JOURNAL OF COMMISSION
PROCEEDINGS
November 17, 2009

Regular City Commission Meeting
Mayor Stebbins presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL:City Commissioners present: Dona R. Stebbins, Bill Bronson, John Rosenbaum and Bill Beecher. Also present were the City Manager, Assistant City Manager, Acting City Attorney, Directors of Community Development, Fiscal Services, Park and Recreation, Planning and Public Works, the Administrative Library Assistant, Fire Chief, Police Chief, and the City Clerk.

NEIGHBORHOOD COUNCILS

NC 8.

1. Karen Grove, Chair NC 8, invited everyone to attend their joint neighborhood council meeting with NC 4 at the Pre-Release Center on Thursday, November 19, 2009, at 6:30 p.m., for a one hour presentation on neighborhood resources in times of emergency mapping.

PUBLIC HEARINGS

OLD BUSINESS

MOU – City/ULRR Water & Sewer District 3. Approved. OF 1354.3.
2.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND UPPER/LOWER RIVER ROAD WATER AND SEWER DISTRICT FOR SERVICE DISTRICT #3.

Planning Director Michael Haynes reported that, after a majority of property owners voted in favor on November 3, 2009, the Upper/Lower River Road Water and Sewer Service District is prepared to move forward with installation of water and sewer infrastructure for Service District #3, which comprises 34 single family homes. The District and the property owners in Service District #3 will be responsible for paying the cost of the water and sewer infrastructure which is estimated to cost $1,378,000.

The MOU sets forth conditions for properties in Service District #3 to connect to City water and sewer and for the subsequent annexation of the 34 homes into the City.

Mr. Haynes noted that this MOU is consistent with MOUs for Service Districts #1 and #2, approved by City Commission on November 3, 2004, and January 16, 2007, respectively. Approval was followed by annexation of 196 parcels (115 + 81).

Each MOU is followed by an inter-local agreement that addresses specific implementation procedures.

Mr. Hayes requested that the City Commission approve the MOU for Service District #3 and authorize the City Manager to execute the agreement.

Board President of the Upper/Lower River Road Water and Sewer District, John Stephenson-Love, reported that the process began eight years ago due to severe problems with water pollution. He explained the history of Districts 1 and 2, annexations of said districts, and funding sources. He also provided an overview of funding sources and a projected timeframe for District 3. The balance of the City contributed CDBG funds will be expended during phase 4 of the project. As a result of the completion of new water and sewer lines, there has been significant development in the area since 2006. Mr. Stephenson-Love thanked the City for its assistance with this project.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Memorandum of Understanding between the City and Upper/Lower River Road Water and Sewer District for Service District #3 and authorize the City Manager to execute the agreement.

Mayor Stebbins asked if there was any discussion amongst the Commissioners.

Commissioner Rosenbaum commented that this was a great project for development, growth and increasing the tax base.

Mayor Stebbins thanked Mr. Stephenson-Love for his years of hard work on this project.

Mayor Stebbins asked if there were any inquiries from the public. No one responded.

Motion carried 4-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Consent Agenda. Approved.

CONSENT AGENDA

3.
Minutes, November 3, 2009, Commission meeting. [ 11/3/2009 Minutes ]
4.
Total expenditures of $1,989,807 for the period of October 26 through November 10, 2009, to include claims over $5,000, in the amount of $1,831,934. [ Staff Report 4 ]
5.
Contracts list. [ Staff Report 5 ]
6.
Lien release list.[ Staff Report 6 ]
7.
Set public hearing for December 1, 2009, for consideration of the sale of the Salvation Army Addition park property. [ Staff Report 7 ]
8.
Accept DOE Energy Efficiency & Conservation Block Grant award in the amount of $570,100. [ Staff Report 8 ]
9.
Approve final payment in the amount of $4,593.63 to United Materials of Great Falls and the State Miscellaneous Tax Division for Central Avenue – 7th to 9th Street Mill and Overlay. OF 1573.2 [ Staff Report 9 ]

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

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Mayor Stebbins asked if there were any inquiries from the public.

