| 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. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Planning, Public Works, Fire Chief, Acting Directors of Fiscal Services, Library, and Park and Recreation, Acting Chief of Police and the Deputy City Clerk.
| SWEARING IN: | Matthew Ott, Neighborhood Council 6 |
| PROCLAMATION: | Seat Belt/Safe Kids |
PUBLIC HEARINGS |
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Resolution 9483, annexes International Malting Company, LLC Addition, B1, L2 and 4. Adopted. Ordinance 2909, establishes City zoning upon International Malting Company, LLC Addition, B1, L2 and 4. Adopted. |
1.
A) RESOLUTION 9483, ANNEXES INTERNATIONAL MALTING COMPANY, LLC ADDITION, BLOCK 1, LOTS 2 AND 4. B) ORDINANCE 2909, ESTABLISH CITY ZONING UPON INTERNATIONAL MALTING COMPANY, LLC ADDITION, BLOCK 1, LOTS 2 AND 4. Planning Director Ben Rangel reported that Resolution 9483 annexes Lots 2 and 4, Block 1, International Malting Company, LLC Addition and segments of U.S. Highway 87 and the Bootlegger Trail. Ordinance 2909 assigns a zoning classification of "2nd" Industrial, "D" Area District to subject Lots 2 and 4 upon annexation to the City. The Annexation Agreement contains terms and conditions associated with annexation of subject Lots 2 and 4. On November 12, 2003, the Planning Board conducted a public hearing and at the conclusion they passed a motion recommending approval of the Minor Plat of International Malting Company, LLC, Addition and the accompanying Findings of Fact with recommendation that the City Commission annex Lots 2 and 4 of said Addition and the involved segments of U. S. Highway 87 and the Bootlegger Trail subject to the following conditions: pay all fees, any errors or omissions be corrected, preparation of a certificate of title by a title company to be filed with the minor plat and enter into an annexation agreement. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to either Resolution 9483 or Ordinance 2909. Mayor Gray declared the public hearing closed. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9483 and approve the Minor Plat of International Malting Company, LLC Addition, the accompanying Findings of Fact, and the annexation agreement pertaining to Lots 2 and 4 of said Addition, subject to the International Malting Company executing the annexation agreement. Motion carried 5-0. Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Ordinance 2909.
Motion carried 5-0.
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| Ordinance 2911, Creation of tax increment Industrial/ Agricultural District. Adopted. | 2.
ORDINANCE 2911, CREATION OF TAX INCREMENT INDUSTRIAL/AGRICULTURAL DISTRICT.
[ Staff Report 2 ] [ Ordinance 2911 ]
City Manager John Lawton reported that Ordinance 2911 established a Tax Increment Industrial/Agricultural District for the initial purpose of acquiring a rail spur by the City from International Malting Company, with reimbursement from future tax increments. It also provides that the proposed district can be expanded to accommodate future users and construction of future public infrastructure needs. International Malting Company (IMC) is completing construction of a barley malting facility expected to become operational in June of 2005. IMC is constructing a rail spur to service the facility. The IMC facility is located in an industrially zoned area with potential for future growth, and other industries that may locate in the area may require use of the rail spur. For these reasons, an ownership interest in the rail spur is considered necessary to current and future economic development potential in the area. 7-15-4288 (4), MCA provides that the cost of acquiring a rail spur may be paid by tax increment financing. The City will issue Tax Increment Bonds for purchase of the rail spur, and bonds will be repaid with increments collected. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2911. Mayor Gray declared the public hearing closed. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2911 on final reading.
Motion carried 5-0.
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NEW BUSINESS |
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| Professional services contract award to analyze the street lighting system, WiFi potential, and default supply. Authorized. | 3.
PROFESSIONAL SERVICES CONTRACT AWARD TO ANALYZE THE STREET LIGHTING SYSTEM, WIFI POTENTIAL, AND DEFAULT SUPPLY.
[ Staff Report 3 ]
City Manager John Lawton reported that staff issued an RFP on April 18, 2005, to three qualified engineering firms requesting proposals from each by May 11, 2005. The City received proposals from RW Beck and EES Consulting. The proposals were reviewed by a committee consisting of the City Manager, Public Works Director, Fiscal Services Director, and Administrative Officer. The Committee found the proposal submitted by RW Beck to be the most responsive to the items included in the proposal.
