JOURNAL OF COMMISSION PROCEEDINGS
November 4, 2003

Regular City Commission Meeting Mayor Pro Tempore Beecher presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE:

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

PRESENTATIONS: Mayor Pro Tempore Beecher swore Firefighter Michael T. Kuntz in as a member of Great Falls Fire Rescue.

PUBLIC HEARINGS

Res. 9346, Cost Recovery, 1125 5th Avenue North. Adopted.
1.
RESOLUTION 9346, COST RECOVERY, GF 1st ADD. B180 L8 ADDRESSED AS 1125 5th AVENUE NORTH.

Community Development Director Mike Rattray reported the owner of the property located on the South 85feet of GF 1st Add B108 L8, Great Falls, Cascade County, Montana, was issued a notice of hearing before the City Commission of Great Falls to appear at 7:00 P.M., November 4, 2003. The hearing was to show cause why the owner of the property should not be held liable for the costs incurred in razing the structure known as 1125 5th Avenue North.

Action Date
. Residence destroyed by fire04-19-03
. Initial complaint taken by staff05-28-03
. Initial inspection of proper05-28-03
. Ownership and encumbrance report ordered05-28-03
. Sixty-day notice mailed05-29-03
. Asbestos inspection09-08-03
. Razing permit issued09-18-03
. Razing complete09-29-03
. Final inspection and approval by staff09-29-03

Cost for cleanup as follows:

. Asbestos sampling by City of Great Falls staff$ 188.00
. Building Inspection Fees$ 270.00
. Administrative Fee$ 200.00
. Ownership and encumbrance report by Stewart Title$ 110.00
. Recording Fee$ 12.00
. Publishing - Legal Ad$ 35.00
. Demolition & cleanup by M & D Construction/Excavating$ 4,255.00
TOTAL COSTS INCURRED:$ 5,070.00

Mayor Pro Tempore Beecher declared the public hearing open. No one spoke in support or opposition. There being no one to address the Commission, Mayor Pro Tempore Beecher closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that City Commission close the public hearing and adopt Resolution 9346 and assess the total charges of $5,070 against the property itself with interest and penalties on the unpaid balance.

Motion carried 4-0.
 

Ord. 2864, Amending Title 15, Deleting Chapter 15.03 and amending Chapter 15.04. Adopted.
2.
ORDINANCE 2864, AMENDING TITLE 15, DELETING CHAPTER 15.03 AND AMENDING CHAPTER 15.04. AMENDS THE OCCGF PERTAINING TO THE UNIFORM HOUSING CODE AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS BY REPLACING THEM WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE.

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.

Mayor Pro Tempore Beecher declared the public hearing open. No one spoke in support or opposition. There being no one to address the Commission, Mayor Pro Tempore Beecher closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2864 on final reading.

Motion carried 4-0.
 

NEW BUSINESS

Capital Contribution Southern Montana Electric Generation and Transmission Co-op, Inc. Approved.
3.
CAPITAL CONTRIBUTION, SOUTHERN MONTANA ELECTRIC GENERATION AND TRANSMISSION CO-OP, INC. APPROVES CAPITAL CONTRIBUTION OF $23,376.12 FOR PARTICIPATION IN ECONOMIC FEASIBILITY STUDY OF A "CLEAN COAL" TECHNOLOGY ELECTRIC GENERATION RESOURCE. ACTION: APROVE OR DENY CAPITAL CONTRIBUTION.

City Manager John Lawton reported that the City of Great Falls was a member of Southern Montana Electric Generation and Transmission Co-op (SME G & T). As a member of SME G&T the City had an opportunity to participate in an ongoing study to determine the economic feasibility of a 'clean coal' technology electric generation resource in Montana. The level of this participation was based upon a formula determined on a 'load ration share' basis. In other words, a capital contribution calculation was made to determine each member's relative share of the total load served by the SME G&T group. The total cost of the feasibility study is $150,000. The City's share is 17.58% or $23,376.12.

On October 21, 2003, the City Commission adopted an ordinance creating a municipal electric utility. This positions the City of Great Falls to purchase electricity in wholesale markets and to distribute it in one or more of several optional ways. The ordinance is general in nature, allowing the City to enter the business of providing electricity at varying levels.

The City's immediate strategy continues to be the assembling of a portfolio of power contracts by working with governmental power marketers such as the Western Area Power Administration and with our neighboring rural electric co-operatives. Participating in a study exploring the feasibility of developing additional generation facilities in Montana was another important aspect to be given serious consideration when working towards the current and future stabilization of electric supply and electric rates in the Great Falls community.

It was obvious that electrical energy price and supply vulnerability would affect all of us as consumers. What may not be quite so obvious was that it would also affect our ability to develop our economy. An unstable supply of electricity at high prices could choke off any possibility of economic growth.

The City was proposing participation in this feasibility study to enhance the positioning of the City to respond to several different scenarios should they materialize. If it was neither necessary nor advantageous to Great Falls' residents for the City to be involved in energy generation, then the City will not enter this side of the business. Funding for the study was available from existing reserves.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve a capital contribution to SME G&T in the amount of $23,376.12.

Mayor Pro Tempore Beecher asked when the completion date of the study would be. City Manager John Lawton responded that Phase one was nearly completed and the entire study would be completed in about six months.

Motion carried 4-0.
 

ORDINANCES/RESOLUTIONS

Ord. 2865, Revising OCCGF 5.01.020 Pertaining to Safety Inspection Certificates. Set Public Hearing.
4.
ORDINANCE 2865, PERTAINING TO THE REVISION OF SAFETY INSPECTION CERTIFICATES.

