Commission Minutes June 4, 2002

JOURNAL OF COMMISSION PROCEEDINGS
June 4, 2002

Regular City Commission Meeting

Mayor Gray presiding

CALL TO ORDER: 7:15 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 Library, State Fair, Community Development, Park and Recreation, Public Works, Police, Acting Fire, Planning, Fiscal Services and the Deputy City Clerk.

PUBLIC HEARINGS

Res. 9240, annexation, Ord. 2824, Establish City Zoning. T20N, R3E, Sec. 15. Adopted.

1.&2.

RESOLUTION 9240 TO ANNEX A 3.959 ACRE TRACT OF STATE LAND ON 14TH ST. SW, ORDINANCE 2824 TO ESTABLISH CITY ZONING ON A 3.959 ACRE TRACT OF STATE LAND ON 14TH ST. SW ALSO KNOWN AS TOWNSHIP 20 N, RANGE 3 E, SECTION 15

[ Staff Report 1 ] [ Res. 9240 ] [ Staff Report 2 ] [ Ord. 2824 ] [*]

City/County Planning Director Bob Horne gave a staff report that stated the State Department of Natural Resources and Conservation will be leasing subject property to a party planning on constructing a 98 room Hampton Inn on the site. It was staff's recommendation to adopt the Resolution to annex and the Ordinance to establish zoning on the 3.959 acre tract of State land.

Mayor Gray opened the joint public hearing on Resolution 9240 and Ordinance 2824.

Larry Lambert of Missoula spoke in favor of Resolution to annex and the Ordinance to establish City zoning. He said that the Hampton Inn would be an asset to Great Falls.

There being no one further to speak in favor of or opposition of Resolution 9240 and Ordinance 2824, Mayor Gray declared the joint public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Beecher, that the City Commission adopt annexation Resolution 9240 and approve the Annexation Agreement, both related to the 3.959 acre tract of State land on 14th Street Southwest.

Motion Carried 5-0.

Deed City owned land to MDOT. T20N, R3E, Sec. 2. (OF 1188) Approved.

DEED CITY-OWNED LAND IN NW1/4, SW 1/4, SECTION 2, T20N, R3E. (OF 1188).

[ Staff Report 3 ]

Staff reported that MDT and the City have been working for approximately 5 years for the widening and landscaping project on 6th Street NW. In addition to being able to better control the flow of traffic and turning movements, a general scenic improvement of the corridor from Central Avenue West to the North West Bypass would result.

The project is scheduled to bid in late 2002 with construction during the summer of 2003. Construction would be halted State Fair week during the summer of 2003.

The OCCGF 3.04.080, allows for the sale, trade, donation or lease of real property to other government entities without the need for an appraisal or advertising for bids. However, if by grant or donation, the property must be retained for a direct or perpetual public benefit or use. Further, a four-fifths vote of the City Commission is required after a public hearing has been advertised and held. Since the land will be retained by the State for public use, the stated requirements will be satisfied.

Additionally, compensation is being made for the property. The compensation includes access control. This means that only one driveway access with right turn ingress only will be allowed to the Fire Station.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition of deeding the land to MDOT. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the deed of City-owned land along 6th Street NW , adjacent to Fire Station #2 to the MDOT for public use.

Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9241. Intent to annex 4th Supplement to Skyline Heights Addition. Adopted. Set public hearing for July 16, 2002.

RESOLUTION 9241, INTENT TO ANNEX 4TH SUPPLEMENT TO SKYLINE HEIGHTS ADDITION.

[ Staff Report 4 ] [ Res. 9241 ]

Two years ago, the City and County Commissioners conditionally approved the preliminary plat of 2nd, 3rd, 4th and 5th Supplements to Skyline Heights Addition. The preliminary plat consists of 38 single-family residential lots located south of 36th Avenue Northeast and east of 9th Street Northeast. The final plat of 2nd Supplement to Skyline Heights Addition, consisting of 11 lots, and 3rd Supplement, consisting of 9 lots, have been approved and annexed to the City. The developers of the subdivision, Joe Aline and Gene Shumaker, wanted to complete the plat and annexation for 4th Supplement to Skyline Heights Addition. The subdivision includes 8 single-family residential lots and a dedicated segment of 35th Avenue Northeast.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9241 and set a public hearing for July 16, 2002.

Motion carried 5-0.

Ord. 2826. Establish City zoning on 4th Supplement to Skyline Heights Addition. Accepted on first reading and set public hearing for July 16, 2002.

ORDINANCE 2826, ESTABLISH CITY ZONING UPON 4TH SUPPLEMENT TO SKYLINE HEIGHTS ADDITION.

