Mayor Winters swore in John Sturgeon as a representative of Neighborhood Council 3.

Commissioner Jolley moved, seconded by Commissioner Burow, that the City Commission appoint the current City Commissioners (Mayor Winters, Commissioners Jolley, Bronson, Burow and Jones) to replace the five (5) Electric City Power Directors that resigned or were recently removed by the City Commission.

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

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

Richard Liebert, 289 Boston Coulee Road, commended the Commission for taking this bold action, as well as the courage and professionalism of the new City Attorney and the City Clerk’s dedication in terms of the documents the public has been delving into. He also commended the citizens over the past five years who had the courage to speak at Commission meetings. Mr. Liebert offered assistance to the Commission and ECP Board with information or tasks. He also suggested that the capable Fiscal Services Officer help the Commission with executive duties.

Aart Dolman, 3016 Central Avenue, urged the Commission to appoint themselves to the ECP Board. He believes it is important for the community and hopes the new Board will consult with the public.

Ron Gessaman, 1006 36th Avenue NE, commented he was happy with the replacement of the Board members and release of the documents. He compared this appointment to the Airport Authority Board.

John Hubbard, 615 7th Avenue South, commented “bravo.”

Mike Witsoe, 2612 1st Avenue South, congratulated election winners. Mr. Witsoe thanked the Commissioners, and hopes there will now be transparency and an end to ECP losing money.

Motion carried 4-1 (Commissioner Bronson dissenting).

Mayor Winters opened the meeting to Petitions and Communications.

Public Works Director Jim Rearden reported that the proposed rates were presented at the January 19, 2010, Work Session. At the Commission meeting later that evening the Commission amended the proposal and set the public hearing date for February 16, 2010. Public notices were mailed and published. The notices regarding the rates contained an error. At the February 16th meeting, the public hearing was vacated and rescheduled for March 16, 2010. Proper notices have been resent. The proposed new rates would take effect April 1, 2010. Mr. Rearden discussed capital improvement programs, regulatory requirements, debt payments and maintaining adequate reserves. If approved, the average residential utility bill will increase approximately $2.30 per month. Even with the proposed increase, the City of Great Falls has the lowest combined rate of the seven largest cities within the state.

Mayor Winters declared the public hearing open.

Speaking in opposition to Resolution 9874 were:

Charles Henry, 3920 17th Avenue South, discussed the average income of Great Falls residents and the current state of the economy. He urged the Commission to keep the prices down.

Bill Boland, P.O. Box 7273, discussed his dissatisfaction with City staff for the time involved to cut down a tree in his neighborhood last summer and, more recently, a City road grader attempting to bust up ice next to a curb when it was 50 degrees outside. He was perplexed how the City is spending its money and is therefore opposed to any rate increases for any taxpayers. He also expressed that the Mayor should not be discussing his eating habits during Commission meetings.

John Hubbard, 615 7th Avenue South, discussed the recession, his set income and opposition to Resolution 9874.

Ron Gessaman, 1006 36th Avenue NE, requested when the Malting Plant contract comes up for renewal, that it pay the same rate as other commercial users.

Written letters of opposition were received from: Howard Clodfelter, 2121 1st Avenue SW; L. Gebhardt, 513 51st Street South; K. Korell, 1409 1st Avenue North; and Joe Fetta, no address provided.

No one spoke in support of Resolution 9874.

Mayor Winters closed the public hearing.

Commissioner Jolley moved, seconded by Commissioner Jones, that the City Commission adopt Resolution 9874 Establishing Water, Sewer and Storm Drain Utility Service Rates to include increases of 5%, 7.5% and 0% respectively to become effective April 1, 2010.

Motion carried 4-1 (Mayor Winters dissenting).

Senior Transportation Planner Andrew Finch reported that the item before the Commission is a recommendation by the Great Falls Planning Board to concur with the South Arterial Alignment Study conclusions and recommendations, and endorse moving to the next steps in the process, which includes a financial analysis, formal environmental study and a more detailed design. Mr. Finch provided background information regarding the project from 1994 to the present. The Policy Coordinating Committee (PCC) will consider the alignment study conclusions and recommendations following City Commission action, and will determine future direction and action on the project.

Commission Burow commented that, if the Commission moves ahead with the recommendation, it will still be years before seeing results. Mr. Finch responded that the environmental process could take many years to complete. It was the hope that the pre-environmental process would focus the community to come up with one or more preferred alignments. The study proposes the red alignment.

