JOURNAL OF COMMISSION PROCEEDINGS
February 21, 1995

Regular City Commission Meeting

Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Finance, Park & Recreation, Fairgrounds, Personnel, Acting Planning Director, Acting Fire Chief, Police Chief, and the City Clerk.

The Cascade County Commission requested to extend the deadline for installation of landscaping for Cascade County Youth Services Center until September 30, 1996 stating the proposed 26th Street South SID project posed a conflict for installation of landscaping. In addition, the letter from the County Commission expressed their intent to fund the landscaping at the center utilizing future CTEP funding.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission extend the deadline for landscaping the public right-of-way at the Cascade County Youth Services Center until September 30, 1996 due to the 26th Street South SID.

Commissioner Bennett stated that although she seconded the motion, she did have some concerns. She added that she checked with one of the nurseries and found that it would only cost approximately $230.00 to purchase enough junipers to landscape the foundation area of the juvenile detention center. Commissioner Bennett suggested that the City Commission contribute these trees as a gift. She concluded that the City Commission promised the neighbors that the County would comply with the landscaping requirements as stipulated in the annexation agreement.

Commissioner Deming stated that although he made the motion, the annexation agreement was clear in that the County Commission was to budget for the landscaping costs in their FY 1993/94 budget and if the extension was granted, the surrounding neighbors would have to wait another two years before the landscaping was completed.

Commissioner Everson stated that the public has been waiting since the completion of the center for the landscaping. She requested Staff to provide an estimate of how much it would cost to complete the landscaping and to work with the County in order to get the landscaping completed.

Commissioner Deming stated he would withdraw his motion if Commissioner Bennett would withdraw the second. Commissioner Bennett withdrew the second. The motion, therefore, was withdrawn.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission deny the request by Cascade County to extend the deadline for installation of landscaping requirements for Cascade County Youth Services Center until September 30, 1996.

Commissioner Everson stated she would like to amend the motion to convey to the County Commission that the City Commission is willing to work with them and wants to create a win-win situation for everyone.

Commissioner Gilbert stated that the Commission could do that through discussion rather than amending the motion. Commissioner Gilbert reminded the Commission that annexation and rezoning of the site where the juvenile detention center is located was very controversial and he feels an obligation to the neighborhood to make the site as attractive as possible. He added that the County needs to be creative in planning the landscaping and if costs are a factor, then explore alternatives that could reduce costs. Commissioner Gilbert suggested using garden clubs or the Pre-Release center for additional labor. Commissioner Gilbert added that the County Commission should live up to their end of the bargain.

Commissioner Deming added that the City Commission needs to be consistent when enforcing the stipulations in annexation agreements.

Mayor Morris suggested the County Commission explore the Americorp program to assist with the landscaping requirements. Mayor Morris also clarified that the motion would not need an amendment because the intent of the City Commission is to not approve the requested extension for the County to meet the landscaping requirements and for the City to work with the County to assist them in meeting the present deadline.

Motion carried 5-0.

ORDINANCES/RESOLUTIONS

Ordinance 2680, if adopted, amends Title 13, Chapter 20 OCCGF to update the limits on industrial pollutants discharged to the City's wastewater collection system. The proposed discharge levels were developed to meet the standards required by the Environmental Protection Agency.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2680 on first reading.

Motion carried 5-0.

Businesses involved with the distribution of oxygen for medical purposes are becoming more prevalent in the community. The existing Zoning Code does not permit such businesses in the "LB" Local Business District. Businesses manufacturing or storing gas products up to 10,000 cu. ft. in volume are permitted with the "GC" General Commercial District.

The Community Development and Fire Departments did not oppose the proposed zoning amendment with the following limitations:

• Storage shall not exceed 10,000 cubic feet at any given time;
• No petroleum or petroleum by-products may be stored on the premises;
• Storage not to be permitted where the public would congregate.

Any such business involving gas storage is closely monitored and subject to inspection several times a year.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2681 on first reading and set 7:00 p.m., March 21, 1995, as the date for the public hearing and final reading.

Motion carried 5-0.

Resolution 8493 initiates the creation of SID 1269 for roadway, sanitary sewer, storm drainage, and water utility improvements in 26th Street South between 10th Avenue South and the south City limits and along 11th Avenue South between 26th Street South and 29th Street South. The total cost of the proposed improvements is $2,163,786. Proposed funding sources are: City Street fund, storm drain fund, water and sanitary sewer funds, Montana Department of Transportation funds, Federal Aid Urban funds, and the SID. The property owners are expected to pay $858,000 through the SID.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8493 and set the Public Hearing for 7:00 p.m., March 21, 1995.

Motion carried 5-0.

The property owner is remodeling the commercial building at 100 River Drive North, commonly referred to as the Milwaukee Depot. The building permit was issued February 6, 1995 and the project is expected to cost $700,000. The applicant requested approval of the tax benefits and Resolution 8711 was drafted to comply with that request.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8711.

Motion carried 5-0.