[ Staff Report 5 ] [ Ord. 2826 ]

Two years ago, the City and County Commissioners conditionally approved the preliminary plat of 2nd, 3rd, 4th and 5th Supplements to Skyline Heights Addition. The preliminary plat consists of 38 single-family residential lots located south of 36th Avenue Northeast and east of 9th Street Northeast. The final plat of 2nd Supplement to Skyline Heights Addition, consisting of 11 lots, and 3rd Supplement, consisting of 9 lots, have been approved and annexed to the City. The developers of the subdivision, Joe Aline and Gene Shumaker, wanted to complete the plat and annexation for 4th Supplement to Skyline Heights Addition. The subdivision includes 8 single family residential lots and a dedicated segments of 35th Avenue Northeast.

Subject property is presently zoned in the County as "A" Agricultural District, and the applicant has requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2826 on first reading and set a public hearing for July 16, 2002.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

Minutes, May 21, 2002 Commission meeting.

Total Expenditures of $968,859 for the period of May 10 - 20, 2002 to include claims over $500, in the amount of $916,000. [ Staff Report 7 ]

Contracts List. [ Staff Report 8 ]

Set public hearing for June 18, 2002, on Resolution 9237, cost recovery at GF Original Townsite, B459, L1 also known as 700 5 Avenue South. [ Staff Report 9 ] [ Res. 9237 ]

10.

Set public hearing for June 18, 2002, on Resolution 9238, cost recovery at GF Original Townsite, B409, L5 also known as 914 ½ 2 Avenue South. [ Staff Report 10 ] [ Res. 9238 ]

11.

Set public hearing for June 18, 2002, on Resolution 9236, Annual Budget Resolution, and Resolution 9235, Intent to Increase Property Tax. [ Staff Report 11 ] [ Res. 9236 ] [ Res. 9235 ]

12.

Award bid to supply asphaltic concrete material to Great Falls Redi-Mix of Great Falls in the amount of $466,650. [ Staff Report 12 ]

13.

Award bid for 3/8' crushed seal coat aggregate to United Materials of Great Falls in the amount of $12.65 per ton delivered to the Public Works Complex. [ Staff Report 13 ]

14.

Approve labor agreement with the International Association of Fire Fighters, Local #8. [ Staff Report 14 ]

15.

Approve final payment for the 2001 ADA CDBG Handicap Ramp Installation project to Lapke Construction LLC and the State Miscellaneous Tax Division in the amount of $17,724.25. (OF 1316.2) [ Staff Report 15 ]

16.

Approve cancellation of July 2, 2002 regular Commission meeting. [ Staff Report 16 ]

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

Motion carried 5-0.

BOARDS AND COMMISSIONS

Reappointment of Lane King to the State Fair Advisory Board.

17.

APPOINTMENT, STATE FAIR ADVISORY BOARD

[ Staff Report 17 ]

Lane King was appointed to the State Fair Advisory Board on March 20, 2001, to fill the remainder of the term vacated by Iver Johnson. Mr. King's term expires on June 30, 2002; therefore, it is necessary to reappoint him to the Board.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Lane King to the State Fair Advisory Board for a three-year term beginning July 1, 2002, and expiring June 30, 2005.

Motion carried 5-0.

Reappointment of Jill Santy to the Library Board.

18.

APPOINTMENT, LIBRARY BOARD

[ Staff Report 18 ]

The Library Board oversees the Library policies and operations including book policies and service to the City, County, and pathfinder Federation of Libraries. Members serve for five-year terms, but no more than two full terms in succession. Jill Santy's current term expires on June 30, 2002. Ms. Santy was interested in and eligible for reappointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Jill Santy to the Library Board for a five-year term beginning July 1, 2002, and expiring June 30, 2007.

Motion carried 5-0.

CITY MANAGER

City Manager absence from office.

21.

John Lawton stated that he would be leaving for Central Asia, and that in his absence, Cheryl Patton would be acting City Manager.

CITY COMMISSION

ICMA's International Award.

22.

Mayor Randy Gray announced that City Manager John Lawton was chosen to receive the ICMA's International Award in Memory of Orin F. Nolting. This award recognized a chief administrator for furthering the cause of international understanding and cooperation by successfully adopting a program from another country; becoming actively involved in exchanges, sister-cities activities, or educational/cultural activities with another country; or establishing a relationship with a local government from another country that resulted in innovative, concrete management improvements. John Lawton will be presented the award in Philadelphia this September.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of June 4, 2002 adjourned at 7:40 p.m.

