JOURNAL OF COMMISSION PROCEEDINGS
May 4, 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, Diane Jovick-Kuntz and John Rosenbaum. Also present were the Assistant City Manager, City Attorney, Directors of Community Development, Park and Recreation, Public Works, Fiscal Services, Library, Planning, Fire Chief, Acting Police Chief, and the City Clerk.

PROCLAMATION

CASA Community Service Award. Kim Thiel was recognized and honored for her work with this community program.

National Historic Preservation Week

PUBLIC HEARINGS

Resolution 9385 and Ordinance 2872, Annexation and Zoning for Skyline Heights Addition 6th Supplement. Adopted.
1.&2.
RESOLUTION 9385 AND ORDINANCE 2872, ANNEXATION AND ZONING FOR SKYLINE HEIGHTS ADDITION, 6TH SUPPLELMENT.

Resolution 9384 annexes 6th Supplement to Skyline Heights Addition, consisting of 11 proposed single-family residential lots and dedicates segments of 11th and 12th Streets Northeast and the easterly expansion of Skyline Heights Park. Two easements accommodating utility stubs and vehicular turnarounds at the south end of 11th and 12th Streets Northeast until the two streets are extended were also proposed.

The Planning Board, during a meeting held February 24, 2004, recommended approval of the final plat and annexation of 6th Supplement to Skyline Heights Addition, subject to the following conditions: the applicant execute an annexation agreement; the applicant pay all applicable fees; and final engineering documents for required public improvements be approved by the Public Works Department. The above stated conditions have been fulfilled.

Ordinance 2872 assigns a zoning classification of "A" Residence Use, "A" Area District, to Skyline Heights Addition, Phase 6.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9385 or Ordinance 2872. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that City Commission adopt Resolution 9385.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2872.

Motion carried 5-0.
 

Resolution 9377, Cost Recovery GF Townsite, B256, L3. Adopted.
3.
RESOLUTION 9377, COST RECOVERY, GF TOWNSITE, BLOCK 256, LOT 3.

The owner of property at East ½ of Lot 2 and the West 40' of GF Townsite, Block 256, Lot 3, was issued a "Notice of Hearing" to appear at City Commission meeting at 7:00 p.m., May 4, 2004. The purpose for 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 706½ 3rd Avenue North. The incurred expenses totaled $3,220.

The owner of the property was given sixty days from December 10, 2003, to obtain either a repair or razing permit. Neither a permit nor an appeal was filed for during the allotted time set by the International Building Code. The following action was taken:

  • Initial complaint taken by staff on 12-01-03
  • Initial inspection of property on 12-01-03
  • Ownership and encumbrance report ordered on 12-02-03
  • Condemned on 12-10-03
  • Razing application applied for on 02-13-04
  • Razing completed on 03-26-04
  • Final inspection and approval by staff on 04-02-04

Proposals for razing the structure were taken with the contract awarded to Wayne Riley Construction.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9377. Mayor Gray declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz that the City Commission adopt Resolution 9377.

Motion carried 5-0.
 

Ordinance 2874, Amending Title 15. Adopted.
4.
ORDINANCE 2874, AMENDING TITLE 15, RENUMBERING CHAPTERS AND INSERTING THE 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.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2874. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that City Commission adopt Ordinance 2874.

Motion carried 5-0.
 

OLD BUSINESS

Missouri River Corridor Master Plan. Adopted as amended.
5.
MISSOURI RIVER CORRIDOR MASTER PLAN.

Andrew Finch, City/County Planning, reported that the Missouri River Corridor Master Plan was written to guide the development and redevelopment of lands along the Missouri River in Great Falls. On January 13, 2004, the Great Falls City-County Planning Board approved the Missouri River Corridor Master Plan and recommended approval by the City and Cascade County Commissions. At a public hearing held February 3, 2004, the City Commission voted to table the adoption of the Plan until it could be presented to the Neighborhood Councils.

As a result, three meetings were held with each of three combined Councils on February 19, February 24 and March 10. The Councils were given a presentation on the background, content and intent of the Plan, and public comment was gathered. The comments were grouped and summarized by staff, and recommendations on how to address the grouped comments were prepared. These comments and recommendations were submitted with agenda materials given to the City Commission. Based upon public comments received at the Neighborhood Council meetings and a comparison of those comments with the contents of the Plan, staff recommended the name of the Plan be changed to the "Missouri River Urban Corridor Plan," and a paragraph be added on the importance of preserving and enhancing scenic views of the River.

Mr. Finch continued stating that a primary purpose of the Corridor Plan is to stimulate positive, quality growth and redevelopment of underutilized lands along the corridor. A companion study and report, the "Missouri River Urban Corridor Inventory & Assessment," was prepared by a consultant for the Cascade County Conservation District to document existing conditions, potential restoration and enhancement opportunities of the riverbanks in the Great Falls area. This study complements the Missouri River Urban Corridor Plan and was included by reference in the Corridor Plan. This companion plan more directly addresses the preservation and restoration interests proposed in the Corridor Plan.