City Manager John Lawton reported that Ordinance 2865 clarified language contained in Title 5 of the Official Codes of the City of Great Falls pertaining to Safety Inspection Certificates. If adopted, the proposed ordinance would parallel language contained in Chapter 1 with that contained in Chapter 2 by clarifying when Special Business Licenses were to be obtained in addition to Safety Inspection Certificates.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2865 on first reading and set the final reading date for November 18, 2003.

Commissioner Hinz asked for a list of businesses that do not now have inspections so the public would know who the City is talking about.

City Manager John Lawton replied that it included certain types of contractors. Plumbing and Electrical contractors. Drain Layers, and all alcoholic beverage license holders and some others. It was a fairly limited list and mainly contractors and alcoholic beverage licenses.

Motion carried 4-0.
 

Res. 9351, To Establish Policy for Criteria on City Assistance for Community Projects. Adopted.
5.
RESOLUTION 9351, ESTABLISHING POLICY FOR CRITERIA ON CITY ASSISTANCE FOR COMMUNITY PROJECTS.

City Manager John Lawton reported that Resolution 9351 establishes the public policy criteria when community groups request the City of Great Falls to be a partner in community amenity projects as well as guidelines to determine if the project should be a municipal service.

Throughout the past several years, the City of Great Falls had partnered with various community groups in support of amenities projects, to include: River's Edge Trail, Legion Park Renovations, the Children's Museum, and the Veteran's Memorial. Resolution 9351 formally adopts policy guidelines that would be considered when the City Commission makes the decision to partner on amenity projects or to determine if the project would become a municipal service.

For the past several years, the City had not enjoyed the financial climate where the City could simply build, finance, and operate major community amenity projects using City resources of one kind or another, so the City entered into partnerships with various organizations to provide assistance to make projects possible. Assistance had been in the form of property acquisition, infrastructure or other financial assistance, and leadership. However, the City had primarily played a supportive role.

Adoption of Resolution 9351 would provide consistent guidelines for the City Commission to follow when making decisions about future projects desired by the community.

The City of Great Falls is frequently asked for assistance in developing partnerships for community projects and amenities. The City does have financial limitations that preclude simply allowing financing, building, and operating major community amenity projects using City resources, and the City of Great Falls has in the past partnered with community organizations for amenities, to include: Great Falls Baseball Club, River's Edge Trail, the Children's Museum, and the Veteran's Memorial. The City wishes to adopt a formal policy outlining criteria for participation in community projects. The City shall evaluate the following guidelines in determining its level of participation. Eligible projects must have an established organization set up as a 501(c) (3) with a charter and by-laws or some other appropriate structure. The requesting organization must have a recognized leadership structure and spokesperson(s) and a coherent and realistic vision of what the organization wants to do is a basic requirement, not relying on the City to define or complete the vision. A strong component of cost sharing was a requirement for any project to be considered as well as identifying fundraising structure and strategies. An overall financial plan including the extent of requested City involvement must be identified. Present and future costs must be identified and estimated. Location of the amenity must be identified along with an acquisition plan.

Although the above-outlined guidelines set the standard for City of Great Falls participation in amenity projects, the City Commission still may not elect to participate in every project given the severe limitation of funds and other factors. When the City determines whether or not a community project would be a municipal service, the following guidelines would be considered: Potential number of users served, Cost to the City of Great Falls, Availability of resources including staff Risk, as measured by project complexity, consequences of failure. Overall the City would need priority compared to competing projects.

Commissioner moved Jovick-Kuntz, seconded by Commissioner Hinz, that the City Commission approve Resolution 9351, Establishing a policy for criteria on city assistance for community projects.

Motion carried 4-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

6.
7.
Total Expenditures of $1,216,744 for the period of October 8-22, 2003 to include claims over $500, in the amount of $1,197,594. [ Staff Report 7 ]
8.
Contracts list. [ Staff Report 8 ]
9.
Public hearing for December 2, 2003, to consider lease of the Zellerbach Building to the Children's Museum of Montana. (Township 20, R3F, Mark 221, #22 Railroad Square, Section 11). [ Staff Report 9 ]
10.
Public hearing for November 18, 2003, on Resolution 9350, Building Permit Fee Increase. [ Staff Report 10 ] [ Res. 9350 ]
11.
Public hearing for November 18, 2003, on Resolution 9348, Cost Recovery at 817 8th Avenue North. (GF Townsite, B409, L4-5). [ Staff Report 11 ] [ Res. 9348 ]
12.
Public hearing for November 18, 2003, on Resolution 9344, Safety Inspection Certificate fees. [ Staff Report 12 ] [ Res. 9344 ]
13.
Postpone bid award for new 2004 fire trucks to allow staff additional time to review bids. [ Staff Report 13 ]
14.
Change Order # 2 in the amount of $21,504.90 and Final Pay in the same amount for the construction contract for Tamietti Construction Company for Phase 2, Historic Preservation of the 10th Street Bridge. (OF 979.3) [ Staff Report 14 ]
15.
Cancellation of City of Great Falls checks that remain outstanding and unpaid for a period of one year. [ Staff Report 15 ]
16.
Exception request to the Housing Loan Policies for the maximum loan to owner of property located at 720-724 1st Avenue North. (GF Town-site, B318, L4, 5, 6, & 7). [ Staff Report 16 ]

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

Motion carried 4-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of November 4, 2003 adjourned at 7:24 p.m.


Mayor Pro Tempore Bill Beecher

Carolyn M. Broquist, Deputy City Clerk


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


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