/S/
Randall H. Gray, Mayor

/S/
Melodi A. Wald, Deputy City Clerk

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

	PUBLIC HEARINGS
Res. 9240, annexation, Ord. 2824, Establish City Zoning. T20N, R3E, Sec. 15. Adopted.	1.&2. RESOLUTION 9240 TO ANNEX A 3.959 ACRE TRACT OF STATE LAND ON 14TH ST. SW, ORDINANCE 2824 TO ESTABLISH CITY ZONING ON A 3.959 ACRE TRACT OF STATE LAND ON 14TH ST. SW ALSO KNOWN AS TOWNSHIP 20 N, RANGE 3 E, SECTION 15 [ Staff Report 1 ] [ Res. 9240 ] [ Staff Report 2 ] [ Ord. 2824 ] [] City/County Planning Director Bob Horne gave a staff report that stated the State Department of Natural Resources and Conservation will be leasing subject property to a party planning on constructing a 98 room Hampton Inn on the site. It was staff's recommendation to adopt the Resolution to annex and the Ordinance to establish zoning on the 3.959 acre tract of State land. Mayor Gray opened the joint public hearing on Resolution 9240 and Ordinance 2824. Larry Lambert* of Missoula spoke in favor of Resolution to annex and the Ordinance to establish City zoning. He said that the Hampton Inn would be an asset to Great Falls. There being no one further to speak in favor of or opposition of Resolution 9240 and Ordinance 2824, Mayor Gray declared the joint public hearing closed. Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Beecher, that the City Commission adopt annexation Resolution 9240 and approve the Annexation Agreement, both related to the 3.959 acre tract of State land on 14th Street Southwest. Motion Carried 5-0.
Deed City owned land to MDOT. T20N, R3E, Sec. 2. (OF 1188) Approved.	3. DEED CITY-OWNED LAND IN NW1/4, SW 1/4, SECTION 2, T20N, R3E. (OF 1188). [ Staff Report 3 ] Staff reported that MDT and the City have been working for approximately 5 years for the widening and landscaping project on 6th Street NW. In addition to being able to better control the flow of traffic and turning movements, a general scenic improvement of the corridor from Central Avenue West to the North West Bypass would result. The project is scheduled to bid in late 2002 with construction during the summer of 2003. Construction would be halted State Fair week during the summer of 2003. The OCCGF 3.04.080, allows for the sale, trade, donation or lease of real property to other government entities without the need for an appraisal or advertising for bids. However, if by grant or donation, the property must be retained for a direct or perpetual public benefit or use. Further, a four-fifths vote of the City Commission is required after a public hearing has been advertised and held. Since the land will be retained by the State for public use, the stated requirements will be satisfied. Additionally, compensation is being made for the property. The compensation includes access control. This means that only one driveway access with right turn ingress only will be allowed to the Fire Station. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition of deeding the land to MDOT. Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the deed of City-owned land along 6th Street NW , adjacent to Fire Station #2 to the MDOT for public use. Motion carried 5-0.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Res. 9241. Intent to annex 4th Supplement to Skyline Heights Addition. Adopted. Set public hearing for July 16, 2002.	4. RESOLUTION 9241, INTENT TO ANNEX 4TH SUPPLEMENT TO SKYLINE HEIGHTS ADDITION. [ Staff Report 4 ] [ Res. 9241 ] Two years ago, the City and County Commissioners conditionally approved the preliminary plat of 2nd, 3rd, 4th and 5th Supplements to Skyline Heights Addition. The preliminary plat consists of 38 single-family residential lots located south of 36th Avenue Northeast and east of 9th Street Northeast. The final plat of 2nd Supplement to Skyline Heights Addition, consisting of 11 lots, and 3rd Supplement, consisting of 9 lots, have been approved and annexed to the City. The developers of the subdivision, Joe Aline and Gene Shumaker, wanted to complete the plat and annexation for 4th Supplement to Skyline Heights Addition. The subdivision includes 8 single-family residential lots and a dedicated segment of 35th Avenue Northeast. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9241 and set a public hearing for July 16, 2002. Motion carried 5-0.
