JOURNAL OF COMMISSION PROCEEDINGS
May 20, 2003

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

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

PRESENTATIONS:   Resolution of Appreciation to Nancy O'Brien
Carrico Trust Fund Presentation

PROCLAMATIONS: Emergency Medical Services Week

PUBLIC HEARINGS

Res. 9316 and Ord. 2851. Annexation and Zoning on Whispering Ridge Add., Phase 3. Adopted.
1.
RESOLUTION 9316, FINAL PLAT AND ANNEXATION AGREEMENT FOR WHISPERING RIDGE ADDITION, PHASE 3.

2.
ORDINANCE 2851 TO ESTABLISH CITY ZONING UPON WHISPERING RIDGE ADDITION, PHASE 3.

Bill Walters of the City/County Planning Department reported that Whispering Ridge Addition, Phase 3, consists of 15 single family residential lots located near the south end of 38th Street South. In March 2003, the City and County Commissions conditionally approved the preliminary plat of Whispering Ridge Addition, Phase 3.

Access to the proposed 15 lots in Phase 3 would be provided by the southerly extension of 38th Street South to 19th Avenue South, an approximate 350 foot stub of 17th Avenue South and two lots would be accessed from the existing 20th Avenue South cul-de-sac. The proposed dedicated segments of 38th Street South and 17th Avenue South would be improved with standard City paving, curb and gutter.

City water and sanitary sewer mains would be installed in the portion of 38th Street South and 17th Avenue South being dedicated in Phase 3. The subdivision would be served by an off-site sewer lift station to be installed adjacent to the existing City Storm Water Detention Facility with a force main to discharge into the City sewer system south of Mountain View School.

Surface drainage from Phase 3 would be directed into the existing storm sewer channel at the west boundary of 38th Street South which discharges into the City's Storm Water Detention Facility.

The developer intended to fulfill Phase 3's park obligation by escrowing the applicable park fee. At such time the developer arranges an acceptable program to reserve open space in the coulee, the escrowed park fee would be released to him.

The City/County Planning Board during a meeting held April 8, 2003, passed a motion recommending approval of the final plat of Whispering Ridge Addition, Phase 3, and annexation of the property contained therein, subject to the following conditions:

  1. The applicant execute an Annexation Agreement acceptable to the City of Great Falls and shall submit the appropriate supporting documents referenced in the Agreement.
  2. The Department of Public Works approve the final engineering documents for required public improvements to serve the subdivision.
  3. Any errors or omissions noted by staff be corrected as part of the final plat.
  4. All applicable fees owed as a condition of plat or annexation approval be paid.

The above stated four conditions have been fulfilled with the following exceptions. Design of the lift station to serve the subdivision delayed completion of the final engineering documents, but no insurmountable issues were anticipated. Several off-site utility easements would be necessary which would be completed in conjunction with the infrastructure installation.

This property was zoned in the County as “R-1” Suburban Residential and it was proposed the property be zoned “A” Residence Use, “B” Area District, upon annexation to the City. The “A” Residence Use District primarily permits single family dwelling units constructed in accordance with the Uniform Building Code. The “B” Area District dictates minimum building setback distances from property/lot lines, which are 20 feet for the front yard, 5 feet for the side yards and 10 feet for the rear yard.

Mayor Gray declared the public hearing open on both Resolution 9316 and Ordinance 2851. There being no one to speak for or against either item, Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9316 and approve Final Plat and Agreement.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2851.

Motion carried 5-0.
 

Res. 9301, Cost recovery at GF Townsite, B420, L3. Denied.
3.
RESOLUTION 9301, COST RECOVERY AT GF TOWNSITE, BLOCK 420, LOT 3. ALSO KNOWN AS 408 ½ 3RD AVENUE. SOUTH.

Community Development Director Mike Rattray reported that the owner of the property known as 408½ 3rd Avenue South was given sixty (60) days from May 22, 2002, to obtain either a repair or razing permit. Neither a permit nor an appeal was filed for during the allotted time set by the Uniform Building Code. Proposals for razing the structure were taken with the contract awarded to John Gordon Construction. Razing was completed on April 21, 2003.

Mr. Rattray further stated that the property owner paid the obligation owed since the setting of this public hearing. Therefore, Mr. Rattray recommended denial of Resolution 9301.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission deny Resolution 9301.

Motion carried 5-0.
 

Ord. 2846, Rezone Charles Russell Add., B3, L3&4. Public Hearing continued to June 24, 2003.
4.
ORDINANCE 2846, REZONE CHARLES RUSSELL ADDITION, BLOCK 3, LOTS 3 & 4 ALSO KNOWN AS 3408 AND 3412 10TH AVENUE SOUTH.

