| Regular City Commission Meeting | Mayor Gray presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
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 Public Works, Fiscal Services, Park and Recreation, Community Development, Library, Fire, Police, Acting Director of Planning and the Deputy City Clerk.
PROCLAMATIONS: Youth Appreciation Week
Media Democracy Week
PUBLIC HEARINGS |
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| Res. 9287, Water, Sewer and Storm Drain rate and fee changes. Adopted. | 1.
RESOLUTION 9287, WATER, SEWER AND STORM DRAIN RATE AND FEE CHANGES.
[ Staff Report 1 ] [ Res. 9287 ]
Public Works Director Jim Rearden reported that each year staff reviewed and analyzed the financing needs of the Water, Sewer, and Storm Drain Funds. Staff determined the need for increases in the rates charged for water, sewer, and storm drain. These increases were necessary to meet existing bond covenants, provide funding for necessary capital improvements, and to maintain the level of service currently provided to the citizens of our city. The proposed water, sewer, and storm drain charges, rate structure, and fees were provided to the Commission by Operations Supervisor Martha Cappis. Ms. Cappis stated that with the proposed rates starting April 2003, the average residential utility bill would increase approximately 4.7% or $1.83 per month. This was derived from a water increase of 2%, a sewer increase of 8.1%, and a storm drain increase of 10%. This was only the second storm drain rate increase since its inception in 1989. The study discovered Malmstrom Air Force Base and the community of Black Eagle had not been adequately charged to cover costs. The phase in rates implemented in 2001 increased the rates gradually with 2003 being the last year of the transition period. The increase will be 10.6% for Malmstrom and 12.6% for Black Eagle. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9287. Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9287.
Motion carried 5-0.
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OLD BUSINESS |
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NEW BUSINESS |
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ORDINANCES/RESOLUTIONS |
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| Res. 9296, Annual Special Improvement District (SID) Revolving Fund analysis. Adopted. | 2.
RESOLUTION 9296 ANNUAL SPECIAL IMPROVEMENT DISTRICT (SID) REVOLVING FUND ANALYSIS.
[ Staff Report 2 ] [ Res. 9296 ]
Fiscal Services Director Coleen Balzarini reported that the annual analysis of the Special Improvement District (SID) Revolving Fund and Subsidiary Debt Service Funds showed that one (1) SID subsidiary fund had cash available to repay a loan from the SID Revolving fund. The projected June 30, 2003 SID Revolving Fund balance would be $463,151. This would be $392,520 above the minimum balance required by State Statute, and $141,239 below the amount allowed by IRS Arbitrage Standards related to maximum debt service reserves. Staff stated this balance provided adequate reserves within the SID Revolving Fund. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9296.
Motion carried 5-0.
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Res. 9297, intent to annex Redding Addition. Adopted. Public hearing set. Ord. 2848, establish zoning upon Redding Addition. Accepted on first reading and set public hearing for April 15, 2003. |
3.
RESOLUTION 9297, INTENT TO ANNEX REDDING ADDITION.
[ Staff Report 3 ] [ Res. 9297 ]
4.
ORDINANCE 2848, ESTABLISH CITY ZONING UPON REDDING ADDITION.
[ Staff Report 4 ] [ Ord. 2848 ]
Staff reported that Resolution 9297 sets a public hearing for April 15, 2003, to consider the annexation of Redding Addition, consisting of one single family residential lot and a segment of 7th Avenue North located east of 45th Street North. Linda and Raymond Redding submitted applications regarding the Minor Plat of Redding Addition, located in the SE¼ NW¼ SE¼ of Section 4, Township 20 North, Range 4 East, Cascade County, Montana and annexation of Lot 1, Block 1, Redding Addition, consisting of .34 acres, and a segment of 7th Avenue North. The applicants own an 8.80-acre tract of land along the north side of 7th Avenue North and east of 45th Street North. They plan to subdivide subject property into a lot to accommodate a single family dwelling unit and dedicate a 462 foot segment of 7th Avenue North, leaving an unplatted unincorporated remainder portion of 8.14 acres. Access to subject property is provided by 7th Avenue North, which is a paved incorporated roadway except an approximate 550-foot gap between the west boundary of Portage Meadows Addition and the east boundary of Hauer Addition, which is graveled. The Redding property fronts upon this particular gap. As the unincorporated segment of 7th Avenue North connects two areas of the City, it was proposed the entire approximate 550-foot gap be annexed to the City. A northerly segment of the right of way was included as a part of Redding Addition, another segment would be included as a part of the forthcoming Discovery Meadows and the southerly segment