CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: City Commissioners present: Dona Stebbins, Bill Bronson, Mary Jolley, Bill Beecher and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Fiscal Services, Library, Park and Recreation, Planning, Acting Director of Public Works, the Police Chief, Fire Chief, and City Clerk.
PROCLAMATION: Mayor Stebbins read a proclamation for Fair Housing Month.
Assistant Fiscal Services Director Melissa Kinzler reported that § 7-6-4031, MCA, requires that, unless otherwise provided in state law, a public hearing is required for an overall increase in appropriation authority. Due to unexpected expenditures not anticipated when the fiscal year 2007/2008 budget was adopted, a budget amendment resolution for the general fund is needed to appropriate $316,000 as follows:
Ms. Kinzler stated that the general fund balance (reserve) at the end of fiscal year 2007 was $3,108,412. The general fund balance (reserve) for fiscal year 2008 before the budget amendments is projected to be consistent with the fiscal year 2007 balance, which would leave a projected general fund balance at the end of fiscal year 2008 of $2,792,412.
Mayor Stebbins declared the public hearing open. No one spoke in favor of Resolution 9732. Those speaking in opposition to Resolution 9732 were:
Nancy Blatter, 1709 20th Avenue South, requested a breakdown of the Animal Shelter expenditures in the amount of $171,000. Ms. Kinzler responded that $115,000 was originally budgeted in the general fund. It was a subsidy that was usually paid to the Humane Society. The budget that is required is $270,000 for personal services, $132,000 operating expenditures, and $20,000 for capital outlay expenditures, totaling $422,000. The amount of $115,000 was budgeted, plus anticipated charges for services are $136,000, leaving a reserve needed of $171,000. Ms. Blatter asked what was covered in the personal services of $270,000. Ms. Kinzler responded that amount was for staff - five animal control officers, a manager, two or three temporary office staff and kennel staff.
Susan Kahn, 1708 Alder Drive, inquired if the City was improving its volunteer program at the Animal Shelter. Ms. Kahn stated that Ric Valois (the tree man) has volunteered to get cats out of trees and he has not been contacted. Ms. Kahn stated she was also concerned when a specific breed of dog was taken to the shelter, the animal group was not being contacted. She concluded that she would like to see the Cascade County Humane Society take the shelter back and run it more economically.
Gary Blatter, 1709 20th Avenue South, commented that it seems there is a huge difference in the amount of money the City spent to run the shelter versus the Human Society. Mr. Blatter stated if there is a better and cheaper way of running it, he doesn’t think quality will be a problem.
Kathleen Gessaman, 1006 36th Avenue N.E., welcomed the City Manager, Greg Doyon. Due to Mr. Lewin not being able to attend, Ms. Gessaman read a letter in his behalf.
Ron Gessaman, 1006 36th Avenue N.E., asked why the City is still involved in the Animal Shelter. Mr. Gessaman stated that it was last June when the City took over the animal shelter, and when Mr. Lawton told the Commission it would be for 90 days to six months. Mr. Gessaman stated there is no indication that the City has any desire to give up the Animal Shelter. The initial takeover is now a permanent takeover. Mr. Gessaman suggested if there is a cheaper way to operate the shelter, the City should explore those options. Mr. Gessaman stated his concern about the additional monies for the election budget and stated that these additional monies will be something the City will always be subjected to in the future with the consolidation of the election precincts at the Fairgrounds.
Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.
Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9732.
Mayor Stebbins asked if there was any discussion amongst the Commission.
Commissioner Jolley stated that the election cost was twice as much as anticipated. Assistant City Manager Cheryl Patton stated that the cost was $10,000 more than prior years and staff would plan better in the future. Commissioner Jolley also stated that she agrees that the City is spending more to care for dogs and cats in this city. Ms. Jolley asked Chief Grove if he added the additional Animal Shelter expenses in the next budget. Chief Grove answered that he is still looking at the costs to establish a proper budget to present to the City Manager and Commission. Commissioner Jolley stated that the special examiner for the Animal Shelter has presented her report and made recommendations. The Commission has not spoken about the report yet and Commissioner Jolley hoped there would be a discussion in the future. Commissioner Jolley asked if anticipated charges for services were for licensing and adoption fees and asked if staff felt it was on target. Ms. Kinzler answered that it is where it was anticipated – about $65,000 - $68,000 for actual revenue from animal licenses, impound fees, adoption fees and commission fees.
