JOURNAL OF COMMISSION PROCEEDINGS
July 15, 2003

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 Park and Recreation, Community Development, Fiscal Services, Library, Public Works, Fire and Acting Directors of Planning, Police and the Deputy City Clerk.

PRESENTATION: Lions Club Commemorative Tree Program

PUBLIC HEARINGS

Res. 9333, Berkner Heights Add., Phase 9. Adopted.

Ord. 2845, City zoning upon Berkner Heights Add., Phase 9. Adopted.

1.
RESOLUTION 9333, BERKNER HEIGHTS ADDITION, PHASE 9 - FINAL PLAT, ANNEXATION AGREEMENT AND EASEMENT

2.
ORDINANCE 2845, ESTABLISH CITY ZONING UPON BERKNER HEIGHTS ADDITION, PHASE 9

Acting City / County Planning Director Ben Rangel reported that Resolution 9333 annexed Berkner Heights Addition, Phase 9, consisting of 12 single family residential lots along segments of 13th and 14th Avenues South and 43rd Street South and that Ordinance 2845 assigned a zoning classification of "A" Residence Use, "A" Area District, to Berkner Heights Addition, Phase 9.

The Annexation Agreement contained terms and conditions associated with subdivision and annexation. The easement accommodated on a temporary basis, utility stubs and street improvements on 13th Avenue South just beyond the boundaries of Phase 9.

Mayor Gray declared the joint public hearing open. There being no one to speak in favor of or opposition to either Resolution 9333 or Ordinance 2845 Mayor gray closed the joint public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9333.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2845.

Motion carried 5-0.
 

Ord. 2855, Rezone North Riverview Terrace Add., Sec. 3, Part 1, B4, L5A, 5C. Adopted.
3.
ORDINANCE 2855, REZONE NORTH RIVERVIEW TERRACE ADDITION, SECTION 3 PART 1, BLOCK 4, AMENDED PLAT OF LOT 5, LOTS 5A AND 5C.

Acting City / County Planning Director Ben Rangel reported that the Catholic Church, owner of a 5.9 acre parcel legally described as Lot 5, Block 4, North Riverview Terrace, Section 3, Part 1, desired to subdivide the property into three lots: Lot 5B which is currently occupied by St. Luke Church and Rectory; Lot 5A upon which a veterinary clinic was proposed to be constructed; and Lot 5C for which no development plans were presently known. Lots 5A and 5C, which abut Smelter Avenue and which the Church intended to sell, were proposed to be rezoned from "A" Residence Use, "A" Area District, to "LB" Local Business, "C" Area District.

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Ordinance 2855, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner, Hinz that the City Commission adopt Ordinance 2855.

Motion carried 5-0
 

Res. 9331, Exclude Discovery Meadows Add., Phase 1 (original). Adopted.
4.
RESOLUTION 9331, EXCLUDE DISCOVERY MEADOWS ADDITION, PHASE 1 (ORIGINAL)

Resolution 9331 excluded (de-annexed) the original Discovery Meadows Addition, Phase 1, from the City. The subdivision consisted of 20 proposed single family residential lots along a planned 600 foot extension of 50th Street North located immediately north of 7th Avenue North.

On May 1, 2001, the City Commission approved the final documents providing for the annexation of Discovery Meadows Addition, Phase 1. The developers of the project now desired to relocate Phase 1 to a different area on the site. None of the final documents associated with Phase 1, including the subdivision plat and Annexation Agreement, were filed of record.

Mayor Gray opened the public hearing. No one appeared to speak in favor of or opposition to Resolution 9331. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioners, Hinz and Beecher that the City Commission adopt Resolution 9331.

Motion carried 4-0-1 (Mayor Gray abstained due to having an interest in the property).
 

Res. 9332, Annex Discovery Meadows Add., Phase 1 (revised). Adopted.

Ord. 2844, City zoning upon Discovery Meadows Add., Phase 1 (revised). Adopted.

5.
RESOLUTION 9332, DISCOVERY MEADOWS ADDITION, PHASE 1 (REVISED), FINAL PLAT, ANNEXATION AGREEMENT AND EASEMENT

6.
ORDINANCE 2844 TO ESTABLISH CITY ZONING UPON DISCOVERY MEADOWS ADDITION, PHASE 1 (REVISED)

Acting City / County Planning Director Ben Rangel stated that Resolution 9332 annexed Discovery Meadows Addition, Phase 1, (revised) consisting of 10 residential lots and a segment of 48th Street North located immediately north of 7th Avenue North. The Annexation Agreement contained terms and conditions associated with subdivision and annexation. The easement accommodated on a temporary basis utility stubs and street improvements in 48th Street North just beyond the boundaries of Phase 1. Ordinance 2844 assigned a zoning classification of "A" Residence Use, "B" Area District, to Discovery Meadow Addition, Phase 1, (revised).