Streetlighting
WiFi Potential Within the City of Great Falls
Electricity Supplier Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission authorize City Manager to enter into contract discussions with RW Beck to perform preliminary streetlighting rate study, evaluate streetlighting system alternatives and default supply impact analysis.
Motion carried 5-0.
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ORDINANCES/RESOLUTIONS |
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| Ordinance 2913, to create a Great Falls Planning Advisory Board. Adopted. | 4.
ORDINANCE 2913, TO CREATE A GREAT FALLS PLANNING ADVISORY BOARD.
[ Staff Report 4 ] [ Ordinance 2913 ]
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 is currently the jurisdiction of the Great Falls City-County Planning Board. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2913.
Motion carried 5-0.
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| Ordinance 2914, to designate a City Zoning Commission. Adopted. | 5.
ORDINANCE 2914, TO DESIGNATE A CITY ZONING COMMISSION.
[ Staff Report 5 ] [ Ordinance 2914 ]
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 proposed 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 Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Ordinance 2914.
Motion carried 5-0.
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| Ordinance 2918, to establish a Planning Department. Accepted on first reading and set final reading for June 7, 2005. | 6.
ORDINANCE 2918, TO ESTABLISH A PLANNING DEPARTMENT.
[ Staff Report 6 ] [ Ordinance 2918 ]
Planning Director Ben Rangel reported that Ordinance 2918 would amend Title 2, Section 16 of the Official Code of the City of Great Falls to establish a Planning Department. The Cascade County Commission passed a resolution to dissolve the Great Falls City-County Planning Board, effective July 1, 2005. In order to assure the continued and uninterrupted provision of planning services within the Great Falls incorporated city limits, the City Commission has taken steps to create the Great Falls Planning Advisory Board to advise the City Commission on land development and related planning activities. The newly created Board will be in need of professional staff resources and assistance to perform and provide its duties, services and functions. As such, it was deemed appropriate that a Planning Department be established to provide the referenced staff resources and assistance to the Board. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2918 on first reading and set final reading for June 7, 2005, to consider adoption of Ordinance 2918.
Motion carried 5-0.
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| Ordinance 2915, to establish City zoning upon Forest Glen South, B1, L1 and 2. Accepted on first reading and set public hearing for June 7, 2005. | 7.
ORDINANCE 2915, TO ESTABLISH CITY ZONING UPON FOREST GLEN SOUTH, BLOCK 1, LOTS 1 AND 2.
Planning Director Ben Rangel reported that Ordinance 2915 assigns a zoning classification of "C" Residence Use, "B" Area District, to Lot 1, Block 1, Forest Glen South Minor Subdivision, with a conditional use allowing multiple office buildings and "C" Residence Use, "B" Area District to Lot 2, Block 1, Forest Glen South Minor Subdivision, upon annexation of same to City. Subject property is located west of 26th Street South and immediately south of the Cascade County Youth Detention Facility and Sand Hills Park. On June 22, 2004, the City-County Planning Board conducted a public hearing and at the conclusion the Planning Board passed a motion recommending: approval of minor plat of Forest Glen South Subdivision and the accompanying Findings of Fact, approval of annexation of the area within Forest Glen South Subdivision and assign zoning classification subject to the following conditions: any errors or omissions be corrected; final engineering approval by the Public Works Department; the applicant sign an annexation agreement; preparing and submitting revised drawings for the minor plat; preparing and submitting a metes and bounds description of unincorporated abutting segment of right-of-way for 26th Street South to be annexed simultaneously with Subdivision; pay all fees; a financial surety 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; obtaining approval from the Planning Department, Community Development Department, Public Works Department and City Forester of the final site and landscaping plans. It was anticipated the City Commission, following the public hearing on June 7, 2005, would consider the minor plat of Forest Glen South Subdivision together with an accompanying Findings of Fact, an annexation resolution and annexation agreement for Lots 1 & 2 contained therein, simultaneously with Ordinance 2915. Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission accept Ordinance 2915 on first reading and set a public hearing for June 7, 2005, to consider adoption of Ordinance 2915.
