Commission Minutes Jan 2, 2001

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, Library, Fire Chief, Park and Recreation, Public Works, Budget/MIS, Fiscal Services, State Fair, Police Chief, Acting Director of Planning, and the City Clerk.

PRESENTATION: Members of Friendship Force presented gifts to Mayor Gray from two Mayors in New Zealand.

PUBLIC HEARINGS

Res. 9134 and Ord. 2792, Annexing and zoning Hillcrest 3rd Addition. Adopted.

1.&2.

RESOLUTION 9134, ANNEX HILLCREST 3RD ADDITION.

ORDINANCE 2792, ESTABLISH ZONING UPON HILLCREST 3RD ADDITION.

The Planning Board received a request to subdivide and annex a 6.88 acre tract of land located along the west side of 13th Street South between 13th and 17th Avenues South. The proposed 4-lot minor plat is to be known as Hillcrest 3rd Addition. Proposed Lot 1 is presently occupied by a mausoleum. Lot 2 is a site for a proposed funeral home and there are presently no plans for Lots 3 and 4.

The Planning Board conducted a public hearing on the annexation request on November 14, 2000, and voted to recommend the City and County Commissions approve the minor plat and the accompanying findings of fact and that the City Commission annex the area applying a zone classification of "LB" Local Business, "B" Area District.

Resolution 9134 annexes Hillcrest 3rd Addition, the proposed four lot subdivision located along the west side of 13th Street South between 13th and 17th Avenues South and Ordinance 2792 establishes the zoning for the proposed subdivision.

Mayor Gray declared the joint public hearing open. No one appeared to speak in support of or opposition to the proposed annexation. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the minor plat of Hillcrest 3rd Addition, the accompanying Findings of Fact and Improvements Agreement and adopt Resolution 9134.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2792.

Motion carried 5-0.

Ord. 2794, Amending OCCGF 15.12 pertaining to the Uniform Fire Code. Adopted.

ORDINANCE 2794, AMENDING OCCGF 15.12, ADOPTING THE 1997 UNIFORM FIRE CODE.

State law requires municipalities adopt local fire codes that meet the minimum standard that the State has adopted. The City may adopt stricter requirements, but they may not be more lenient. The State has adopted the 1997 Uniform Fire Code.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2794. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2794.

Motion carried 5-0.

NEW BUSINESS

Lobbyist Agreement. Approved.

AGREEMENT, LOBBYIST SERVICES - 2001 MONTANA STATE LEGISLATURE.

The agreement with Joe Mazurek would provide lobbyist services for the City during the 2001 Montana State Legislature. The compensation for these professional services was set at $15,000 for the 90-day session.

City Manager John Lawton stated that Mr. Mazurek was recommended because he was a respected attorney general who has shown ability to work with both political parties. Additionally, he was a legislator giving him first-hand knowledge of the legislative process. Finally, Mr. Lawton explained that Mr. Mazurek knew local government which would also be beneficial to the City.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission approve the agreement with Joe Mazurek for lobbyist services during the 2001 session of the Montana State Legislature.

Mayor Gray asked if anyone in the audience wanted to address the Commission on this issue. The following people spoke in opposition to the proposed agreement: Dr. Cheryl Reichert, 51 Prospect Drive; Dr. Jack Allaire, 1415 55th Avenue South; May Chase, 2001 3rd Avenue North; Jim Mendenhall, 400 20th Avenue South; Gary Hall 913 Coyote Court; and Sonya Jones, 2749 Carmel Drive. Comments made in opposition to the agreement were directed toward Mr. Mazurek's involvement with the Columbus and Deaconess Hospitals request to merge. Jerry O'Connell, 13 Park Garden Estates, spoke in support of the agreement.

Commissioner Beecher stated that the hospital merger was the result of the boards of both hospitals requesting it and although it was an emotional issue, the present decision before the Commission did not involve the merger. Commissioner Beecher explained Mr. Mazurek was well respected by both political parties and that the Cascade County legislative delegation was pleased with the selection for the City's lobbyist. Commissioner Beecher added that the City's lobbyist takes instructions from the Commission and that it was the Commission's responsibility to monitor the terms of the contract and Mr. Mazurek's performance. Commissioner Rosenbaum concurred.

Commissioner Hinz stated that Mr. Mazurek was articulate, had a bi-partisan gift and was not lobbying for himself but was lobbying on behalf of community through the City Commission. She added that she felt the testimony by many of the people tonight was vengeful talk, and she refused to vote for vengeance.

Mayor Gray explained that the City needed a lobbyist. It was vitally important to have a full time representative in Helena during the Legislative session. He added that Mr. Mazurek was well respected.

There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.

ORDINANCES/RESOLUTIONS

Ord. 2793, pertaining to attendance requirements for board/commission members. Adopted.

