he has been a hockey coach since 1996. Since then, the number of participants in the program has decreased because of the fee increases. He added that the facility was in poor shape. He suggested there were other ways of balancing the budget without raising the fees.

There being no one further to address the Commission, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission table action on Resolution 9256.

Commissioner Beecher stated that the reasons he advocated tabling action on Resolution 9256 were: 1) the questions and issues brought up tonight that needed to be clarified before the Commission took action; 2) that while marketing was easy to criticize it was difficult to know if those criticizing the marketing efforts could do any better, and 3) the Commission was mandated by State law to operate with a balanced budget and when costs increase, rates have to follow.

Commissioner Rosenbaum concurred with Commissioner Beecher. He added that the increase in insurance rates, utility costs and wages were legitimate and needed to be addressed. He added that some increase to the fees was reasonable. He stated he supported the motion in order to give the Commission additional time to consider the comments made during the public hearing and to research answers to the questions asked.

Diane Jovick-Kuntz stated that there were alternatives to increasing the rates – such as increasing the subsidy from the General Fund which would result in other programs being cut or eliminated; examine the success of each ice user group; or reduce the level of service to other buildings on the fairgrounds. She cautioned that all these alternatives would result in other groups being affected.

Mayor Gray stated that the comment that the rates were already implemented needed to be addressed. He added that he took exception to Mr. Ray's comments that the Four Seasons Arena was built as an ice facility only. He added that it was always to be a multi-purpose facility. He stated the intent of the proposed rates was not to balance the budget on the backs of the ice users, but rather to ensure the users of the facility paid their proportionate share. He agreed that marketing could be done better.

There being no further discussion, Mayor Gray called for the vote. Motion carried 4-0.
 

Res. 9211>, Consolidate and Modify SLD-T 1297. Adopted
4.
RESOLUTION 9211, CONSOLIDATE AND MODIFY SPECIAL LIGHTING DISTRICTS 900, 955, AND 1040 INTO SPECIAL LIGHTING DISTRICT – TRILATERAL LIGHTING "SLD-T" 1297.

Consolidation of Special Lighting Districts No. 900, 955 and 1040 into a single trilateral lighting district, Special Lighting District – Trilateral Lighting "SLD-T" No. 1297 was proposed in addition to some minor modifications to the boundaries in accordance with 7-12-4354, MCA. Trilateral lighting districts are formed when three entities work together to install street lighting along an arterial roadway. In this instance the roadway was 10th Avenue South and the three entities involved were the City of Great Falls, Northwestern Energy (formerly: Montana Power) and the Montana Department of Transportation. With the newly consolidated and modified lighting district, lighting costs would result in an estimated annual assessment of $113.41 for an average lot size of 18,683 square feet. All light fixtures, poles, and wiring, existing and proposed are of similar size, type and material found within areas throughout the City.

MCA 7-12-4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change.

On December 19, 2000, during a City Commission Work Session, Fiscal Services made a presentation to move toward "Special Lighting Districts Consolidation." That presentation offered the following history and proposal:

  • In 1982 and 1983 over 250 individual lighting districts were consolidated into 19 districts.
  • At the present time there were up to 45 current districts.
  • All of the properties, within the several current lighting districts in Great Falls, were essentially benefiting from the same type of lights and service. Consolidation would bring assessments to a more equitable median.
  • For assessment and administrative purposes staff proposed the consolidation of 31 districts into 4 districts with 14 districts remaining as they were currently.
  • In the event future lighting was requested, modification of one of the 4 newly consolidated districts would be done so that the City was not continually creating new districts.

Description of Lighting Districts proposed for consolidation into Special Lighting District – Trilateral Lighting "SLD-T" No. 1297:

Special Lighting District (SLD) 900 was created by Resolution 4899 on March 26, 1956 for 36 lights, within the area bounded by the center line of 10th Alley South, the center line of 14th Street South, the center line and center line extended of 11th Alley South and the center line and center line extended of 2nd Street South.

SLD 955 was created by Resolution 5146 on April 14, 1958 for 47 lights along the streets and avenues, within the area bounded by the center line of 14th Street South, the center line of 10th Alley South, the center line of 28th Street South and the center line of 11th Alley South.