Motion carried 5-0.
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| Ordinance 2916, for roadway dedication. Accepted on first reading and set final reading for June 7, 2005. | 8.
ORDINANCE 2916, FOR ROADWAY DEDICATION.
[ Staff Report 8 ] [ Ordinance 2916 ]
Public Works Director Jim Rearden reported that for several years, the 60 foot strip of land located between the East boundary of 6th Street Northwest and the Southwest boundary of the Montana Expo Park "Fairgrounds" was used as public access to the "Fairgrounds" and contains numerous utility lines. Due to modifications to access to Montana Expo Park, (Fairgrounds), and the reconstruction of 6th Street Northwest, retaining said 60 foot strip of land for public access is no longer necessary and actually presents a safety hazard. Ownership of the 60 foot strip of land was unknown until recent title review determined vested interest lies with the City of Great Falls. In order for the City of Great Falls to dispose of and abandon the 60 foot strip of land formerly used as public access, it is necessary to first dedicate said 60 foot strip of land as public right-of-way. Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission accept Ordinance 2916 on first reading and set a final reading for June 7, 2005, to consider adoption of Ordinance 2916.
Motion carried 5-0.
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| Ordinance 2917, to rezone GF 11th Addition, B151, L2A. Accepted on first reading and set public hearing for June 7, 2005. | 9.
ORDINANCE 2917, TO REZONE GREAT FALLS 11TH ADDITION, BLOCK 151, LOT 2A.
Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2917 would rezone Lot 2A, Block 151, 11th Addition to Great Falls from "B" Residence Use, "B" Area District, to "C" Residence Use, "C" Area District. The petitioners requested the rezoning to establish similar and consistent zoning for all of Block 151 in order to construct 28 detached single-family condominium units. On April 26, 2005, the City-County Planning Board conducted a public hearing and at the conclusion they unanimously passed a motion recommending the City Commission rezone Lot 2A, Block 151, 11th Addition to Great Falls to "C" Residence Use, "C" Area District. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2917 on first reading and set public hearing for June 7, 2005.
Motion carried 5-0.
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| Ordinance 2919, to establish City zoning upon East Ridge Addition, Phase 3. Accepted on first reading and set public hearing for June 7, 2005. | 10.
ORDINANCE 2919, TO ESTABLISH CITY ZONING UPON EAST RIDGE ADDITION, PHASE 3.
Planning Director Ben Rangel reported that Ordinance 2919 assigns a zoning classification of "PUD" Planned Unit Development District, to East Ridge Addition, Phase 3, upon annexation to the City. Subject development consists of an 8 lot single-family residential subdivision along segments of 12th Avenue South and 45th Street South. On April 13, 2004, the Planning Board held a public hearing and at the conclusion recommended the City Commission assign a zoning classification of "PUD" Planned Unit Development District, to East Ridge Addition, Phase 3, upon annexation to the City. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission accept Ordinance 2919 on first reading and set public hearing for June 7, 2005, to consider adoption of Ordinance 2919.
Motion carried 5-0.
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| Resolution 9481, Relating to $630,000 Special Improvement District No. 1301 Bonds. Adopted. | 11.
RESOLUTION 9481, RELATING TO $630,000 SPECIAL IMPROVEMENT DISTRICT NO. 1301 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR.
[ Staff Report 11 ] [ Resolution 9481 ]
Acting Director of Fiscal Services Martha Cappis reported that as part of the issuance process related to the proposed $630,000 Special Improvement District No. 1301 Bonds, the City was required to pass Resolution 9481 to authorize the issuance and fix the terms and conditions of the 2005 Bonds. 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 and issuance cost would be $963,116, which would be borne by Centene and the Great Falls Port Authority, the benefiting property owners. The construction contract was awarded on April 5, 2005, to Phillips Construction with construction beginning begin May 1, 2005. D.A. Davidson was the bid winner of the bonds, at an interest rate of 4.86279 percent. The Centene building was scheduled to be occupied August 1, 2005. Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9481.
Motion carried 5-0.