Commissioner Bronson moved, seconded by Commissioner Jones, that the City Commission not concur in the South Arterial alignment study conclusions and recommendations to the extent of the recommended red alignment and, in the alternative, that this Commission endorse an alternative alignment for further study which he has nominated green alternative 1 and, based on that alternative alignment, endorse moving to the next step in the transportation planning process.

Commissioner Bronson commended everyone that has worked on this project throughout the last several years. He explained that his alternative motion was to propose an alternative concept that he thinks is worth further investigation before any final decisions are made. He does not believe the Commission should concur in the red alignment as it has been proposed, but to consider his “green alternative.” He described the green alternative route that he is suggesting as not being exactly the same as the green alignment depicted in the alignment options. But it is a route that would travel easterly along Fox Farm Road, roughly corresponding to the red and green alignments as they appear. There would be bridge access across the Missouri River. Under this alternative, the bridge and the route would run south of the current residential developments that are along and above 40th Street South, typically referred to as the Pearson Addition and the Prairie Ridge Estates areas. In his suggested alignment, the route would ultimately intersect with 40th Street or the Gibson Flats Road east of the current residential developments, and then traverse easterly and eventually northeasterly to the intersection of 57th Street. Commissioner Bronson’s vision of this, contrary to what has been recommended, is, at most, a 50 mph roadway with the idea that in some areas it might be even slower. His concept is that there will be no commercial construction or development allowed along this pathway with the possible exception of small light commercial at the controlled access points – 13th and 26th Streets. He also suggested that, to the maximum extent feasible, existing rights-of-way should be utilized. He also envisions bike trails, trees, shrubbery and signage.

Commissioner Bronson explained further that the reason he proposed this alternative was due to the fact that there has been a significant amount of residential development south along Fox Farm Road. He doubts those subdivisions will ever be annexed to the City of Great Falls. There are a lot of people that live out there that work in the City of Great Falls and utilize City services and streets. As time goes on his concern is that there will be significant congestion and public safety problems if there is not an alternative access for those people to get into the City of Great Falls.

He continued that there is an opportunity tonight to start a process as a community to think about what this broader, urban community will look like 10 to 30 years from now.

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

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

Gene Thayer, 220 40th Avenue South, inquired and was informed by Commissioner Bronson that the bridge in his proposal would cross the Missouri River close to the marina. Mr. Thayer liked that idea better than what the study shows. Mr. Thayer discussed several flaws in the study and doesn’t believe it has any credibility. Mr. Thayer suggested that the best solution would be for the City and County governments and interested parties to figure out the best route with the least amount of impact on homeowners. Then, when monies become available, buy and establish the rights-of-way.

Brett Doney, Great Falls Development Authority, residing at 3048 Delmar Drive, clarified that the Great Falls Development Authority does not have a position regarding the study. The Great Falls Area Chamber of Commerce also voted to not take a position on this study.

Kelly Parks, 525 40th Avenue South, disagreed with the study and opposed the route because it crosses her property. There is historical significance to the area as it is recognized as one of 11 most endangered historical sites by the National Land Preservation Trust. She doesn’t believe the map accurately reflects that area. The study is outdated. She suggested a new study be conducted showing the current residences and subdivisions.

Kerry Gray, 2201 47th Avenue SW, stated that he is a highway contractor and jokingly commented that no one likes building roads better than he does. He suggested that the original feasibility study be looked at between the northern and southern arterial routes. There are huge flaws in the study. One problem is it left out Gore Hill and Emerson Junction interchanges. The study was also done before Exit 0, which now almost has as much traffic coming from the south area as Fox Farm Road does. According to the Highway Department, the money could be used to do an alignment study both ways. It is a bad project based on bad information. He suggested starting the north-south alignment study over.

Ray Robinson, 185 Highwood Drive, commented in the past 12 years he has seen the traffic quadruple from the City limits out to this area. Mr. Robinson discussed access from Gore Hill and safety issues in emergency situations. He discussed several roads and places to cross the river. He disagrees with comments made that truckers won’t use the Gore Hill truck route. He suggested that a route be figured out to stop congestion.

Jeff Ward, Hallmark Homes, residing at 4505 12th Avenue South, commented that he is a builder working on the Prairie View development. He expressed opposition to the proposed route and bridge location, and discussed wildlife and environmental issues. He also stated opposition based on fiscal responsibility and maintenance of the road when it is completed. Mr. Ward noted that he left the last Planning Board meeting with the understanding that the Board didn’t have enough information to make a recommendation, but didn’t want to stop it, so the Board was going to leave it up to the City Commission. He also noted when he left the meeting at 5:30 it took him 9½ minutes to get home. He asked where the projected growth for Great Falls was going to come from to support this.