Ord. 2826. Establish City zoning on 4th Supplement to Skyline Heights Addition. Accepted on first reading and set public hearing for July 16, 2002.	5. ORDINANCE 2826, ESTABLISH CITY ZONING UPON 4TH SUPPLEMENT TO SKYLINE HEIGHTS ADDITION. [ Staff Report 5 ] [ Ord. 2826 ] Two years ago, the City and County Commissioners conditionally approved the preliminary plat of 2nd, 3rd, 4th and 5th Supplements to Skyline Heights Addition. The preliminary plat consists of 38 single-family residential lots located south of 36th Avenue Northeast and east of 9th Street Northeast. The final plat of 2nd Supplement to Skyline Heights Addition, consisting of 11 lots, and 3rd Supplement, consisting of 9 lots, have been approved and annexed to the City. The developers of the subdivision, Joe Aline and Gene Shumaker, wanted to complete the plat and annexation for 4th Supplement to Skyline Heights Addition. The subdivision includes 8 single family residential lots and a dedicated segments of 35th Avenue Northeast. Subject property is presently zoned in the County as "A" Agricultural District, and the applicant has requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2826 on first reading and set a public hearing for July 16, 2002. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 6. Minutes, May 21, 2002 Commission meeting. 7. Total Expenditures of $968,859 for the period of May 10 - 20, 2002 to include claims over $500, in the amount of $916,000. [ Staff Report 7 ] 8. Contracts List. [ Staff Report 8 ] 9. Set public hearing for June 18, 2002, on Resolution 9237, cost recovery at GF Original Townsite, B459, L1 also known as 700 5 Avenue South. [ Staff Report 9 ] [ Res. 9237 ] 10. Set public hearing for June 18, 2002, on Resolution 9238, cost recovery at GF Original Townsite, B409, L5 also known as 914 ½ 2 Avenue South. [ Staff Report 10 ] [ Res. 9238 ] 11. Set public hearing for June 18, 2002, on Resolution 9236, Annual Budget Resolution, and Resolution 9235, Intent to Increase Property Tax. [ Staff Report 11 ] [ Res. 9236 ] [ Res. 9235 ] 12. Award bid to supply asphaltic concrete material to Great Falls Redi-Mix of Great Falls in the amount of $466,650. [ Staff Report 12 ] 13. Award bid for 3/8' crushed seal coat aggregate to United Materials of Great Falls in the amount of $12.65 per ton delivered to the Public Works Complex. [ Staff Report 13 ] 14. Approve labor agreement with the International Association of Fire Fighters, Local #8. [ Staff Report 14 ] 15. Approve final payment for the 2001 ADA CDBG Handicap Ramp Installation project to Lapke Construction LLC and the State Miscellaneous Tax Division in the amount of $17,724.25. (OF 1316.2) [ Staff Report 15 ] 16. Approve cancellation of July 2, 2002 regular Commission meeting. [ Staff Report 16 ] Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission approve the Consent Agenda as printed. Motion carried 5-0.
	BOARDS AND COMMISSIONS
Reappointment of Lane King to the State Fair Advisory Board.	17. APPOINTMENT, STATE FAIR ADVISORY BOARD [ Staff Report 17 ] Lane King was appointed to the State Fair Advisory Board on March 20, 2001, to fill the remainder of the term vacated by Iver Johnson. Mr. King's term expires on June 30, 2002; therefore, it is necessary to reappoint him to the Board. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Lane King to the State Fair Advisory Board for a three-year term beginning July 1, 2002, and expiring June 30, 2005. Motion carried 5-0.
Reappointment of Jill Santy to the Library Board.	18. APPOINTMENT, LIBRARY BOARD [ Staff Report 18 ] The Library Board oversees the Library policies and operations including book policies and service to the City, County, and pathfinder Federation of Libraries. Members serve for five-year terms, but no more than two full terms in succession. Jill Santy's current term expires on June 30, 2002. Ms. Santy was interested in and eligible for reappointment. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Jill Santy to the Library Board for a five-year term beginning July 1, 2002, and expiring June 30, 2007. Motion carried 5-0.
	CITY MANAGER
City Manager absence from office.	21. John Lawton stated that he would be leaving for Central Asia, and that in his absence, Cheryl Patton would be acting City Manager.
	CITY COMMISSION
ICMA's International Award.	22. Mayor Randy Gray announced that City Manager John Lawton was chosen to receive the ICMA's International Award in Memory of Orin F. Nolting. This award recognized a chief administrator for furthering the cause of international understanding and cooperation by successfully adopting a program from another country; becoming actively involved in exchanges, sister-cities activities, or educational/cultural activities with another country; or establishing a relationship with a local government from another country that resulted in innovative, concrete management improvements. John Lawton will be presented the award in Philadelphia this September.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of June 4, 2002 adjourned at 7:40 p.m.

JOURNAL OF COMMISSION PROCEEDINGSJune 4, 2002

PUBLIC HEARINGS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

CONSENT AGENDA

BOARDS AND COMMISSIONS

CITY MANAGER

CITY COMMISSION

ADJOURNMENT

JOURNAL OF COMMISSION PROCEEDINGS
June 4, 2002