JOURNAL OF COMMISSION PROCEEDINGS
October 21, 2003

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE:

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

PROCLAMATIONS Mayor Gray read proclamation for Red Ribbon Week.

PUBLIC HEARINGS

Great Falls Area Transportation Plan 2003-Adopted.
1.
GREAT FALLS AREA TRANSPORTATION PLAN - 2003.

Acting Planning Director Ben Rangel reported that the consulting firm of Robert Peccia & Associates was hired by the Planning Board in May 2002 to develop a full-fledged multimodal transportation plan for the Great Falls area. During the past 16 months the consultant has gathered and analyzed existing conditions on the major street network; developed population, housing and employment projections through 2025; modeled the existing and future street networks to identify roadway capacity problems; developed a list of traffic operational and safety problems on the existing and future street networks; and developed recommendations to address identified issues and problems. The consultant also addressed a number of transportation planning related topics and areas of interest, including alternative modes of transportation (pedestrian, bicycle and transit); downtown parking, access and circulation; transportation demand management; traffic calming; and street standards/right of way needs.

The collected data, analysis, topics and recommendations were the subject of review and discussion at several public meetings and work sessions throughout the study period. Presentations were specifically made to the City Commission, County Commission, Planning Board, the nine Neighborhood Councils and other local organizations. A public meeting and workshop was also held with bicycling enthusiasts to develop the bike plan. The study information, process, progress, and products were also accessible via the internet at both the City of Great Falls and Cascade County websites. The consultant also developed and printed four newsletters.

On September 25, 2003, the Technical Advisory Committee received the public comments and passed a motion that the plan was acceptable and ready for the public hearing process. On October 14, 2003, the City-County Planning Board adopted the updated transportation plan and recommended adoption by both the City Commission and County Commission. The County Commission was scheduled to conduct a hearing on October 28, 2003.

The plan will be presented to the Policy Coordinating Committee in late October or early November for its acknowledgement that the update process has been satisfactorily completed.

Mayor Gray declared the public hearing open. Due to the length of the plan, rather then asking for pro-opponents or opponents, Mayor Gray asked people in the audience with any comment on any portion of the plan to please feel free to come forth.

Stuart Lewin, Active board member of the Missouri River Corridor, Attorney in Great Falls, stated he was speaking on behalf of the Missouri River Citizens and himself. He stated that the process the City had been going through in the Transportation Plan had been an excellent process and he commended the planning staff for the way that the staff handled it. The planning staff provided opportunities for the public to comment and also had provided answers to the comments. He also stated that there needed to be more discussion in regards to the plan. Mr. Lewin did not feel the plan was adequate. He explained that he did not want to stop all development, but the river was a major asset to the City. The City needed to do better with revisions recommended by the Great Falls City-County Planning Board. His main concern was having the transportation plan revised to keep the major trucks and local truck use away from the river area to keep it free from spills, dust, and accidents and sound. The City needed to protect and promote the river. Mr. Lewin also expressed concern that United Materials should move their business to the airport area being how they use the river road on a regular basis. He would like to see the City adopt the Missouri River Corridor plan. Mr. Lewin highly suggested that the City needed to table the plan.

Margaret Jones (Last name inaudible), read comments on behalf of her brother for he was out of town. He believed the transportation plan was well done and recommended adoption subject to two additions. 1. The plan recommendation regarding River Drive from 15th street through 38th street was based impart on statements made in the Missouri River Corridor Master Plan. In its present draft form, it was not a reliable reference document. It was subject to change as a result of public review during the approval process. Changes may cause the transportation plan recommendation to become invalid. He recommended a qualifying statement be included in the transportation plan to alert users to the situation. An alternative would be to remove affected recommendation from the transportation plan until the master plan is completed. 2. He also recommended the Great Falls truck route system be revised to keep through trucks off River Drive. He stated that the majority of the heavy truck use is local trucks and the City should find an alternative route that would serve trucks well. He recommended establishing a local truck route system with a goal of keeping heavy trucks off the River Drive that were not vital truck routes and adding that to the transportation plan.

