JOURNAL OF COMMISSION PROCEEDINGS
November 16, 2004

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:02 PM

PLEDGE OF ALLEGIANCE:

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

PUBLIC HEARINGS

Resolution 9438, annexing Lincoln Heights Addition, B28 and 29, and B 1 and 2, South 26 Street Addition including T20N, R4E, Sec18. Adopted.

Ordinance 2888, to establish City zoning upon Lincoln Heights, B 28 and 29, and portion of South 26 Street Addition. Adopted.

Resolution 9439, to vacate a segment of Lincoln Heights Addition, B 28 and 29, B 1 and 2 South 26 Street Addition, and T20N, R4E, Sec 18. Adopted.

Resolution 9432, for conditional use to permit construction of a parking lot on a portion of the North Half of Lincoln Heights. Adopted.

1.
RESOLUTION 9438, ANNEXING LINCOLN HEIGHTS ADDITION, BLOCK 28 AND 29, AND BLOCK 1 AND 2, SOUTH 26 STREET ADDITION, INCLUDING T20N, R4E, SEC18.
2.
ORDINANCE 2888, TO ESTABLISH CITY ZONING UPON LINCOLN HEIGHTS, BLOCK 28 AND 29, AND PORTION OF SOUTH 26 STREET ADDITION.
3.
RESOLUTION 9439, TO VACATE A SEGMENT OF LINCOLN HEIGHTS ADDITION, BLOCK 28 AND 29, BLOCK 1 AND 2 SOUTH 26 STREET ADDITION, AND T20N, R4E, SEC18.
4.
RESOLUTION 9432, FOR CONDITIONAL USE TO PERMIT CONSTRUCTION OF A PARKING LOT ON A PORTION OF THE NORTH HALF OF LINCOLN HEIGHTS.

Planning Director Ben Rangel reported that Resolution 9438 annexes the unincorporated area between 25th and 26th Streets South and 13th and 15th Avenues South together with segments of 13th Avenue South and 25th Street South. The applicant, Benefis Healthcare, intends to construct a parking lot to occupy a majority of the site. The accompanying agreement contains terms and conditions associated with annexation of subject property.

Ordinance 2888 assigns a zoning classification of "C" Residence Use, "C" Area District, with a conditional use to allow a parking lot upon annexation of that unincorporated area between 25th and 26th Streets South and 13th and 15th Avenues South.

Resolution 9439 vacates a segment of 14th Alley South at 26th Street South and all of 14th Avenue South and 15th Alley South between 25th and 26th Streets South.

Resolution 9432 grants a conditional use permit to allow construction of a parking lot on a portion of the north half of Block 28, Lincoln Heights Addition, located along the south side of 13th Avenue South between 25th and 26th Streets.

The Planning Board conducted a public hearing on September 14, 2004. At the conclusion of the hearing, the Planning Board passed a motion covering numerous actions including recommending City and County Commission approval of the Amended Plat and accompanying Findings of Fact and that the City Commission annex the unincorporated portion subject to the following conditions: the applicant pay all applicable fees, preparation of a certificate of title, and correction of any errors.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9438, Ordinance 2888, Resolution 9439, and Resolution 9432. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9438 and approve the Amended Plat of Blocks 28 and 29, Lincoln Heights Addition, and Blocks 1 and 2 of the South 26th Street Addition and including therein Parcel Mark No. 18A, Section 18, Township 20 North, Range 4 East, Cascade County, Montana, and the accompanying Findings of Fact and Annexation Agreement.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Ordinance 2888.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9439.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9432.

Motion carried 5-0.
 

Resolution 9434, Cost Recovery, Boston and Great Falls Addition, B15, L1. Adopted.
5.
RESOLUTION 9434, COST RECOVERY, BOSTON AND GREAT FALLS ADDITION, BLOCK 15, LOT 1.