Bill Walters of the City/County Planning Department reported that the owners of the property known as 3408 and 3412 10th Avenue South sent a letter that asked for a second 30 day continuance of the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum to continue the public hearing on Ordinance 2846 to the June 24, 2003 Commission meeting.

Motion carried 5-0.
 

Ord. 2847, Rezone Charles Russell Add., B3, L8. Continued.
5.
ORDINANCE 2847, REZONE CHARLES RUSSELL ADDITION, BLOCK 3, LOT 8 ALSO KNOWN AS THE SOUTHWEST CORNER OF THE INTERSECTION OF 10TH AVENUE SOUTH AND 35TH STREET.

Bill Walters of the City/County Planning Department reported that the owners of the property known as the Southwest corner of the intersection of 10th Avenue South and 35th Street sent a letter that asked for a second 30 day continuance of the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher to continue the public hearing on Ordinance 2847 to the June 24, 2003 Commission meeting.

Commissioner Hinz asked if there was any information from the owner of the property as to the reason for the rezone request. Bill Walters stated that there has been nothing specific stated by the owners.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9315, Fire Department schedule of fees. Adopted.
6.
RESOLUTION 9315, FIRE DEPARTMENT SCHEDULE OF FEES.

Fire Chief Randy McCamley stated that the only change in the fee structure was the addition of a charge for filling air cylinders. Great Falls Fire Rescue fills air cylinders for some businesses and outside departments and agencies. This practice was performed as a courtesy at no charge. Unfortunately, due to the high cost of this equipment and the ever increasing maintenance costs, it was necessary to assess a fee to recover a portion of these expenses.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9315.

Motion carried 5-0.
 

Consent Agenda
Approved as printed.

CONSENT AGENDA

7.
8.
Total Expenditures of $573,577 for the period of April 30 through May 7, 2003, to include claims over $500, in the amount of $527,138. [ Staff Report 8 ]
9.
Set public hearing for June 3, 2003, on Resolution 9299, Cost Recovery at GF. 3rd Addition, B175, L12. [ Staff Report 9 ] [ Res. 9299 ]
10.
Set public hearing for June 3, 2003, on Resolution 9318, Use Permit Fees in City Parks. [ Staff Report 10 ] [ Res. 9318 ]
11.
Set public hearing for June 3, 2003, on Resolution 9312, Nuisance Abatement at Finley Addition, B4, L15-17. [ Staff Report 11 ] [ Res. 9312 ]
12.
Approve engineering services agreement with Delta Engineering, P.C. for an extension to River's Edge Trail. (OF 1029.1 & OF 1306.5) [ Staff Report 12 ]
13.
Approve agreement with the Montana Department of Transportation to initiate the Bloomingdale Park Improvements CTEP project. (OF 1306.3) [ Staff Report 13 ]
14.
Award contract for 2003 Valley Gutter and Miscellaneous Concrete Improvements to Great Falls Sand and Gravel, Inc., in the amount of $114,661.92. (OF 1380.4) [ Staff Report 14 ]
15.
Award construction contract for Treasure State Drive and Dawn Court Water Main Replacement project to Ed Boland Construction in the amount of $330,835. (OF 1320) [ Staff Report 15 ]
16.
Approve engineering services agreement amendment #2 for the Water Treatment Plant Chlorine System Upgrades with Morrison-Maierle, Inc. (OF 1199.4) [ Staff Report 16 ]
17.
Approve Amendment #2 to Engineering Services Agreement for 14th/15th Street Storm Drain/Water Main Replacement with Thomas, Dean & Hoskins, Inc. (OF 1215) [ Staff Report 17 ]
18.
Approve addendum to Municipal Court Collections agreement with Municipal Services Bureau. [ Staff Report 18 ] [*]
19.
Award bid for asphaltic concrete material to Great Falls Redi-Mix of Great Falls in the amount of $465,850. [ Staff Report 19 ]

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

Motion carried 5-0.
 

NEIGHBORHOOD COUNCILS

Bloomingdale Park improvements.
20.
Phyllis Hemstad of Neighborhood Council 2 thanked Park and Recreation Director Jerry Sepich and the City Commission for the commitment for improvements to be made to Bloomingdale Park.

CITY COMMISSION

High School graduation.
21.
Mayor Gray urged all parents of this years graduating students to participate in the upcoming graduation festivities in the hopes of avoiding tragedies that have occurred in the past.

PETITIONS/COMMUNICATIONS

Zoning Codes.
22.
George Gallagher, 4701 Willowdale Lane stated that he was pleased the City was doing a Zoning Code update. Mr. Gallagher also stated that hiring a consultant was a good idea. Mr. Gallagher's only concern was that he did not think that the representation on the Advisory Committee was diverse enough.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of May 20, 2003, adjourned at 7:39 p.m.


Randall H. Gray, Mayor

Melodi A. Wald, Deputy City Clerk


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


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