JOURNAL OF COMMISSION PROCEEDINGS
May 3, 2005

Regular City Commission Meeting Mayor Pro-tempore Beecher presiding

CALL TO ORDER: 7:01 PM

PLEDGE OF ALLEGIANCE:

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

SWEARING IN:Kelly Manzer, Neighborhood Council 2
Kim Thiel, Neighborhood Council 7
PROCLAMATIONS:Days of Remembrance

PUBLIC HEARINGS

Resolution 9471, annexes Skyline Park Addition, Phase 11. Adopted.

Ordinance 2908, establishes City zoning on Skyline Park Addition, Phase 11. Adopted.

1.

A) RESOLUTION 9471, ANNEXES SKYLINE PARK ADDITION, PHASE 11.

B) ORDINANCE 2908, ESTABLISH CITY ZONING UPON SKYLINE PARK ADDITION, PHASE 11.

Planning Director Ben Rangel reported that Resolution 9471 annexes Skyline Park Addition, Phase 11, which consists of 17 single-family residential lots and segments of 2nd and 3rd Streets NE and 37th and 38th Avenues Northeast. Ordinance 2908 assigns a zoning classification of "A" Residence Use, "A" Area District, to the property. The Annexation Agreement contains terms and conditions associated with annexation.

On March 22, 2005, the Planning Board held a meeting and passed a motion recommending the governing bodies approve the final plat and that the City Commission approve the annexation of the property contained therein subject to the following conditions: sign an annexation agreement, pay all fees, any errors or omissions be corrected, and final engineering documents approved.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9471 or Ordinance 2908. Mayor Pro Tempore Beecher declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioners Rosenbaum and Jovick-Kuntz, that the City Commission adopt Resolution 9471 and approve the final plat and annexation agreement all related to Skyline Park Addition, Phase 11.

Motion carried 4-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Ordinance 2908.

Motion carried 4-0.
 

Resolution 9477, to annex Beebe Tract 35B. Adopted.

Ordinance 2907, Establish City zoning upon Beebe Tract 35B. Adopted.

2.

A) RESOLUTION 9477, ANNEX BEEBE TRACT 35B.

B) ORDINANCE 2907, ESTABLISH CITY ZONING UPON BEEBE TRACT 35B.

Planning Director Ben Rangel reported that Resolution 9477 annexes Beebe Tract 35B and an approximate 670 foot segment of 57th Street North. Ordinance 2907 assigns a zoning classification of "GC" General Commercial, "D" Area District to it.

On September 14, 2004, the Planning Board conducted a public hearing and at the conclusion of the public hearing, passed a motion recommending the City Commission assign the recommended zoning classification subject to the following conditions: pay all fees and the applicant sign an annexation agreement.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9477 or Ordinance 2907. Mayor Pro Tempore Beecher declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9477 and approve the annexation agreement for Beebe Tract 35B.

Motion carried 4-0.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2907.

Motion carried 4-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ordinance 2910, amending Title 5, Chapter 5.16.020 S.1.H, pertaining to telecommunication facilities. Adopted.
3.
ORDINANCE 2910, AMENDING TITLE 5, CHAPTER 5.16.020 S.1.H, PERTAINING TO TELECOMMUNICATIONS FACILITIES.

Community Development Director Mike Rattray reported that a recent review of OCCGF 5.16, pertaining to the standards for the development of telecommunication facilities and installation of antennas, found that some minor rewording was necessary to ensure the accurate and consistent interpretation and application of the ordinance. Adopting this code change would allow "public service use or facilities" to be considered exempt from obtaining a permit.

It was the intent of Chapter 5.16 to prevent overly restricting the development of needed telecommunications facilities and important amateur radio installations, yet encourage managed development of telecommunications infrastructure. The code was meant to simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protect the legitimate interests of Great Falls citizens. This recommended change would allow public service facilities to place receive and/or transmit telemetry station antennas without a permit when utilizing them for their own use in providing public services of the OCCGF, pertaining to the standards for the development of telecommunication facilities and installation of antennas.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Ordinance 2910.

Motion carried 4-0.
 

Ordinance 2912, rezone 10th Addition, Block 772, Lots 13 and 14. Accepted on first reading and set a public hearing for June 7, 2005.
4.
ORDINANCE 2912, REZONE 10TH ADDITION, BLOCK 772, LOTS 13 AND 14.

Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2912 would rezone Lots 13 & 14, Block 772, 10th Addition from "LB" Local Business Use, to "GC" General Commercial Use. The purpose of the rezoning was to allow the petitioner to obtain a State cabaret license to sell beer and wine to customers at the La Pastada Restaurant.

