JOURNAL OF COMMISSION PROCEEDINGS
March 7, 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, and John Gilbert. Commissioner Everson was absent. Also present were the Assistant City Manager, City Attorney, Directors of Public Works, Finance, Park & Recreation, Fairgrounds, Planning, Personnel, Fire Chief, Police Chief, and the City Clerk.

PRESENTATION: Mayor Gayle Morris presented to the newly appointed Fire Chief, Jim Hirose, his official Fire Chief badges.

PUBLIC HEARINGS

1.
ORDINANCE 2677, REZONE FIRST BLOOMINGDALE ADD, B6, L20.

Dennis Workman petitioned to rezone a lot located at 1625 6th Avenue NW. Ordinance 2677, upon adoption, would rezone it from its present "A" Residence Use District to "MH" Mobile Home Residence Use District. The purpose of the rezoning is to allow placement of a mobile home on the involved property.

On January 10, 1995, the Planning Board passed a motion recommending the zone change be approved. There was no opposition expressed to the rezoning. On February 7, 1995, the City Commission accepted Ordinance 2677 on first reading and set the public hearing for March 7, 1995. Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2677. Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Application of 12 Zoning Factors labeled as Exhibit "D" and adopt Ordinance 2677.

Motion carried 4-0.

2.
ORDINANCE 2678, REZONE FAIR ADDITION B2, L25-26 AND PARCEL B OF CS 2976.

Harold Poulsen petitioned to rezone a parcel of property located at the northwest corner of the Northwest Bypass and Sixth Street Northwest. Ordinance 2678, upon adoption, would rezone the said parcel from its present "A" Residence Use, "A" Area District, to "GC" General Commercial, "C" Area District.

On January 10, 1995, the Planning Board passed a motion recommending the zone change be approved. On February 7, 1995, the City Commission accepted Ordinance 2678 on first reading and set the public hearing for March 7, 1995. Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2678. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission accept the Application of 12 Zoning Factors labeled as Exhibit "D" and adopt Ordinance 2678.

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

Motion carried 3-0-1 (Commissioner Gilbert abstaining).

3.
ORDINANCE 2679, REZONE BEL-VIEW PALISADE ADDITION, B19.

Ordinance 2679, upon adoption, would rezone Block 19, Bel-View Palisade Addition from Planned Unit Development ("PUD") District to "A" Residence Use, "B" Area District. The rezoning is being processed simultaneously with a request to approve an Amended Plat subdividing Block 19 into eight conventional residential lots. Block 19's current configuration results from the Amended Plat approved in 1989-90 creating the Centennial Ridge Planned Unit Development. The difference between the proposed subdivision and rezoning of Block 19 from its current PUD status is that each of the proposed eight dwelling units will be located on individual platted and owned lots as opposed to eight condominium units on the single lot possessed by a homeowners association.

On January 24, 1995, the Planning Board voted to recommended the City Commission 1) approve the requested rezoning subject to approval of the final Amended Plat; and 2) conditionally approve the preliminary Amended Plat of Block 19. On February 7, 1995, the City Commission accepted Ordinance 2679 on first reading and set the public hearing for March 7, 1995. Mayor Morris declared the public hearing open. Tom O'Connor spoke in support of the Ordinance. No one appeared to speak in opposition to Ordinance 2679. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission 1) approve the preliminary Amended plat of Block 19, Bel-View Palisade subject to the subdivider complying with the conditions stipulated in the Planning Staff Report and Recommendation dated January 19, 1995; 2) accept the Application of 12 Zoning Factors labeled as Exhibit "F" attached to said Staff Report and Recommendation; and 3) authorized the Mayor and City Clerk to execute Ordinance 2679 upon approval of the final Amended Plat of Block 19, Bel-View Palisade.

Motion carried 4-0.

4.
RESOLUTION 8716, ANNEX SEVEN COUNTY OWNED TRACTS OF LAND AT THE INTERNATIONAL AIRPORT, ONE AIRPORT AUTHORITY OWNED TRACT OF LAND AND A PORTION OF AIRPORT BENCH ROAD.

The City obtained two Requests for Annexation from Cascade County and the Airport Authority including 200 acres of land at International Airport and a segment of Airport Bench Road. The two Requests for Annexation were prompted by the need to annex the site for the proposed County Adult Detention Facility. The annexation includes 191.5 acres held in the name of Cascade County and 8.357 acres owned by the Airport Authority.

On February 7, 1995, the City Commission set the public hearing for March 7, 1995. Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8716. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8716 and approve the accompanying Agreement with Cascade County.

Motion carried 4-0.

OLD BUSINESS

5.
ORDINANCE 2680, AMENDING TITLE 13, CHAPTER 20, SEWER SYSTEM RULES AND REGULATIONS.

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 Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2680.

Motion carried 4-0.

