JOURNAL OF COMMISSION PROCEEDINGS
September 20, 2005

Regular City Commission Meeting
Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE:

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

PROCLAMATION: National Good Neighbor Day

PUBLIC HEARINGS

Resolution 9489, Levy and assess SLDs. Adopted.
1.
RESOLUTION 9489, LEVY AND ASSESS SLDS.
[ Staff Report 1 ] [ Resolution 9489 ]

The Fiscal Services Department finalized the Special Lighting District maintenance cost estimate which was reflected in Resolution 9489. Maintenance and administrative fees equaled 10 percent of the estimated cost for the districts. The $1,151,930 assessment for fiscal year 2005/2006 was based on actual billings for the district and adjustments for cash balances from prior fiscal years.

In September 2004, the City entered into an energy purchase contract with Southern Montana Electric Generation and Transmission and has been purchasing electrical energy at 6 percent less than when the City purchased energy from NorthWestern Energy. The City was using about half the power it purchased and sold the rest under contract to the Great Falls Public Schools, Great Falls International Airport and related facilities on Gore Hill, Housing Authority, Veolia Water North America as of October 2004, and will add additional customers in September 2005. On July 19, 2005, the City Commission granted Electric City Power a supply rate increase of $2.40 bringing the cost to $40 per megawatt hour effective October 1, 2005. As of August 2005, the current default rate with NorthWestern Energy was $40.37 per megawatt. The new rate increase would continue to provide a significant savings to the consumer.

MCA 7-12-4301 and 7-12-4333, authorizes the City Commission to create lighting districts and to assess the costs of installing and/or maintaining the districts to the owners of the properties located within the boundaries of such districts. Continuation of street lighting in the SLDs requires the Commission to adopt a resolution setting the special assessment rate.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9489. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9489.

Motion carried 4-0.

Business Improvement District Annual Budget and Work Plan. Approved.
2.
BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET AND WORK PLAN.
[ Staff Report 2 ]

The executive director of the Business Improvement District submitted the 2005/2006 budget and work plan for approval by the City Commission. State law requires that the City Commission hold a public hearing on the work plan and budget.

Greg Madson, Business Improvement District Executive Director, reported that the budget reflected about a $30,000 reduction in expenditures. He reviewed the goals that were outlined in the work plan. He added that the Business Improvement District Board was preparing a strategic planning session and would incorporate the use of focus groups.

Commissioner Hinz asked how many vacant properties there were in the downtown. Mr. Madson stated that as of last fall about 15 percent of the properties were considered vacant. He clarified that "vacant" meant space that could not be immediately moved into which primarily included the 2nd and 3rd floors of the downtown buildings.

Mayor Gray declared the public hearing open. No one appeared to speak in support of the budget and work plan. It was noted that the City Clerk received letters of opposition to the work plan and budget from Steve Gillespie and Doug Ormseth. There being no further opposition, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission approve the 2005/2006 Business Improvement District budget and work plan.

Motion carried 4-0

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9488, Assess BID. Adopted.
3.
RESOLUTION 9488, ASSESS BUSINESS IMPROVEMENT DISTRICT.
[ Staff Report 3 ] [ Resolution 9488 ]

Fiscal Services Director Coleen Balzarini reported that, as required by State Statute, the Great Falls Business Improvement District developed and presented a Work Plan and Proposed Budget for fiscal year 2005/2006. As in prior years, the assessment requested to fund the 2005/2006 budget and work plan was based on the assessment formula approved with the creation of the district, which would generate $155,332.80 in assessment revenue.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9488.

Commissioner Hinz noted that the amount to be assessed was less than the proposed budget and asked Mr. Madson where the other revenue was coming from that would balance the budget. Mr. Madson stated that reserves were being used to balance the budget.

Motion carried 4-0.

Ord. 2924, Zone Skyline Heights Add., Phase 7. Accepted on first reading and set public hearing for October 18, 2005.
4.
ORDINANCE 2924, ZONING FOR SKYLINE HEIGHTS ADDITION, PHASE 7.
[ Staff Report 4 ] [ Ord. 2924 ] [*]

Planning Director Rangel reported that Ordinance 2924 assigns a zoning classification of R-2 single-family medium density district to the 7th Supplement to Skyline Heights Addition upon annexation to the City. The project consists of 34 single-family residential lots between 9th Street NE and the television facilities of KFBB and was presently zoned in the County as "A" Agricultural District.

