JOURNAL OF COMMISSION PROCEEDINGS
October 5, 2004

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:04 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, Acting City Attorney, Directors of Community Development, Library, Planning, Public Works, Acting Directors of Fiscal Services, Park and Recreation, Acting Police Chief, Fire Chief, and the Deputy City Clerk.

PUBLIC HEARINGS

Resolution 9426, Annexation of Mount Olivet Subdivision. Adopted.

Ordinance 2885, to establish City zoning upon Mount Olivet subdivision. Adopted.

1.
RESOLUTION 9426, MINOR PLAT, FINDINGS OF FACT, ANNEXATION AGREEMENT AND ASSIGNMENT OF EASEMENT ALL RELATED TO MOUNT OLIVET SUBDIVISION.
2.
ORDINANCE 2885, TO ESTABLISH CITY ZONING UPON MOUNT OLIVET SUBDIVISION.

Planning Director Ben Rangel reported that Resolution 9426 annexes Lot 2, Block 1, Mount Olivet Subdivision. Subject Lot 2 consists of 13 acres located immediately east of Mount Olivet Cemetery and was the proposed site for a monastery to accommodate up to ten members of the Poor Clares, a religious order of the Catholic Church. The accompanying Agreement contains terms and conditions associated with annexation of subject Lot 2.

The Planning Board conducted a public hearing on the applications on July 13, 2004. At the conclusion of the hearing, the Planning Board passed a motion recommending the City and County Commissions approve the Minor Plat of Mount Olivet Subdivision and the accompanying Findings of Fact and that the City Commission annex Lot 2 subject to the following conditions: any errors or omissions noted by staff including provision of an easement was subject to relocation; final engineering drawings and specifications for the required public improvements to service development shall be submitted to the Public Works Department for review and approval prior to governing body approval of the minor plat; an Annexation Agreement containing terms and conditions for annexation including agreement by the applicant to install the required public improvements within two years of the date of annexation and to provide future utility easements to the boundaries of Lot 2 to accommodate eventual looping of the water main; the applicant pay all applicable fees; applicant assign to City the appropriate easement to accommodate planned sanitary sewer and water mains between the southerly terminus of 32nd Street South in Mountain View Terrace Addition, and the east boundary of subject Lot 2. The above-mentioned conditions have been fulfilled.

Ordinance 2885 assigns a zoning classification of "C" Residence Use, "A" Area District, to Lot 2, Block 1, Mount Olivet Subdivision, located immediately east of Mount Olivet Cemetery, upon annexation of same to City.

Mayor Gray declared the public hearing open. Sue Ann Strickland, 609 2nd Avenue Southwest # 4, stated that she was in favor of the annexation and that this was a positive move on the City's part.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9426 and approve the Minor Plat and Findings of Fact for Mount Olivet Subdivision, the assignment of easement and the Annexation Agreement for Lot 2, Block 1.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2885.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9427, Intent to annex amended plat L4, B1, Benefis West Subdivision. Adopted.
3.
RESOLUTION 9427, INTENT TO ANNEX AMENDED PLAT LOT 4, BLOCK 1, BENEFIS WEST SUBDIVISION.

Planning Director Ben Rangel stated that Resolution 9427 sets a public hearing for November 3, 2004, to consider annexation of the area within the Amended Plat of Lot 4, Block 1, Benefis West Subdivision. Subject area is located between Benefis Court and the Grandview Trailer Court.

The Planning Board conducted a public hearing on the applications on August 24, 2004. At the conclusion of the hearing, the Planning Board passed a motion recommending the governing bodies approve the Amended Plat of Lot 4, Block 1, Benefis West Minor Subdivision and Amended Plat of St. Peregrine Addition, and the accompanying Findings of Fact and that the City Commission annex the property contained therein subject to the following conditions: the applicant pay all applicable fees; preparation of a certificate of title by a title company to be filed with the amended plat; correction of any errors or omissions on the amended plat, which may be noted by staff including placement of an easement to accommodate the Grandview sanitary sewer main and entering into an annexation agreement.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9427.

Motion carried 5-0.
 

Ordinance 2886, to establish City zoning upon L4A and 4B of the amended plat of L4, B1, Benenfis West Subdivision. First reading and set public hearing to November 3, 2004.
4.
ORDINANCE 2886 TO ESTABLISH CITY ZONING UPON LOTS 4A AND 4B OF THE AMENDED PLAT OF LOT 4, BLOCK 1, BENEFIS WEST SUBDIVISION.

Ordinance 2886 assigned a zoning classification of "C" Residence Use, "B" Area District, to Lots 4A and 4B of the Amended Plat of Lot 4, Block 1, Benefis West Subdivision, upon annexation of same to City. The Ordinance also grants a conditional use allowing an office building on subject Lot 4B.

Benefis Healthcare had requested Lots 4A and 4B of the Amended Plat of Lot 4, Block 1, Benefis West Subdivision, be rezoned, upon annexation of same to City, from the current County "R-2" Low Density Residential District to the City "C" Residence Use, "B" Area District.