ORDINANCE 2793, SUPPLEMENTING TITLE 2, OCCGF, PERTAINING TO ATTENDANCE REQUIREMENTS ON BOARDS, COMMISSIONS, AND COUNCILS.

As a result of the chronic absence of some members appointed to boards, commissions, and councils in the past, it was necessary to establish a policy whereby any such member who misses more than one-third of regular meetings in a calendar year without a health or medical excuse shall be removed and replaced.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Ordinance 2793.

Motion carried 5-0.

Res. 9121, Intent to Annex Skyline Park Add., Phase 6. Adopted.

RESOLUTION 9121, INTENT TO ANNEX SKYLINE PARK ADDITION, PHASE 6.

In October 1998, the City and County Commissions conditionally approved the amended preliminary plat of Skyline Park Addition, a single family residential subdivision located North of 33rd Avenue Northeast between Skyline Park and Skyline School. Phases 1 through 5 of the subdivision, encompassing 63 lots, have been annexed and developed. The developer and property owner, Jim Workman Construction Company, desired to final plat and annex Phase 6, consisting of 15 lots along the westerly extensions of 35th and 36th Avenues Northeast.

On December 12, 2000, the Planning Board recommended approval of the final plat and the annexation of the requested area.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9121.

Motion carried 5-0.

Ord. 2795, Skyline Park Add., Phase 6, zoning. Set public hearing for February 6, 2001.

ORDINANCE 2795, ESTABLISH CITY ZONING UPON SKYLINE PARK ADDITION, PHASE 6.

Ordinance 2795 assigns a zoning classification of "A" Residence Use, "A" Area District to Skyline Park Addition, Phase 6.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2795 on first reading and set a hearing for 7:00 p.m., February 6, 2001, to consider adoption of Ordinance 2795.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

Minutes, December 19, 2000, Commission meeting.

Total Expenditures of $1,337,307 for the period of December 7 - 20, 2000, to include claims over $500, in the amount of $1,237,669.

10.

Contracts List.

11.

Reaffirm CDBG Policies. Reaffirmed the CDBG policies and approved the 2001 Community Development Block Grant funding priorities.

12.

Change Order 1 and Final Payment, 6th Street Northwest Water Main Replacement (OF 1229). Approved a change order for $5,732.36 and final payment to United Materials of Great Falls and the State Miscellaneous Tax Division in the amount of $23,648.82.

13.

Final Payment, 1999 Infrastructure Improvements - Streets and Water Lines (OF 1240). Approved the final payment to United Materials of Great Falls and the State Miscellaneous Tax Division in the amount of $19,553.96.

14.

Agreement, Montana Air Congestion Initiative - Guaranteed Maintenance Agreement (OF 1291). Approved an agreement with the Montana Department of Transportation for the Traffic Signal Wireless Telemetry Project.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve the Consent Agenda as printed.

Motion carried 5-0.

BOARDS & COMMISSIONS

Park and Recreation Board. Reappointments.

15.

REAPPOINTMENTS, PARK AND RECREATION BOARD.

The terms for Wyman D. Taylor, Leslie Postlethwait and William Roberts expired December 31, 2000. Mr. Taylor, Mr. Roberts, and Ms. Postlethwait were eligible for and interested in reappointment.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Wyman Taylor, Leslie Postlethwait and William Roberts to the Park and Recreation Board each for a three-year term, beginning January 1, 2001, and expiring December 31, 2003.

Motion carried 5-0.

City/County Planning Board. Appoint Madsen and Matteucci.

16.

APPOINTMENTS, CITY/COUNTY PLANNING BOARD.

Terms for Robert Fox and Terry Hilgendorf expired on December 31, 2000. They were not eligible for reappointment, therefore, it was necessary for the City Commission to make appointments to this board.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Deb Matteucci and Greg Madsen to the City/County Planning Board for two-year terms as "citizen" members beginning January 1, 2001, and expiring December 31, 2002.

Motion carried 5-0.

CITY MANAGER

EPA Fine. Report.

19.

EPA FINE.

City Manager John Lawton stated that the Tribune reported last week the City was being fined $134,000 by the EPA for not complying with industrial pre-treatment programs. He stated that the Tribune article was the first the City knew about this EPA action and that the City was just served today with the official notice. He added that Staff was researching the issue and would report back to the Commission as soon as they could.

CITY COMMISSION

Pacific Rim Trade Mission. Report.

20.

PACIFIC RIM TRADE MISSION.

Mayor Gay reported he recently returned from a trade mission to several Asian countries. He added that several other communities in Montana also took part in the trip as well as Senator Baucus. He said that there are many market opportunities for north-central Montana commodities and this was a chance open the necessary dialog for world trade.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of January 2, 2001, adjourned at 8:08 p.m.