Commissioner Beecher assured the public that the City has no desire to continue to operate the Animal Shelter forever. As soon as the appropriate officials have the proper perspective as to what is going to be required to run the shelter effectively, there will be organizations sought to run the shelter. The City does not want to be in this business for any longer than it needs to be.
Commissioner Bronson echoed Commissioner Beecher’s comment, and stated his position that the operations of the shelter need to be contracted out to a private, non-profit entity. At this point, in reviewing the information that the fiscal department has put together, Commissioner Bronson said he is becoming persuaded what ultimately may be the true cost of operating that function. At that point, he said the Commission will have a lengthy discussion and a public hearing as to whether or not that expense is appropriate. Commissioner Bronson noted that a lot of that expense for that operation would go down to some extent if people in this community who act irresponsibly with respect to their pets, stop acting irresponsibly.
Commissioner Jolley stated that the last budget amendment public hearing was in 2001. That was seven years and four elections ago. Commissioner Jolley stated she was happy to have a public hearing on the budget amendment.
Motion carried 5-0.
CDBG Administrator Chris Imhoff stated this year’s grant allocation process began November 12, 2007, and continued through February 15, 2008. A total of 28 applications for CDBG and three applications for HOME were received. The Community Development Council met three evenings in late February to hear presentations from CDBG, Public Service, Housing, Economic Development and Public Facility applicants. The council met a fourth time to work through the allocation process and prepare recommendations. Staff prepared the funding recommendation for the HOME grant. The recommendation is that the Commission accept the proposed use of CDBG and HOME funds for the 2008/2009 program year for inclusion in the annual action plan and set public hearing for April 15, 2008.
Shannon Hoiland stated the council had the opportunity to review both the written grant applications and to hear presentations from each of the grant applicants. The council consists of 10 citizens. The council uses a scoring model to rate each of the projects based on several criteria including the percentage of low to moderate income individuals served. After completing the scoring model, detailed discussions were held amongst the council to determine the appropriate funding recommendation. This year to insure that the funding recommendations met HUD’s minimum requirements for individuals served, a spreadsheet was created to calculate this figure. The percentage of low to moderate individuals served with this year’s recommendations exceeds the minimum set forth by HUD
Commissioner Jolley requested copies of the scoring models for the various recommendations made. Ms. Jolley asked if she heard correctly that the council recommended the Home Investment Partnership Program – the Sandhills Development. Chris Imhoff answered that the recommendation was from staff. Ms. Imhoff stated that this year the CDC did all of the CDBG recommendations.
Dale Schwanke complimented Chris Imhoff and Melanie Lattin. Mr. Schwanke said it was a very difficult, time consuming process and they were very helpful.
Commissioner Beecher moved, seconded by Commissioner Bronson, that the City Commission accept the proposed use of funds for the 2008/2009 CDBG Program and HOME Program for inclusion in the Annual Action Plan and set the public hearing for April 15, 2008, on the Proposed Annual Action Plan.
Mayor Stebbins asked if there was any discussion amongst the Commission. No one responded.
Motion carried 5-0.
Fiscal Services Director Coleen Balzarini reported that Resolution 9734 is to comply with IRS regulations regarding a potential need to incur costs for the seven water distribution projects. Ms. Balzarini stated that the City may incur costs prior to actually getting final financing. This is one of many resolutions to be approved. Each of the listed projects, except for one, was included in the Water Master Plan. Staff intends to submit an application to DNRC regarding financing and she stated that it looks like the City would be able to get funding for the $4 million dollars at 3.75 % for 20 years. Ms. Balzarini reported that the IRS has already done their initial evaluation, and the City has already passed the additional bonds test that exists in the current debt resolution.
Commissioner Bronson moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9734.
Mayor Stebbins asked if there was any discussion amongst the Commission. No one responded.
Motion carried 5-0.
Commissioner Jolley moved, seconded by Commissioner Beecher, to remove Items 7 and 10, and that the City Commission approve the remaining items on the Consent Agenda.
Motion carried 5-0.