Subject Lots 4A and 4B were bordered on the north by an area zoned "C" Residence Use which was occupied by support facilities associated with the Benefis West Campus, bordered on the east by a mobile home court and a vacant parcel zoned Local Business, bordered on the west by a health works/fitness center and a child care facility and bordered on the south by a large unincorporated undeveloped parcel.

The existing shop building on Lot 4A serving the Benefis West Campus and the proposed office building on proposed Lot 4B would not be out of character considering existing uses and zoning classifications in the neighborhood. Staff concluded the above-cited criteria were substantially met. Property zoned "C" Residence Use allowed hospitals and clinics and offices as conditional uses.

The Planning Board, at the conclusion of a hearing held August 24, 2004, passed a motion recommending the City Commission assign a zoning classification of "C" Residence Use, "B" Area District, to Lots 4A and 4B of the Amended Plat of Lot 4, Block 1, Benefis West Subdivision, upon annexation to the City, with a conditional use allowing an office building on subject Lot 4B.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2886 on first reading and set a hearing for November 3, 2004, to consider adoption of Ordinance 2886.

Motion carried 5-0.
 

Resolution 9428, Authorizing the release of Special Improvement District (SID) revolving fund cash surplus to the general fund. Adopted.
5.
RESOLUTION 9428, AUTHORIZING THE RELEASE OF SPECIAL IMPROVEMENT DISTRICT (SID) REVOLVING FUND CASH SURPLUS TO THE GENERAL FUND.

Melissa Kinzler, Assistant Director of Fiscal Services, reported that staff recommended the City Commission release $200,000 in SID Revolving Fund cash to the General Fund. This amount was determined to be a surplus of required cash balances. The balance would continue to maintain reserves at $218,414. This balance was 4.3 times greater than the minimum required balance of $49,713

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9428.

Motion carried 5-0.
 

Ordinance 2887, Amending Title 15, Chapter 15.15, pertaining to the International Energy Conservation Code.
6.
ORDINANCE 2887, AMENDING TITLE 15, CHAPTER 15.15, PERTAINING TO THE INTERNATIONAL ENERGY CONSERVATION CODE.

Community Development Director Mike Rattray reported that the Administrative rules of the State of Montana require that local governments with a code enforcement program must within 90 days of receipt of notice; update the local codes to the latest codes adopted by the State. The City of Great Falls received notice that the State had adopted the International Energy Conservation Code on September 1, 2004. Adopting Ordinance 2887 would keep Great Falls current with the latest mandatory adoptions by the State.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission accept Ordinance 2887 on first reading and set public hearing for 7:00 p.m., October 19, 2004.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

7.
8.
Total Expenditures of $2,018,983, for the period of September 13-22, 2004, to include claims over $500, in the amount of $1,970,591. [ Staff Report 8 ]
9.
Contracts list. [ Staff Report 9 ]
10.
Explore! The Big Sky Contracts List. [ Staff Report 10 ]
11.
Lien Releases. [ Staff Report 11 ]
12.
Awarded construction contract to David W. Kuglin Construction for the 2004 CDBG ADA Handicap Ramps and Park Sidewalks in the amount of $60,488. (OF 1399.1). [ Staff Report 12 ]
13.
Awarded construction contract to Phillips Construction for the Bay Leaf Sewer Service Reroute in the amount of $78,975. (OF 1174.9). [ Staff Report 13 ]
14.
Approved Change Order No. 1 and Final Payment to Great Falls Sand and Gravel and the State Miscellaneous Tax Division for the Library West Parking Lot in the amount of $9,776.16. (OF 1394). [ Staff Report 14 ]
15.
Approved final payment to Shumaker Trucking and Excavating, Inc., and the State Miscellaneous Tax Division for the Great Falls Youth Soccer Park, Earthwork and Site Utilities in the amount of $28,955.62. (OF 1397.0). [ Staff Report 15 ]
16.
Approved final payment to Wadsworth Builders, Inc., for the Great Falls Youth Soccer Park, Compost, in the amount of $18,028.79. (OF 1397.3). [ Staff Report 16 ]
17.
Approved Labor Agreement between the City of Great Falls and the Great Falls Police Protective Association. [ Staff Report 17 ]
18.
Approved cancellation of unclaimed and unreturnable court bond checks for the period of one (1) year or longer. [ Staff Report 18 ]
19.
Approved amended plat of Lot 1, Block 10, Broadwater Bay Business Park, which subdivides an existing 2.684 acre parcel located along the south side of 3rd Avenue South between the BNSF Railroad right-of-way and Park Drive South into two lots. [ Staff Report 19 ] [*]

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Preliminary plat of South Park Addition. Approved.
20.
PRELIMINARY PLAT OF SOUTH PARK ADDITION.

Planning Director Ben Rangel reported that the preliminary plat of South Park Addition was located between Grande Vista Park and Flood Road and consists of 18 single-family residential lots.

