JOURNAL OF COMMISSION PROCEEDINGS
March 15, 2005

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. City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Planning, Public Works, Library, Acting Director of Park and Recreation, Police Chief, Fire Chief, and the Deputy City Clerk.

PUBLIC HEARINGS

Resolution 9456, Annex First Addition to Great Falls Clinic Addition. Adopted and approved Annexation Agreement.

Ordinance 2901, Establish City zoning upon First Addition to Great Falls Clinic Addition. Adopted.

1.

A) RESOLUTION 9456, ANNEX FIRST ADDITION TO GREAT FALLS CLINIC ADDITION.

B) ORDINANCE 2901, ESTABLISH CITY ZONING UPON FIRST ADDITION TO GREAT FALLS CLINIC ADDITION.

Planning Director Ben Rangel reported that Resolution 9456 annexes Lot 1, Block 2, First Addition to Great Falls Clinic Addition, located east of 29th Street South along the north side of the easterly projection of 15th Avenue South. Ordinance 2901 assigns a zoning classification of "C" Residence Use, "B" Area District upon annexation to City.

On October 26, 2004, the Planning Board held a public hearing and at its conclusion passed a motion recommending the City Commission annex the property subject to the applicant fulfilling the following conditions: pay all fees; enter into an annexation agreement; and provide an easement to accommodate an extension of the water main from Aspen Village to 29th Street South.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9456 or Ordinance 2901. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9456 and approve the Annexation Agreement all related to Lot 1, Block 2, First Addition to Great Falls Clinic Addition.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2901.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9460, Annex Medical Tech Park Subdivision. Adopted and approved Annexation Agreement.

Ordinance 2902, Establish City zoning upon Medical Tech Park Subdivision. Adopted.

2.

A) RESOLUTION 9460, ANNEX MEDICAL TECH PARK SUBDIVISION.

B) ORDINANCE 2902, ESTABLISH CITY ZONING UPON MEDICAL TECH PARK SUBDIVISION.

Planning Director Ben Rangel reported that Resolution 9460 annexes Lots 1 and 5, Block 1, Medical Tech Park Subdivision, located between 26th Street South and the MSU College of Technology. Ordinance 2902 assigns a zoning classification of "C" Residence Use, "B" Area District, to it.

On October 26, 2004, the Planning Board held a public hearing and at its conclusion recommended the City Commission annex the property subject to obtaining a conditional use for an office complex; paying all fees; and entering into an annexation agreement.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9460 and approve the Annexation Agreement all related to Lots 1 and 5, Block 1, Medical Tech Park Subdivision.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2902.

Motion carried 5-0.
 

Resolution 9463 9464, Swim Pool Fees. Adopted.
3.
RESOLUTION 9463 9464, SWIM POOL FEES.

Acting Park and Recreation Director Patty Gumenberg reported that Resolution 9463 establishes the following swim pool fees:

Mitchell Pool Access
  Adult $3
  Youth $2
  Children 2 and under Free
  (1 child per paying adult, $1 each additional child)
Mitchell Pool Access with Water Slide
  Adult $5
  Youth 3-17 $4
Mitchell Pool Access with Water Slide with Electric City Wave
  Adult $9
  Youth 3-17 $8
Mitchell Pool Access with Water Slide with Electric City Wave
  Twilight Swim (M-F 6-8 p.m.) $2 discount
Mitchell Pool Electric City Wave Tube & Board Rental
  Tube - single $1
  Tube - double $2
  Board $2
Water Tower/Jaycee/Natatorium Access
 Adult$2.50
 Youth 6-17$1.50
 Children 5 & under Free
 (1 child per paying adult, $1 each additional child)
Water Exercise
 Daily$3
 Monthly Pass$30
Punch Card (10 times)$30
Adult Lap Swim
 Daily$2.50
 Monthly Pass$25
 With Water Exercise Program$35
Mitchell Pool Access/Water Slide/Electric City Wave Private Rental
 Two Hours$500
 Additional Hours$200
Jaycee/Water Tower/Natatorium Private Rental
 Two Hours 50 people & under$70
 Two Hours 50 people & over$90
 Two Hours w/inflatable 50 people and under$105
 Two Hours w/inflatable 50 people and over$125