Mayor Gray asked Ben Rangel if the City could put a qualifying statement into the Transportation Plan reference regarding the comments from Margaret Jones brother.

Acting City/County Planning Director Ben Rangel stated that there were always those types of possibilities and that was a specific interest and concern to individuals when they were provided copies of the plan. The transportation plan was updated and the City fully incorporated the guiding principles and in fact, specific recommendations from the Missouri River Corridor master plan that dealt with the sensitive issue that was brought forth. In terms of the River Drive City staff believed the plan adequately reflected those sensitive issues and concerns. To add the additional statements in essence raises the question where does the City stop in the process? Was there a number of other things that individuals might be concerned with that would have an entire list of statements that further may dilute the significant of the documents.

There being no one further to speak in support of or opposition to the plan. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that City Commission adopt the Great Falls Area Transportation Plan - 2003.

Mayor Gray asked if there were any discussion among the Commission.

Commissioner Jovick-Kuntz asked Bill Bronson to explain what the revisions that were recommended by the Great Falls City planning board.

Bill Bronson, Chairman of Planning, explained the revisions in relation to Impact Fees. He further advised the City Commission that the planning staff would commit to have the Missouri River Corridor Plan finalized by the end of the calendar year.

Motion carried 5-0.
 

Day Care Agreement at Community Recreation Center. Approved.
2.
DAY CARE AGREEMENT COMMUNITY RECREATION CENTER.

Recreation Center Supervisor Jo Ann Maxwell reported that the City, per ordinance, advertised for proposals for the operation of a day care at the Community Recreation Center. The original proposals were due July 23. No proposals were received on the due date. Staff received a proposal from A Child's World Day Care in early August. Since this was the sole source, negotiations were started with Kathy Taylor of A Child's World when another day care expressed interested in submitting a proposal. Staff then had to begin the bid process over. The City re-advertised for proposals; proposals were due on September 24. Kathy Taylor of A Child's World Day Care submitted the sole proposal.

The proposed lease agreement was for 14 months, November 2003 to December 2004. The City proposed a bid of $1,000 a month for rental.

The City had a previous three (3) year lease agreement with Honey Bear Day Care, Inc. at the Community Recreation Center. Honey Bear Day Care leased the facility from February of 1999 through June of 2003, terminating the final lease and discontinuing their day care service.

The Park & Recreation Board approved the lease at its October 13, 2003 board meeting.

Mayor Gray declared the public hearing open.

Karen Taylor, Owner, 771-9299, informed the Commission the she had thirteen years experience with child care.

There being no one further to speak in support of or opposition to the plan, Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission approve the Day Care Agreement with Child's World Day Care.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ord. 2863, Pertaining to the membership and size of the Advisory Commission on International Relationships. Expands the size of the ACIR. Action: Adopted.
3.
ORDINANCE 2863, PERTAINING TO THE MEMBERSHIP AND SIZE OF THE ADVISORY COMMISSION ON INTERNATIONAL RELATIONSHIPS. EXPANDS THE SIZE OF THE ACIR. ACTION: ADOPT OR DENY ORDINANCE 2863.

Fiscal Services Director Coleen Balzarini reported that the members of the Advisory Commission on International Relationships (ACIR) requested that the City Commission expand the size of the ACIR from five to seven members to nine to eleven members. They requested this change for the following reasons:

  1. The workload associated with hosting foreign delegations to the City coupled with the personal commitments that each member already had, required that the work be spread thinner than was now possible with its current seven members. The ACIR had to keep in consideration that the work starts when the hosting was announced and continues past the hosting with the submission of reports.
  2. The ACIR's level of activity requires the establishment of an administrative infrastructure that would assume some of the functions now being handled by City Staff.
  3. An expanded administrative infrastructure would require an increase in their officers from two (Chairman and Vice Chairman) to four to include a Secretary and Treasurer. The requested member increase would assist in filling these positions.