The Planning Board, at the conclusion of a public hearing held June 28, 2005, recommended the City Commission assign the requested zoning classification.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission accept Ordinance 2924 on first reading and set a public hearing for October 18, 2005, to consider adoption of Ordinance 2924.

Motion carried 4-0.

Consent Agenda.
Approved as printed minus Item 12.

CONSENT AGENDA

5.
Minutes, September 6, 2005, Commission meeting.
6.
Total Expenditures of $904,641 for the period of August 31 through September 7, 2005, to include claims over $5,000 in the amount of $715,328. [ Staff Report 6 ]
7.
Contracts list. [ Staff Report 7 ]
8.
Set public hearing for October 4, 2005, on Resolution 9514, Cost Recovery at 1410 3rd Avenue SW which is legally described as Community Hall Addition, Blocks 11, Lots 1 and 2. [ Staff Report 8 ] [ Res. 9514 ]
9.
Set public hearing for October 4, 2005, on Resolution 9516, Cost Recovery at 2304 8th Avenue North which is legally described as GF 11th Addition, Block 113, Lot 2. [ Staff Report 9 ] [ Res. 9516 ]
10.
Approved a Final Payment for the 2005 CDBG Sidewalk Replacement Project, to Kuglin Construction in the amount of $2,445.06 and the State Miscellaneous Tax Division in the amount of $24.70. (OF 1424.2) [ Staff Report 10 ]
11.
Approved a Final Payment for the 2003 CDBG Infrastructure Improvements, 7th Avenue NW Reconstruction project to Great Falls Sand and Gravel in the amount of $7,977.15 and the State Miscellaneous Tax Division in the amount of $80.58. (OF 1378) [ Staff Report 11 ]
12.
Approved a Final Payment for the Tribune Water Main Replacement Project to Apple Valley Backhoe in the amount of $20,942.81 and the State Miscellaneous Tax Division in the amount of $211.54. (OF 1396.1). [ Staff Report 12 ]
13.
Approved a Final Payment to the Skyline Park/West Ridge Storm Drain Phase 2 project, to M&D Construction and Excavation in the amount of $2,476.07 and the State Miscellaneous Tax Division in the amount of $24.72. (OF 1364.1). [ Staff Report 13 ]
14.
Awarded a contract to Dave Kuglin Construction, for the Sludge Basin Rehabilitation Project Phase 1 in the amount of $194,200. (OF 1332.5). [ Staff Report 14 ]
15.
Awarded the purchase of a new eServer I5 model 520 to Integrated Information Solutions in the amount of $85,596. [ Staff Report 15 ]
16.
Approved a memorandum of understanding with the State of Montana Department of Commerce to reinstitute and co-sponsor the Made in Montana Trade Show for the spring of 2006. [ Staff Report 16 ]
17.
Approved a labor agreement with the International Association of Fire Fighters Local 8. [ Staff Report 17 ]

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

Motion carried 4-0.

BOARDS AND COMMISSIONS

Res. 9515 updated from Civic Center Advisory Board.
18.
Bob Kampfer, representative of the Civic Center Advisory Board, stated that at the last City Commission meeting the Commission adopted Resolution 9515 which combined two fees relating to the use of the Mansfield Theater with the understanding that the Civic Center Advisory Board supported this change. He explained that there was some confusion on the Board regarding this recommendation and that the Board would be revisiting these fees at their next couple of meetings. He also stated that it was brought to his attention that some of the Civic Center users were unaware of the intent to modify some of the fees and that the Board was going to ensure that the users were aware of the proposed discussions on the fee schedules. Assistant City Manager Cheryl Patton stated that until the Commission hears back from the Civic Center Advisory Board, the fees outlined in Resolution 9515 would not be implemented.

NEIGHBORHOOD COUNCILS

NC1, sidewalks on Fox Farm Road near Meadowlark School.
19A.

Lynn Steinmetz, Neighborhood Council 1, stated that she was accompanied to this meeting with other mothers of Meadowlark Elementary School children and that they wanted to present a petition to the City Commission requesting that sidewalks be installed on the east side of Fox Farm Road near Meadowlark School. Ms. Steinmetz asked Char O'Dell to come forward and present the petition. Ms. O'Dell explained that this sidewalk project had been talked about for many years and that it was time to get it done. She explained she understood the project was slated to be completed in 2007, but urged the Commission to get it done sooner. She expressed concern for the safety of the children going to school each day.

