JOURNAL OF COMMISSION PROCEEDINGS
November 6, 2001

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

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

PROCLAMATION

PUBLIC HEARINGS

Res. 9195, Annexing a 17,112 square foot area of land in the SW ¼ of T20N, R3E, Section 15. Adopted.

Ord. 2809, zoning of 17,112 square foot area of land in the SW ¼ of T20N, R3E, Section 15. Adopted.

1.
RESOLUTION 9195, ANNEXATION OF 17,112 SQ. FT. AREA OF LAND IN T20N, R3E, SECTION 15.
2.
ORDINANCE 2809, ESTABLISH CITY ZONING ON 17,112 SQ. FT. AREA OF LAND IN T20N, R3E, SECTION 15.

On October 2, 2001, the City Commission adopted Resolution 9193, setting a public hearing for November 6, 2001, to consider the annexation of 17,112 square feet of land area to be combined with a presently incorporated area occupied by a single family dwelling addressed as 2614 14th Street Southwest.

Property owner Jack Russell submitted applications regarding the following: 1) Annexation of approximately 17,112 square feet of land in the SW ¼ of Section 15, T20N, R3E, Cascade County, Montana to the City of Great Falls. 2) Rezoning the approximate 17,112 square feet requested to be annexed to the City from the current County "R-1" Suburban Residential District to the City "A" Residence Use, "A" Area District.

Said approximate 17,112 square feet requested to be annexed to the City is located immediately north of the house owned and occupied by the applicant and addressed as 2614 14th Street Southwest. The 236.29 feet x 72.42 feet area requested to be annexed will be combined with an adjoining incorporated area occupied by the applicant's home to make a saleable parcel totaling 45,828 square feet or 1.05 acres.

Jack Russell presently owns Parcel No. E2, which is 2 acres in area and is within the city limits and Parcel No. E which is 3.718 acres in area and is outside the City. Mr. Russell desires to take the westerly 236.29 feet of both parcels and combine them into a single tract of land. The Russell home, driveway, and yard space presently occupy this area. To create a saleable parcel not split by the city limits, it is necessary to annex subject 17,112 square feet. The remainder of Parcel No. E2 as well as Parcel No. E will remain vacant until plans for further development of the area are defined.

A City water main is located along the west boundary of subject property and a City sanitary sewer main is located along the south boundary. The existing home owned by the applicant and abutting the south boundary of the area requested to be annexed is presently served by City water and a private individual sewage disposal system.

Access to proposed Parcel No. 1 and the Russell home is provided through a 30-foot easement connected to 14th Street Southwest.

Mr. Russell is also providing a 30 foot utility easement along the north side of the area being annexed to accommodate a possible future water main.

A resurvey of the applicant's property will be completed and filed in conjunction with the annexation. The resurvey will combine the 17,112 square feet area being annexed with the westerly 236.29 feet of Parcel No. E2 and show the remainder incorporated portion of Parcel No. E2 and the unincorporated Parcel No. E less its westerly 236.29 feet.

The Planning Board conducted a public hearing on the annexation on September 11, 2001. No proponents or opponents spoke during the hearing.

At the conclusion of the public hearing, the Planning Board unanimously passed a motion recommending the City Commission annex the subject 17,112 square feet area owned by Jack Russell in Sec. 15, T20N, R3E, Cascade County, Montana, and apply a zoning classification of "A" Residence Use, "A" Area District, to same, subject to the following conditions being fulfilled by the applicant: 1) payment of all applicable fees owed as a condition of annexation approval including: Resolution of Annexation Fee, Storm Sewer Fee, Recording fees, filing a resurvey of applicant's property to combine the 17,112 square feet area being annexed with the westerly 236.29 feet of Parcel No. E2; and provide updated descriptions of unincorporated Parcel E and the remainder incorporated portion of Parcel No. E2 accompanied by a statement that no structures shall be permitted until adequate City water service is made available to subject property.

It is understood the terms and conditions in the Annexation Agreement entered into in 1984 for the existing Parcel No. E2 will remain in full force and effect.

Ordinance 2809 assigns a zoning classification of "A" Residence Use, "A" Area District, to a 17,112 square foot area of land in T20N, R3E, Section 15, upon annexation of same to City.

Mayor Gray declared the public hearing open.

Linda Stirling, 2614 14th St. SW, daughter of Jack Russell, spoke in support of Res. 9195 and Ord. 2809. No one spoke in opposition to Res. 9195 or Ord. 2809. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9195 annexing 17,112 square feet of land in Section 15, T20N, R3E.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2809.