If this request was approved, it was anticipated that the ACIR would be in a better position to plan projects, organize itself to address projects in an effective posture, and have people available to accomplish the tasks associated with projects.

Mayor Gray asked if anyone had any comments on Ordiance 2863.

Bob Harris, Chairman of ACIR, 1500 9th St NW, Great Falls, Montana 59404, stated he supported the Ordinance.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2863.

Motion carried 5-0.
 

Ord. 2864, Deleting Chapter 15.03 and Amending Chapter 15.04, Official Codes for the City of Great Falls. Accepted on first reading and public hearing set for November 4, 2003.
4.
ORDINANCE 2864, DELETING CHAPTER 15.03 AND AMENDING CHAPTER 15.04, OFFICIAL CODES FOR THE CITY OF GREAT FALLS. AMENDS THE OCCGF PERTAINING TO THE UNIFORM HOUSING CO9DE AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS BY REPLACING THEM WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE. ACTION: ACCEPT ORDINANCE 2864 ON FIRST READING AND SET PUBLIC HEARING FOR NOVEMBER 4, 2003.

Community Director Mike Rattray reported that adopting the International Property Maintenance Code would keep Great Falls abreast with the latest code publications and supporting documents. The International Property Maintenance Code contains the provisions and means by which to enforce issues previously enforced by two codes; the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings.

The State of Montana eliminated the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings from the list of mandatory codes which must be adopted by local municipalities. The adoption of these codes had been left as an option to local certified jurisdictions.

The last printing of the "Uniform" codes was the 1997 editions, in cooperation with the progression to one nationally recognized set of codes promulgated by the International Codes Council. Consequently the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings are six years out of date with no supporting organization.

The 2003 International Property Maintenance Code would replace both of the old codes. With support from the International Codes Council by publishing current editions of this and companion codes, within the typical three year cycle, along with testing and certification for inspectors makes this the logical progression for the City of Great Falls.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher , that the City Commission Accepted Ordinance 2864 on first read and set public hearing for November 4, 2003.

There being no further discussion, Mayor Gray called for the vote.

Motion carried 5-0.
 

Res. 9347, Montana Board of Investments Loan Agreement for Great Falls Public Library Land Acquisition. Adopted.
5.
RESOLUTION 9347, MONTANA BOARD OF INVESTMENTS LOAN AGREEMENT FOR GREAT FALLS PUBLIC LIBRARY LAND ACQUISITION. APPROVES A LOAN FROM THE MONTANA BOARD OF INVESTMENTS FOR UP TO $32,000 FOR PURCHASE OF LAND FOR ADDITIONAL PARKING FOR THE GREAT FALLS PUBLIC LIBRARY. ACTION: ADOPT OR DENY RESOLUTION 9347

Fiscal Services Director Coleen Balzarini reported that the Montana Board of Investments agreed to loan the City of Great Falls up to $32,000 for the purchase price plus closing costs necessary to purchase Lot 9, Block 251, Great Falls Original Townsite which is adjacent to the existing Great Falls Public Library parking lot. The current rate is 2.85percent. The loan had a variable interest rate that changes annually in February. The term of the loan was 3 years.

The current staff parking lot is on the corner of 2nd Avenue North and 3rd Street. A portion of these spaces are allotted to the County in exchange for snow removal, with all spaces reserved. The land being purchased would provide the only opportunity for the Library to expand existing parking options in the future. The funds for the purchase of the lot would come from the Library budget with contributions from Great Falls Public Library Foundation. An appraisal had been completed on the land.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9347.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