Owner/developer North Park Investments, LLC, has submitted applications regarding the following:

  1. Preliminary plat of South Park Addition.
  2. Annexation of South Park Addition.
  3. Rezoning the area requested to be annexed to the City from the current County "R-2" Low Density Residential District to the City "A" Residence Use, "B" Area District.

The Planning Board conducted a public hearing on the preliminary plat on September 14, 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 South Park Addition and the accompanying Findings of Fact subject to the following conditions being fulfilled by the applicant: final plat shall incorporate correction of any errors or omissions noted by staff; the Public Works Department approve the final engineering drawings and specifications for the required public improvements to serve the subdivision; all applicable fees be paid; a financial surety (i.e. certificate of deposit) shall be established in the name of the owner/developer and City to cover the Subdivision's proportionate share of the costs for future roadway and remaining water main in the abutting portion of Flood Road. The amount of the surety shall be based upon 50 percent of the estimated costs of a standard City minor roadway section and 8-inch water main bordering the 265 feet west boundary of South Park Addition and provision of any off-site easements to accommodate utilities necessary to serve the subdivision.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the preliminary plat of South Park Addition and the accompanying Findings of Fact subject to fulfillment of conditions stipulated by the Planning Board.

Motion carried 5-0.
 

Great Falls Housing Authority Board. Appointed Grace Mclean.
21.
APPOINTMENT, GREAT FALLS HOUSING AUTHORITY BOARD.

Rosetta McIalwain was appointed to the Board in September 2000, served two terms and was reappointed on June 15, 2004, to serve a term through May 31, 2006. Ms. McIalwain passed away shortly after the June reappointment. Therefore, it was necessary to appoint a new member to fill her term.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Grace Mclean as a tenant member to the Great Falls Housing Authority Board for the remainder of a two-year term through May 31, 2006.

Motion carried 5-0.
 

Appointment, Civic Center Advisory Board.
22.
APPOINTMENT, CIVIC CENTER ADVISORY BOARD.

JoAnn Roach was appointed December 16, 2003, to serve a three-year term ending December 31, 2006. Ms. Roach recently resigned her position on the Board; therefore, it was necessary to appoint one new member to fill the vacancy.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission Al Faechner to the Civic Center Advisory Board to fill the remainder of a three-year term, ending December 31, 2006.

Motion carried 5-0.
 

NEIGHBORHOOD COUNCIL

Neighborhood Council. Boys and Girls Club. Bloomingdale Park. West Bank Park.
23.

Sue Ann Strickland, 609 2nd Avenue Southwest # 4, Neighborhood Council # 2, congratulated the Boys and Girls Club for all that they do. She also asked when Bloomingdale Park project was going to start and she wanted confirmation that West Bank Park land was not going to be sold of deposed of. Patty Gumenberg stated that she would contact Sue Ann Strickland with the information to Bloomingdale Park project. City Manager John Lawton stated that the West Bank Park would remain the same. He also added that there were no significant changes to the boundaries and that nothing would be done to harm the park.
 

CITY MANAGER

Open House for proposed new zoning and land development code.
24.

Assistant City Manager Cheryl Patton stated that on Monday, October 11, 2004, from 3-7 pm at the Convention Center/Civic Center she invited all interested people to attend an Open House to find out about the draft proposed new zoning and land development code. The plan had been prepared by Vierbicher Associates Inc., a consultant who had worked with the Community and staff for the past year. The draft new codes are posted on the City's web page.

250 Megawatt coal-fired, electric generation facility meeting.

City Manager John Lawton stated that the City invited the public to attend an informational session on Tuesday, October 12, 2004, in the City Commission Chambers, from 1:30 to 4:30 pm. He stated that the session would provide community leaders with up-to-date information about the proposed 250 megawatt coal-fired, electric generation facility scheduled for construction east of Great Falls. He added that Southern Montana Electric G&T anticipated plant operations would begin in the Spring of 2009. The presenters would include: Tim Gregori, Stanley Consultants and Alstom Power.

US Department of Agriculture, Rural Utilities Service meeting.

Mr. Lawton also stated that on Wednesday, October 13, 2004, from 3 to 7 pm the US Department of Agriculture, Rural Utilities Service in conjunction with Southern Montana Electric Cooperative, Inc., would be holding a public scoping meeting in the Civic Center Convention Center in order to prepare an Environmental Impact Statement on the project.

Economic Development.

Mr. Lawton handed out a memo to the City Commissioners regarding a proposed policy on the City's involvement in economic development. He stated that the proposed policy on the subject formalizes what the Commission had been doing all along. He emphasized the policy requires new long-term jobs and that the City's incentives must be a part of a formal development agreement that the company commits to a minimum number of jobs at defined pay scales.
 

CITY COMMISSION

Methamphetamine Awareness meetings.
25.

Mayor Gray announced the upcoming meetings for the Methamphetamine Awareness. Monday, October 11, 2004 from 7-9 pm in the Civic Center, Missouri Room and October 14, 2004 from 5:15 - 6:15 pm at the Holiday Inn.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of October 5, 2004, adjourned at 7:56 p.m.


Mayor Randy Gray

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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