Motion carried 5-0.
 

Lease, Sandhills Park to Great Falls BMX Association. Approved.
3.
LEASE OF SANDHILLS PARK TO GREAT FALLS BMX ASSOCIATION.

The Great Falls BMX Association requested the City continue their lease of approximately 2 acres of Sandhills Park. The new three-year lease is similar to previous leases with the club and will have a rental fee of $150 per year. The Association would be responsible for all maintenance and upkeep of the facility. At their October 8, 2001, meeting, the Park and Recreation Board recommended approval by the City Commission of this lease.

Mayor Gray declared the public hearing open.

Sandra Ranieri, 3408 4th Avenue North, Kelly and Mario Martinez, 511 5th Avenue North, spoke in support of the proposed Lease. No one spoke in opposition to the lease. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the lease for a potion of Sandhills Park with the Great Falls BMX Association and authorize the City Manager to execute lease.

Motion carried 5-0.
 

Ord. 2810, Amending Building & Construction Codes Pertaining to Title 15. Adopted.
4.
ORD. 2810, AMENDING BUILDING & CONSTRUCTION CODES PERTAIING TO TITLE 15, CHAPTERS 01 -- BUILDING CODE; 08 MECHANICAL CODE; 09 PLUMBING CODE AND 10 ELECTRICAL CODE.

State law now allows local governments with code enforcement programs to adopt the most recent codes adopted by the State by administrative action. To do this, the local government must create an ordinance authorizing the adoption of a building code by administrative action containing at a minimum: (a) the type of codes which will be enforced; (b) the individual, identified by position title, who has the authority to sign the administrative action; and (c) whether the administrative action authority applies to discretionary provisions such as fee structures or the adoption of optional appendix chapters.

In the past, Administrative Rules of the State of Montana required that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. The codes adopted by local governments must be the same edition with the same amendments as those adopted by the State. Local governments must notify the State in writing when the updated codes have been adopted and are being enforced. Such adoption and notification may now be made by administrative action.

Past city commissions have questioned the necessity of holding public hearings on adopting ordinances for the latest codes, when in reality, they did not have a choice in the matter. The State agreed that it was a redundant process and has allowed, by administrative rule, that local governments may adopt the latest codes by administrative action.

Mayor Gray declared the public hearing open. No one spoke in support of or opposition to Ord. 2810. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2810 on final reading.

Motion carried 5-0.
 

Deed City-Owned Land, T20N, R3E, Section 21, to the Montana Department of Transportation. Approved.
5.
DEED CITY-OWNED LAND, T20N, R3E, SECTION 21 TO THE MONTANA DEPARTMENT OF TRANSPORTATION.

In order to accommodate the widening and general upgrade of the I-15 off-ramp and Airport Drive between I-15 and the Airport terminal building, Montana Department of Transportation has requested that the City deed a sliver of City-owned property on which the Flight Service Center is located. The approximately 2,180 square feet of land involved does not harm the function of the property. The City will be compensated $1,800 for the property and access control.

Mayor Gray declared the public hearing open. No one spoke in support of or opposition to the deed. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the deed of City-owned land along Airport Drive to the Montana Department of Transportation (MDT) for public use.

Motion carried 5-0.
 

Deed City-Owned Land, T20N, R4E, Section 3, to the Malmstrom Air Force Base. Approved.
6.
DEED CITY-OWNED LAND, T20N, R4E, SECTION 3 TO MALMSTROM AIR FORCE BASE.

In order to accommodate pedestrian safety and base security concerns by Malmstrom Air Force Base, the Cascade County Commission vacated portions of 10th Avenue North and 67th Street North. A title search found that the City is the recorded owner of the vacated portion of 67th Street North. MAFB requested the City deed the vacated portion to the United States of America for incorporation into the air base property for continued public use.

Mayor Gray declared the public hearing open.

Major Jennifer Donical (sp), on behalf of Malmstrom Air Force Base, spoke in support of the Deed. No one appeared to speak in opposition to the Deed. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the deed of two tracts of City owned land in Section 3, Township 20 North, Range 4 East, to Malmstrom Air Force Base for pubic use and authorize the Mayor to execute the necessary documents.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

Consent Agenda. Approved as printed.