Commissioner Jolley stated that Item 7 involves payments to SME. She stated that she votes against payments to SME because they don’t comply with the ordinance that created Electric City Power. Commissioner Jolley asked what the payments to NorthWestern Energy were for. Ms. Balzarini responded that the amount paid to NorthWestern Energy was the cost for distribution. She explained that electricity is delivered through the main transmission lines, and then it comes off the transmission lines to homes. NorthWestern Energy owns those lines. Commissioner Jolley asked if the light poles and street lighting also belonged to NorthWestern Energy. Ms. Balzarini answered that NorthWestern Energy owns about 9,000 of the 9,500 street lights in the City of Great Falls. The City owns about 500, or the State of Montana through the Highway Department owns a part of those. But, NorthWestern Energy owns most of those and the City leases them.
Commissioner Jolley stated that with regard to Item 7, she only opposes the payments to SME.
Mayor Stebbins called for the vote with regard to Item 7.
Motion carried 4-1. (Commissioner Jolley dissenting.)
With regard to Item 10, Commissioner Jolley asked if the CDBG funds were going to be required over the next several years, and asked if they were applied for yet. Community Development Director Mike Rattray responded that, when the project was started with Upper Lower River Road Water and Sewer District, they requested $1 million dollars in block grant funds to be allocated over three different phases. The first phase was completed in 2006 and the amount of $333,000 was allocated. The contract was just awarded for the second phase and $333,000 was allocated for that. Mr. Rattray stated that in 2010 they will be ready for the third and final phase. Commissioner Jolley asked if CDBG funds were used. Mr. Rattray answered that two-thirds of that $1 million dollars was budgeted and approved. He concluded that in the 2009/2010 block grant allocation she will see another request for that allocation. Commissioner Jolley asked if block grant monies were used this year. Mr. Rattray said it was allocated a year ago. They are a year behind for Phase II.
Commissioner Jolley moved, seconded by Commissioners Beecher Bronson, that the City Commission approve Item 10 on the Consent Agenda.
Motion carried 5-0.
Mayor Stebbins stated that this item is a Preliminary Plat of Foxwood Estates. It will approve a Preliminary Plat and accompanying Findings of Fact for Foxwood Estates consisting of 14 proposed single family residential lots located south of Park Garden Road between Park Garden Estates and Park Garden Lane.
Planning Director Ben Rangel added that the City Planning Board unanimously recommends Commission approval. Additionally, in the near future, and as the developer is ready to proceed, Mr. Rangel reported that the Commission will be requested to consider the final plat of the subdivision, its annexation and the assignment of City zoning.
Commissioner Jolley inquired if the flood plain issue was settled to the satisfaction of City staff and planners. Mr. Rangel responded that it is settled to the satisfaction of City staff. He said it was an issue that staff wanted to be certain of its settlement between the developer and the City before it went to the Planning Board.
Commissioner Bronson moved, seconded by Commissioner Beecher, that the City Commission approve the Preliminary Plat of Foxwood Estates and accompanying Findings of Fact subject to the fulfillment of the conditions that were stipulated by the City Planning Advisory Board.
Motion carried 5-0.
Mayor Stebbins stated that this item concerns appointments to the Golf Advisory Board. Park and Recreation Director Marty Basta reported that there was an opening on the Golf Advisory Board. That position was advertised and four applications were received. Steven Vielleux was the recommendation of the Golf Advisory Board. He is recently retired, is an avid golfer, and has attended several Golf Advisory Board meetings and expressed interest in serving on this Board.
Commissioner Jolley moved, seconded by Commissioner Beecher, that the City Commission reappoint Fidelis “Fid” Fitterer as the Men’s League representative and Thom Babinecz as the Malmstrom representative to the Golf Advisory Board for three-year terms through March 31, 2011, and appoint Steven Vielleux as the non-league representative to the Golf Advisory Board for a three-year term through March 31, 2011.
Motion carried 5-0.
City Manager Gregory T. Doyon stated that it was an honor to be here. Mr. Doyon stated that this was a tremendous opportunity. He thanked the Commission for selecting him as their next City Manager. Mr. Doyon also stated that he looks forward to serving the residents of Great Falls. He stated that he looks forward to sitting down with the Commission and working through some goals for him. He asked for their patience as he gets acclimated and learns the ropes. He thanked everyone for the warm reception.
Mayor Stebbins opened the meeting to Petitions and Communications.
19A. John Hubbard,615 7th Avenue South, commented that the power company is asking for another rate hike and that people who are handicapped or on Social Security can’t afford it. Mr. Hubbard stated that the schools are asking for more money that the lottery is supposed to handle. The Great Falls Fire Department is asking for new equipment. The Great Falls Police Department is asking for more policemen. Mr. Hubbard stated no new taxes, no new cops, no new fire equipment, and no raise for the power people. Mr. Hubbard stated that HGS is a bad idea. He suggested tapping into the geothermal pressure at Yellowstone Park before it blows up.