The fee increases affect lap swimming, facility rental at the Natatorium, a new punch card for water exercise and a monthly fee to participate in both lap swimming and water exercise. Fees for lap swimming were last raised in 1998; and facility rental fees were last raised prior to 2001. The Natatorium is operating at a deficit. The proposed increases will not solve that problem, but coupled with new programming and promotions, the increases would help improve the revenue.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9463 swim pool fees.

Motion carried 5-0.
 

Resolution 9457, Intent to create Special Improvement District (SID) 1301. Adopted.
4.
RESOLUTION 9457, INTENT TO CREATE SPECIAL IMPROVEMENT DISTRICT (SID) 1301.

Resolution 9457 would initiate the creation of SID 1301 for roadway, storm drainage, sewer, and water utility improvements in portions of 26th Street South and 23rd Street South. Two (2) property owners were involved with this SID.

On January 14, 2005, staff received a request from Centene Corporation, the first tenant of the Medical Technology Park, to begin processing a special improvement district. This financing would improve offsite infrastructure including roadways and utilities in the area. The total cost of the improvements was $1,100,000. Centene and the Great Falls Port Authority, the benefiting property owners, are financially responsible for these improvements. The construction contract is tentatively set to be awarded on April 5, 2005, with construction set to begin May 1, 2005. The Centene building is scheduled to be occupied August 1, 2005.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9457, and set a public hearing for 7:00 P.M., April 5, 2005.

Motion carried 5-0.
 

Resolution 9465, Great Falls Rescue Service fee increases. Adopted.
5.
RESOLUTION 9465, GREAT FALLS RESCUE SERVICE FEE INCREASES.

Fire Chief Randy McCamley reported that it had been two years since the service fees were revised for Great Falls Fire Rescue. The cost of equipment and apparatus maintenance had steadily increased while the fire service fees had not commensurately increased. This action would bring these service fees more in line with the associated costs to run them.

The revisions to the fee schedule would increase general fund revenue approximately $6,400. This figure was based on FY 2003/04 fire service revenues and the commensurate fee increases.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9465, the revised Great Falls Fire Rescue Fee Schedule.

Motion carried 5-0.
 

Resolution 9466, Vacate 23rd Street South in Medical Tech Park Subdivision. Adopted.
6.
RESOLUTION 9466, VACATE 23rd STREET SOUTH IN MEDICAL TECH PARK SUBDIVISION.

Planning Director Ben Rangel reported that Resolution 9466 would set a public hearing for April 5, 2005, to consider vacation of 23rd Street South, as dedicated on the original plat of Medical Tech Park Subdivision.

On January 11, 2005, the Planning Board held a meeting and passed a motion recommending the City Commission approve the vacation of the portion of 23rd Street South, as provided on the original plat of Medical Tech Park Subdivision; approve the Amended Plat and the Findings of Fact, subject to any errors or omissions on the amended plat being corrected.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Beecher, that the City Commission adopt Resolution 9466.

Motion carried 5-0.
 

Ordinance 2906, Establish City zoning upon Whispering Ridge Addition, Phase 4. Accepted on first reading and set public hearing for April 5, 2005.
7.
ORDINANCE 2906, ESTABLISH CITY ZONING UPON WHISPERING RIDGE ADDITION, PHASE 4.