would be annexed upon City Public Works formally securing the right of way from the abutting owner. City Public Works anticipated paving the gap this spring with the Reddings, based upon the frontage of the property they are annexing, participating in the cost. A sanitary sewer main exists in the abutting portion of 7th Avenue North. The City paid for the oversizing of the lift station and force main in 7th Avenue North, which serves subject area. The City assessed $240/net acre for property served by the lift station. Last Fall, the City installed a water main in the unincorporated segment of 7th Avenue North. The Reddings are providing reimbursement to the City based upon the frontage of the property they are annexing. A 42-inch storm sewer main is located in the abutting portion of 7th Avenue North, which discharges into a 54-inch main draining north along the east boundary of the Redding property. The Planning Board conducted a public hearing on the applications on October 23, 2001. No proponents or opponents spoke. At the conclusion of the public hearing, the Planning Board recommended the City Commission approve the annexation and minor plat for Redding Addition and the accompanying findings of Fact subject to the following conditions being fulfilled by the applicant: payment of all applicable fees and reimbursements owed as a condition of annexation approval, correction of any errors or omissions on the Minor Plat which may be noted by staff, preparation of a certificate of title by a title company to be filed with the Minor Plat, entering into an annexation agreement containing typical terms and conditions associated with annexation including agreement, and providing a financial surety to City in the amount of the estimated cost of subject Lot 1's proportionate share of the cost of water main, paving, curb and gutter in the abutting portion of 7th Avenue North. The last of the conditions listed had been fulfilled or addressed by the Reddings by paying for their share of the cost of the recently installed water main and agreeing to pay proportionate share of forthcoming roadway improvement costs in accordance with specific conditions cited in the Annexation Agreement. Ordinance 2848 assigns a zoning classification of "A" Residence Use, "A" Area District, to Redding Addition. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9295. Motion carried 5-0. Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2848 on first reading and set a public hearing for 7:00 p.m., April 15, 2003, to consider adoption of Ordinance 2848.
Motion carried 5-0.
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| Ord. 2846, Rezone Charles Russell Add., B3, L 3-4. Accepted on first read and set final reading and public hearing. | 5.
ORDINANCE 2846, REZONE CHARLES RUSSELL ADDITION, BLOCK 3, LOTS 3 & 4. COMMONLY KNOWN AS 3408 & 3412 10TH AVENUE SOUTH.
Property owner Pete Bleskin submitted a zoning application to rezone Lots 3 and 4, Block 3, Charles Russell Addition, from "LB" Local Business District to "GC" General Commercial District. Subject Lots 3 and 4 are presently vacant and are located on the south side of 10th Avenue South between 34th and 35th Streets. The zoning application was not accompanied by any explanation for the rezoning or the contemplated use of the property. Before submittal of the application, the Planning Staff met with Mr. Bleskin's attorney to discuss the importance of providing as much detailed information as possible (such as a site plan and proposed use) to allow adequate evaluation of the request. After reviewing the list of permitted uses in City Code for Local Business District and prohibited uses listed in General Commercial District and discussing the matter with the City Zoning Administrator, the following uses are presently not permitted on subject Lots 3 and 4 but would be permitted if rezoned to General Commercial District.
Lots 5 and 6, located immediately to the east, were rezoned to General Commercial District in 1982 to accommodate a planned eating establishment serving beer and wine. That use was never established. The Planning Board conducted a public hearing on the rezoning of subject Lots 3 and 4 on February 25, 2003. At the conclusion of the public hearing, the Planning Board on a 5-1 vote passed a motion recommending the City Commission deny the application to rezone Lots 3 and 4, Block 3, Charles Russell Addition, from "LB" Local Business District to "GC" General Commercial District. Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept Ordinance 2846 on first reading and set the final reading and public hearing for 7:00 p.m., April 15, 2003. Mayor Gray asked for comments. Commissioner Rosenbaum asked Staff if the owners of the property had given a reason for requesting the zone change. Bill Walters of the City/County Planning Department stated that he was not aware of any information given.
Motion carried 5-0.
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| Ord. 2847, rezone Charles Russell Addition, B3, L8. Accepted on first read, set public hearing. | 6.
ORDINANCE 2847, REZONE CHARLES RUSSELL ADDITION, BLOCK 3, LOT 8.