19B. Aart Dolman, 3016 Central Avenue, complimented Commissioner Jolley for asking questions of staff. Mr. Dolman appreciated the letter he received from staff after the last Commission meeting. Mr. Dolman stated he was puzzled by the article in the paper today. He said, as a former police commissioner in Havre, he was asked to institute the open meeting laws there. So, when he read the newspaper today, he said a red flag went up. Mr. Dolman read part of Ms. Balzarini’s response to Montgomery Energy. He said he was not aware of a meeting where the Commission asked Ms. Balzarini to write this letter. Assistant City Manager Cheryl Patton responded that the letter was received on March 5th and was addressed to City Manager John Lawton. She asked Ms. Balzarini, as the most knowledgeable staff person, to prepare a response. Commissioner Jolley stated that she thought the letter should have been sent to the Commission before sending the response. Ms. Patton stated that was the intent, but in the transition that didn’t happen. Commissioner Jolley asked if a letter could be written stating that the City Commission didn’t see this letter before the response was sent. Ms. Patton responded that Ms. Balzarini’s response was correct. Because of the long term power contract with SME, the City did not have the ability to negotiate power deals with other providers. That was the position being conveyed in the letter. The response to Montgomery Energy should come from SME if they are interested, since the All Requirements Contract is with SME until such time as it expires or the City Commission or SME would terminate it. Staff was operating under a policy and contract that was approved by the City Commission.
Commissioner Jolley stated the contract is for power until 2047. Great Falls has a charter form of government and is supposed to follow state law regarding finance. Commissioner Jolley stated one of the state laws is you can’t have a contract for longer than 10 years without competitive bidding. The CAFR has a typo in it that states the power contract is until 2011. Ms. Jolley asked City Attorney if a contract until 2047 is allowed under state law. City Attorney Dave Gliko answered that the City passed an ordinance that allowed the City to supersede state statute and allows a contract to be entered into for an unspecified period. Mr. Gliko stated the City is not bound by that state regulation. Commissioner Jolley stated that, according to the State, the City of Great Falls is bound to the laws that deal with finance, taxation, planning and zoning. Mr. Gliko responded that much is true. But, speaking of the City’s contracting power, under the charter form of government with self-governing powers, the City is free to exercise self governing powers in the area of contracts and terms.
Commissioner Bronson stated that he concurs with Mr. Gliko’s legal analysis.
Mr. Dolman stated the letter to Montgomery Energy should have been signed by the Mayor and not a staff member. He pointed out that it is the Commission’s duty to provide oversight.
19C. Gary Blatter, 1709 20th Avenue South, commented that he received a letter in his mailbox about something important to the Sunnyside area residents. He stated he was shocked that it proposed five houses were going in the area without any improvements. Planning Director Ben Rangel reviewed the letter and stated that he is not aware of this correspondence. He assumed Mr. Blatter was referring to the homes that will be relocated from the location where CVS Pharmacy is being proposed. The houses are being proposed to be relocated to an area a block from Sunnyside School. The lots where the homes are proposed to be located are a unique situation. The northern half of those lots is within the City, and the southern portion of those same lots is within the County. NeighborWorks, who is the recipient of these homes from the CVS Corporation, will be going through steps to amend the plat to the area because the lots are not large enough. Then there will be an annexation for the portions that remain in the County and the City will assign zoning of R-3 to those lots. There were about 11 parcels of land that NeighborWorks was interested in having consolidated under this amended plat, five of which will accept the homes from the CVS area and the others will then be home sites for future homes that NeighborWorks is interested in having built in the area. In terms of improvements, Mr. Rangel said they will be required to install all of the same improvements as any other property being annexed into the City. Mr. Rangel stated that they will, at this point in time as part of the annexation, install curbs and gutters. The sidewalks and roadway improvement itself will be done in time. There is interest in perhaps spreading the cost of that public infrastructure improvement of the roadway to a broader special improvement district so that other residents in the area that will also benefit from improvement of the roadway will contribute towards this cost.