On April 12, 2005, the Planning Board conducted a public hearing and at the conclusion of the public hearing passed a motion recommending the City Commission rezone Lots 13 & 14, Block 772, 10th Addition to "GC" General Commercial Use.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2912 on first reading and set a public hearing for June 7, 2005, to consider adoption of Ordinance 2912.

Motion carried 4-0.
 

Ordinance 2913, to create a Great Falls Planning Advisory Board. Accepted on first reading and set final reading for May 17, 2005.
5.
ORDINANCE 2913, TO CREATE A GREAT FALLS PLANNING ADVISORY BOARD.

Planning Director Ben Rangel reported that Ordinance 2913 would create a Great Falls Planning Advisory Board in lieu of the Great Falls City-County Planning Board.

On February 10, 2005, the Cascade County Commission passed a resolution of intent to dissolve the Great Falls City-County Planning Board. Although the County Commission has not taken final action to do so, they have taken subsequent and related steps which make it apparent the dissolution would be eminent and effective on July 1, 2005. The Commission proposed to have its County Planning Board assume jurisdiction in the 4 ½ mile planning area around the city limits, which was currently the jurisdiction of the Great Falls City-County Planning Board.

If the City Commission adopts Ordinance 2913, it is anticipated the Commission would be requested to make appointments to the newly created board on June 21, 2005, with membership becoming effective July, 2005.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2913 on first reading and set final reading for May 17, 2005, to consider adoption of Ordinance 2913.

Commissioner Rosenbaum confirmed that City-County Planning would be working together until July 1, 2005. Planning Director Ben Rangel stated that was correct. Commissioner Hinz asked how many members would be involved with the Great Falls Advisory Board. Mr. Rangel stated it would be a nine member commission.

Motion carried 4-0.
 

Ordinance 2914, to designate a City Zoning Commission. Accepted on first reading and set final reading for May 17, 2005.
6.
ORDINANCE 2914, TO DESIGNATE A CITY ZONING COMMISSION.

Planning Director Ben Rangel reported that Ordinance 2914 would designate the Great Falls Planning Advisory Board as the City Zoning Commission.

On February 10, 2005, the Cascade County Commission passed a resolution of intent to dissolve the Great Falls City-County Planning Board. Although the County Commission has not taken final action to do so, they have taken subsequent and related steps which make it apparent the dissolution will be eminent and effective on July 1, 2005. The Commission proposes to have its County Planning Board assume jurisdiction in the 4 ½ mile planning area around the city limits, which is currently the jurisdiction of the Great Falls City-County Planning Board.

As such, it is deemed appropriate and consistent that in lieu of the Great Falls City-County Planning Board, the Great Falls Planning Advisory Board would serve as the City Zoning Commission.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2914 on first reading and set final reading for May 17, 2005, to consider adoption of Ordinance 2914.

Motion carried 4-0.
 

Resolution 9479, Relating to $630,000 Special Improvement District 1301 Bonds; awarding the sale thereof and approving the official statement relating thereto. Adopted.
7.
RESOLUTION 9479, RELATING TO $630,000 SPECIAL IMPROVEMENT DISTRICT 1301 BONDS; AWARDING THE SALE THEREOF AND APPROVING THE OFFICIAL STATEMENT RELATING THERETO.

Fiscal Services Director Coleen Balzarini reported that adoption of Resolution 9479 awards the sale of Special Improvement bonds in the amount of $630,000. Bids were accepted through 11:00 AM (MST) on May 3, 2005. Resolution 9479 would award the sale to the winning bidder and approve the official statement (in essentially final form). All information was available on the City's web site at www.ci.great-falls.mt.us or in the City Clerk's office.

Distribution of final Preliminary Official Statement and bidding material took place on April 20, 2005, with the bid opening on May 3, 2005. The final Bond Resolution would be presented to the City Commission on May 17, 2005, with the closing of the bonds on May 24, 2005.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9479.

Motion carried 4-0.
 

Consent Agenda.
Approved as printed.