[ Staff Report 6 ] [ Ord. 2847 ]
Property owner Pete Bleskin submitted a zoning application to rezone Lot 8, Block 3, Charles Russell Addition, from "LB" Local Business District to "GC" General Commercial District. Subject Lot 8 is presently vacant and was previously occupied by the Sahara Motel. The zoning application was not accompanied by any explanation for the rezoning or the contemplated use of the property. Before submittal of the application, the Planning Staff did meet with Mr. Bleskin's attorney to discuss the importance of providing as much detailed information as possible (such as a site plan and proposed use) to allow adequate evaluation of the request. After reviewing the list of permitted uses in City Code for Local Business District and prohibited uses listed in General Commercial District and discussing the matter with the City Zoning Administrator, the following uses are presently not permitted on subject Lots 3 and 4 but would be permitted if rezoned to General Commercial District.
Lots 1-4, Block 4, located to the east, were rezoned to General Commercial District in 1979. The Planning Board conducted a public hearing on the rezoning of subject Lots 3 and 4 on February 25, 2003. At the conclusion of the public hearing, the Planning Board on a 5-1 vote passed a motion recommending the City Commission deny the application to rezone Lots 3 and 4, Block 3, Charles Russell Addition, from "LB" Local Business District to "GC" General Commercial District. Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Hinz, that the City Commission accept Ordinance 2847 on first reading and set the final reading and public hearing for 7:00 p.m., April 15, 2003.
Motion carried 5-0.
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Ord. 2849, rezone numerous parcels of land of Land between 15th and 25th Streets North and between Burlington Northern Santa Fe railway Right Of Way and River Drive. Accepted on first read, set public hearing. Ord. 2850, Rezone Edgewater Industrial Tracts, Block 3, Lots 5-9, and Edgewater Industrial Tracts No. 3, Block 2 and Block 3, Lot 1. Located in the Vicinity of 12th Avenue North and 19th Street North. Accepted on first read, set public hearing. |
7.
ORDINANCE 2849, REZONE NUMEROUS PARCELS OF LAND BETWEEN 15TH AND 25TH STREETS NORTH AND BETWEEN BURLINGTON NORTHERN SANTA FE RAILWAY RIGHT OF WAY AND RIVER DRIVE.
8.
ORDINANCE 2850, REZONE EDGEWATER INDUSTRIAL TRACTS, BLOCK 3, LOTS 5-9, AND EDGEWATER INDUSTRIAL TRACTS NO. 3, BLOCK 2 AND BLOCK 3, LOT 1. LOCATED IN THE VICINITY OF 12TH AVENUE NORTH AND 19TH STREET NORTH.
[ Staff Report 8 ] [ Ord. 2850 ]
A discrepancy had been found in the City of Great Falls' zoning map for the area between 15th and 25th Streets North and between the BNSF Railroad Right of Way and River Drive. The City zoning map had always shown this area as being zoned 2nd Industrial District. However, research revealed the area was rezoned in 1943 from 2nd Industrial to "C" Residential and the same area was rezoned in 1948 from "C" Residential to "B" Residential. Subject corridor consists of 61 parcels of land owned by 21 different parties. The Great Falls City-County Planning Board, acting as Zoning Commission, directed the Planning Staff to formulate a zoning plan to address and remedy the discrepancy. It was proposed 53 parcels in subject areas be rezoned to "GC" General Commercial District (by Ordinance 2849) and the remaining 6 parcels owned by Pacific Hide and Fur and 2 parcels owned by Columbia Grain, Inc., be rezoned to 2nd Industrial District (by Ordinance 2850). The Planning Office submitted letters to each affected property owner explaining the zoning plan. All responses to date except two had been positive. The owner of Lot 11, Block 1, Edgewater Industrial Tracts, which is currently occupied by Kois Brothers, 1610 River Drive North, desired the parcel to be rezoned to Industrial. Kois Brothers, which sells and installs truck beds and other equipment is a permitted use in the General Commercial District. However, the owner of the property, Northern Rockies Construction, desired an Industrial zoning classification to accommodate a potential contractor's plant or storage yard. The owner of Lots 5-10, Block 1 and Lots 11-15, Block 2, Edgewater Tracts, also desired Industrial zoning instead of General Commercial. Aspects of operation on the above described properties which may not conform with General Commercial standards would be allowed to continue as such use presently exists. Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2849 on first reading and set the final reading and public hearing for 7:00 p.m., April 1, 2003. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2850 on first reading and set the final reading and public hearing for 7:00 p.m., April 1, 2003.
Motion carried 5-0.
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| Consent Agenda Approved as printed. |
CONSENT AGENDA9.
10.
Total Expenditures of $1,390,970 for the period of February 26 - March 6, 2003, to include claims over $500, in the amount of $$1,342,476. [ Staff Report 10 ]
11.
