JOURNAL OF COMMISSION PROCEEDINGS
April 20, 2004

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, and John Rosenbaum. Commissioner Diane Jovick-Kuntz was excused. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Park and Recreation, Public Works, Fiscal Services, Library, and Planning, Fire Chief, Acting Chief of Police, and the Deputy City Clerk.

PROCLAMATION
Oncology Nursing Month

PUBLIC HEARINGS

Resolution 9367, For water, sewer, and storm drain rate and fee changes. Adopted.
1.
RESOLUTION 9367, FOR WATER, SEWER, AND STORM DRAIN RATE AND FEE CHANGES.

Public Works Director Jim Rearden reported that the City of Great Falls staff had 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.

On, March 16, 2004, staff made a presentation to the Commission demonstrating the need for the rate increases, as well as the effect on the public, should the increases be adopted. The proposed changes were expected to increase revenues as follows: two percent in water, two percent in sewer, and eight percent in storm drain.

The public had been notified of the April 20, 2004, public hearing and the proposed rates through legal ads in the Great Falls Tribune and inserts sent in utility bills during the month of March. Should the commission decide to adopt the resolution, the new rates would take effect ten days after such approval.

Mayor Gray declared the public hearing open. No one appeared to speak in support of Resolution 9367. Speaking in opposition was Ed Dambrowski, #30 20th Street Southwest. He stated he did not agree with the inflation in the City's cost and that his retirement checks never increased. He also stated that he pays for storm drains and there are no storm drains in his area. Mr. Dambrowski was concerned about the "lake" they have every time it rains.

Fiscal Services Director Coleen Balzarini stated that she understood his concern about the increases. However, costs to the City to provide this service had increased.

Public Works Director Jim Rearden stated there are different storm drain rates for undeveloped areas. Mr. Rearden also stated that they would take a look at the area of where Mr. Dambrowski lived.

Mayor Gray stated that the City was trying to keep the rates as modest as possible. He also stated that he sympathized with Mr. Dambrowski and other citizens that were on a fixed income.

Mayor Gray declared the public hearing closed. Commissioner Hinz asked about the malt plant and a possible decrease in rates at some time. Public Works Director Jim Rearden stated that there definitely were costs associated with the malt plant, but the malt plant offered fair revenue prospects as well.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that City Commission adopt Resolution 9367.

Motion carried 4-0.
 

Resolution 9372, Cost Recovery 500-510 5th Street North. Adopted.
2.
RESOLUTION 9372, COST RECOVERY, GF TOWNSITE, B187, L9.

Community Director Mike Rattray reported that the owner of the property at Lot 8 & the East 37 ½' of Lot 9, Block 187, GF Townsite, 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., April 20, 2004. The hearing was to show cause why the owner of the property should not be held liable for the costs incurred in razing and clean-up of the structure known as 500 - 510 5th Street North.

On July 8, 2002, the Community Development Department received the first complaint concerning the property located at 500 - 510 5th Street North. On December 4, 2003, the Building Inspectors Office inspected the property and found the structure did not meet requirements set by the ordinances and the 2000 International Building Code as adopted by reference.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9372. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9372.

Motion carried 4-0.
 

Resolution 9380, to vacate a partial cul-de-sac along North Riverview Terrace, B8, L 13 & 14. Adopted.
3.
RESOLUTION 9380 TO VACATE NORTH RIVERVIEW TERRACE, B 8, L 13 & 14, PARTIAL CUL-DE-SAC.

Planning Director Ben Rangel reported that Resolution 9380 vacated a portion of a cul-de-sac on Sacajawea Drive between 8th and 9th Streets Northeast. The accompanying Amended Plat showed the planned distribution of the abandoned right-of-way and relocation of the common boundary between subject Lots 13 and 14.

The Planning Office received an application to vacate a partial cul-de-sac on Sacajawea Drive between 8th and 9th Streets Northeast. The involved dedicated right-of-way was actually a bulb-out or a semi-circle with a 50-foot radius. The existing improved roadway along the involved section of Sacajawea Drive was not altered or took into consideration the partial cul-de-sac.

Michael and Constance Butler own and occupy the residence addressed as 821 Sacajawea Drive. Rich and Barbara Osweiler own and occupy the residence addressed as 811 Sacajawea Drive. The Butlers desired to construct an addition to the front of their house. Abandonment of the partial cul-de-sac would allow the Butlers to comply with zoning front yard setback requirements.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9380. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that City Commission adopt Resolution 9380 and authorize the Mayor to execute the Amended Plat of Lots 13 and 14, Block 8, North Riverview Terrace, Section 5, Part 1.