19D. Ron Gessaman, 1006 36th Avenue N.E., commented that the agenda he downloaded on Monday was not the same agenda as tonight. There was nothing on the top of the agenda stating it was revised. It only contained an asterisk that stated items 14 and 15 were corrected. Mr. Gessaman suggested there being a big note at the top stating the agenda had been revised. At the top of the agenda it states that the public has the right to comment. Mr. Gessaman said the public was not asked to comment on any item tonight. In the future, Mr. Gessaman suggested that public comment be asked for on each item on the agenda. On agenda item 12, Mr. Gessaman stated he found it interesting that this item concerned the purchase of a truck for $47,624 that was originally budgeted for $75,680, which is a 40% difference. He asked if this was an indication of poor budgeting and was it one of the reasons the City had to reallocate $313,000 from reserves tonight. Mr. Gessaman commented on Resolution 9537 passed several years ago. He read a portion of the document that referred to a development agreement. He stated that no one can find that development agreement. Mr. Gessaman stated, if this development agreement does not exist, how does the City expect to settle if this plant is not built.
19E. Orrin Loftin, 3805 7th Street N.E., #114, relayed his idea to build an observatory. Mr. Loftin stated this would benefit education, as the students could tour the observatory and spur their imaginations. Contracts would be entered into that would produce revenue. The college geniuses in the state could build and run it. Mr. Loftin said, “We are the state of exploration. We need to take a stake and hammer it in the ground - we will have the Lewis and Clark Observatory.”
19F. Kathleen Gessaman, 1006 36th Avenue N.E., read a portion of the Great Falls Boards and Commissions code of ethics that states local government exists to serve the best interests of the people. Ms. Gessaman stated that tied in with an email she received from Brett Doney that talked about a visioning process for the City of Great Falls, much like Vision 2000 back in the mid-80’s. Ms. Gessaman stated that the common goal was to have a safe and healthy environment for the community. She thought it would be a good time to get together, city and county, to decide where we want to go with the future, and what do we envision for our children and grandchildren.
19G. Ken Thornton, 31 Paradise Lane, commented about the article in the newspaper about the City not looking at the offer from Montgomery Energy. Mr. Thornton pointed out that the City needs to look at the cost of climate control gasses – CO2. In the past six months the investment bankers have decided that any plants that they will lend funds for must have a detailed accounting of how they will handle the CO2 problem. Mr. Thornton stated that SME and this City have never addressed the cost of CO2 in any of their analysis of the financing of this plant. The plant will be here for 30 years and there will be a CO2 cost. Montgomery Energy’s natural gas produces about one-third less CO2 per megawatt. There will be a significant decrease even if the cost of the natural gas is higher. The idea that the City is tied to SME until 2047 is insane. Mr. Thornton urged the Commission to look at the financial aspects of the plant and get out of it as soon as it can.
19H. Carol Fisher, 500 53rd Street South, commented that she was at the meeting when the City Commission approved the $1.4 million dollar security deposit for SME. She found it hard to believe that the various funds were just lying around, and that taking money out of various accounts wouldn’t cause a shortage. Ms. Fisher said now there are budget shortages in some of the various departments in the City. Ms. Fisher believed that was caused by the $1.4 million dollars that was pulled out as a security deposit and given to SME. Ms. Fisher said it also bothered her that there was no contractual agreement to give SME a security deposit.
19I. Susan Kahn, 1708 Alder Drive, commented that she was sad to see the City is losing the downtown Albertson’s store. She said it is a good opportunity for the City to appeal to different businesses that might come into play there. She suggested a Trader Joes. Ms. Kahn also suggested that the volunteers at the Visitor’s Center be given passes to the Electric City Water Park.
19J. Kelly Cyr, 401 Sweetgrass Court, stated that she is starting a fund raiser for battered women, men and children. Ms. Cyr is a full-time advocate and activist for fighting domestic violence. Her first fund raiser is a Great Falls talent show at the Black Eagle Community Center on Saturday. Ms. Cyr stated that she is trying to get a domestic violence movement going. She has lived this life. She wrote a book entitled Supreme Love – a battered woman’s true story. Ms. Cyr stated that there will be four more fund raisers throughout the summer. She will send the grand prize winner to the American Idol tryouts in Missoula.
There being no further business to come before the Commission, Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the regular meeting of April 1, 2008, be adjourned at 8:30 p.m.
Motion carried 5-0.
Mayor Stebbins
City Clerk
* Non-text and electronically unavailable attachments are on file in the City Clerk's Office.
Home => Records => Commission Minutes Listing Page => 2008 Commission Minutes