Community Development Director Mike Rattray reported that the owner of property at Lot 1, Block 15, Boston and Great Falls Addition, was issued a "Notice of Hearing" to appear before the City Commission, at 7:00 p.m., November 16, 2004. The hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing the structure at 3500 5th Avenue North. The owner of the property was given sixty days from March 23, 2004, to obtain either a repair or razing permit. Neither a permit nor an appeal was filed for during the allotted time set by the 2003 International Residential Building Code or the 2003 International Property Maintenance Code.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9434. Mayor Gray declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Resolution 9434.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9429, Relating to financing the construction of certain sanitary sewer system improvements; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. Adopted.
6.
RESOLUTION 9429, RELATING TO FINANCING THE CONSTRUCTION OF CERTAIN SANITARY SEWER SYSTEM IMPROVEMENTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.

Fiscal Services Director Coleen Balzarini stated that staff was recommending the issuance of sanitary sewer debt up to the amount of $4,590,000. Proceeds of the debt are intended to finance Phase Two of the sanitary sewer line extension to serve the Agri-Business Park in the amount of $1,400,000, a lift station, also to serve the Agri-Business Park in the amount of $740,000, and a Co-generation Project at the Wastewater Treatment Plant in the amount of $2,450,000.

Phase Two of the Agri-Park sewer line financing would allow for the extension of the sewer line under North River Road and parallel to 15th Street NE. At the top of the hill, approximately at the Electric City Speedway, the line would cross under 15th Street and continue east to the Agri-Business Park.

The Agri-Park Lift Station was designed to pump 1,500 gpm now, and with the future growth potential to pump 2,395 gpm. IMC was expected to pay a proportionate share of the initial costs of construction. Cost sharing details were still being worked through.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9429.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

7.
8.
Total Expenditures of $893,982 for the period of October 27 through November 3, 2004, to include claims over $500, in the amount of $853,272. [ Staff Report 8 ]
9.
Contracts list. [ Staff Report 9 ]
10.
Set CDBG HOME Community Issues Public Hearing for December 7, 2004. [ Staff Report 10 ]
11.
Authorized the write-off of interfund loans to the Golf Courses Fund as of July 1, 2004. [ Staff Report 11 ]
12.
Approved the application of $10,000 from unused 2004/2005 CDBG funds for the replacement of the C.M. Russell Museum Studio roof. [ Staff Report 12 ]
13.
Awarded a construction contract for the Morony Natatorium Pipe Chase Repair and Air Duct Modifications to Wadsworth Builders Company, Inc. the amount of $71,500. (OF 1393). [ Staff Report 13 ]
14.
Approved Amended Plat, Block 151, Eleventh Addition (Boland Villa) and the accompanying Findings of Fact. [ Staff Report 14 ] [*]
15.
Approved Fire District Contract with the Cascade County Commission for fiscal year 2004/05. [ Staff Report 15 ]

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

Commissioner Hinz asked if item 11 could be removed from the agenda before the motion was made until a staff report could be presented to the Commission. Mayor Gray asked if a staff report could be given at this time.

City Manager John Lawton reported that the financial analysis showed that the Golf Courses Fund would not be able to meet operating costs, pay debt service, and maintain bond coverage ratios any time in the near future with this additional internal debt. The action requested on item 11 would write off the golf courses loan. He explained that the golf courses were losing money and the deficit had to be made up somewhere. He added that it didn't make sense to continue these loans expecting the General Fund to cover the short fall.

Mr. Lawton added that the City golf course operations were experiencing many of the same declining net revenue trends as other courses throughout the nation. The City was committed to continued operation of our municipal golf courses. Mr. Lawton explained that cash transfers were approved from the General Fund in the amount of $185,000 and $120,000 in FY 2003 and FY 2004 respectively. While these transfers and the proposed forgiveness of interfund debts do not meet the bond covenant definition of revenue, they provide evidence of the City's commitment to the golf courses. Staff continues to explore long term solutions to the financial health of the municipal golf courses fund. At the time of all three of these interfund loans, it was believed that the golf courses fund was experiencing a short-term cash flow problem.

John Angry stated that he did not see why his tax money needed to go towards the Golf loan and that the money should not be taken from the General Fund. He added that he was being taxed out of his house as it was.

Mayor Randy Gray sympathized with Mr. Angry; however, he commented that the City had a responsibility to provide recreation for its citizens.

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

Motion carried 5-0.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of November 16, 2004, adjourned at 7:42 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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