JOURNAL OF COMMISSION PROCEEDINGS
August 17, 2004

Regular City Commission Meeting Mayor Pro-Tempore Beecher Presiding

CALL TO ORDER: 7:01 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, Library, Planning, Chiefs of Police and Fire, Acting Directors of Public Works and Planning, and the Deputy City Clerk.

FIREFIGHTERS SWEARING IN
Spencer Swingley
Ryan Downard was not available at this time.

PRESENTATIONS: Veteran's Memorial Update

Sam Pappas, Chairman of the Montana Veteran's Memorial, reported that the last time he met with the Commission the Memorial group's goal was to sell 1200 tiles to finish the inside of the living memorial. They had exceeded that amount and had sold over 1500 tiles. The profit from the tiles and the miniature angels was not enough to build the memorial. Their expenditures were over $200,000 and they would need another $325,000 to complete the project. Mr. Pappas stated that they were looking for a couple of large major contributors. They would like the project completed by Veteran's Day 2005, or July 4, 2005, for the Lewis & Clark Bicentennial.

PUBLIC HEARINGS

Resolution 9422, Annexation of Eagle's Crossing Phase 1. Adopted.

Ordinance 2883, Zoning of Eagle's Crossing Phase 1. Adopted.

1.
RESOLUTION 9422, FINAL PLAT, ANNEXATION AGREEMENT, AND EASEMENTS ALL RELATED TO EAGLE'S CROSSING PHASE 1, AND A SEGMENT OF BOOTLEGGER TRAIL.
2.
ORDINANCE 2883, TO ESTABLISH CITY ZONING UPON EAGLE'S CROSSING PHASE 1.

Acting Planning Director Bill Walters reported that Resolution 9422 would annex Eagle's Crossing Phase 1, a 59 lot residential subdivision located along the west side of Bootlegger Trail about a half mile north of 36th Avenue Northeast. The accompanying agreement contains terms and conditions associated with subdivision and annexation. The easements accommodate utility mains and public infrastructure outside the boundaries of the subdivision necessary to serve the development.

In April, the City and County Commissions conditionally approved the preliminary plat of this development. Eagle's Crossing, Phase 1, which encompasses 36 acres, consists of 58 single family and 1 multifamily lots and an 11-acre park. To provide contiguity to the existing City Limits, an approximate 4,800-foot segment of the Bootlegger Trail was also proposed to be simultaneously annexed to the City.

The Planning Board, during a meeting held July 13, 2004, recommended approval of the final plat of Eagle's Crossing Phase 1 and annexation of the area subject to the following conditions: the applicant execute an annexation agreement; the applicant pay all applicable fees; any errors or omissions on the final plat noted by staff shall be corrected; final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department; applicant shall obtain all necessary approvals from the Montana Department of Transportation for the proposed approach onto the Bootlegger Trail.

Mayor Pro-Tempore Beecher declared the public hearing open. Speaking in favor was Matthew Rosendale, 1954 Highway 16, Glendive, (owner of property). He thanked the Commission and staff for working with him on this project. He stated that he had worked with Planning staff, Department of Public Works, Park and Recreation, Community Development and Commission and that it had been a very good experience.

There being no one further to speak in support of or opposition to Resolution 9422 or Ordinance 2883, Mayor Pro-Tempore Beecher declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Resolution 9422 and approve the final plat, Annexation Agreement and Easements all related to Eagle's Crossing Phase 1.

Commissioner Jovick-Kuntz asked Acting Planning Director Bill Walters how much of Bootlegger Trail would be annexed into the City. Mr. Walters stated that it was approximately three quarters of a mile from 36th Avenue Northeast going north on Bootlegger Trail.

Motion carried 4-0.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2883.

Motion carried 4-0.
 