Contracts List. [ Staff Report 11 ]
12.
Approve use of uncommitted CTEP Funds for Removal of Abandoned Pipeline Under Historic 10th Street Bridge in the amount of $43,290. (OF 1180.6) [ Staff Report 12 ]
13.
Approve Change Order No. #1: Phase 2, Historic Preservation of the 10th Street Bridge to Tamietti Construction Company, reducing the contract amount by $100,432.65. (OF 979.3) [ Staff Report 13 ]
14.
Approve the City Commission co-sponsor the Made in Montana Food and Gift Show in the amount of $1,000. [ Staff Report 14 ]
Commissioner Rosenbaum moved, seconded by Commissioners Jovick-Kuntz and Hinz, that the City Commission approve the Consent Agenda as printed.
Motion carried 5-0.
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BOARDS AND COMMISSIONS |
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| Regional Airport Authority appointment. | 15.
APPOINTMENT REGIONAL AIRPORT AUTHORITY
[ Staff Report 15 ]
The term of Michael Hennessy expired on December 31, 2002. Mr. Hennessy was not interested in reappointment. Therefore it was necessary to appoint a new member to the Regional Airport Authority for a three-year term through December 31, 2005. After advertising for new members, eleven applications were received. The City Commission selected three applicants to be interviewed and interviews were conducted on March 4, 2003. Commissioner Beecher moved, seconded by Commissioner Rosenbaum to appoint David Zoanni to the Regional Airport Authority for a three-year term through December 31, 2005.
Motion carried 5-0.
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CITY MANAGER |
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| Ord. 2835, Rezone Tietjen Triangle, B1 L1. Update. | 18.
City Manager John Lawton gave an update on the Town Pump zoning issue. Mr. Lawton reported that the City received the legal opinion from the firm of Dorsey and Whitney LLC. (Seattle Office) and presented the options to the Commission. Mr. Lawton gave some background information on what the recommendation was based on. There have been several things that have happened since the issue of the rezone came up and they figured into the legal recommendation. The changes were as follows. The City received proposals for revising the entire zoning system. In addition to this the City Commission imposed a moratorium on gambling establishments. That moratorium was approved by the City Commission on Feb 18, 2003. The moratorium was put in place pending the revision in the zoning code. And finally on February 4, 2003 the City Commission voted to deny the rezoning requests for similarly situated properties across the street from the Town Pump property. The reason for denial was because the City was unable to establish a dialogue with the property owners to determine acceptability of a similar agreement that was proposed for the Town Pump property. With that as back ground, Mr. Lawton presented three basic conclusions from the firm of Dorsey and Whitney LLC. Option 1: Adopt the Ordinance rezoning the Town Pump property "GC" General Commercial with use restriction. Option 2: Deny the rezone Ordinance and enforce current "LB" Local Business zoning on Town Pump and the surrounding properties. Option 3: Withdraw or table the City's application to rezone the Town Pump property. In conclusion City Manager John Lawton stated that because of the changes the City enacted over the past two months, the firm of Dorsey and Whitney LLC. recommended that Option 3 had the best chance of achieving the City's objectives and meeting the needs of the City's residents as well as business interests. Mr. Lawton then stated that copies of the recommendations were available upon request. Mayor Gray asked Mr. Lawton if option 3 was followed, would there be any impact on the traffic issues brought forward by the neighborhood. Mr. Lawton stated that no matter what option was followed, it would not preclude dealing with the traffic issues in the area. Commissioner Beecher asked about the zoning proposals. Assistant City Manager Cheryl Patton stated that interviews could be completed by the first week of April, and that the selection committee hopes to be able to bring a contract to the Commission for consideration by mid April. Commissioner Hinz asked for clarification of whether or not if option number three was followed would it be something that could never be taken back? Mr. Lawton stated that would likely be the case. Mayor Gray stated that with all that has been done the Commission had a better picture than where they were six months ago. It was the consensus of the City Commission that the Town Pump decision would be put on a future agenda for final disposition. |
CITY COMMISSION |
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20.
Mayor Gray reported on the Commission and Staff retreat held in Lethbridge. Mayor Gray also stated that the Council from Leithbridge will be reciprocating with a visit to Great Falls in May. |
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ADJOURNMENT |
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| Adjourn | There being no further business to come before the Commission, the regular meeting of March 18, 2003, adjourned at 8:00 p.m. |
* Non-text and electronically unavailable attachments are on file in the City Clerk's Office
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