CONSENT AGENDA

7.
8.
Total Expenditures of $1,213,829 for the period of October 18-23, 2001, to include claims over $500, in the amount of $1,154,538. [ Staff Report 8 ]
9.
Contracts list. [ Staff Report 9 ]
10.
Accepted "Nibbles" as the first piece of art in the downtown Discovery Gallery. [ Staff Report 10 ]
11.
Approved consulting agreement with Public Technology, Inc., as the first step toward developing a community strategic plan to address economic development issues. [ Staff Report 11 ]
12.
Approved agreement and partial release of restrictive covenants with the Great Falls Elk's Lodge No. 214 REGARDING Elk's Riverside Park. [ Staff Report 12 ]
13.
Approved transfer of inactive utility account, credit balances and unpaid checks (refunds) on utility accounts. [ Staff Report 13 ]
14.
Diesel contract to Farmers Union Oil Company of Great Falls for approximately $250,000 per year. [ Staff Report 14 ]
15.
Awarded bid for one new 2002 passenger van to Ronan Auto Body and Sales of Ronan, Montana, in the amount of $25,309 including trade-in. [ Staff Report 15 ]
16.
Awarded bid for one new 2002 three-quarter ton pickup to Ronan Auto Body and Sales of Ronan, Montana, in the amount of $18,769 including trade-in. [ Staff Report 16 ]
17.
Awarded bid for two new 2002 one-half ton pickups to Ronan Auto Body and Sales of Ronan, Montana, in the amount of $29,798 including trade-ins. [ Staff Report 17 ]
18.
Awarded bid for five new 2002 midsize sedans to Ronan Auto Body and Sales of Ronan, Montana, in the amount of $86,335 including trade-ins. [ Staff Report 18 ]
19.
Awarded bid for one new 2002 tandem axle dump truck to Motor Power Equipment of Billings in the amount of $73,738 including trade in. [ Staff Report 19 ]
20.
Rejected all bids for one new digital copier. [ Staff Report 20 ]
21.
Approved final payment to Planned and Engineered Construction and the State Miscellaneous Tax Division in the amount of $4,460.75 for the 1998 Sewer Rehabilitation, Trenchless Application, Phase 6 (OF 1174.1). [ Staff Report 21 ]
22.
Approved engineering services agreement Amendment #1 for the Water Treatment Plant Backwash Clarification Project with Thomas, Dean, & Hoskins, Inc., to enable TDH to begin preliminary design followed by final design and construction management services (OF 1199.9). [ Staff Report 22 ]
23.
Approved engineering services agreement Amendment #1 for the WasteWater Treatment Plant Area Petroleum Contamination Study with Neil Consultants, Inc., for additional engineering services (OF 1176.2). [ Staff Report 23 ]
24.
Approved Reimbursable Agreement with the Western Federal Lands Highway Division for the 18th Avenue North and 52nd Street North Roadway Construction project which outlines the scope of the project and procedures for reimbursing the City's costs for the construction phase of the project (OF 1299). [ Staff Report 24 ]
25.
Awarded contract for WasteWater Treatment Plant Irrigation System Modifications to Tipperary Construction Company in the amount of $61,592.50 (OF 1258). [ Staff Report 25 ]
26.
Approved amended plat of Lot 1, Block 9, Broadwater Bay Business Park to subdivide a parcel of land at the intersection of 2nd Street South and Park Drive into two lots. [ Staff Report 26 ] [*]
27.
Approved Variance Request to the Boulevard Encroachment ordinance at 1425 11th Avenue South (Fairview Addition, L8, B6). [ Staff Report 27 ]
28.
Approved a $70,000 loan from the Insurance and Safety Internal Service Fund to the Golf Course Fund. [ Staff Report 28 ]

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

Motion carried 5-0.
 

CITY MANAGER

Fire Chief Hirose Resignation
31.
The City Manager reported that Fire Chief Jim Hirose has announced his plans for retirement effective November 15, 2001.

PETITIONS AND COMMUNICATIONS

Ambulance Issue
33.
Frank VanderSloot, addressed the Commission regarding the Ambulance issue discussed at the Work Session prior to this meeting. He was grateful that the Commission was not under pressure to make a hasty decision. He stated that safety is the primary issue; he would argue that cost is a factor; and he questioned the City competing with private enterprise.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of November 6, 2001, adjourned at 7:52 p.m.

/S/
Randall H. Gray, Mayor

/S/
Joyce Thares, Deputy City Clerk


* Non-text and electronically unavailable attachments are on file in the City Clerk's Office


Home => Records => Commission Minutes Listing Page => 2001 Commission Minutes