SLD 1040 was created by Resolution 5591 on August 6, 1962 for 13 lights in the area of 10th Avenue South, from the east line of 34th Street to the west line of 38th Street South.

After researching the special lighting districts and their boundaries, it was discovered that some properties were benefiting from the street lighting, but were not included within the boundary lines of those districts. With this consolidation, the modified boundary lines would include those properties.

Mayor Gray declared the public hearing open. No one spoke in support of or opposition to Resolution 9211. Mayor Gray declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9211.

Motion carried 4-0.
 

Res. 9213, Consolidate and Modify SLD-A 1294. Adopted.
5.
RESOLUTION 9213, CONSOLIDATE AND MODIFY SPECIAL LIGHTING DISTRICTS 1061, 1165, 1222, 1226, 1258, 1259, 1273, 1276, AND 1288 INTO SPECIAL LIGHTING DISTRICT – ALLEY LIGHTING "SLD-A" 1294.

Consolidation of Special Lighting Districts No. 1061, 1165, 1222, 1226, 1258, 1259, 1273, 1276 and 1288 into a single alley lighting district Special Lighting District - Alley Lighting "SLD-A" No. 1294 was proposed in accordance with MCA 7-12-4354. This would result in an estimated annual assessment in the consolidated and modified areas of $10.81 for an average lot size of 7,953 square feet. All light fixtures, poles, and wiring, existing and proposed were of similar size, type and material found within areas throughout the City.

MCA 7-12-4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change.

Description of Lighting Districts proposed for consolidation into Special Lighting District – Alley Lighting "SLD-A" No. 1294:

Consolidated Special Lighting District (SLD) 1061 was created by Resolution 7727 on August 17, 1982 for 1,052 lights within various localities throughout the City.

Consolidated SLD 1165 was created by Resolution 7726 on August 17, 1982 for 426 lights within various localities throughout the City.

Consolidated SLD 1222 was created by Resolution 7729 on August 17, 1982 for 89 lights within various localities throughout the City.

SLD 1226 was created by Resolution 7775 on January 4, 1983 for 2 lights within the area bounded between 8th Alley South between 35th and 36th Streets South and within Block 7, Dudley-Anderson Addition and Block 3, Third Supplement to Sunrise Homes Addition.

SLD 1258 (#493415) was created by Resolution 8268 on April 4, 1989 for 4 lights within the area bounded by 7th Alley NW between 9th and 11th Street NW.

SLD 1259 was created by Resolution 8326 on November 8, 1989 for 2 lights within the area bounded by 3rd Alley South between 17th and 18th Street South.

SLD 1273 was created by Resolution 8596 on December 21, 1993 for 2 lights within the area bounded by 3rd Alley SW between 10th and 11th Street SW.

SLD 1276 was created by Resolution 8689 on November 1, 1994 for 2 lights within the area bounded by 3rd Alley SW between 11th and 12th Street SW.

SLD 1288 was created by Resolution 8936 on April 7, 1998 for 2 lights within the area bounded by 5th Alley SW between 7th and 8th Street SW.

After researching the special lighting districts being considered in this consolidation and reviewing their boundaries, it was discovered that there were a few discrepancies. Some lighting districts were included in prior consolidations, but the legal descriptions on their boundary lines were not listed in the original resolutions. Properties within those boundary lines have been assessed and some have not been assessed for alley lighting since the adoption of the resolution. Reference: Modifications #1 and #6.

Some properties were being assessed for alley lighting and should have been assessed, but the boundary lines as outlined in the legal descriptions from the prior consolidated resolutions, were not defined properly. Reference: Modifications #3, #5 and #8. Research also revealed that some properties have never been included within any alley lighting district, yet the properties have benefited from alley lighting for a number of years. Those properties should be included in this consolidation and they should be assessed. Reference: Modification #2, #4, #7 and #9.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9213. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9213.

Motion carried 4-0.
 

Res. 9215, Consolidate and Modify SLD-R 1296. Adopted.
6.
RESOLUTION 9215, CONSOLIDATE AND MODIFY SPECIAL LIGHTING DISTRICTS 11, 1070, 1212, 1213, 1224, 1228, 1254, 1256, 1274, 1278, 1284, AND 1293 INTO "SLD-R" 1296.