CONSENT AGENDA

8.
9.
Total Expenditures of $626,462 for the period of April 13-20, 2005, to include claims over $5,000 in the amount of $467,172. [ 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.
Postponed bid award for one new Rubber Tire Roller. [ Staff Report 13 ]
14.
Awarded bid to Williamson Fencing in the amount of $19,450 for the Gore Hill Pump Station Fences and to NorthWestern Fencing in the amount of $38,492 for the Ella Tank Fence. (OF 1386.1). [ Staff Report 14 ]
15.
Awarded bid to United Materials of Great Falls, Inc., in the amount of $482,320, for the 3rd, 4th, and 5th Avenues South Water Main Replacement (OF 1433.) [ Staff Report 15 ]
16.
Approved final payment to Lapke Construction and the State Miscellaneous Tax Division, in the amount of $1,570, for 2003 CDBG Sidewalk Replacement, Phase 2 (OF 1378.2.) [ Staff Report 16 ]
17.
Approved Final Payment to United Materials and the State Miscellaneous Tax Division, in the amount of $45,293.02 for 2003 Miscellaneous Street Repairs (OF 1380.) [ Staff Report 17 ]

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

Motion carried 4-0.
 

BOARDS AND COMMISSION

Appointments, Historic Preservation Advisory Commission. Appointed Kiser and reappointed Robison.
18.
APPOINTMENTS, HISTORIC PRESERVATION ADVISORY COMMISSION.

Robert E. Harris was appointed April 6, 1999, for a three-year term and was reappointed on May 7, 2002, for a three-year term through April 30, 2005. Mr. Harris was not eligible for reappointment. Kenneth Robison was appointed to the Historic Preservation Advisory Commission to fill the remainder of a three-year term on May 15, 2001, and was reappointed on May 7, 2002, for a three-year term through April 30, 2005. Mr. Robison was eligible for and interested in reappointment.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Jason Kiser and reappoint Kenneth Robinson for three-year terms, expiring April 30, 2008.

Motion carried 4-0.
 

Reappointment, GF Housing Authority Board. Reappointed McKenney.
19.
REAPPOINTMENT, GREAT FALLS HOUSING AUTHORITY BOARD.

The term of Dawn Bentley McKenney expires on May 31, 2005. Ms. McKenney was appointed to the Board on January 6, 2004, to fill the remainder of a five-year term. She is interested in and eligible for reappointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Dawn Bentley McKenney to the Great Falls Housing Authority for a five-year term through May 31, 2010.

Motion carried 4-0.
 

CITY MANAGER

Street Lighting.
20.
RFP REPORT, PRELIMINARY STREET LIGHTING RATE STUDY, STREET LIGHT SYSTEM ALTERNATIVES, AND DEFAULT SUPPLY IMPACT ANALYSIS.

City Manager John Lawton provided a brief update on the Street Lighting Study to the Commission. He stated that the City had 18 Districts that included 9,000 plus lights. The installation, maintenance and electricity were paid by special assessments. He added that the maintenance between the City and NorthWestern Energy was an automatic renewal every three years. Two-thirds of the contracts had been cancelled and the remainder would be cancelled as they expired and the City would possibly be taking over the operation of the system.

Mr. Lawton stated the approximate street lighting cost was $1.1 million annually and that over half of the amount was for ownership charges and the other half was for energy and other charges. He added that the system was paid for over and over indefinitely. The City asked what happens to the money that has been paid. The City was not able to receive a satisfactory answer from NorthWestern Energy. He also stated that the money that was paid to NorthWestern Energy leaves the community, which is little or no benefit to Great Falls. He added that the money could be better spent here in the City than shipped out of the area.

Mr. Lawton stated that the City was requesting a proposal for a feasibility study asking for three main things. First, the feasibility and cost of rate filing with Public Service Commission (PSC) challenging rate structure. The City has a three year contract with NorthWestern Energy to serve each of its lighting districts. These contracts do not have to be renewed. Therefore the City could consider alternatives. Second, to determine the value of lighting system for possible purchase. This would make sense for the City to measure the effectiveness of the present system to consider what kind of alternative system or improved system it could have if it spent the same or a lesser amount of money than it spends on the existing system. If the City could have a modern, efficient, aesthetically pleasing system for the same or less money, then it would make sense to improve the existing system and/or rebuild major portions of it. Third, the feasibility of over-building the lighting system. He added that another aspect of the study would be an analysis of the impact on default supply of removing 20 megawatts per year from the default supply system. Another aspect was the WiFi feasibility. Mr. Lawton stated that there has been an increased interest throughout various communities to provide wireless access to the internet using a WiFi concept. He added that the proposals were due May 11, 2005, and anticipates award action on May 17, 2005. Mr. Lawton stated that the City needed to seriously look into the energy costs, maintenance and half ownership charges that have been collected by NorthWestern Energy.
 

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of May 3, 2005, adjourned at 7:40 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.


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