JOURNAL OF COMMISSION PROCEEDINGS
JUNE 6, 2000

Regular City Commission Meeting Mayor Randy Gray presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Fairgrounds, Planning, Budget/MIS, Fiscal Services, Police Chief, Fire Chief, Park and Recreation, Public Works, Library, and the City Clerk.

Mayor Gray read proclamations pertaining to National Garden Week and of appreciation to Johnson-Madison Lumber for their contribution to Operation Paint Brush.

PUBLIC HEARINGS

Ord. 2773, Rezone Fair Addition, Block 1, Lots 25-29. Adopted.

1.
ORDINANCE 2773, TO REZONE FAIR ADDITION, BLOCK 1, LOTS 25-29.

Ordinance 2773 rezones Fair Addition, Block 1, Lots 25-29 from "A" Residence Use to "LB" Local Business District and Lots 27-29, from "A" Residence Use to "GC" General Commercial District. The lots are located along the east side of 6th Street NW and north of the NW Bypass.

The Planning Board conducted a public hearing on April 11, 2000, and passed a motion recommending the City Commission approve the request subject to the following conditions: each commercial development associated with the subject property be comprised of at least two lots; and, prior to issuance of a commercial building permit within subject property, the development site plan shall be reviewed and approved by the Planning Board.

Mayor Gray declared the public hearing open for Ordinance 2773. Warren O'Keefe, 33 Division Road, spoke in support of the Ordinance. There being no one further to address the Commission, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2773.

Motion carried 5-0.

Res. 9085, Annex Finlay's Supp. to Prospect Park, B7, L1. Adopted.

2.
RESOLUTION 9085, ANNEX FINLAY'S SUPPLEMENT TO PROSPECT PARK, BLOCK 7, LOTS 1-3.

The Planning Office received an application to annex Finlay's Supplement to Prospect Park, Block 7, Lots 1-3, located along the north side of 21st Avenue South between 13th and 14th Streets South. The three vacant lots comprise 9,342 square feet and is owned by Rusty and Doreen Sigley who are interested in constructing a single family residence on the property and obtaining City water and sewer service.

The Planning Board recommended the City Commission approve the annexation request subject to the owner: paying all applicable fees; signing an agreement containing applicable terms and conditions; and providing a surety bond in the amount of $9,900 for their proportionate share of the cost of the water main.

Ord. 2774, Establish Zoning for Finlay's Supp. to Prospect Park B7, L1-3. Adopted.

3.
ORDINANCE 2774, ESTABLISH ZONING UPON FINLAY'S SUPPLEMENT TO PROSPECT PARK, BLOCK 7, LOTS 1-3.

Ordinance 2774 assigns a zoning classification of "A" Residence Use, "B" Area District to Lots 1-3, Block 7, Finlay's Supplement to Prospect Park. The Planning Board recommended the City Commission approve the zoning classification request.

Mayor Gray declared the public hearing open for Resolution 9085 and Ordinance 2774. No one appeared to speak in support of or opposition to either. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt annexation Resolution 9085 and approve the Annexation Agreement for Lots 1-3, Block 7, Finlay's Supplement to Prospect Park and adopt Ordinance 2774.

Motion carried 5-0.

OLD BUSINESS

NEW BUSINESS

RESOLUTIONS/ORDINANCES

Ord. 2776, Charter Amendment Proposal To Increase Library Mill Levy by 2 Mills. Accepted on first reading.

4.
ORDINANCE 2776, SUBMIT TO THE ELECTORS A CITY CHARTER AMENDMENT TO INCREASE THE LIBRARY MILL LEVY LIMIT BY TWO MILLS.

The Library needs additional revenue to provide basic services to the community. For the last several years, just to provide basic seven day a week service, the City provided the Library an additional $50-$60,000 annually from the City's general fund. Even with this added support, the Library's book and materials budget remained frozen at $50,000 for the last ten years.

Over the next ten years, $2 million will be needed by the Library to provide for basic capital expenses and depreciation. The Library has been unable to fund capital improvements in its budget to provide for major capital expenses and to fund depreciation.

The Library Foundation has been able to supplement the book budget. However, the Foundation funds are highly restricted and not available for operational needs.