Consolidation of Special Lighting Districts No. 11, 1070, 1212, 1213, 1224, 1228, 1254, 1256, 1274, 1278, 1284 and 1293 into a single street lighting district Special Lighting District – Residential Lighting "SLD-R" 1296 is proposed in addition to some minor modifications to the boundaries in accordance with 7-12-4354, MCA. This would result in an estimated annual assessment in the consolidated and modified areas of $77.57 for an average lot size of 10,656 square feet. All light fixtures, poles, and wiring, existing and proposed are of similar size, type and material found within the areas throughout the City.

MCA 7-12-4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change.

Brief description of Lighting Districts proposed for consolidation into Special Lighting District – Residential Lighting "SLD-R" No. 1296:

Modified Special Lighting District (SLD) 11 was created by Resolution 8520 on November 17, 1992 for 20 lights within the area bounded by Blocks 1 and 2, Lots 1 through 6, Viles and Robinson Addition, Tracts 1 through 8, Hillside Tract and Block 16, Lots 5 through 11 and Lots 12 through 18, Mount Royal Addition.

Consolidated SLD 1070 was created by Resolution 7829 on August 8, 1983 for 5,412 lights within various localities throughout the City.

Consolidated SLD 1212 was created by Resolution 7831 on August 8, 1983 for 732 lights within various localities throughout the City.

SLD 1213 was created by Resolution 7380 on September 18, 1979 for 16 lights within the area bounded by Portage Meadows #3 Addition.

SLD 1224 was created by Resolution 7718 on July 20, 1982 for 20 lights within the area bounded by Eastlands Addition.

SLD 1228 was created by Resolution 7880 on April 3, 1984 for 15 lights within the area bounded by Adobe Drive, Linden Drive, Coyote Court, Coyote Lane and Tanager Court all as contained on the Plat of Fox Farm Addition #4 and along a portion of Coyote Lane contained in Fox Farm Addition #1 and adjacent to Lots 52 through 55, Block 1, Fox Farm Addition #4.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9215. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9215.

Motion carried 4-0.
 

Res. 9246, Assess the Boulevard Maintenance District. Adopted.
7.
RESOLUTION 9246, BOULEVARD MAINTENANCE DISTRICT.

On July 16, 2002, the City Commission set an August 6, 2002 public hearing date to hear anyone wishing to speak for or against the Boulevard Maintenance Assessment. The General Boulevard Area assessment for fiscal year 02/03 will be $289,725, the same amount assessed in FY 01/02. This will result in an assessment of $61.71 for an average lot of 7,500 square feet.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9246. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9246.

Motion carried 4-0.
 

Res. 9247, Assess Portage Meadows Maintenance District. Adopted.
8.
RESOLUTION 9247, ASSESS PORTAGE MEADOWS MAINTENANCE DISTRICT.

On July 16, 2002 the City Commission set an August 6, 2002, public hearing date to hear anyone wishing to speak for or against the Portage Meadows Maintenance Assessment.

The Portage Meadows Area assessment for fiscal year 02/03 will increase to $19,786 to compensate for salaries and increased water rates for the future year. This will result in an assessment of $105.81 for an average lot of 4,503 square feet.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9247. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9247.

Motion carried 4-0.
 

Res. 9248, Assess the Street Maintenance District. Adopted.
9.
RESOLUTION 9248, STREET MAINTENANCE DISTRICT.

On July 16, 2002, the City Commission set an August 6, 2002, public hearing date to hear anyone wishing to speak for or against the Street Maintenance District Assessment.

The Street Maintenance assessment for fiscal year 02/03 will increase by 3.2%, which is being recommended to finance the match with the Sidewalk Repair Program with anticipated collections totaling $1,630,680.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9248. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9248.

Motion carried 4-0.
 

Ord. 2830, Rezone GF 15th Add, B2 L18. Adopted.
10.
ORDINANCE 2830, REZONE GREAT FALLS 15TH ADDITION, BLOCK 2, LOT 18, ALSO KNOWN AS 1516 AND 1518 9TH STREET SOUTH.

