JOURNAL OF COMMISSION PROCEEDINGS
November 6, 2002

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIENCE

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

SWEARING IN: Mayor Gray performed a swearing in ceremony for Bill Maronick who is a new Neighborhood Council 1 member.

PUBLIC HEARINGS

Gibson Park (T20N R3E Sec 1. Sale of a portion. Public hearing rescheduled for November 19, 2002.
1.
SALE OF A PORTION OF GIBSON PARK – T20N R3E SECTION 1 SW ¼

Prior to the relocation of the Park and Recreation Department complex, this property was used to house a storage building for Park Maintenance and for additional staff parking. Since the move of the Park and Recreation operation to its present location, the property has not been used. Staff does not foresee any further use of the property for park or any other purpose.

OCCGF 3.04, as it pertains to the sale of park property, requires that the Park and Recreation Board review the sale of park property and make a recommendation to the City Commission. At its September 9, 2002 meeting, the Park and Recreation Board recommended approval of the sale to the City Commission.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission reschedule the public hearing on the proposed sale of .27 acres of Gibson Park in T20NR3E Sec 1 SW ¼ for November 19, 2002.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Joint Resolution 9264, amending Joint Resolution 9220, Native American Local Government Commission. Adopted.
2.
JOINT RESOLUTION 9264, JOINT RESOLUTION AMENDING JOINT RESOLUTION 9220, COMPOSITION OF THE NATIVE AMERICAN LOCAL GOVERNMENT COMMISSION

In March 2002, the City and Cascade County Commissions adopted a joint resolution establishing a Native American Local Government Commission. The purpose of the Commission was to serve as a local "point of contact" for all local City and County government departments representing the Native American community.

The Commission comprises three standing members (Indian Heritage Association Director, Indian Family Clinic Director, Indian Education Program Director), four rotating members with staggered terms (1 to 4 years) as recommended by the standing members (who review applications), two County appointed members and two City appointed members.

The Native American Local Government Commission requested a minor modification to amend the composition of the standing members. The Commission requested that the composition include the highest ranking Native American officer in the Great Falls Public Education system along with existing standing member representation by the Indian Heritage Association Director and the Indian Family Clinic Director.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9264.

Motion carried 5-0.
 

Res. 9270, intent to vacate a segment of right-of-way near Fair Acreage Tracts, Block 1, Lot 8. Adopted.
3.
RESOLUTION 9270, INTENTION TO VACATE A SEGMENT OF RIGHT OF WAY ALONG THE WEST BOUNDARY OF 6TH STREET NORTHWEST

Plans to reconstruct 6th Street Northwest between Central Avenue West and the Northwest Bypass have been prepared. As a result of the planned reconstruction, a small triangular area along the west boundary of 6th Street Northwest was deemed as excess right of way.

The planned vacation was actually a part of a land swap. The subject right-of-way, upon vacation, would be integrated into the adjoining property occupied by Poulsen's. The owner of Poulsen's (BMC West Corporation) would provide a nearly equal amount of property to enhance off-street parking for Shining Mountain Images (726 6th Street Northwest) whose existing parking along 6th Street Northwest would be eliminated by the reconstruction.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9270 and set 7:00 p.m., November 19, 2002, as the time for the public hearing.

Motion carried 5-0.
 

Consent Agenda
Approved as printed.

CONSENT AGENDA

4.
5.
Total Expenditures of $2,381,508 for the period of October 1-23, 2002, to include claims over $500, in the amount of $2,310,969. [ Staff Report 5 ]
6.
Set public hearing for November 19, 2002, on Resolution 9260, assess property owners for the installation of certain improvements on James Avenue. [ Staff Report 6 ] [ Res. 9260 ]
7.
Approve cancellation of outstanding, unpaid checks. [ Staff Report 7 ]
8.
Award construction contract: 2002 CDBG Sidewalk Replacements to New Era Construction in the amount of $25,000. (OF 1351.2) [ Staff Report 8 ]
9.
Award construction contract: 7th Avenue North Water Main Installation to Falls Construction Company in the amount of $24,136. (OF 1372) [ Staff Report 9 ]
10.
Approve change order 1 for the Waste Water Treatment Plant Solids Handling Project to Sletten Construction Company in the amount of $79,555. (OF 1176.1) [ Staff Report 10 ]
11.
Approve change order 1 for $1,520.94; final payment for $159,771.68; both to Williamson Fencing, Inc.; and payment to the State Miscellaneous Tax Division for $1,613.86 for the Fairgrounds Sidewalk and Landscaping Improvements project. (OF 1126.7) [ Staff Report 11 ]
12.
Approve the purchase of Highland Park Addition, Block 1, Lots 1-12 in the amount of $66,500. [ Staff Report 12 ]
13.
Postpone bid award for one new 2003 Skid Steer Loader to allow time to analyze bids. [ Staff Report 13 ]
14.
Award bid for two new 2003 extended cab ¼ ton pickups to City Motor Company in the amount of $28,182 and reject trade-in offers. [ Staff Report 14 ]
15.
Award bid for one new 2003 one-ton truck with dump body to City Motor Company in the amount of $24,570, which includes a trade-in offer of $6,000. [ Staff Report 15 ]

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Great Falls Transit District Board reappointment.
16.
REAPPOINTMENT, GREAT FALLS TRANSIT DISTRICT BOARD

James Bellessa was appointed to the Great Falls Transit District Board for a four-year term in 1998. Mr. Bellessa's term expires on November 30, 2002. Mr. Bellessa was interested in and eligible for reappointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission reappoint James Bellessa to the Great Falls Transit District Board for a second four-year term expiring November 30, 2006.