The Library Board, Library Foundation and an independent financial study group recommended that two additional Library mills be proposed for voter approval at the next general election. Two City mills would raise approximately $135,000. The recommended form for the mill levy increase is as a charter amendment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2776 on first reading and set the second and final reading date for June 20, 2000.

Motion carried 5-0.

Res. 9086, Intent to annex 2nd Supp. to Skyline Heights and Amended Plat for Skyline Heights Park. Adopted.

5.
RESOLUTION 9086, INTENT TO ANNEX 2ND SUPPLEMENT TO SKYLINE HEIGHTS ADDITION AND AMENDED PLAT FOR SKYLINE HEIGHTS PARK.

Resolution 9086 sets a public hearing for July 11, 2000, to consider annexation of the 2nd Supplement to Skyline Heights Addition and the Amended Plat for Skyline Heights Park consisting of 11 single family residential lots and short extensions of 11th and 12th Streets Northeast and 34th Avenue Northeast. This annexation request also included the unincorporated portion of an Amended Plat dedicating 1.7 acres of Skyline Heights Park.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9086 expressing intent to annex the 2nd Supplement to Skyline Heights Addition and the Amended Plat for Skyline Heights Park and setting a public hearing on the annexation for July 11, 2000.

Motion carried 5-0.

Ord, 2775, Establish Zoning for 2nd Supp. to Skyline Heights Add., and Amended Plat for Skyline Heights Park. Set public hearing for July 11, 2000.

6.
ORDINANCE 2775, TO ESTABLISH ZONING UPON 2ND SUPPLEMENT TO SKYLINE HEIGHTS ADDITION AND AMENDED PLAT FOR SKYLINE HEIGHTS PARK.

Ordinance 2775 assigns a zoning classification of "A" Residence Use, "A" Area District, to 2nd Supplement to Skyline Heights Addition and the Amended Plat for Skyline Heights Park, upon annexation to the City.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2775 on first reading and set a hearing for July 11, 2000, to consider adoption of Ordinance 2775.

Motion carried 5-0.

Res. 9082, Relating to the Financing of Certain Water Projects. Adopted.

7.
RESOLUTION 9082, RELATING TO FINANCING OF A CERTAIN PROPOSED PROJECT; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.

Staff recommended moving forward with the issuance of water/sewer debt in the amount of $3,000,000. Proceeds of the debt are intended to finance a) water main replacements in nine separate areas of the City; b) inspection of a water storage reservoir, c) preparation of a Water Master Plan, and d) reimbursement to the Montana Department of Transportation for water main replacement along 10th Ave. S.

Payment of the 10th Avenue South reimbursement is to be paid from cash flow within the Water Fund pending issuance of the $3,000,000 Water System Revenue Bond (DNRC Drinking Water Revolving Loan Program, Series 2000). Adoption of Resolution 9082 serves as official recognition of the intent to reimburse any related expenses for these projects from bond proceeds upon receipt.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz that the Commission adopt Resolution 9082.

Motion carried 5-0.

Res. 9083, Authorizing Water Revenue Bonds Through DNRC Program. Adopted.

8.
RESOLUTION 9083, AUTHORIZING THE ENTERING INTO, EXECUTION AND DELIVERY OF A COMMITMENT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION REGARDING THE SALE AND DELIVERY OF THE CITY'S $3,000,000 WATER SYSTEM REVENUE BOND (DNRC DRINKING WATER REVOLVING LOAN PROGRAM) SERIES 2000.

Staff recommended moving forward with the issuance of water/sewer debt in the amount of $3,000,000. Proceeds of the debt are intended to finance a) water main replacements in nine separate areas of the City; b) inspection of a water storage reservoir, c) preparation of a Water Master Plan, and d) reimbursement to the Montana Department of Transportation for water main replacement along 10th Ave S.

Staff also recommended entering into a Commitment Agreement for the issuance of Revenue Bonds through the Drinking Water State Revolving Fund Program. This program is administered by the Department of Natural Resources and Conservation of the State. It provides a funding source for water systems at reasonable interest rates. The interest rate charged for this financing was anticipated at 4% (the final rate is determined at the time of closing but will not exceed 4.5%) plus a one time origination fee of 1%, resulting in an effective interest rate of 4.08% to 4.58%.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9083.

Motion carried 5-0.

Res. 9088, Air Pollution Program Regulations. Adopted.