Motion carried 4-0.
 

OLD BUSINESS

Consolidated annual plan including use of 2004/2005 CDBG & HOME funds. Approved.
4.
CONSOLIDATED ANNUAL PLAN INCLUDING USE OF 2004/2005 CDBG & HOME FUNDS.

Community Development Director Mike Rattray reported that the City Commission must adopt as recommended or amend, the final Consolidated Annual Plan for submittal to the U.S. Department of Housing & Urban Development in order for the City to continue to receive Community Development Block Grant and HOME program funds.

The Consolidated Plan is a comprehensive planning strategy required by the U.S. Department of Housing & Urban Development. The Annual Plan portion of the Consolidated Plan included the proposed use of CDBG and HOME funds for the approaching fiscal year. Community Development Block Grant and HOME Grant project applications were received in February 2004. A 30-day comment period beginning March 22, 2004, through April 20, 2004, was established to receive citizen views on the proposed Annual Consolidated Plan, the proposed use of 2004/2005 CDBG and HOME funds, and program performance and policies. A copy of the proposed Consolidated Plan was available for review in the City Community Development Office, the Great Falls Public Library, Opportunities, Inc., Great Falls Senior Citizen's Center, and the Great Falls Housing Authority.

Commissioner Beecher thanked the committee for all the analysis and time put forth. Commissioner Hinz commented on the positive response that was received for the Natatorium pool.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt the Consolidated Annual Plan including the 2004/2005 Community Development Block Grant and HOME Program funds as recommended.

Motion carried 4-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9381, Intent to annex Division Addition, B1, L3. Adopted.
5.
RESOLUTION 9381 INTENT TO ANNEX DIVISION ADDITION.

Planning Director Ben Rangel reported that Resolution 9381 sets a public hearing for May 18, 2004, to consider annexation of Lot 3, Block 1, Division Addition, a 1.515 acre parcel of land located immediately east of the intersection of 17th Avenue Northwest and 1st Street Northwest whereon Accessible Space, Inc., proposed to construct an 18-unit apartment building for the physically disabled.

Apollo Enterprises submitted applications regarding the following:

  1. Amended Plat of Lot 3, Block 1, Division Addition, containing 13.186 acres located between Division Road and 1st Street Northwest and between 16th Avenue Northwest and Smelter Avenue.
  2. Annexation of proposed Lot 3 within said Amended Plat to the City of Great Falls.

Proposed Lot 3 requested to be annexed to the City and located immediately east of the intersection of 17th Avenue Northwest and 1st Street Northwest was the proposed site for an 18-unit apartment building for the physically disabled being developed by Accessible Space, Inc. No development plans are known for proposed Lot 4 (11.671 acres) in the Amended Plat which would remain outside the City and zoned "R-2" Low Density Residential.

Reimbursement is owed to the City and Great Falls Clinic for existing drainage facilities. In addition, the developer of proposed Lot 3 would have to incorporate on-site storm water detention in accordance with City Codes.

At the conclusion of the public hearing on March 23, 2004, the Planning Board unanimously passed a motion recommending the City and County Commissions approve the Amended Plat of Lot 3, Block 1, Division Addition, and the accompanying Findings of Fact and that the City Commission annex Lot 3 contained therein subject to the following conditions being fulfilled by the applicant:

  1. payment of all applicable fees and reimbursements owed;
  2. correction of any errors or omissions on the Amended Plat which may be noted by staff;
  3. resolving with the Community Development Department the apparent deficiency in number of required off-street parking stalls;
  4. preparation of a certificate of title by a title company to be filed with the Amended Plat; and
  5. an annexation agreement.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9381.

Motion carried 4-0.
 

Ordinance 2873, to establish City zoning upon Division Addition. Accepted on first reading and set a hearing for May 18, 2004.
6.
ORDINANCE 2873, TO ESTABLISH CITY ZONING UPON DIVISION ADDITION.

Ordinance 2873 assigns a zoning classification of "C" Residence Use, "C" Area District, to Lot 3, Block 1, Division Addition, upon annexation of same to the City.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2873 on first reading and set a hearing for May 18, 2004, to consider adoption of Ordinance 2873.

Motion carried 4-0.
 