NEW BUSINESS

6.
RESOLUTION 8715, ANNUAL SID REVOLVING FUND ANALYSIS.

Analysis of the SID Revolving Fund and Debt Service Funds show that: 1) One SID had cash available to repay a portion of prior years Deficiency Loan; 2) Loans totaling $8,586.69 from the SID Revolving Fund were required to meet projected deficiencies in two SID's with outstanding debt service obligations, in accordance with 7-12-4223 MCA.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8715.

Motion carried 4-0.

CONSENT AGENDA
7.
Minutes, February 21, 1995 Commission meeting.
8.
Claims over $500.
9.
Contracts List.
10.
Use Permit list.
11.
Trust Fund, River's Edge Trail. Create the River's Edge Trail Trust Fund for the benefit of trail development in the Great Falls area. In many instances when grants and donations from private, corporate or foundation sponsors are made to the River's Edge Trail, sponsors request assurances that the funds will be accounted for and expended for the intended purpose. To guarantee this accountability, many request that an established, long term entity receive the funds, such as a local unit of government. All funds collected will be deposited in the newly created trust fund and all claims received will be paid out of it.
12.
Contract Award, 5th Avenue North, 21st - 24th Street Water Main Replacement (OF 1106). Award contract in the amount to for $95,125.00 to United Materials of Great Falls, Inc.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission accept the Consent Agenda as printed.

Motion carried 4-0.

BOARDS AND COMMISSIONS

12A.
VARIANCE REQUEST, FAIRVIEW ADDITION, B6, L4&5.

Bob Glick, owner of the property located at 1414 10th Avenue South, Taco Bell, requested a variance to reduce the required 10 foot front setback from the property to 2' and to reduce the required off-street parking from 27 to 17 spaces. The approval of this request would allow the owner to enclose the front patio portion of the existing restaurant.

On February 2, 1995, the Board of Adjustment voted to recommend approval of Mr. Glick's request. Additionally, the Board voted to recommend the $1,000 per parking space fee be waived as they did not feel this money would be used to benefit parking in the vicinity of the property in question.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the variance as recommended by the Board of Adjustment.

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

Motion carried 3-0-1 (Commissioner Gilbert abstaining).

CITY MANAGER

13.
Cheryl Patton, Assistant City Manager, stated that the mid-year budget amendments will be presented to the City Commission at the April 4, 1995 Commission meeting. She added that the proposed changes include: the funds necessary for BRACC; Civic Center parking improvements, appropriations for the Study Commission, and the swimming pool painting and the second flume for the water slide.

PETITIONS AND COMMUNICATIONS

15A.
STANDPIPE WATER RATE.

The following people spoke against the standpipe water rate recently approved by the City Commission and implemented by Staff. The rate went from $.25 cents per 200 gallons to $.25 cents per 100 gallons. The primary complaint involved the rate increase itself, the lack of notice for the increase, and some equality between what City residents pay and what the rate is for those who use the dispensing stations.

Robert Adams (207 31st Street NW); Ron McWilliams (280 Vineyard Rd); Jodi McClendon (69 Taft Road); John Dempsy (1901 23rd Avenue South); Jerry Leithieser (204 31st Avenue South); Roy Aafedt, Cascade County Commissioner; Randy King (2204 9th Street South); Faye King (2204 9th Street South); Mike Knecht (1601 22nd Avenue South); Bill Dutchak (2801 62nd Avenue SW); Ken Gebhardt (396 Vineyard Rd); and Lois Feist (1910 24th Avenue South).

Erl Tufte, Public Works Director, and Tim Magee, Fiannce Director, stated that the standpipe rate was approved by the PSC in 1991. However, the City Commission had not implemented the rate until just recently. It was also determined during the discussion, that the standpipe rate had not been adjusted since 1982. During that same time period, water customers residing in the City limits have experienced a 151% rate increase.

Following a lengthy discussion, Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission direct the City Manager prepare a proposal of incremental increases for the standpipe water rate under the condition that the cost of service is met.

Motion carried 4-0.

15B.
MALMSTROM AIR BASE, REALIGNMENT.

Paul Stevens, 800 7th Avenue North, stated he opposed the appropriation made by the City Commission to hire a consultant to assist during the BRACC process. He added there is a faction of people in Great Falls who are coordinating lobbying efforts for the complete closure of Malmstrom. He recommended the City Commission plan for an adjustment process after the base closes rather than focusing on saving Malmstrom's missions.

15C.
FAIRGROUNDS - ASSISTANT STATE FAIR MANAGER.

Joyce McDonald, 313 26th Street NW, asked the City Commission to reconsider the need for an Assistant State Fair Manager position.

15D.
APPRECIATION.

Bob Olson, 2205 8th Street South, thanked Staff for working on the water distribution near his home and restoring the water pressure.

ADJOURNMENT

There being no further business to come before the City Commission, the regular meeting of March 7, 1995, adjourned at 9:09 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Bourne, City Clerk




1995 Commission Minutes
Commission Minutes listing page