9.
RESOLUTION 9088, CASCADE COUNTY AIR POLLUTION CONTROL PROGRAM REGULATIONS.

The proposed changes in local air quality rules are mostly minor editorial changes in order for Cascade County's rules conform to comparable statutes and rules implemented by the State. It was also proposed to transfer the major source open burn program permitting authority to the Montana Department of Environmental Quality.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9088.

Motion carried 5-0.

Res. 9089, Billboard Sign Moratorium. Adopted.

10.
RESOLUTION 9089, ESTABLISHING A 365-DAY MORATORIUM FOR BILLBOARD SIGNS.

Over the past two years, the City experienced an increase in the number of requests for billboard signs. There were three requests in 1998, three requests in 1999 (plus one disapproved billboard variance) and one request (to date) in 2000. Staff explained the current trend was to install billboards on the City's scenic entrance/exit route along 10th Avenue South.

Resolution 9089 provides for a 365-day moratorium on new billboard sign requests. The moratorium would allow staff time to work with the public and the sign industry in the development of new regulations for billboard signs. Staff anticipated preparing a new sign ordinance reflecting the wants and needs of the community.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9089 and establish a 365-day moratorium on billboard signs.

Jim Panell, Lamar Signs, stated that the moratorium request was reasonable. He requested that the new ordinance be sensible regarding sizes, spacing and heights and if a cap was put into place that it consider the total face size and type.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA
11.
Minutes, May 16, 2000, Commission meeting.
12.
Total Expenditures of $819,365 for the period of May 4-24, 2000, to include claims over $500, in the amount of $745,219.
13.
14.
Historic 10th Street Bridge Project (OF 979) Expenditure List. For use of funds held in trust by the City, no local taxpayer funds included.
15.
Set Public Hearing, June 20, 2000, at 7:00 p.m., Resolution 9081, assessing costs incurred for the demolition of 316 4th Street SW.
16.
Set Public Hearing for July 11, 2000, at 7:00 p.m. for Resolution 9087, annual budget resolution.
17.
Set public hearing for June 20, 2000, for use of block grant funding and appoint members to the Law Enforcement Block Grant Ad Hoc Committee.
18.
Set Public Hearing for June 20, at 7:00 p.m., for Resolution 9084, Four Seasons Ice Usage Fees.
19.
Postpone Bid Award, Phase 1, Historic Preservation of the 10th Street Bridge (OF 979.1). Postponed bid award until July 11, 2000.
20.
Contract Award, 2000 Miscellaneous Street Repairs (OF 1290). Approved a construction contract with Volk Sand and Gravel, Inc., in the amount of $108,500 for the 2000 Miscellaneous Street Repairs.
21.
This item was pulled from the agenda.
22.
This item was pulled from the agenda.
23.
Right-of-Way Easement, Public Works Complex. Approved a right-of-way easement to Montana Refining Company to provide for the construction of an oil pipeline through the Public Works Complex.
24.
Contract, Benefis HealthWorks Physical Conditional Program. Approved a contract to provide physical conditioning program support for Great Falls Fire/Rescue.

Commissioner Beecher moved, seconded by Commissioners Rosenbaum, Hinz, and Jovick-Kuntz that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.

CITY MANAGER

City Park Vandalism.

27.
CITY PARK VANDALISM.

Jerry Sepich, Park and Recreation Director, reported that the automated irrigation systems in City parks have been victim to an unusual amount of vandalism so far this year. He explained that over $4,500 worth of damage has been done to the irrigation heads and that the problem was escalating. Most of the vandalism was occurring at night when the sprinklers were timed to go on. He clarified that Staff has adjusted the irrigation time but were hesitant to water the parks during daylight hours. He added that he was working with Neighborhood Watch programs and the Neighborhood Councils to help end this issue. He also requested the media assist by publicizing this problem and encouraging people to take action by calling the Police Department if they see this activity occurring.

PETITIONS AND COMMUNICATIONS

Motor Sports Complex.

29.
Ken Krause, Tom Masterson and Barney Cooper, presented a $9,000 check to the City Commission as their portion of the funds for a motor sports complex market feasibility study

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of June 6, 2000, adjourned at 8:07 p.m.


/S/
Mayor Randall H. Gray

/S/
Peggy J. Bourne, City Clerk




2000 Commission Minutes
Commission Minutes listing page