Ordinance 2830 rezones the north 150 feet of Lot 18, Block 2, 15th Addition to Great Falls, from "A" Residence Use, "A" Area District, to "LB" Local Business, "C" Area District. The property presently is occupied by two single family residential structures addressed as 1516 and 1518 9th Street South and the purpose of the rezoning is to allow construction of a medical office building.

The Planning Board conducted a public hearing on the rezoning. Bill Stuff of WRS Architecture and Design represented the applicant and answered questions from the Planning Board. No proponents or opponents spoke during the hearing.

The Planning Board, at the conclusion of the public hearing, passed a motion recommending the City Commission approve the rezoning from "A" Residence use, "A" Area District, to "LB" Local Business, "C" Area District classification.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2830. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2830.

Motion carried 4-0.
 

LEBG Funding Use. Approved.
11.
LAW ENFORCEMENT BLOCK GRANT FUNDING.

The Great Falls Police Department applied for a LEBG grant which required that an Advisory Board be appointed to review the application for funding. An Ad Hoc Committee met on July 9, 2002. Discussion involved the proposed use of block grant funding for the purposes of offsetting costs of equipment associated with the 911 Computer Aided Dispatch transition. The funds will be used to make technological improvements to the existing system and to expand the current systems capabilities. These may include but not be limited to: mobile terminal purchases and/or radio updates, software updates and the purchase of other equipment needed to complete and improve the communication system. If funds allow, it was also recommended that the Police Department pursue the purchase of specialized software that would allow automated communication and early warning capabilities. Once the system is fully operational it would improve public safety communication and response capabilities.

The Great Falls Police Department was awarded $63,456. The Department's matching share must be at least a 10 percent or $7,051.00 hard cash match. The final federal award will be $70,507.

Seven areas were approved for fund use. One area included law enforcement support for: 1) hiring, training and employing additional officers or support personnel; 2) overtime; and 3) equipment, technology and other material related to law enforcement functions.

The Committee met and concluded that the use of funding was appropriate and was a continuation of previous grant expectations. The funding would help reduce the replacement cost of the computer system and software; and, allow compatibility with a Court Records system and future CAD system. This system would also allow for crime analysis and improved tracking of criminal and traffic offenses.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the use of the LEBG funding. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission accept the recommendation of the L.E. Ad Hoc Committee for the use of the BJA grant funds.

Motion carried 4-0.
 

Business Improvement District FY 2002/2003 Budget. Approved.
12.
BUSINESS IMPROVEMENT DISTRICT 2002/2003 BUDGET AND WORK PLAN.

The Business Improvement District submitted their 2002/2003 budget and work plan for approval by the City Commission. State law requires that the Commission hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission must levy an assessment of the district to defray all costs. The assessment requested was according to the assessment formula approved with the creation of the district.

Greg Madsen, Executive Director for the BID, reviewed the proposed budget.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the 2002/2003 budget and work plan for the Business Improvement District. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the 2002/2003 Business Improvement District budget and work plan.

Commissioner Jovick-Kuntz stated she would abstain due to a conflict of interest.

Motion carried 3-0-1 (Commissioner Jovick-Kuntz abstained).
 

OLD BUSINESS

GF Townsite B247, L6 & 7, demolition contract. Approved.
13.
LINDEN TERRACE APARTMENTS, GF TOWNSITE BLOCK 247, LOT 6 & 7.

Recently the Supreme Court ruled in favor of the City regarding the condemnation efforts of an apartment building located at 322 4th Avenue North. The City began condemnation efforts in January of 2000.

Following the Supreme Court ruling, staff accepted bids for the demolition of the apartment structure. The low bid was submitted by Shumaker Trucking for $44,385.

The bid opening was conducted on July 17, 2002, at 3:00 p.m. On June 13, 2002, staff received a copy of the appellants' petition for rehearing, before the Supreme Court. On July 2, 2002, the Supreme Court denied the petition for rehearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission award the bid for the Linden Terrace Apartment building demolition to Shumaker Trucking, in the amount of $44,385.