Mayor Gray asked for a staff response. Mr. Rearden stated that this was a Montana Department of Transportation (MDOT) project and that City staff had requested MDOT to move the project higher on the priority list. Mr. Rearden reported that in September 2005, City staff met with MDOT and learned that this project was now slated to be bid in February or March 2006, which implied that the construction could be done the summer of 2006. He added that this project was best completed when school was not in session in order to minimize conflicts between the construction work and school children. Mr. Rearden closed stating that City staff had been trying to get this project accelerated and it would be helpful if the neighborhood could assist with their efforts.

Mr. Rangel added that he wanted to thank Neighborhood Council 1 and Ms. O'Dell for contacting staff prior to this meeting. He stated that staff was making every effort to move this project forward and that he would send a copy of the petition to MDOT.

Mayor Gray suggested that the City also send a copy of the petition to Deb Kottel who was a Highway Commissioner from Great Falls. Mr. Rangel stated he would.

NC 7 Downtowner Parking issues.
19B.

Dona Stebbins, Neighborhood Council 7, explained that she visited with Eve Heim Hagen (100 Central Avenue) about the safety for residents in the Downtowner who parked their cars in a lot about half a block away from the building. Ms. Stebbins stated that she also visited with the downtown police officer regarding the concerns brought forth by Ms. Heim Hagen. Ms. Stebbins presented a petition to the City Commission stating that Lot 7 was a City lot used by Downtowner residents; that Lot 7 was unsafe and vehicles have been vandalized and a car was stolen when it was parked there last May; that the lighting was poor; that it was not patrolled on a regular basis; and that the distance away from the Downtowner was not safe at night.

The petition also expressed a desire for the Commission to allow Downtowner residents to use the parking lot directly south of the building rather than requiring them to use a lot half-way down the alley.

Ms. Heim Hagen stated that the night after her car was stolen she received a call from the Police Department stating they had found it and would she come to pick it up. She said that when she arrived at the location where her car was found, the police officer was rude to her. She also reported that recently several cars were vandalized in Lot 7. She expressed concern that there were not enough police officers downtown and that it was an unsafe place to live.

Commissioner Beecher asked Chief Jones to respond to Ms Heim Hagen's concerns. Chief Jones stated that he would visit with Ms. Heim Hagen as well as research the incidents described and report back to the City Commission shortly.

NC 7, Heren Park.
19C.

George Littlefield, Neighborhood Council 7, reported that fundraising efforts for Heren Park improvements have been very successful and that the park improvements were continuing. He also thanked those who helped organize the Meth-Free-Right-Here and the Weed and Seed Programs.

CITY MANAGER

City project management report.
20.

Assistant City Manager Patton reported that at the last Commission meeting a citizen expressed his opinion that the City consistently experienced cost overruns on its projects. Ms. Patton explained that while the goal of the City was to keep projects within budget, occasionally staff determined that a project should be expanded. While these decisions appear to look like a cost overrun, the end result was intentional and beneficial. Ms. Patton asked Public Works Director Rearden to report on construction project costs.

Mr. Rearden reported that over the past 7 years, the Engineering Division managed over 222 projects with a total initial contract amount of $61,614,589. The final contract amount equaled $61,595,561 or $19,028 under the initial amount. This equates to -.03 percent project cost growth while the industry standard was 3 to 5 percent.

The conclusion that could be reached with this information, Mr. Rearden stated, was that the City manages its construction projects quite well. Mr. Rearden added that the Golf Course project that was mentioned in the comments at the last meeting were not included in this analysis because the project was not managed by the Engineering Division. However, he assured the Commission, if it had been, the numbers presented would change only slightly.

PETITIONS AND COMMUNICATIONS

Road Improvement requests.
22A.
Clayton M. Braden, 2708 4th Avenue NW, asked that the intersection at 26th and 10th Avenue South be widened and smoothed out and that a pothole be repaired at the intersection at 17th and Central Avenue West. Mr. Braden also expressed concern about shrubbery in the right-of-ways that block the driver's vision.
Right to Vote and Weissman pollution.
22B.
John Hubbard read a poem about portraying the sacrifices our military make to ensure that all American citizens have a right to vote and to have free speech. He also stated he was upset about the pollution caused by Weissman's.

ADJOURNMENT

Adjourn
There being no further business to come before the Commission, the regular meeting of September 20, 2005, adjourned at 8:17 p.m.

Mayor Randy Gray

Peggy J. Bourne City Clerk

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


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