B. I. D. 2004/2005 Budget and work plan. Approved.
3.
BUSINESS IMPROVEMENT DISTRICT 2004/2005 BUDGET AND WORK PLAN.

Greg Madson, Executive Director of the Business Improvement District, (BID), reported that the Business Improvement District submitted their 2004/2005 budget and work plan for approval by the City Commission. The Commission must hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission would be asked to levy an assessment of the district to defray all costs. The assessment requested was according to the assessment formula approved with the creation of the district.

Mr. Madson stated that there were a few minor differences from last fiscal year. The BID was working on some redevelopment projects, residential projects, and also working on other grants that would allow them to award more money per project.

Mayor Pro-Tempore Beecher declared the public hearing open. There being no one to speak in support of or opposition to the BID 2004/2005 Budget and Work Plan Mayor Pro-Tempore Beecher declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the 2004/2005 Business Improvement District budget and work plan.

Motion carried 3-0-1. (Commissioner Jovick-Kuntz recused herself due to part of the funding for her part-time salary was funded through the Business Improvement District).
 

OLD BUSINESS

Amendment # 5 with Veolia Water North America Operating Services. Approved.
10.
AMENDMENT # 5 TO WASTEWATER PLANT O&M CONTRACT. (OF 1010). (Moved from Consent Agenda).

City Manager John Lawton introduced Mike Jacobson, Supervisor of the City Water Plant, who reported on the operation and maintenance of the contract. Mr. Jacobson stated that the City had an on going relationship with the Veolia Water for nearly thirty years and that the relationship had been very satisfactory. This contract extension was the second extension that the City had done under the original contract. Mr. Jacobson added that the capital improvements would be installed by Veolia under this contract. City Manager John Lawton stated that the proposed amendment performs five functions: 1) it extends the term of the contract until March 31, 2015; 2) it renews the Community Investment provision of the original contract, requiring a $400,000 grant/loan package to provide investment in the community; 3) it continues a program to install certain capital improvements at the plant and lift stations; 4) it increases the repair and maintenance budget to allow maintenance on the instrumentation improvements, and; 5) it makes a number of clarifications and updates to the contract language.

Mr. Lawton added that the current contract expires March 31st, 2005, and that it was in the City's interest to continue using Veolia Water North America Operating Services, (VWNAOS). He also added that it was beneficial to continue to use VWNAOS' expertise and familiarity with our plant in performing capital improvements. The improvements addressed by this amendment were continued improvements to the instrumentation system and minor capital projects under $20,000. Funding would come from the Sewer Division and the capital projects performed by VWNAOS would be contingent on the availability of funding from the Sewer Division Capital Improvement Budget. He added that the company had operated for several years for the City and had no EPA fines and continues to maintain a satisfactory relationship with the City.

Mr. Lawton added that with this ten-year contract that VWNAOS incorporated a cash contribution of $200,000 for economic development activities of the City's choice. In addition, it was making available $200,000 in low interest loan money to the City for economic development. The loan money was available any time and was payable over ten years at five percent per year. VWNAOS was part of a global corporate entity. This demonstrates their commitment to Great Falls' growth and development which was important for their corporate interests and the community's well being.

This part of the contract would help the City meet its commitment to the Centene project and to expand the land on which the project was being built into a medical technology office park. Mr. Lawton stated that he proposed to use the $200,000 loan money to acquire ten acres more than Centene needed to be held specifically for related, medically-oriented businesses generated locally or recruited by Great Falls Development. He added that the medical corridor was growing rapidly and that a master planning effort for the area was underway, funded jointly by the Great Falls Clinic, Benefis Healthcare, and the City. The area would be a major component of our community's economic growth well in the future.

Mr. Lawton also proposed that the $200,000 cash contribution be used to meet a portion of the City's commitment for the support package necessary to fully develop the Centene property. It would require about $1 million from the City between now and the completion of construction to meet the community's obligation to help complete the project. The acceptable rule of thumb benchmark in economic development circles for job creation cost was up to $10,000 per job. He also added that the recommendations were not something that had to be acted on at this point.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission approve Amendment # 5 to the Operation and Maintenance contract with Veolia Water North America Operation Services.