The Corridor Plan also included an Implementation Strategy that, if followed, would lead to a more vital riverfront with healthier, more sustainable and more economically viable land uses. Staff emphasized that the Plan was a guide, not a regulatory document. It should serve as a guide for revision and update of City and County codes, regulations and development policies. And, as both public and private investment occurred in the Corridor, the document should be used as a reference.

Finally, Mr. Finch stated, the Plan did not address all possible issues in the Corridor. Other plans, such as the Comprehensive Park & Recreation Master Plan, Growth Policy and Transportation Plan, cover some concepts in more detail than was appropriate in the Corridor Plan.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission remove from the table for further discussion and action, the adoption of the Missouri River Corridor Master Plan.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that City Commission adopt the re-titled Missouri River Urban Corridor Plan with changes recommended by staff.

Mayor Gray asked if there was anyone in the audience who wanted to address the Commission regarding the Plan. The following people addressed the Commission, all of which requested the City Commission retable the plan in order to give the public more opportunity to study it further. Additionally, they all recommended the City Commission create an advisory commission in relation to the river corridor plan. Finally, they stated they did not support the current development of Broadwater Bay and wanted to prevent future developments of that sort. Aart Dolman, 3616 Central Avenue; Stuart Lewin, 615 3rd Avenue North; Sue Strickland, 609 2nd Avenue SW, Ron Metson, 122 Treasure State Drive, and Mike Witsoe, 510 11th Street South.

Rick Evans, 710 1st Avenue North, President of the Chamber of Commerce, read a letter of support for the plan which was signed by himself and the Board Chairman Bill Johnstone.

George Gallagher also addressed the Commission stating that the plan did not contain elements necessary for a master plan. He added that the process to create and adopt the plan did not involve the public and it offered a lot of flexibility to developers who have, in his opinion, become the major planning force in this community.

Jean Hunter, 518 6th Avenue South, suggested that it was not only important to see the river, but to have access to it as well. She encouraged the Commission to save the park land associated with the river and questioned why developers were not required to use empty buildings rather than build new buildings along the riverfront.

There being no further discussion from the audience, Mayor Gray asked for discussion from the Commission.

Commissioner Beecher asked Mr. Finch to clarify when this plan was first originated. Mr. Finch replied in the fall of 2001. Planning Director Ben Rangel summarized the activities regarding the creation of the plan since the fall of 2001. He emphasized that a working group of stakeholders were brought together to draft the original plan.

Commissioner Beecher stated that since his tenure on the Commission, there had never been a plan that had received as much public input and public process as this plan. He added that adoption of this plan would not preclude future public involvement as proposals to develop the riverfront came forward. He added that he favored the suggestion of creating an advisory commission in relationship with this plan.

Commissioner Jovick-Kuntz concurred with Commissioner Beecher. She added that this plan was a guide and not a regulatory document.

Commissioner Hinz did not favor giving the public an opportunity to "tweak" the plan which implied to her that the plan was moving more towards a regulatory document rather than a guide. She also supported the suggestion of creating an advisory board.

Commissioner Rosenbaum concurred with the previous comments. He emphasized, in relationship to the development on Broadwater Bay, that the zoning code was the only tool the Commission had to regulate land development and that property owners can use their property within the confines of the zoning laws.

Mayor Gray concurred with the comments made. He asked the Planning Director to review the proposal to create an advisory commission and bring that back to the Commission.

There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9383, Related to $2,500,000 in General Obligation Bonds for the Soccer Park project. Adopted.
6.
RESOLUTION 9383 RELATING TO $2,500,000 GENERAL OBLIGATION BONDS FOR THE SOCCER PARK PROJECT

The City Commission adopted Resolution 9343 on September 2, 2003. This resolution authorized staff to submit to the electors of the City of Great Falls, on the November 4, 2003 general election, whether or not to issue $2,500,000 of General Obligation Bond financing over a term of twenty years. The bond proceeds would be used to aid in the construction of a $3,400,000 Soccer Park Project. The voting majority favored the issuance.

The Great Falls Soccer Foundation worked to develop a plan to construct and operate a Soccer Park that would be owned by the City of Great Falls. This "project" included the purchase of land on the east end of the City, and the construction and equipping the facility to be known as "The Electric City Soccer Park." The facility will be owned by the City, but operated and maintained through a lease by the Great Falls Soccer Foundation. Funding the operations and maintenance of the project was not an ongoing responsibility of the City, but would be paid from an endowment fund and/or revenues collected from use of the facilities. The remaining $900,000 is to be provided through fund raising efforts of the Great Falls Soccer Foundation.

In April of 2004, the Great Falls Soccer Foundation began its Capital Campaign fund raising efforts. It is the intention of the foundation to operate the facility on a self-sufficient basis, by an Operating Committee comprised of representatives from the Foundation, the City of Great Falls, ECSC, AYSO, the School District and the public-at-large.