Mayor Gray declared the joint public hearing open. There being no one to speak in favor of or opposition to Resolution 9332 and Ordinance 2844 Mayor Gray closed the joint public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9332.

Motion carried 4-0-1. (Mayor Gray abstained due to having an interest in the property).

Commissioner Jovick-Kuntz moved, seconded by Commissioner, Beecher that the City Commission adopt Ordinance 2844.

Motion carried 4-0-1. (Mayor Gray abstained due to having an interest in the property).
 

Res. 9314, Annual budget.
7.
RESOLUTION 9314, FINAL BUDGET ADOPTION

Prior to adoption of the City's annual budget the City is required to hold two public hearings on the proposed annual budget. This public hearing was the second of two. The first public hearing was held on June 24, 2003.

The City developed its annual budget.

  • The City started the annual budget process with a series of public work sessions.
  • The budget was developed in accordance with City Commission direction.
  • The proposed budget was presented by the City Manager at the City Commission Work Session on June 3, 2003.
  • The public hearing on the budget was opened June 24, 2003, and continued on July 15, 2003.
  • The budget adoption and setting of the tax levies were proposed for July 15, 2003 or when the Montana Department of Revenue certifies the taxable values of the City of Great Falls.

Extending the budget hearing over two Commission meetings provided reasonable time to review the budget, receive additional input, and consider budget modifications.

Mayor Gray declared the public hearing open. Speaking in favor of Resolution 9314 was Jeff Mangen, 1223 7 Avenue North. Mr. Mangen stated that he appreciated all the work that went into the budget process. Mr. Mangen also stated that the Legislature passed the Empowerment Zone Finance Act. Mr. Mangen further explained that an empowerment zone was intended to be a tool of economic development that encouraged the establishment of businesses in designated areas. Mr. Mangen suggested putting dollars towards the development of the Empowerment Zone Finance Act. Speaking in opposition to Resolution 9314 was Great Falls citizen John Angry. Mr. Angry stated that he was against anything that was going to raise taxes. There being no one further to address the Commission Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9314.

Motion carried 5-0.
 

Res. 9322, Cost recovery at GF 3rd Add., B176, L14. Adopted.
8.
RESOLUTION 9322, COST RECOVERY GREAT FALLS 3RD ADDITION, BLOCK 176, LOT 14, ALSO KNOWN AS 509 15TH STREET NORTH.

Community Development Director Mike Rattray stated that the owner of property located on the North 27.5' of Lot 14, Block 176, Great Falls Third Addition, Great Falls, Cascade County, Montana, was issued a "Notice of Hearing" before the City Commission of Great Falls to appear at 7:00 p.m., July 15, 2003. The hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing the structure known as 509 15 Street North. The property in question has a history dating back approximately 12 years. The costs incurred by the City were for the ownership and encumbrance report, recording fee, publishing of the Legal Ad, and demolition & cleanup. The total cost was $ 1,142.

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9322 Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Beecher that the City Commission adopt Resolution 9322.

Motion carried 5-0.
 

Res. 9321, Cost recovery at Black Eagle Falls Add., B29, L3-4. Adopted.
9.
RESOLUTION 9321, COST RECOVERY AT BLACK EAGLE FALLS ADDITION, BLOCK 29, LOTS 3-4, ALSO KNOWN AS 424 26TH STREET S.

Community Development Director Mike Rattray stated that the owner of property at Lots 3 & 4, Block 29, Black Eagle Falls Addition, Great Falls, Cascade County, Montana, was issued a "Notice of Hearing" before the City Commission of Great Falls to appear at 7:00 p.m., July 15, 2003. The hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing the structure known as 424 26th Street South. The expenses incurred were for asbestos sampling, ownership and encumbrance report, recording fee, publishing of a legal ad and demolition & cleanup. The total cost incurred was $ 5,752.50

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9321 Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Resolution 9321. Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Res. 9305, Intent to modify SLD-R 1296. Adopted.
10.
RESOLUTION 9305 INTENT TO MODIFY SPECIAL LIGHTING DISTRICT - RESIDENTIAL LIGHTING "SLD-R" 1296

Fiscal Services Director Coleen Balzarini stated that a modification to the boundary lines of Special Lighting District - Residential Lighting "SLD-R" No. 1296 was petitioned by property owners in the general location of 44th Street to 46th Street along 4th Avenue North. The property owners petitioned to install seven (7) 100 watt high-pressure sodium street lighting units mounted on 17 foot fiberglass poles along 4th Avenue North between 44th Street and 46th Street. Per Northwestern Energy the estimated date of installation for these lights was September 2003.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9305 and set a public hearing for August 5, 2003 at 7:00 p.m.

