PUBLIC HEARINGS

In November 1996, the City and County Commissions conditionally approved, in accordance with a recommendation from the Planning Board, the preliminary plat of Prairie Ridge Addition. Last year, the Planning Board and City and County Commissions approved the final plat of the first phase of the subdivision consisting of four residential lots along the easterly extension of 14th Avenue South. The proposed name Prairie Ridge was replaced with Berkner Heights Addition and the four lot subdivision was designated Phase 6.

The developer wanted to proceed with finalizing the platting and annexation of the next phase which consists of 13 residential lots along the easterly extension of 14th Avenue South and the northerly extension of 41st Street South, known as Phase 7.

The Planning Board, during a meeting held February 27, 2001, recommended approval of the final plat of Berkner Heights Addition Phase 7 subject to the applicant executing an annexation agreement; paying applicable fees; correcting any errors or omissions on the final plat noted by staff; and subject to final approval of the engineering documents by City staff.

Ordinance 2797 assigns a zoning classification of "A" Residence Use, "A" Area District to Berkner Heights Addition Phase 7. The subject 13 lot subdivision is located along the easterly extension of 14th Avenue South and the northerly extension of 41st Street South.

Mayor Gray declared the joint public hearing open. No one appeared to speak in support of or opposition to the annexation and zoning of Berkner Heights Phase 7. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Beecher that the City Commission adopt annexation Resolution 9147 and approve the final plat, the annexation and improvements agreement and two easements, all related to Berkner Heights Addition Phase 7.

Motion carried 4-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2797.

Motion carried 4-0.

Due to unexpected expenses, not anticipated when the fiscal year 2000-2001 budget was adopted, a budget amendment resolution was needed to appropriate $583,216 as follows:

$150,000 in the Police Department budget for the Bar Jonah investigation expenses;
$83,000 in the Fire Department budget for retirement buyout expenses;
$30,000 in the Parks Division for irrigation expenses due to the summer drought;
$211,673 for the Broadwater Bay land purchase;
$108,543 for General Fund - funded contingency.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9143. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9143.

Motion carried 4-0.

OLD BUSINESS

Res. 9135, Water and Sewer Rates. Adopted as amended.

The analysis for the financing needs in Water, Sewer, and Storm Drain Funds showed the need for rate increases in FY 2001. A combined rate increase of 5.72% was recommended. The Storm Drain rates were based on the existing rates and the rate structure established in 1989. The proposed Water and Sewer rates were based upon a full rate study conducted by Black and Veatch, Management Consultants, which showed that Malmstrom Air Force Base and Black Eagle had not been billed their fair share of water and sewer costs since the existing rate structure was established by the Public Service Commission in 1992. The proposed structure would phase-in rates over a three-year period of time for Black Eagle and Malmstrom Air Force Base until they pay their proportionate share.

At the meeting held February 20, 2001, the City Commission postponed action on Resolution 9135 for 60 days. During that time, it was discovered there was a staff error in the legal notice which was intended to provide users the necessary information to calculate their specific rate increase. The error was in the information to be used to calculate the storm drain utility rate. While the statutory requirements for the legal ad were correct, one section of the additional information was not. Therefore, staff recommended the Commission approve a combined rate increase of 4.78% for only water and sewer making no rate increase for storm water and to refer the storm drain needs back to staff for review and later action.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9135 as amended.

Mayor Gray asked if anyone wanted to address this issue. Herb Sobezcek, 121 11th Street, asked if the rates were for only one year. Budget Director Tim Magee explained that the rates would remain in effect until the Commission changed them.

John Angry stated that between politicians and utility people, he, and others on fixed income, won't have any money left. Mayor Gray explained that the role of the City commission was to make the services offered by the City solvent and to protect the City's infrastructure. Mr. Angry then ripped off his shirt and threw it on the ground.