MCA 7-16-4104 authorizes cities and towns to incur indebtedness upon the credit of the city for procuring various cultural, social or recreations improvements provided the indebtedness does not exceed limits established by law. The City currently has no general obligation indebtedness. This project does not cause the City to exceed its general statutory indebtedness limitations which is currently calculated at more than $28,900,000 or its debt limitation for recreational facilities which is currently at more than $17,200,000.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9383.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

7.
8.
Total Expenditures of $866,415 for the period of April 8-21, 2004, to include claims over $500, in the amount of $806,487. [ Staff Report 8 ]
9
Contracts List. [ Staff Report 9 ]
10.
Lien Release List [ Staff Report 10 ]
11.
Set public hearing for June 1, 2004, on Resolution 9382, Conditional Use Permit to allow construction of an approximate 55,000 sq. ft. building for the Sletten Regional Cancer Institute at Robinson Addition, Block 1, Lot 2. [ Staff Report 11 ] [ Res. 9382 ]
12.
Set public hearing for May 18, 2004, on Resolution 9385, launch fees at Broadwater Bay. [ Staff Report 12 ] [ Res. 9385 ]
13.
Approve contract for the Offline Medical Director with Dr. Vega for fiscal year 2004/05. [ Staff Report 13 ]
14.
Approve Change Order No. 1 in the amount of $3,527.99 for the Water Treatment Plant Boiler Replacement Project (OF 1199.4). [ Staff Report 14 ]
15.
Approve contract in the amount of $492,401.50 with Planned & Engineering Construction, Inc. for the Trenchless Sewer Rehabilitation, Phase 10 (10th Avenue North. OF 1174.1). [ Staff Report 15 ]
16.
Award contract in the amount of $67,169.10 to M&D Construction and Excavating for the 10th Avenue North Water Main Extension (OF 1397.1). [ Staff Report 16 ]
17.
Award contract in the amount of $280,563.45 to United Materials of Great Falls for the 36th Avenue Northeast Overlay. (OF 1380.3) [ Staff Report 17 ]
18.
Award bid in the amount of $62,000, including trade-in, to Tri-State Truck & Equipment of Great Falls for one new smooth drum vibratory roller. [ Staff Report 18 ]
19.
Authorize execution of the Settlement Agreement-Release and Assignment of Raeleigh Parson's claim. [ Staff Report 19 ]

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Mike Witsoe asked that the Broadwater Bay launch fee information be available to the public so they may have an opportunity to understand the intent of the Commission. He also asked, in relationship to Item 19, if the cause for the accident was determined. City Attorney Gliko stated that no determination of fault was made with the settlement.

Motion carried 5-0.
 

BOARDS & COMMISSIONS

Preliminary Plat, East Ridge Addition, Phases 1-3. Approved.
20.
PRELIMINARY PLAT OF EAST RIDGE ADDITION, PHASES 1-3.

East Ridge Addition, Phases 1-3, located south of the former K-Mart Store on 10th Avenue South consists of 28 proposed single-family residential lots and segments of 12th Avenue South and 44th Street South. C & W Development, Inc., submitted applications regarding the Preliminary Plat and rezoning as they are annexed to the City from the current County "B-2" General Business District and "A" Agricultural District to either the City "PUD" Planned Unit Development District or "A" Residence Use, "A" Area District

The Planning Board conducted a public hearing on the preliminary plat on April 13, 2004. At the conclusion of the public hearing, the Planning Board unanimously passed a motion recommending the City and County Commissions approve the preliminary plat of East Ridge Addition, Phases 1-3 and the accompanying Findings of Fact subject to the following conditions being fulfilled: the final plat of each phase incorporate correction of any errors or omissions noted by staff; the final engineering drawings and specifications for the required public improvements to serve each phase be submitted to the Public Works Department for review and approval prior to finalization of each phase; an Annexation Agreement for each phase of the subdivision be signed; the final plat of Phases 1 and 3 be accompanied by a detailed dimensioned site plan locating potential building envelope and setbacks from property lines for each PUD lot; and all applicable fees paid.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the preliminary plat of East Ridge Addition, Phases 1-3 and the accompanying Findings of Fact subject to fulfillment of conditions stipulated by the Planning Board.

Motion carried 5-0.
 

Great Falls Housing Authority. Appointments.
21.
REAPPOINTMENT, GREAT FALLS HOUSING AUTHORITY

The terms of Rosetta McIalwain and Albert Anderson expire on May 31, 2004. Ms. McIalwain was appointed to the Board in September of 2000, and has served two terms. Mr. Anderson was appointed in January of 2002. Mr. Anderson was interested in reappointment.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission reappoint Albert Anderson as a tenant member to the Great Falls Housing Authority for a two-year term through May 31, 2006.

Motion carried 5-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of May 4, 2004, adjourned at 8:43 p.m.


Mayor Randy Gray

Peggy J. Bourne, City Clerk


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


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