Ordinance 2874, Amending Title 15, Chapters Renumbered and Insertion of Fuel Gas Code. Accepted on first reading and set public hearing for 7:00p.m., May 4, 2004.
7.
ORDINANCE 2874, AMENDING TITLE 15, CHAPTERS RENUMBERED AND INSERTION OF FUEL GAS CODE.

Community Development Director Mike Rattray reported that adopting Ordinance 2874 would keep Great Falls current with the latest code publications and mandatory adoptions by the State.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2874 on first reading and set public hearing for 7:00 p.m., May 4, 2004.

Motion carried 4-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

8.
9.
Total Expenditures of $747,375 for the period of March 29-April 7, 2004, to include claims over $500, in the amount of $695,868. [ Staff Report 9 ]
10
Contracts List. [ Staff Report 10 ]
11.
Lien Release List [ Staff Report 11 ]
12.
Set public hearing for May 4, 2004, on Resolution 9377, Cost Recovery on 706 ½ 3rd Avenue North. (GF Townsite, B256, L2). [ Staff Report 12 ] [ Res. 9377 ]
13.
Reject bids for the River Drive Landscaping CTEP project and authorize the project to be re-bid. (OF 1180.1). [ Staff Report 13 ]
14.
Award bid to Thatcher Company in the amount of $188 per dry ton for the purchase of liquid aluminum sulfate for FY 2004/05. [ Staff Report 14 ]
15.
Award bid to Thatcher Company in the amount of $541.85 per ton for the purchase of liquid chlorine for FY 2004/05. [ Staff Report 15 ]
16.
Award bid to Thatcher Company in the amount of $70.02 per 135 lb. Cylinder for the purchase of anhydrous ammonia for FY 2004/05. [ Staff Report 16 ]
17.
Approve a three-year extension of the contract with JCCS for audit services. [ Staff Report 17 ]
18.
Award bid for two new 4-wheel heavy duty work carts to TurfCare & Specialty Products of Billings in the amount of $30,950 without trade-ins. [ Staff Report 18 ]

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

Motion carried 4-0.
 

BOARDS & COMMISSIONS

Design Review Board. Reappoint Cliff Garness.
19.
APPOINTMENT, DESIGN REVIEW BOARD.

Cliff Garness was appointed to the Design Review Board August 7, 2001, for a three-year term which expires April 30, 2004. Mr. Garness was eligible for and interested in continuing to serve on this Board. Two of the terms of current members serving on the Design Review Board expire on March 31, 2007. Staff was recommending that Mr. Garness be reappointed for two years instead of the normal three-year appointment so the member's terms were staggered. His reappointment would expire March 31, 2006.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Cliff Garness for a two-year term through March 31, 2006.

Motion carried 4-0.
 

Advisory Commission on International Relationships. Appoint Sandra C. Erickson.
20.
APPOINTMENT, ADVISORY COMMISSION ON INTERNATIONAL RELATIONSHIPS.

The term of Ryan Miller expired on March 31, 2004. Mr. Miller was not interested in reappointment. Therefore, it was necessary to appoint one new member to serve in his position.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Sandra C. Erickson to the Advisory Commission on International Relationships for a three-year term expiring March 31, 2007.

Motion carried 4-0.
 

PETITIONS AND COMMUNICATIONS

City Ordinance and Leash Law.

May Chase, 2001 3rd Avenue North, expressed concerns about hantavirus disease and a City Ordinance of cats being on leashes. She stated that with the cats being on leashes they are not able to hunt the mice and the City should revise the Ordinance to allow the cats to be able to be at large so they can hunt.
 

City Commission, and International Relationships.

Sandra C Erickson, 2313 4th Avenue Southwest, stated that she looks forward to working with the City Commission and with International Relationships.
 

Upcoming events.

Park and Recreation Director Jerry Sepich wanted to remind the City of the upcoming events. Sunday, April 25, 2004, Ice Breaker and Saturday, April 24, 2004, Spaghetti feed at 4:30 p.m. The spaghetti feed would be at the Civic Center Convention Center with the Great Falls Community Food Bank.
 

Skate Park.

Mayor Gray asked for an update on the Skate Park and that he would like a recommendation from staff to require wearing helmets. Park and Recreation Director Jerry Sepich stated that the Police Department was able to secure 300 safety helmets that they would be given out at the grand opening. There also had been a noticeable improvement at the skate park since the temporary closure.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of April 20, 2004, adjourned at 7:55 p.m.


Mayor Randy Gray

Carolyn M. Broquist, Deputy City Clerk


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


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