There being no one further to address the Commission, Mayor Gray asked for Commission discussion. Commissioner Hinz stated that it was unfortunate that the City Commission's incumbency to take care of the City's infrastructure coincided with the energy crisis. Mayor Gray called for the vote. Motion carried 4-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9148 sets a public hearing for May 1, 2001, to consider the annexation of Lot 2 of the Amended Plat of Lot 2, Block 1, Division Addition. The 1.5 acre parcel proposed to be annexed is located immediately east of the intersection of 16th Avenue Northwest and 1st Street Northwest and is the site for the proposed St. Thomas Child Development Center.

On February 27, 2001, the Planning Board voted to recommend approval of the annexation and zoning request subject to several conditions being met.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9148 expressing intent to annex Lot 2 of the Amended Plat of Lot 2, Block 1, Division Addition, and setting a public hearing on the annexation for May 1, 2001.

Motion carried 4-0.

Ordinance 2799 assigns a zoning classification of "C" Residence Use, "C" Area District to Lot 2 of the Amended Plat of Lot 2, Block 1, Division Addition, upon annexation to the City.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2799 on first reading and set a hearing for 7:00 p.m., May 1, 2001, to consider adoption of Ordinance 2799.

Motion carried 4-0.

Resolution 9149 sets a public hearing for May 1, 2001, to consider the annexation of Discovery Meadows Addition Phase 1, consisting of 20 single family residential lots along a planned 600 foot segment of 50th Street located immediately north of 7th Avenue North.

On March 27, 2001, the Planning Board recommended approval of the final plat of Discovery Meadows, Phase 1 subject to several conditions being met. Staff anticipated the conditions will be met prior to the annexation hearing on May 1, 2001.

Mayor Gray handed the gavel to Mayor Pro-tempore Beecher due to a conflict of interest on this issue. Mayor Pro-tempore Beecher asked for the direction of the Commission.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9149 expressing intent to annex Discovery Meadows Addition, Phase 1, and setting a public hearing on annexation for May 1, 2001.

Motion carried 3-0-1 (Mayor Gray abstaining).

Ordinance 2800 assigns a zoning classification of "A" Residence Use, "B" Area District, to Discovery Meadows Addition, Phase 1, upon annexation of the same to the City.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2800 on first reading and set a public hearing for 7:00 p.m., May 1, 2001, to consider adoption of Ordinance 2800.

Motion carried 3-0-1 (Mayor Gray abstaining). Mayor Pro-tempore Beecher handed the gavel back to Mayor Gray.

The Montana Board of Investments agreed to loan the City $182,000 for the repair of the heating system at the Four Seasons Arena and replacement of carpet at the current rate of 4.75%. The loan has a variable interest rate that changes annually in February. The term of the loan is 7 years.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9151 and authorize the City Manager to execute the loan documents.

Motion carried 4-0.

Inconsistencies in enumeration and having street names that are unacceptable in today's data standards put Parkdale at the top of the City's priority list for enumeration re-alignment and street identification review. The local Postal Service, local government 911 committee, City/County Planning Department and the Housing Authority worked cooperatively in re-aligning the entire address scheme and establishing acceptable street name identifications for the Parkdale housing area.

To achieve the result needed by the Postal Service and Enhanced 911 in these re-alignment efforts it was necessary to re-name the road network within the Parkdale area to totally eliminate areas that were creating problems for technical and automated services the City provides. The two streets in the Parkdale area to be renamed were:

Commissioner Beecher moved, seconded by Commission Hinz, that the City Commission accept Ordinance 2798 on first reading and set the final reading for April 17, 2001.

Herb Sobeczek, 121 11th Street, expressed concern about the cost of renaming streets.

Motion carried 4-0.

CONSENT AGENDA

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Herb Sobeczek, 121 11th Street asked how many bids were received for the water treatment plant chemicals. Public Works Director Jim Rearden, replied that all three chemicals received three bids.

Motion carried 4-0.

CITY MANAGER

CITY COMMISSION

PETITIONS AND COMMUNICATIONS

ADJOURNMENT