Commissioner Jovick-Kuntz asked the City Manager to recap what occurred during this past week regarding this issue. City Manager Lawton stated that last week the City Commission received a letter stating that a business from Minnesota approached a realtor in Great Falls and expressed interest in purchasing the Linden Apartment building. The information received did not include who the party was, how the building would be rehabbed nor did Staff receive a formal proposal. Staff responded by requiring the potential purchaser to have a $1 million liability insurance policy and to repay the City for any expenses to date. Mr. Lawton stated those requirements were necessary and reasonable. He reminded the Commission that the City condemned the building because bricks were falling from it. In fact, the alley behind it was blocked off because of the condition of the building. He added that in order to protect the citizens and taxpayers of Great Falls from liability the stipulations he just outlined were necessary. Mr. Lawton noted that the insurance requirement was no different than the insurance required for all contractors doing work for the City.

There being no further discussion, Mayor Gray called for the vote. Motion carried 4-0.


 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9257, Intent to annex Skyline Park Addition Phase 9. Adopted.
14.
RESOLUTION 9257, INTENT TO ANNEX SKYLINE PARK ADDITION, PHASE 9.

Adoption of Resolution 9257 would set a public hearing for September 3, 2002, to consider the annexation of Skyline Park Addition, Phase 9, consisting of 6 single family lots along the northerly extension of 3rd Street Northeast. In April, the City and County Commissions conditionally approved the preliminary plat of Skyline Park Addition, Phases 8-16, a 127 lot single family residential subdivision located north of Skyline Education Center.

Jim Workman Construction is in the process of final platting and completing the annexation for Phase 8, consisting of 15 lots and now wanted to final plat and complete the annexation of Phase 9 consisting of 6 single family residential lots along the northerly extension of 3rd Street Northeast.

The Planning Board, during a meeting held July 23, 2002, recommended approval of the final plat of Skyline Park Addition, Phase 9, and annexation of the area contained therein subject to the following conditions: 1) The applicant execute an Annexation Agreement acceptable to the City and submit the appropriate supporting documents referenced in the Agreement; 2) All applicable fees and charges due as a consequence of either plat or annexation approval shall be paid by the applicant; 3) Any errors or omissions on the final plat noted by staff shall be corrected, and 4) Final engineering documents for required public improvements to serve the subdivision were subject to approval by the Public Works Department.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Resolution 9257.

Motion carried 4-0.
 

Ord. 2831, Zoning for Skyline Park Add Phase 9. Adopted.
15.
ORDINANCE 2831, ESTABLISH CITY ZONING UPON SKYLINE PARK ADDITION PHASE 9.

Ordinance 2831 assigns a zoning classification of "A" Residence Use, "A" Area District, to Blocks 2 and 3 and "A" Residence Use, "B" Area District, to Block 1, Skyline Park Addition, Phase 9, upon annexation to the City. The property is located north of Skyline Education Center and the subdivision consists of 6 single family lots along the northerly extension of 3rd Street Northeast.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2831 on first reading and set a hearing for 7 pm, September 3, 2002, to consider adoption of Ordinance 2831.

Motion carried 4-0.
 

Consent Agenda
Approved as printed.