Robin Baker, 1518 11th Avenue South, discussed a conversation she had with County Commissioner Salina and comments made by County Commissioner Beltrone. She thinks truckers as well as cars will use the new route. She believes this is a prime opportunity to address the issue and a great chance to make a long range future plan because Great Falls is growing. Ms. Baker encouraged the Commission to endorse moving ahead with this action knowing that a final route is not part of the final action to keep the process going for future land development.

Tom Robataille, 5181 Fox Farm Road, encouraged the Commission to support Commissioner Bronson’s suggestion and that more study be given to where the route should be. All people affected have concerns.

Roland Leitheiser, 136 Sharon Drive, concurred with Commissioner Bronson. He commented that Upper River Road and 13th Street cannot handle 8,000 to 10,000 vehicles, and a study will have to be part of the project if it moves forward.

Richard Liebert, 389 Boston Coulee Road, concurred with the County Commission’s vote not to move ahead, but commended Commissioner Bronson’s thoughtful and innovative approach. He concluded that he would like to see the federal money used for public transportation and to repair potholes. The green route proposed by Commissioner Bronson bears some more study.

John Hubbard, 615 7th Avenue South, noted that these trucks are bringing services to this town. If federal money is available, he suggested fixing the potholes.

Ron Gessaman, 1006 36th Avenue NE, commented that he didn’t appreciate the City Planning Board passing this matter on to the City Commission.

Phyllis Hemstad, 931 1st Avenue NW, noted that when she was on the Planning Board there was a proposed Northwest Bypass being discussed, but there wasn’t money at that time. She doesn’t know why that route wouldn’t be feasible because the industrial parks are located in the area.

Mike Witsoe, 2612 1st Avenue South, recommended the Commission table this matter. He suggested consideration be given to the northern route. Mr. Witsoe concluded that the City Commission should vote no, since most of the road is in the County and the County voted no.

In response to comments made, Commissioner Bronson clarified that when the feasibility study was done seven or eight years ago, it was done in full compliance with Federal Highway Administration standards. At that time, a north arterial did not pencil out. There is nothing that prevents the community from addressing another north arterial study. He reminded everyone that a north arterial would be primarily designed to serve commercial and economic interests. Any north arterial, if it has to cross the Missouri River to the north, would include a bridge that would span a huge amount of territory and would probably be too costly. He also asked people to bear in mind that there is residential development going on south of Fox Farm and those people will need a better access route to the commercial areas of 10th Avenue South as well as the medical corridor.

Kerry Gray, 2201 47th Avenue SW, commented that he has the study, and a north bridge would be about 100 feet longer than a south bridge.

Written letters of opposition to the proposed South Arterial were received from: George Gallagher, 4701 Willowdale Lane; Dave and Margie Maloney, 704 Grizzly Drive; Clarence and Allyce Overfelt, 4970 Lower River Road; Ron Elkin, 2412 47th Avenue SW; Margaret Gangner, 4605 Willowdale Lane; Daniel Rice, 1901 Benefis Court; Dale and Jeanne Pugh, Ten Riverwood Lane; Fred Olds, 35 Comanche Trail; Mike and Rita Linskey, 2315 12th Street South; and Kelly Parks, 525 50th Avenue South.

One letter in support of the proposed South Arterial was received from Russell Myers, 1722 28th Avenue South.

Motion carried 3-1 (Commissioner Jolley dissenting; Mayor Winters abstaining).

Mayor Winters noted that he doesn’t know enough about the matter to make an informed decision.

Mayor Winters called for a short recess at 9:30 p.m. The meeting reconvened at 9:35 p.m.

Park and Recreation Director Marty Basta reported that the Commission is being asked to approve or deny the payment in the amount of $150,000 to the Great Falls Tennis Association (GFTA) from the Park Trust Fund. GFTA is interested in partnering with local, public and private entities to reinvest in public tennis courts. Specifically, resurfacing the eight existing City courts at the CMR facility and reconstruction of the Hurd tennis courts at Elk’s Riverside Park. The GFTA offered to pay 50% of the cost of improvements through fund raising efforts if the City would pay a like amount. The GFTA also committed to further fundraising efforts to pay for ongoing maintenance of the CMR and Hurd tennis courts as part of their proposal. The Park and Recreation Advisory Board recommended approval of the GFTA request for $150,000 from the Park Trust Fund for the project contingent on GFTA raising the matching $150,000 required to complete the project. Since that time, the Great Falls School District approved an expenditure of $150,000 as a match to City funds for the project.

Commissioner Burow moved, seconded by Commissioner Bronson, the City Commission approve the payment in the amount of $150,000 to the Great Falls Tennis Association from the Park Trust Fund.