/S/
Mayor Randy Gray

/S/
Peggy J. Bourne, City Clerk

	PUBLIC HEARINGS
Res. 9134 and Ord. 2792, Annexing and zoning Hillcrest 3rd Addition. Adopted.	1.&2. RESOLUTION 9134, ANNEX HILLCREST 3RD ADDITION. ORDINANCE 2792, ESTABLISH ZONING UPON HILLCREST 3RD ADDITION. The Planning Board received a request to subdivide and annex a 6.88 acre tract of land located along the west side of 13th Street South between 13th and 17th Avenues South. The proposed 4-lot minor plat is to be known as Hillcrest 3rd Addition. Proposed Lot 1 is presently occupied by a mausoleum. Lot 2 is a site for a proposed funeral home and there are presently no plans for Lots 3 and 4. The Planning Board conducted a public hearing on the annexation request on November 14, 2000, and voted to recommend the City and County Commissions approve the minor plat and the accompanying findings of fact and that the City Commission annex the area applying a zone classification of "LB" Local Business, "B" Area District. Resolution 9134 annexes Hillcrest 3rd Addition, the proposed four lot subdivision located along the west side of 13th Street South between 13th and 17th Avenues South and Ordinance 2792 establishes the zoning for the proposed subdivision. Mayor Gray declared the joint public hearing open. No one appeared to speak in support of or opposition to the proposed annexation. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the minor plat of Hillcrest 3rd Addition, the accompanying Findings of Fact and Improvements Agreement and adopt Resolution 9134. Motion carried 5-0. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2792. Motion carried 5-0.
Ord. 2794, Amending OCCGF 15.12 pertaining to the Uniform Fire Code. Adopted.	3. ORDINANCE 2794, AMENDING OCCGF 15.12, ADOPTING THE 1997 UNIFORM FIRE CODE. State law requires municipalities adopt local fire codes that meet the minimum standard that the State has adopted. The City may adopt stricter requirements, but they may not be more lenient. The State has adopted the 1997 Uniform Fire Code. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2794. Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2794. Motion carried 5-0.
	NEW BUSINESS
Lobbyist Agreement. Approved.	4. AGREEMENT, LOBBYIST SERVICES - 2001 MONTANA STATE LEGISLATURE. The agreement with Joe Mazurek would provide lobbyist services for the City during the 2001 Montana State Legislature. The compensation for these professional services was set at $15,000 for the 90-day session. City Manager John Lawton stated that Mr. Mazurek was recommended because he was a respected attorney general who has shown ability to work with both political parties. Additionally, he was a legislator giving him first-hand knowledge of the legislative process. Finally, Mr. Lawton explained that Mr. Mazurek knew local government which would also be beneficial to the City. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission approve the agreement with Joe Mazurek for lobbyist services during the 2001 session of the Montana State Legislature. Mayor Gray asked if anyone in the audience wanted to address the Commission on this issue. The following people spoke in opposition to the proposed agreement: Dr. Cheryl Reichert, 51 Prospect Drive; Dr. Jack Allaire, 1415 55th Avenue South; May Chase, 2001 3rd Avenue North; Jim Mendenhall, 400 20th Avenue South; Gary Hall 913 Coyote Court; and Sonya Jones, 2749 Carmel Drive. Comments made in opposition to the agreement were directed toward Mr. Mazurek's involvement with the Columbus and Deaconess Hospitals request to merge. Jerry O'Connell, 13 Park Garden Estates, spoke in support of the agreement. Commissioner Beecher stated that the hospital merger was the result of the boards of both hospitals requesting it and although it was an emotional issue, the present decision before the Commission did not involve the merger. Commissioner Beecher explained Mr. Mazurek was well respected by both political parties and that the Cascade County legislative delegation was pleased with the selection for the City's lobbyist. Commissioner Beecher added that the City's lobbyist takes instructions from the Commission and that it was the Commission's responsibility to monitor the terms of the contract and Mr. Mazurek's performance. Commissioner Rosenbaum concurred. Commissioner Hinz stated that Mr. Mazurek was articulate, had a bi-partisan gift and was not lobbying for himself but was lobbying on behalf of community through the City Commission. She added that she felt the testimony by many of the people tonight was vengeful talk, and she refused to vote for vengeance. Mayor Gray explained that the City needed a lobbyist. It was vitally important to have a full time representative in Helena during the Legislative session. He added that Mr. Mazurek was well respected. There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
	ORDINANCES/RESOLUTIONS