Motion carried 5-0
 

Res. 9307, Intent to modify SLD-C 1395. Adopted.
11.
RESOLUTION 9307 INTENT TO MODIFY SPECIAL LIGHTING DISTRICT - COMMERICAL LIGHTING "SLD-C" 1295

Fiscal Services Director Coleen Balzarini reported that an inquiry into the City's assessment of lights in the North Park Addition was made by one of the property owners in that area. Since North Park Addition is an industrial/commercial park, it was more appropriate to include this area in the Commercial Lighting District "SLD-C" No. 1295 rather than in the Residential Lighting District "SLD-R" No. 1296. The lights installed in the North Park Addition consisted of forty-eight (48) - 250 watt high-pressure sodium lights on 36' steel poles with underground wiring. These lights were consistent with uniform commercial lighting. It was necessary to pull the area out of Special Lighting District - Residential Lighting "SLD-R" No. 1296 and move it into the Special Lighting District - Commercial Lighting "SLD-C" 1295.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Resolution 9307.

Motion carried 5-0.
 

Res. 9334, Storm Drainage System Revenue Refunding Bonds, Series 2003. Adopted.
12.
RESOLUTION 9334, RELATING TO STORM DRAINAGE SYSTEM REVENUE REFUNDING BONDS, SERIES 2003; AUTHORIZING THE ISSUANCE AND FIXING THE TERMS AND CONDITIONS THEREOF AND CREATING SPECIAL FUNDS AND ACCOUNTS AND PLEDGING CERTAIN REVENUES AS SECURITY FOR SUCH BONDS AND ANY ADDITIONAL BONDS

The City Commission adopted Resolution 9320 on June 3, 2003. This resolution authorized staff to enter into a private negotiated sale to DA Davidson & Co, to refund the 1994 Storm Drainage System Revenue Bonds. On July 9, 2003, a bond purchase agreement was entered into which met all of the limitations previously set forth in Resolution 9320. Specifically, Resolution 9334 authorized the issuance of $1,950,000 in Storm Drainage, Series 2003, Revenue Refunding Bonds at an average coupon rate of 2.87%. The refunding resulted in lower interest payments which in turn result in a net debt service savings of $164,485.27 between now and 2014. Refunding the 1994 bonds would save the Storm Drainage System approximately $17,000 to $20,000 annually in debt payments per fiscal year from 2004 through 2014 when the debt would be fully repaid.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Resolution 9334.

Motion carried 5-0.
 

Res. 9335 Section 108 Loan and BEDI Grant applications and certifications submittal. Approved.
13.
RESOLUTION 9335, SUBMITTAL OF SECTION 108 LOAN AND BEDI GRANT APPLICATIONS & CERTIFICATIONS

City Manager John Lawton reported that the Great Falls Development Authority asked the City to apply for a $1.8 million Brownfield Economic Development Initiative (BEDI) grant, in combination with a $5.5 million Section 108 loan from the U.S. Department of Housing & Urban Development which could be used for brownfield redevelopment activities that directly benefit low and moderate income citizens. This money could be used for site procurement, site remediation, infrastructure, and the development of affordable housing or the creation of jobs.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission approve Resolution 9335 and authorize the City Manager to submit a Section 108 Loan application and the BEDI grant application and related certifications to the U. S. Department of Housing and Urban Development.

Motion carried 5-0.
 

Ord. 2857, Amend Title 2 by deleting all references to the Fairgrounds Department and the Fair Board.
14.
ORDINANCE 2857, AMENDING TITLE 2 BY DELETING ALL REFERENCES TO THE FAIRGROUNDS DEPARTMENT AND THE FAIR BOARD.

Assistant City Manager Cheryl Patton stated the City had operated the fairgrounds on behalf of the County since 1988 through an inter-local agreement. The most recent inter-local agreement for the operation of the fairgrounds was entered into by the City of Great Falls and Cascade County in 1996. This agreement expired December 30, 2002. The County chose not to renew the agreement with the City. Therefore, it was necessary to modify the Administrative structure reflecting this change.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum that the City Commission accept Ordinance 2857 on first read, and set a final reading for August 5, 2003.

Motion carried 5-0.
 

Consent Agenda
Approved as printed with the exception of item 22.