CONSENT AGENDA

16.
17.
Total Expenditures of $2,195,766 for the period of July 1 - 24, 2002, to include claims over $500, in the amount of $2,169,546. [ Staff Report 17 ]
18.
Contracts List. [ Staff Report 18 ]
19.
Set public hearing for September 3, 2002, on a day care agreement at the Community Recreation Center. [ Staff Report 19 ] [ proposed day care agreement ]
20.
Set public hearing for on a concession agreement at the Community Recreation Center. [ Staff Report 20 ] [ proposed concession agreement ]
21.
Support of the Military Appreciation Picnic. [ Staff Report 21 ]
22.
Declare a listing of property with a value of $1,000 or more as surplus. [ Staff Report 22 ]
23.
Final payment in the amount of $196,993.75 to the Montana Department of Transportation for reconstruction of Central Avenue West utilities (OF 1189). [ Staff Report 23 ]
24.
Project construction agreement with the Montana Department of Transportation for the 6th Street Northwest, Central Avenue West to the Northwest Bypass project (OF 1188). [ Staff Report 24 ]
25.
5Modified Purchase Agreement with Burlington Northern and Sante Fe Railway in the amount of $28,250 for 10.659 acres located in T20N, R4E, Sections 5 and 65. [ Staff Report 25 ]
26.
6Land purchase with Conoco for railroad track relocation for the 18th Avenue North and 52nd Street North roadway construction project in T20N R4E Section 4, Lot 1, Section 3, Lot 4 and related to OF 12996. [ Staff Report 26 ]
27.
Project landscaping agreement with Montana Department of Transportation for the Northeast Bypass project. (OF 1256) [ Staff Report 27 ]
28.
Change Order 1 with United Materials of Great Falls in the amount of $79,288 for the Central Avenue Overlay/9th Street to 14th Street Upgrades project (OF 1353.2). [ Staff Report 28 ]
29.
Fire District Contract with Cascade County. [ Staff Report 29 ]
30.
Labor Agreement with the Great Falls Police Protective Association. [ Staff Report 30 ]
31.
Purchase of 400 water meter radio-read units to Dana Kepner in the amount of $57,698. [ Staff Report 31 ]
32.
Contract award to Sletten Construction in the amount of $909,957 for the 14th/15th Storm Drain Outfall Structure Project (OF 1215). [ Staff Report 32 ]
33.
Reject bid for the Water Treatment Plant Backwash Clarifier and Miscellaneous Improvements (OF 1199.9). [ Staff Report 33 ]
34.
Bid Award 2002 Cab, Chassis, Utility Body and Aerial Lift to Altec Industries in the amount of $68,932 and declare the replaced unit as surplus property. [ Staff Report 34 ]

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

Motion carried 4-0.
 

BOARDS AND COMMISSIONS
Native American Local Government Commission. Appoint Fairhurst and Devereaux.
35.
APPOINTMENTS, NATIVE AMERICAN LOCAL GOVERNMENT COMMISSION.

The Native American Local Government Commission was created by City Resolution 9220 and Cascade County Resolution 02-29 on March 19, 2002. The Commission was created to serve as a local "point-of-contact" for City and County governments; to represent the Native American community at the City and County government meetings, functions and events; to advise City and County governments on Native American needs, issues, forums and planning; to assist and advise in the coordinated review of the status of the local Native American community; and to serve as a clearinghouse of information on grants, employment opportunities and economic development activities for dissemination to Native American communities.

The Commission consists of three standing members (Indian Heritage Association Director, Indian Family Clinic Director, and Indian Education Program Director) and four rotating members with staggered terms (1-4 years, 2 each appointed by the City and County Commissions). Cascade County recently appointed J. Eldon LaTray and Sister Kateri Mitchell.

Commissioner Beecher moved, seconded by Commissioners Rosenbaum and Jovick-Kuntz, to appoint Grace M. Fairhurst and Henry Devereaux to the Native American Local Government Commission.

Motion carried 4-0.
 

Business Improvement District, Appoint Loncki.
36.
APPOINTMENT, BUSINESS IMPROVEMENT DISTRICT.

Business Improvement District board member James Gunderson resigned from his position on the board. Therefore, it was necessary to appoint one member to the Business Improvement District to fill the remainder of his term.

The Business Improvement District Board of Trustees is comprised of seven members appointed by the City Commission. The Board oversees the functions, operations, management and administration as necessary to carry out the purposes and objectives of the Business Improvement District. Members must be owners of property within the boundaries of the Business Improvement District or their personal representative, agent, or guardian.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint Nancy Loncki to the Business Improvement District to fill the remainder of a four-year term expiring June 30, 2003.

Motion carried 4-0.
 

Audit Committee. Appoint Fisher.
37.
APPOINTMENT, AUDIT COMMITTEE

The Audit Committee is comprised of the Mayor, one Commissioner, the City Manager or Assistant City Manager, Fiscal Services Director and a private citizen. The Audit Committee provides assurance that financial disclosures made by management reasonably portray the City's financial condition, results of operations and plans and long-term commitments.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint JoAnn Fisher o the Audit Committee.

Motion carried 4-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of August 6, 2002 adjourned at 8:48 p.m.


/S/
Mayor Randy Gray

/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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