6.
7.
Total Expenditures of $1,075,538 for the period of September 24 through October 3, 2003, to include claims over $500, in the amount of $1,038,208. [ Staff Report 7 ]
8.
Contracts list. [ Staff Report 8 ]
9.
Set public hearing for November 4, 2003, on Res. 9346, a cost recovery at 1125 5th Avenue North. [ Staff Report 9 ] [ Res. 9346 ]
10.
Set public hearing for November 18, 2003, for a lease agreement for a portion of Lot 1, Block 2, Broadwater Bay Business Park. (Broadwater Bay Business Park Block 2 Lot 1) [ Staff Report 10 ]
11.
Contract to Ed Boland Construction in the amount of $141,872.50 for the 13th Street South water main replacement 13th Avenue South to 17th Avenue South project. (OF 1187.1) [ Staff Report 11 ]
12.
Bid to A.T. Klemens, Inc. in the amount of $246,461 for the Water Treatment Plant Chlorination Systems Upgrade Project. (OF 1199.4). [ Staff Report 12 ]
13.
Change Order No. 1 in the amount of $11,500 to David W. Kuglin Construction for the 2003 CDBG Handicap Ramp Installations & Park Sidewalk Replacements project. (OF 1378.1) [ Staff Report 13 ]
14.
Change Order No. 1 in the amount of $10,244 for the Consultant Design Agreement with Neil Consultants for the Eagle Falls/Legion Park/Veteran's Memorial project. (OF 1355) [ Staff Report 14 ]
15.
Bid to United Materials of Great Falls, Inc., in the amount of $202,320 for the 2003 Miscellaneous Street Repairs. (OF 1380) [ Staff Report 15 ]
16.
Bid to United Materials in the amount of $42,250 for 5,000 tons of street sanding material. [ Staff Report 16 ]
17.
Final payment to Ed Boland Construction, Inc., and the State Miscellaneous Tax Division in the amount of $16,326.01 for the 9th Street South Water Main Replacement and Street Overlay. (OF 1338.1) [ Staff Report 17 ]
18.
Purchase of land in the amount of $30,000 located adjacent the corner lot on 2nd Avenue North and 3rd Street for additional parking for the Great Falls Public Library. (GF Townsite Block 251 Lot 9) [ Staff Report 18 ]

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

Mayor Gray stated that on item 10 the record should reflect that he abstained due to perceived conflict of interest.

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Appointment, Board of Adjustment and Appeals. Appointed Robert Haffner.
19.
APPOINTMENT, BOARD OF ADJUSTMENT AND APPEALS.

The term of Darcy Crum expired on September 30, 2003. Ms. Crum served two three-year terms and, therefore, was not eligible for reappointment. It was necessary to appoint one new member to fill her position.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that, the City Commission appoint Robert Haffner to the Board of Adjustment/Appeals for a three-year term expiring September 30, 2006.

Motion carried 5-0.
 

Appointment, Parking and Advisory Commission. Appointed Maureen A. McInnis.
20.
APPOINTMENT, PARKING AND ADVISORY COMMISSION.

James E. (Butch) Larcombe resigned from his position on the Parking Advisory Commission. Therefore, it was necessary to appoint one member to fill the remainder of his term through April 30, 2005.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Maureen A. McInnis to the Parking Advisory Commission to fill the remainder of a three-year term through April 30, 2005.

Motion carried 5-0.
 

Appointment, Park and Recreation Board. Appointed Susan Hennessey
21.
APPOINTMENT, PARK AND RECREATION BOARD.

Eric Spangenberg resigned from his position on the Park & Recreation Board. Therefore, it was necessary to appoint one member to fill the remainder of his term through December 31, 2005.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Susan Hennessey to the Park and Recreation Board to fill the remainder of a three-year term, expiring December 31, 2005.

Motion carried 5-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of October 21, 2003 adjourned at 7:55 p.m.


Mayor Randall H. Gray

Carolyn M. Broquist, Deputy City Clerk


* Non-text and electronically unavailable attachments are on file in the City Clerk's Office.
** An electronic copy of this ordinance is unavailable.


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