Motion carried 4-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9399, Annual Tax Levy. Adopted.
4.
RESOLUTION 9399, ANNUAL TAX LEVY.

City Manager John Lawton reported that the City received the taxable valuation for the City from the Department of Revenue. Accordingly, the City can now compute and set its annual mill levy.

The proposed mill levy was 131.64 mills, which provided for the same mills levied in the previous year plus:

  • a less than one percent tax levy increase as allowed by MCA 15-10-420 for inflation;
  • normal tax revenue growth from the $2,030,124 in newly taxable property resulting from new construction; and,
  • a levy of 4 mills for debt service payments for the soccer park.

The public hearing on our Intent to Increase Property Taxes .968% was held on July 6, 2004, in accordance with MCA 15-10-203.

The total mill levy for 2004 was 131.64 mills totaling $8,737,999. This included a levy of 4 mills for soccer park debt service payment which was $265,512 of the $8.7 million.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopted Resolution 9399.

Motion carried 4-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

5.
6.
Total Expenditures of $2,740,164 for the period of July 28 through August 4, 2004, to include claims over $500, in the amount of $2,793,106. [ Staff Report 6 ]
7.
Contracts list. [ Staff Report 7 ]
8.
Set public hearing for September 7, 2004, on Resolution 9412 to Levy and Assess Special Maintenance Lighting Districts. [ Staff Report 8 ] [ Res. 9412 ]
9.
Award Construction Contract for the 9th Avenue South Water Main Replacement to Zaco Inc., in the amount of $263,345. (OF 1279.0). [ Staff Report 9 ]
10.
Moved to Old Business.
11.
Approve Engineering Contract Amendment #1 with Thomas, Dean & Hoskins, Inc., for additional Engineering services on the Electric City Soccer Park in an amount not to exceed $42,409.28. (OF 1397). [ Staff Report 11 ]
12.
Approve Change Order #1 to Shumaker Trucking and Excavating in the amount of $35,246 for the Excavation and Site Utilities Phase of the Electric City Soccer Park. (OF 1397). [ Staff Report 12 ]
13.
Approve the purchase of 150 electronic parking meter mechanisms and plastic domes from Duncan Industries in the amount of $22,071. [ Staff Report 13 ]

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

Motion carried 4-0.
 

BOARDS AND COMMISSIONS

Golf Advisory Board Appointed Thom Babinecz.
14.
APPOINTMENT, GOLF ADVISORY BOARD.

Kevin Fisher was appointed as the Malmstrom Golf Association representative to the Golf Advisory Board on June 18, 2002. Mr. Fisher resigned his position; therefore, it was necessary to appoint a new member to fill the remainder of his term.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission appoint Thom Babinecz as the Malmstrom Golf Association representative to fill the remainder of a three-year term expiring March 31, 2005.

Motion carried 4-0.
 

NEIGHBORHOOD COUNCILS

Define livestock for the City limits.
15.

Donna Stebbins, 811 8th Avenue North, Neighborhood Council 7, stated that the City Code did not define livestock and asked the Commission to provide one. She provided several examples from codes from other cities.

Mayor Pro-Tempore Beecher stated that the Commission would look into the issue.
 

CITY MANAGER

International Relations.
16.

City Manager John Lawton reminded the Commission and the public that Ordinance 2878 skate park rules would be going into effect. Park and Recreation Director Jerry Sepich reported that on August 19, 2004, the ordinance for helmets and protective gear goes into effect. On August 23, 2004, enforcement would begin. Commissioner Beecher asked if Benefis was providing free helmets. Mr. Sepich stated that details to provide free helmets were still being worked out with Benefis.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of August 17, 2004, adjourned 8:55 p.m.


Mayor Pro-Tempore Bill Beecher

Carolyn M. Horst, Deputy City Clerk

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


Home => Records => Commission Minutes Listing Page => 2004 Commission Minutes