Ord. 2793, pertaining to attendance requirements for board/commission members. Adopted.	5. ORDINANCE 2793, SUPPLEMENTING TITLE 2, OCCGF, PERTAINING TO ATTENDANCE REQUIREMENTS ON BOARDS, COMMISSIONS, AND COUNCILS. As a result of the chronic absence of some members appointed to boards, commissions, and councils in the past, it was necessary to establish a policy whereby any such member who misses more than one-third of regular meetings in a calendar year without a health or medical excuse shall be removed and replaced. Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Ordinance 2793. Motion carried 5-0.
Res. 9121, Intent to Annex Skyline Park Add., Phase 6. Adopted.	6. RESOLUTION 9121, INTENT TO ANNEX SKYLINE PARK ADDITION, PHASE 6. In October 1998, the City and County Commissions conditionally approved the amended preliminary plat of Skyline Park Addition, a single family residential subdivision located North of 33rd Avenue Northeast between Skyline Park and Skyline School. Phases 1 through 5 of the subdivision, encompassing 63 lots, have been annexed and developed. The developer and property owner, Jim Workman Construction Company, desired to final plat and annex Phase 6, consisting of 15 lots along the westerly extensions of 35th and 36th Avenues Northeast. On December 12, 2000, the Planning Board recommended approval of the final plat and the annexation of the requested area. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9121. Motion carried 5-0.
Ord. 2795, Skyline Park Add., Phase 6, zoning. Set public hearing for February 6, 2001.	7. ORDINANCE 2795, ESTABLISH CITY ZONING UPON SKYLINE PARK ADDITION, PHASE 6. Ordinance 2795 assigns a zoning classification of "A" Residence Use, "A" Area District to Skyline Park Addition, Phase 6. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2795 on first reading and set a hearing for 7:00 p.m., February 6, 2001, to consider adoption of Ordinance 2795. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 8. Minutes, December 19, 2000, Commission meeting. 9. Total Expenditures of $1,337,307 for the period of December 7 - 20, 2000, to include claims over $500, in the amount of $1,237,669. 10. Contracts List. 11. Reaffirm CDBG Policies. Reaffirmed the CDBG policies and approved the 2001 Community Development Block Grant funding priorities. 12. Change Order 1 and Final Payment, 6th Street Northwest Water Main Replacement (OF 1229). Approved a change order for $5,732.36 and final payment to United Materials of Great Falls and the State Miscellaneous Tax Division in the amount of $23,648.82. 13. Final Payment, 1999 Infrastructure Improvements - Streets and Water Lines (OF 1240). Approved the final payment to United Materials of Great Falls and the State Miscellaneous Tax Division in the amount of $19,553.96. 14. Agreement, Montana Air Congestion Initiative - Guaranteed Maintenance Agreement (OF 1291). Approved an agreement with the Montana Department of Transportation for the Traffic Signal Wireless Telemetry Project. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve the Consent Agenda as printed. Motion carried 5-0.
	BOARDS & COMMISSIONS
Park and Recreation Board. Reappointments.	15. REAPPOINTMENTS, PARK AND RECREATION BOARD. The terms for Wyman D. Taylor, Leslie Postlethwait and William Roberts expired December 31, 2000. Mr. Taylor, Mr. Roberts, and Ms. Postlethwait were eligible for and interested in reappointment. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Wyman Taylor, Leslie Postlethwait and William Roberts to the Park and Recreation Board each for a three-year term, beginning January 1, 2001, and expiring December 31, 2003. Motion carried 5-0.
City/County Planning Board. Appoint Madsen and Matteucci.	16. APPOINTMENTS, CITY/COUNTY PLANNING BOARD. Terms for Robert Fox and Terry Hilgendorf expired on December 31, 2000. They were not eligible for reappointment, therefore, it was necessary for the City Commission to make appointments to this board. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Deb Matteucci and Greg Madsen to the City/County Planning Board for two-year terms as "citizen" members beginning January 1, 2001, and expiring December 31, 2002. Motion carried 5-0.
	CITY MANAGER
EPA Fine. Report.	19. EPA FINE. City Manager John Lawton stated that the Tribune reported last week the City was being fined $134,000 by the EPA for not complying with industrial pre-treatment programs. He stated that the Tribune article was the first the City knew about this EPA action and that the City was just served today with the official notice. He added that Staff was researching the issue and would report back to the Commission as soon as they could.
	CITY COMMISSION
Pacific Rim Trade Mission. Report.	20. PACIFIC RIM TRADE MISSION. Mayor Gay reported he recently returned from a trade mission to several Asian countries. He added that several other communities in Montana also took part in the trip as well as Senator Baucus. He said that there are many market opportunities for north-central Montana commodities and this was a chance open the necessary dialog for world trade.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of January 2, 2001, adjourned at 8:08 p.m.

JOURNAL OF COMMISSION PROCEEDINGSJanuary 2, 2001

PUBLIC HEARINGS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

CONSENT AGENDA

BOARDS & COMMISSIONS

CITY MANAGER

CITY COMMISSION

ADJOURNMENT

JOURNAL OF COMMISSION PROCEEDINGS
January 2, 2001