Motion Carried 5-0.
 

Upper Missouri Lewis & Clark Bicentennial Commission. Appoint Fisher and England.
17.
APPOINTMENTS, UPPER MISSOURI LEWIS AND CLARK BICENTENNIAL COMMISSION

The Upper Missouri Lewis & Clark Bicentennial Commission was created to act as promoters and coordinators for the upcoming bicentennial of the Lewis & Clark Expedition. The Commission consists of nine members, with the City of Great Falls, Cascade County, and Chouteau County each making three appointments. The Commission will remain in existence through the year 2006. Mike Gamble and Phil Scriver resigned from the Commission, therefore, it was necessary to appoint two members to fill the remainder of their terms.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Gayle Fisher and Mary England to the Lewis & Clark Bicentennial Commission for terms through December 31, 2006.

Motion carried 5-0.
 

West Ridge Addition, Preliminary Plat. Approved.
18.
PRELIMINARY PLAT, WEST RIDGE ADDITION

West Ridge Addition encompasses 38 acres, is located north and west of Skyline Education Center and consists of 113 proposed single family residential lots and extended portions of 1st and 2nd Street Northeast and 32nd, 33rd, 34th, 35th and 36th Avenues Northeast. The subdivision would be annexed to the City in phases over the next several years with Phase 1, located north of the Skyline Education Center, consisting of 24 lots.

The Planning Office was in receipt of applications from G & M Properties regarding the following: 1) Preliminary Plat of West Ridge Addition, located in the NW ¼, NE ¼ of Section 35, Township 21 North, Range 3 East, Cascade County, Montana and 2) Rezoning each phase of the Preliminary Plat as it is annexed to the City from the current County "R-2" Low Density Residential District to the City "A" Residence Use, "A" or "B" Area District.

The City/County Planning Board conducted a public hearing on the preliminary plat on October 22, 2002. No proponents or opponents spoke, nor was there any public comments presented other than from Gary Knudson, representing the applicant. At the conclusion of the public hearing, the City/County Planning Board unanimously passed a motion recommending the governing bodies approve the preliminary plat of West Ridge Addition and the accompanying Findings of Fact subject to the following conditions being fulfilled by the applicant:

  1. The final plat of each phase shall incorporate correction of any errors or omissions noted by staff including any appropriate modification to Lot 1, Block 5, to allow sufficient right of way to match the centerline for 32nd Avenue Northeast.
  2. The final engineering drawings and specifications for the required public improvements to serve each phase shall be submitted to the Public Works Department for review and approval prior to finalization of each phase. The improvement of that portion of Second Street Northeast along the west side of Skyline School Addition shall be included in Phase 1.
  3. An Annexation Agreement shall be prepared containing terms and conditions for annexation of each phase of the subdivision including agreement by the applicant to install, within two years of the date of annexation of each phase of the subdivision, and the public improvements required to serve that phase.
  4. All applicable fees owed as a condition of plat or annexation approval shall be paid as each subdivision phase is final platted and annexed, including: annexation application fee, final plat fee, annexation agreement fee, annexation resolution fee, storm sewer fee to be determined, reimbursement for proportionate share of cost of NE Regional Storm Water Retention Facility, reimbursement for proportionate share of off-site storm sewer piping system between the north boundary of subdivision and the Retention Facility, fee in lieu of park land dedication, recording fees for annexation documents, and reimbursement to the developer of Skyline Park Addition, Phase 9, for one-half of the costs for street related improvements and water main in that portion of 3rd St. NE abutting subdivision.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission approve the preliminary plat of West Ridge Addition and the accompanying Findings of Fact, subject to fulfillment of conditions stipulated by the City/County Planning Board.

Motion carried 5-0.
 

CITY COMMISSION

Election
22A.
Commissioner Hinz congratulated all the candidates in yesterday's election and thanked them for their willingness to work for the betterment of the community.
Excess Watering Ordinance
22B.
Mayor Gray stated that he would like staff to consider writing an "excess watering ordinance."

PETITIONS AND COMMUNICATIONS

Paintball Tournament Proclamation
23A.
Morgan Wolfe asked the City Commission to consider a proclamation of support for a paintball tournament he is coordinating to be held on February 22, 2003, at Montana ExpoPark.

ADJOURNMENT

Adjourn There being no further business to come before the City Commission, the regular meeting of November 6, 2002, adjourned at 7:35.p.m. Mayor Gray stated that pursuant to MCA 2-3-203 and upon request of the City Manager, the City Commission meeting was hereby closed to discuss litigation strategy concerning threatened legal action over the proposed Town Pump Lounge and Casino at 1605 Fox Farm Road. Depending on the outcome of the discussion in Executive Session, the City Commission may reconvene the regular City Commission meeting.

 

RECONVENE

Town Pump

At 9:10 pm the City Commission reconvened the meeting. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission rescind the action suspending permit number 02-2600 for the Town Pump project at 1605 Fox Farm Road and direct the building official to reinstate the building permit for purposes of a commercial building inclusive of the existing variance. The City will proceed with initiating the zone change from Local Business to General Commercial as previously noticed to property owners.

Motion carried 5-0.

There being no further business before the City Commission, Mayor Gray adjourned the meeting at 9:15 pm.


/S/
Mayor Randy Gray

/S/
Peggy Bourne, City Clerk


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


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