Ron Gessaman, 1006 36th Avenue NE. With regard to Item 4, Mr. Gessaman referred to the payment to Burns & McDonnell and commented that their report was overdue. City Manager Doyon responded that the payment was a partial payment for the services rendered. Their report is substantially complete. Burns & McDonnell have been provided with information throughout this process and are working on that to provide recommendations and insight. Mr. Doyon reported that he gave them an extension, but it will not result in additional cost to the City. He did note that two trips to Great Falls were allocated which Burns & McDonnell have already used for their initial conversations with staff and customers of ECP, and the public meeting. Depending on how the Commission wants the report presented, there may be an additional trip expense. Mr. Doyon anticipated having the report by the end of the month.

Mr. Gessaman asked for an explanation regarding the payment to MMIA for general liability deductible recoveries. Fiscal Services Director Coleen Balzarini explained that the entire payment is made when claims are processed through MMIA. The deductible amount that the City is responsible for is paid to MMIA.

With regard to Item 7, Mr. Gessaman discussed appraisal values and his perception that the City didn’t get “top dollar” for the sale of a parcel by the Civic Center in August compared to the sale of the Salvation Army property. He inquired about the determination that there were no potential bidders because of the length of the lease between the City and the Salvation Army. Park and Recreation Director Marty Basta responded that when the lease expired in July, the Salvation Army expressed interest in purchasing property. The Park Board supported extending the lease pending finalization of the terms of the sale.

With regard to Item 8, Mr. Gessaman assumed there were warranties and inquired why a project on the list was to replace 19 fogged window panes in the City/County Health Building. Commissioner Rosenbaum responded that normally a warranty on commercial construction is one year.

Motion carried 4-0.

BOARDS & COMMISSIONS

10.
MISCELLANEOUS REPORTS AND ANNOUNCEMENTS.

CITY MANAGER

11.
MISCELLANEOUS REPORTS AND ANNOUNCEMENTS.

City Manager Gregory T. Doyon thanked the Commissioners for their patience while he was absent the last two meetings due to a death in the family and attending an OEA conference. He reported that he received notice from Mike Rattray that he will be retiring effective the end of December. Mr. Doyon expressed appreciation for Mike’s services. Mr. Doyon also presented Assistant City Manager Cheryl Patton with an ICMA award recognizing her for 30 years of public service.

PETITIONS AND COMMUNICATIONS

12.
MISCELLANEOUS REPORTS AND ANNOUNCEMENTS.

Mayor Stebbins opened the meeting to Petitions and Communications.

12A. Ron Gessaman, 1006 36th Avenue NE, suggested that the City take adequate steps to rectify the drainage problem on River Drive South near the Wave Rider. He also discussed a November 15th Tribune article regarding preparation of a list of City park property. Before a list becomes final, Mr. Gessaman suggested meetings with neighborhood councils and a public hearing.

CITY COMMISSION

13.
MISCELLANEOUS REPORTS AND ANNOUNCEMENTS.

Mayor Stebbins thanked Sacajawea Elementary School for their invitation to read to the children. She commented that they were the most well behaved 300+ youngsters that she has ever seen. They were very appreciative and she had a lot of fun.

She also thanked Mr. Rattray for his many years of service, and that he and Ms. Patton deserve high praise.

In response to Mr. Gessaman, Mr. Doyon followed-up that he directed Mr. Basta to prepare a list because there are miscellaneous parcels not on the tax rolls and not being used by the City. He thought it would be appropriate to put a list together for Commission consideration.

ADJOURNMENT

Adjourn.

There being no further business to come before the Commission, Commissioner Bronson moved, seconded by Commissioner Beecher, that the regular meeting of November 17, 2009, be adjourned at 7:35p.m.

Motion carried 4-0.

Mayor Stebbins

City Clerk

Minutes Approved: December 1, 2009

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

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