JOURNAL OF COMMISSION PROCEEDINGS
June 1, 2004

Regular City Commission Meeting Mayor Pro Tempore Beecher presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE:

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

FIREFIGHTER SWEARING IN

PUBLIC HEARINGS

Resolution 9382, Conditional Use Robinson Addition, B1, L2. Adopted.
1.
RESOLUTION 9382, FOR CONDITIONAL USE TO PERMIT CONSTRUCTION OF BENEFIS CANCER INSTITUTE ON ROBINSON ADDITION, B1, L2.

Benefis Healthcare, through the firm of CTA Architects Engineers, submitted an application for a conditional use permit to allow construction of a building to accommodate a cancer treatment facility on the northerly portion of Lot 2, Block 1, Robinson Addition, located at the southeast corner of the intersection of 11th Avenue South and 29th Street.

The Planning Board held a public hearing on the request for conditional use on April 13, 2004, and unanimously passed a motion recommending that a conditional use be granted.

Mayor Pro Tempore Beecher declared the public hearing open. There being no one further to speak in support of or opposition to Resolution 9382, Mayor Pro Tempore Beecher declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9382 and approve the accompanying Agreement.

Motion carried 4-0.
 

Resolution 9390, Cost Recovery, GF Townsite Add., B498, L1 and 2. Adopted.
2.
RESOLUTION 9390, COST RECOVERY, GF TOWNSITE ADDITION, B498, L1 AND 2.

On November 25, 2003, the Community Development Department received a complaint concerning the property located at 604 8th Avenue South. On November 25, 2003, Code Enforcement inspected the property and found the structure did not meet requirements set by the ordinances for the City of Great Falls and the 2000 International Residential Code as adopted by reference.

The owner of the property at Lots 1 and 2, Block 498, Great Falls Townsite Addition, was issued a notice of hearing before the City Commission of Great Falls to appear at 7:00 P.M., June 15, 2004. The hearing was to show cause why the owner of the property should not be held liable for the costs incurred in razing the structure known as 604 8th Avenue South.

Mayor Pro Tempore Beecher declared the public hearing open. There being no one further to appear to speak in support of or opposition to Resolution 9390, Mayor Pro Tempore Beecher declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9390.

Motion 4-0.
 

Resolution 9391, Cost Recovery, GF Townsite Addition, B460, L9. Adopted.
3.
RESOLUTION 9391, COST RECOVERY, GF TOWNSITE ADDITION, B460, L9.

On June 6, 2003, the Community Development Department received a complaint concerning the property located at 823 6 Avenue South. Staff has taken the action. Resolution 9391 would allow staff to assess the razing cost against the property itself.

The owner of the property at Lot 9, Block 460, Great Falls Townsite Addition, was issued a notice of hearing before the City Commission of Great Falls to appear at 7:00 P.M., June 15, 2004. The hearing was to show cause why the owner of the property should not be held liable for the costs incurred in razing the structure known as 823 6th Avenue South. Resolution 9391 would allow staff to assess the razing cost against the property itself.

Mayor Pro Tempore Beecher declared the public hearing open. There being no one further to appear to speak in support of or opposition to Resolution 9391, Mayor Pro Tempore Beecher declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9391.

Motion 4-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9400, Relating to $2,500,000 Soccer Park General Obligation Bonds, Series 2004. Adopted.
4.
RESOLUTION 9400, RELATING TO $2,500,000 SOCCER PARK GENERAL OBLIGATION BONDS, SERIES 2004.

The City Commission adopted Resolution 9343 on September 2, 2003, authorizing 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 voting majority favored the issuance. On May 4, 2004, the Commission adopted Resolution 9383, authorizing the issuance and calling for the public sale. Bids were accepted through 11:00 AM (MST) on June 15, 2004. Resolution 9400 would award the sale to the winning bidder and approve the official statement.

The Great Falls Soccer Foundation has worked diligently over the last two and a half years 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 would 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 was 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. They have been able to raise over $435,000 in pledges and naming rights in the initial stages, alone. It was 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, Electric City Soccer Park, American Youth Soccer Association, the School District and the public-at-large.

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

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9400.

Motion carried 4-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

5.
6.
Total Expenditures of $2,918,101 for the period of May 12-19, 2004, to include claims over $500, in the amount of $2,854,666. [ Staff Report 6 ]
7.
Contracts List. [ Staff Report 7 ]
8.
Set public hearing for June 15, 2004, on Resolution 9395, Cost Recovery at 1123 ½ 8th Avenue North. (GF 1st Addition, B84, L9). [ Staff Report 8 ] [ Res. 9395 ]
9.
Award Contract for Great Falls Youth Soccer Park Earthwork and Site Utilities to Shumaker Trucking and Excavating, Inc., in the amount of $548,536. (OF 1397.1). [ Staff Report 9 ]
10.
Award construction contract for Black Eagle Falls Trail to Phillips Construction Company in the amount of $204,999. (OF 1306.1). [ Staff Report 10 ] [*]
11.
Award bid for Bid Schedule B for River Drive Landscaping (Legion Park Entrance) to Williamson Fencing, Inc., in the amount of $67,111.45. (OF 1180.1). [ Staff Report 11 ]
12.
Approve a contract with Energy West for a Gas Line Relocation along 14th Street North between 9th and 10th Alley's North in the amount of $64,365.85. (OF 1215). [ Staff Report 12 ]
13.
Approve Great Falls Soccer Complex Lease Agreement with the Great Falls School District to facilitate the development of the Soccer Complex. [ Staff Report 13 ]
14.
Approve settlement agreement with Garett Boese. [ Staff Report 14 ]

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

Motion carried 4-0.
 

CITY COMMISSION

July 4, 2004, Parade.

Commissioner Jovick-Kuntz reminded the City of Great Falls about the July 4, 2004, parade at 11a.m., Sunday.
 

PETITIONS AND COMMUNICATONS

Storm Drain issues and Tree Assessments.

Clayton Braden, 2708 4th Avenue NW, stated that he had a couple of issues. The first issue was on 7th Avenue NW, 14th and 15th Street, when it rains that area was under water causing residents garages and basements to flood. The second issue was the Tree Assessments. He stated that most of the properties do not have boulevards and trees. He was also concerned about the deadline of the protest of all three resolutions.

City Manager John Lawton stated that notices were sent out on three Resolutions. One of which was on a postcard that had the return address for protests. He stated that there were two options. If fifty-one protest, then the district was voided. If less then fifty-one percent protest, it would not necessarily pass, the process would move to the next phase. Mr. Lawton added that there was potential for owners to receive more then one letter. If the property has more than one parcel, they would receive a letter for every parcel/property that was owned.

Mayor Pro Tempore Beecher reminded the public of the public hearing on June 15, 2004, at 7p.m.

Acting Public Works Director Dave Dobbs stated that they were aware of the problem on 7th Avenue Northwest and 14th through 17th Street. Public Works was looking into a solution.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of June 1, 2004, adjourned into closed session at 7:30 p.m.


Mayor Pro Tempore Beecher

Carolyn M. Horst, Deputy City Clerk


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


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