Planning Director Ben Rangel reported that Ordinance 2906 assigns a zoning classification of "A" Residence Use, "B" Area District, to Whispering Ridge Addition, Phase 4, and "A" Residence Use, "A" Area District, to three unplatted parcels comprising the westerly 50 feet of a power easement in the SE1/4, Section 17, Township 20 North, Range 4 East, P.M.M., upon annexation to the City. Whispering Ridge Addition, Phase 4, consists of 11 single family residential lots located on the upper portions of the coulee immediately east of Mountain View Terrace Addition. The power easement, to be simultaneously annexed to the City, is located between Mountain View Terrace, Sections 1 and 2, and the area being subdivided and platted as Whispering Ridge Addition, Phases 4-6.

On November 25, 2003, the Planning Board held a public hearing and at its conclusion recommended the City Commission assign the recommended zoning classification.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2906 on first reading and set a public hearing for April 5, 2005, to consider adoption of Ordinance 2906.

Motion carried 5-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

8.
9.
Total Expenditures of $619,224 for the period of February 23 through March 2, 2005, to include claims over $5,000 in the amount of $503,861. [ Staff Report 9 ]
10.
Contracts list. [ Staff Report 10 ]
11.
Lien Release list [ Staff Report 11 ]
12.
Explore! The Big Sky Contracts list. [ Staff Report 12 ]
13.
Accepted recommendations for 2005/2006 CDBG & HOME programs, and set public hearing for April 5, 2005, on the proposed annual consolidated plan. [ Staff Report 13 ] [ Proposed Uses CDBG & HOME grants ]
14.
Set public hearing for April 19, 2005, for Resolution 9462, water, sewer, and storm drain rate and fee changes. [ Staff Report 14 ] [ Res. 9462 ]
15.
Set public hearing for April 5, 2005, for Resolution 9468, cost recovery for condemned property located at 602 7th Street North. [ Staff Report 15 ] [ Res. 9468 ]
16.
Awarded construction contract to Lapke Construction in the amount of $24,500 for the 2003 CDBG Sidewalk Replacement Phase 2. (OF 1378.2). [ Staff Report 16 ]
17.
Approved Water Service Agreement with Southern Montana Electric Generation and Transmission Cooperative. [ Staff Report 17 ]
18.
Approved SID 1301 Assessment Security Agreement with Centene Corporation Undeveloped Property within the Medical Technology Park. [ Staff Report 18 ]
19.
Approved final payment in the amount of $709.32 to Zaco Inc., and the State Miscellaneous Tax Division for the Northeast Regional Retention Pond Irrigation Pump Station. (OF 1058.1). [ Staff Report 19 ]

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

Herb Sobezcek, 121 11th Street Northeast, asked if information pertaining to the water, sewer, and storm drain rate increase would be available to the public before the public hearing. Public Works Director Jim Rearden stated that it would be available. He added that the water rate would increase two percent, sewer-one percent and storm drain-one percent, resulting in an average increase of sixty-three cents per month.

Motion carried 5-0.
 

BOARDS & COMMISSIONS.

Minor Plat, Martin Addition. Approved.
20.
MINOR PLAT OF THE MARTIN ADDITION.

Planning Director Ben Rangel reported that the Minor Plat subdivided the property located at the northwest corner of the intersection of 31st Street North and 9th Avenue North into two single-family residential lots.

On February 22, 2005, the City-County Planning Board held a meeting and passed a motion recommending approval of the Minor Plat and accompanying Findings of Fact subject to the applicant fulfilling the following conditions: any errors or omissions be corrected and preparation of a certificate of title by a title company to be filed with the Minor Plat.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the Minor Plat of the Martin Addition, and the accompanying Findings of Fact, subject to conditions specified by the City-County Planning Board.

Motion carried 5-0.
 

Appointments, Blue Ribbon Committee for Community Animal Control Issues. Appointed Callison, Viccione, Jones, Thompson, Tourtillott, Delperdang, Newman and Stebbins.
21.
APPOINTMENTS, BLUE RIBBON COMMITTEE FOR COMMUNITY ANIMAL CONTROL ISSUES.