Resolution 8712 sets a public hearing for March 21, 1995 to consider the annexation of a 1.777 acre tract of land along the east side of 29th Street South, immediately north of 15th Avenue South. A parking lot was constructed on the property requested to be annexed and fulfills the off-street parking requirements resulting from the expansion of the Great Falls Clinic.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8712.

Motion carried 5-0.

The final plat and PUD plans for Riverside Townehomes Addition consist of 12 lots, each to accommodate a townhouse unit. Resolution 8713 annexes the addition into the City and the accompanying annexation agreement outlines the terms and conditions of the annexation and plat approval.

The City-County Planning Board recommended approval of the final plat and PUD plans for the Riverside Townehomes Addition subject to the developer:

1. Executing the annexation agreement containing provisions acceptable to review officials and submitting the appropriate supporting documents;
2. Paying all applicable fees due as a consequence of either plat or annexation approval;
3. Allowing a Conservation District "310" Permit Inspection Team access onto the subdivision site to permit ground inspection of elevation lines in conjunction with the final platted lot lines; and
4. Correcting any errors or omissions on the final plat which may be detected by Staff.

Commissioner Deming moved, seconded by Commissioners Bennett and Everson, that the City Commission approve 1) Annexation Resolution 8713; 2) the final plat and PUD plans for Riverside Townehomes Addition; and 3) the accompanying Annexation Agreement, subject to the petition fulfilling the conditions stipulated by the Planning Board.

Commissioner Gilbert stated he would abstain due to a potential conflict of interest.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

On February 7, 1995, the City Commission adopted Resolution 8704 naming the State Fairgrounds as the Montana Fairplex and that the annual fair be named Montana State Fair. On February 14, 1995, Mayor Gayle Morris presented the proposed name change to the County Commission. The County Commission requested that Resolution 8704 be modified to incorporate two issues: 1) That, in addition to retaining, and formalizing, the name Montana State Fair, to retain and formalize the name Montana State Fairgrounds; and 2) City Staff seek County Commission approval on any proposed signage incorporating the name Montana Fairplex.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8714.

Motion carried 5-0.

Commissioner Everson moved, seconded by Commissioners Deming and Gilbert, that the City Commission accept the Consent Agenda, items 9 - 21.

Motion carried 5-0.

Paul Kathrein's term expires March 1, 1995. Therefore, it was necessary for the City Commission to make an appointment to this Board. Dr. Kathrein was eligible for reappointment and submitted a letter of interest.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission reappoint Paul Kathrein to the City-County Health Board for a three year term beginning March 1, 1995 and expiring February 28, 1998.

Commissioner Gilbert stated that there were many very qualified people applying for this Board and that he was quite impressed.

Motion carried 5-0.

The City Manager recommended that the City Commission take the actions suggested as part of a community effort to deal with the 1995 base realignment and closing process. The process would begin March 1 with the release of the Defense Department's closure and realignment list. The source of funds for this budget would be the insurance dividend received by the City Commission earlier in the fiscal year; and possible contributions from others. Any travel expenses for members of the community associated with this effort would be borne by participating organizations. The City Manager also stated he would ask the County Commission to allocate $25,000 toward the total $95,000 budget to help offset the costs of this community effort.

John Lawton, City Manager, explained that the missile wing of the base was probably safe, however, there was a question if MAFB would retain the flying wing. He added that the BRACC process is an appeals process and to prepare an appeal requires a great deal of effort. Mr. Lawton stated that even if MAFB does not appear on the proposed closure list, the City Commission should assume there could be some changes at a later time.

Mr. Lawton said that he was not certain if the entire budget would be needed and that the community could withdraw from the contract if necessary. He warned that the community could not be passive and that there was no guarantee the process he was proposing would be successful.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission:

1. Establish a total BRACC process budget of up to $95,000;
2. Authorize a consulting contract with the firm of Verner, Liipfert, Bernhard, McPherson and Hand, of Washington, D.C., in an amount not to exceed $50,000. This firm will provide services in the areas suggested by the City Manager;
3. Authorize a contract with a qualified firm, either separately or through Verner, Liipfert, to conduct a Cost of Base Realignment Action (COBRA) analysis in an amount not to exceed $25,000. This would be a recalculation of the Defense Department cost analysis for determining the costs and benefits of any realignment actions; and
4. Provide for a budget not to exceed $20,000 for preparation of presentation materials, any additional staff or consulting assistance, and related expenses.

Commissioner Gilbert stated that 35% of jobs in this area are associated with MAFB and it was the responsibility of the Commission to help protect it. He added that there has been discussion for years preparing for this type of action; that the City Commission hire the expertise to get the job done. He stated that even if the other entities cannot contribute to the budget, that the City Commission should commit to supporting this effort in its entirety.

Commissioner Deming reiterated that any travel expenses will be paid by the individual and not the City. Commissioner Everson stated the Commission would be derelict in their duties if they did not support this effort. Commissioner Bennett concurred.

Motion carried 5-0.

There being no further business to come before the Commission, the regular meeting of February 21, 1995, adjourned at 7:51 p.m.