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

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

Fred Anderson, Principal, Great Falls High School, 1609 39th Street South, spoke in support of the payment to the GFTA. He pointed out that 44% of the students at Great Falls High qualify for free or reduced lunch and discussed issues of priority being student needs and the current challenge of access for those students to the courts. He noted that tennis is not just a high school sport. It is a wellness issue that goes well beyond high school age community members. He also pointed out the economic impact the courts will create for Great Falls.

Principal Anderson introduced four student tennis players, Ellie Crum and Karch Lockerby from Great Falls High School, and Alex Martinez and Shelby Frieling from CM Russell High School. They all spoke in support and discussed their competitive disadvantage due to lack of availability of tennis courts to practice, the unsafe condition of the courts due to deteriorating surfaces, tennis being a great family activity and lifelong sport, as well as the benefits of hosting tournaments.

Jim Wilder, 2000 Centennial Drive, commented that tennis is a family, lifelong sport.

Ron Gessaman, 1006 36th Avenue NE, thought it appropriate that the GFTA pay more for annual maintenance since the capital costs are being provided for by governmental bodies.

Dave Crum, 3324 13th Avenue South, representing the Great Falls Tennis Association, pointed out that the $300,000 will resurface the courts at CMR and will build four courts at the Elks Riverside Park location. The GFTA is in the process of raising $250,000 to add four more courts at the Hurd-Elk’s Riverside Park location. The GFTA, School District, along with the City and other partners, will be contributing annually towards maintenance funds.

Motion carried 5-0.

Fire Marshal Doug Bennyhoff reported that in 2008 the City of Great Falls adopted the 2006 International Fire Code to maintain a parallel effort of code enforcement with the building department. Staff is recommending adoption of the 2009 International Fire Code as it is a companion code of the 2009 International Building Code currently used by the building officials and creates a seamless working relationship. He explained that, essentially, a building is built with the applicable building codes and governed throughout its lifespan by the fire codes. Staff believes it is in the best interest of the community to keep the fire code current with the building code. Mr. Bennyhoff recommended that the Commission accept Ordinance 3048 on first reading and set final reading for April 6, 2010.

Commissioner Jolley moved, seconded by Commissioner Bronson, that the City Commission accept Ordinance 3048 on first reading and set final reading for April 6, 2010.

Mayor Winters asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Public Works Director Jim Rearden reported that the sewer ordinance has not been updated since 1985. In the ensuing 25 years, the Environmental Protection Agency (EPA) has made numerous updates and changes to the Code of Federal Regulations which affects the City’s sewer ordinance. An audit of the Industrial Pretreatment Program in 2008 by the Environmental Protection Agency requires the City to update its sewer ordinance to align and comply with updates and changes to the Code of Federal Regulations. Through a detailed process, including a consultant, the EPA Region 8 Office, City Attorney’s Office and City Clerk, the ordinance has been rewritten.

The EPA’s protocol for updating a municipality’s legal authority recommends first reading before the City Commission, and then the EPA formally approves the ordinance and submits a legal notice in the newspaper for a 30 day comment period. After the 30 day comment period, the ordinance will be submitted to the Commission for second reading.

Staff recommends that the Commission accept Ordinance 3050 on first reading, and set final reading for May 18, 2010.

Commissioner Bronson moved, seconded by Commissioners Jolley and Jones, that the City Commission accept Ordinance 3050 on first reading and set final reading for May 18, 2010.

Mayor Winters asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

City Manager Gregory T. Doyon reported that he will be providing a detailed written report on his recent trip to Washington D.C. He and other members of the community met with the congressional delegation and discussed special appropriation requests. He also visited the Pentagon. The parties discussed community issues such as the accreditation issue with the levies and other military affairs. Senator Tester was here last Friday for a follow up discussion on the levy issue. Mr. Doyon believes the magnitude of the issues with certifying the levies is sinking in. Two senators have introduced legislation that will help clarify that the Army Corps of Engineers can, in fact, do certifications. They have formed a coalition with other senators to try to push the issue with the Army Corps and FEMA. Mr. Doyon also looks forward to working with the Commission on how to approach the issues with Southern. He mentioned he received a memo from Southern a couple of years ago that describes what the City can and cannot talk about and would share that with the Board.

Commissioners Burow and Bronson volunteered to serve on the Great Falls Citizen’s Council.

Mayor Winters commended Chief Grove and thanked the police officer for attending the Commission meetings.

There being no further business to come before the Commission, Mayor Winters adjourned the regular meeting of March 16, 2010, at 10:15 p.m.

Minutes Approved: April 6, 2010