CONSENT AGENDA

15.
16.
Total Expenditures of $4,144,384 for the period of June 18 through July 2, 2003, to include claims over $500, in the amount of $4,064,747. [ Staff Report 16 ]
17.
Contracts list. [ Staff Report 17 ]
18.
Set public hearing for August 5, 2003, on Resolution 9324 to assess Special Improvement Boulevard Maintenance District. [ Staff Report 18 ] [ Res. 9324 ]
19.
Set public hearing for August 5, 2003, on Resolution 9325 to assess Special Improvement Portage Meadows Maintenance District. [ Staff Report 19 ] [ Res. 9325 ]
20.
Set public hearing for August 5, 2003, on Resolution 9326 to assess Street Maintenance District. [ Staff Report 20 ] [ Res. 9326 ]
21.
Set public hearing for August 5, 2003, on the 2003/2004 Business Improvement District budget and work plan. [ Staff Report 21 ]
22.
Approve the optional construction phase services in Engineering Amendment No. 1 in the amount of $35,200 to Thomas, Dean & Hoskins, Inc. for the 57th Street Water Main Extension. (OF 1119) [ Staff Report 22 ]
23.
Approve Amendment No. 2 to Project Development and Construction Agreement for 13th Street South with the Montana Department of Transportation. (OF 1187) [ Staff Report 23 ]
24.
Approve Contract Amendment No. 1 in the amount of $7,000 to Thomas, Dean & Hoskins, Inc. for the Central Avenue Streetscape project. (OF 1362) [ Staff Report 24 ]
25.
Approve Change Order No. 3 in the amount of $10,627 to Sletten Construction Company for the Waste Water Treatment Plant Solids Handling Project. (OF 1176.1) [ Staff Report 25 ]
26.
Approve engineering services agreement amendment No. 3 for the Waste Water Treatment Plant Solids Handling Project with Neil Consultants, Inc. (OF 1176.1) [ Staff Report 26 ]
27.
Approve engineering services agreement amendment #4 for the Water Treatment Plant Backwash Clarification Project with Thomas, Dean & Hoskins, Inc. (OF 1199.9) [ Staff Report 27 ]
28.
Approve final payment in the amount of $8,890.75 to New Era Construction & Concrete and the State Miscellaneous Tax Division for the 2002 CDBG Sidewalk Replacements. (OF 1351.2) [ Staff Report 28 ]
29.
Approve Change Order No. 2 in the amount of $2,853 to Wadsworth Builders, Inc. and final payment in the amount of $20,522.10 to Wadsworth Builders, Inc., and the State Miscellaneous Tax Division for the Children's Museum Rehab/CTEP project. (OF 1126.8) [ Staff Report 29 ] [**]
30.
Approve the prioritized list of 2003 Community Transportation Enhancement Program projects. [ Staff Report 30 ]
31.
Approve agreement with 3 Rivers Communications for providing Internet access and domain hosting services to the City of Great Falls. [ Staff Report 31 ]
32.
Approve amended plat of Market Place Subdivision, Block 1, Lot 7, and the accompanying Findings of Fact. [ Staff Report 32 ] [**]
33.
Approve Offline Medical Director Contract with Dr. Vega for fiscal year 2003/04. [ Staff Report 33 ]
34.
Award bid to James Talcott Construction in the amount of $133,000 for the Mansfield Theater Lighting Renovation Project. (OF 1357) [ Staff Report 34 ]

Commissioner Rosenbaum moved, seconded by Commissioner Jovick Kuntz, that the City Commission accept the Consent Agenda as printed with the exception of item 22.

Motion carried 5-0.

*note: The Commission took no action on item 22.
 

BOARDS AND COMMISSIONS

Advisory Commission on International Relationships appointment.
35.
APPOINTMENT, ADVISORY COMMISSION ON INTERNATIONAL RELATIONSHIPS.

Mary Ann Epley was appointed to the Advisory Commission on International Relationships on July 16, 2002. Ms. Epley has resigned from the Commission; therefore, it was necessary to appoint one member to fulfill her term.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum to appoint Sara Hopkins Schoenenberger to the Advisory Commission on International Relationships to fill the remainder of the three-year term vacated by Mary Ann Epley through December 31, 2003.

Motion carried 5-0.
 

CITY MANAGER

Naryn delegation.
36.
City Manager John Lawton asked Public Works Director Jim Rearden to give a short report on the Naryn Delegation that was arriving in Great Falls at the end of the week. Mr. Rearden stated that the reason for the delegation coming to Great Falls was to observe our utility billing collection system and rate structure and to observe how public education service messages benefit the community.

CITY COMMISSION

4th of July Parade
37.
Commissioner Diane Jovick-Kuntz thanked City Staff and all of the volunteers that made the 4th of July parade a success.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of July 15, 2003, adjourned at 8:05 p.m.


Mayor Randy Gray

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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