On February 15, 2005, the City Commission adopted Resolution 9461, Creation of a Blue Ribbon Committee for Community Animal Control Issues. This committee would review existing animal control ordinances for appropriateness, utility, function, effect on animal welfare, and other criteria deemed appropriate by the committee. It would also include the current licensing, fee and fine schedule with respect to funding of local animal control and welfare efforts. The Committee is required to report its progress to the City Commission by April 15, 2005.

The Committee consists of seven members appointed by the City Commission to include one member from: the Police Department, Park and Recreation Department, Humane Society of Cascade County, Cascade County Sheriff's Office, at-large community member, a veterinarian, and a member from a Neighborhood Council. Commissioner Hinz stated that the Commission agreed to appoint two members at-large.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint as at-large members Pete Callison and Phyllis (Phyl) A. Viccione; and the following individuals: Police Chief Robert Jones, Park and Recreation Department Jon Thompson, Humane Society of Cascade County Chuck Tourtillott, Cascade County Sheriff's Office Amanda Delperdang, Doctor of Veterinary Medicine Jack Newman, and Neighborhood Council Member Dona Stebbins to serve on the Blue Ribbon Committee for Community Animal Control Issues.

Motion carried 5-0.
 

Golf Advisory Board. Reappointed Fitterer as Men's representative, Babinecz as Malmstrom representative and appointed Hall as the At-Large representative.
22.
APPOINTMENTS, GOLF ADVISORY BOARD

The terms of Fidelis "Fid" Fitterer (Men's representative) and Thom Babinecz (Malmstrom representative) expire on March 31, 2005. Both Mr. Fitterer and Mr. Babinecz were eligible for and interested in reappointment. The term of O.P. Morrow (At-Large representative) expires March 31, 2005. Mr. Morrow was not eligible for reappointment. It was necessary to appoint one new member as the At-Large representative.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission reappoint Fidelis "Fid" Fitterer as the Men's representative and reappoint Thom Babinecz as the Malmstrom representative for three-year terms expiring March 31, 2008; and appoint Tom Hall as the At-Large representative to the Golf Advisory Board for a three-year term expiring March 31, 2008.

Motion carried 5-0.
 

NEIGHBORHOOD COUNCILS.

Bloomingdale Park.
23.

Phyllis Hemstad, 106 6th Street Northwest, Neighborhood Council 2, stated that she was concerned with Bloomingdale Park. She added she petitioned the Commission to get things moving along with the Park so that it would be presentable for the Lewis and Clark event that was coming up. She also added that this issue was brought before the Commission seven years ago and the Neighborhood Council was promised that the park would be taken care of before the event.

Acting Park and Recreation Director Patty Gumenberg stated that she was not aware of what was going on with the Bloomingdale Park project and would check on it and report back to the Commission.
 

PETITIONS AND COMMUNICATION.

Boulevard District.
24.

Herb Sobezcek, 121 11th Street Northeast, stated that he was concerned with the Boulevard District and the use of the equipment that they were charged with the upkeep of the boulevard. He added that the same equipment was being used for other areas throughout the City and that the boulevard district should be reimbursed for the equipment. He also added that the boulevard district was not being taken care of like it should be.

Acting Park and Recreation Director Patty Gumenberg stated that it was true that the equipment was being used in the golf courses and parks. She added that the areas both pay funds for services.
 

Northeast Sewer Line.

Mr. Sobezcek added he was concerned about the Northeast sewer line that runs from Smelter Avenue through 11th Street Northeast. He said he was disappointed with the work that was done and that the man holes were caving in.

City Engineer Dave Dobbs stated that the work had been done in January and that temporary gravel was put in. He added that the project would be completed when the weather conditions improved.
 

Base Boogie Booster event.
25.

John Hayes, 619 Carol Drive, representing the Cascade County Tavern Association thanked the City for their support of the Base Boogie Booster event. He added that it was a great turnout and that they raised approximately thirty thousand dollars.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of March 15, 2005, adjourned into closed session at 7:52 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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