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| Resolution 9484, Amending Resolutions 7754, 8030 and 8534, establishing a policy concerning appointments to boards and commissions. Adopted. | 12.
RESOLUTION 9484, AMENDING RESOLUTIONS 7754, 8030 AND 8534, ESTABLISHING A POLICY CONCERNING APPOINTMENTS TO BOARDS AND COMMISSIONS.
[ Staff Report 12 ] [ Resolution 9484 ]
Assistant City Manager Cheryl Patton reported that Resolution 9484 would clarify the length of service that a citizen may serve on any of the various boards and commissions. It was previously established that the length of service would be two (2) consecutive (3) year terms, exclusive of time served on any unexpired term. However, that statement creates inconsistency in policy for boards that have four-year term appointments (i.e. Business Improvement District). Res. 9484 establishes a two-term limit, exclusive of time served on any unexpired term. Res. 9484 also establishes that terms begin on the date the appointment was made. Resolution 7754 to Establish a Policy Concerning Appointments to Boards and Commissions to address the length of time a citizen could serve was adopted by the City Commission on October 19, 1982. Since that time, Resolution 8030 and Resolution 8534 were adopted to make amendments to the original Resolution. These amendments served to clarify several items to include: the number of boards affected and the maximum length of uninterrupted service allowed. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9484.
Motion carried 5-0.
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| Consent Agenda. Approved as printed. |
CONSENT AGENDA13.
14.
Total Expenditures of $1,458,192 for the period of April 27 through May 5, 2005, to include claims over $5,000 in the amount of $1,233,399. [ Staff Report 14 ]
15.
Contracts list. [ Staff Report 15 ]
16.
Explore! The Big Sky Contracts list. [ Staff Report 16 ]
17.
Approved corrected Resolution 9416, annexing Meadowlark Addition 3. Corrects the acreage figure for Resolution 9416 which was adopted on July 20, 2004. [ Staff Report 17 ] [ corrected Resolution 9416 ]
18.
Approved corrected Resolution 9450, annexing Soccer Park, expanding the descriptions for publicly owned property annexed in conjunction with the soccer park. [ Staff Report 18 ] [ corrected Resolution 9450 ]
19.
Approved corrected Resolution 9463, annexing Beebe Tracts 11-1 and 11-2, adding reference to a certificate of survey for the description of two tracts of land recently approved for annexation at the east end of Central Avenue. [ Staff Report 19 ] [ corrected Resolution 9463 ]
20.
Awarded bid for Liquid Chlorine for Water Treatment Plant for FY 2005/06 to DPC Industries, Inc., in the amount of $540 per ton. [ Staff Report 20 ]
21.
Awarded bid for Anhydrous Ammonia for Water Treatment Plant for FY 2005/06 to DPC Industries, Inc., in the amount of $100.42 per 148-lb. cylinder. [ Staff Report 21 ]
22.
Awarded bid for Liquid Aluminum Sulfate for Water Treatment Plant for FY 2005/06 to Thatcher Company in the amount of $231 per dry ton. [ Staff Report 22 ]
23.
Awarded bid for new Rubber Tire Roller to Tractor and Equipment of Great Falls in the amount of $65,755. [ Staff Report 23 ]
24.
Approved Engineering Services Amendment #1 with Neil Consultants, Inc. to provide additional engineering design services and construction management services for the Water Treatment Plant Cathodic Protection Implementation. (OF 1199.3.) [ Staff Report 24 ]
25.
Approved Engineering Services Contract for Water Treatment Plant Sludge Basin Rehabilitation, Phase 1, with Neil Consultants, Inc. in the amount not to exceed $34,515. (OF 1332.5.) [ Staff Report 25 ]
26.
Approved final payment to COP Construction and the State Miscellaneous Tax Division for the Agri-Business Park Sewer Main Extension Phase II in the amount of $53,927.45. (OF 1348.1.) [ Staff Report 26 ]
27.
Approved final payment to Phillips Construction and the State Miscellaneous Tax Division for the Bay Leaf Sewer Service Reroute in the amount of $2,494.65. (OF 1174.9.) [ Staff Report 27 ]
Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission accept the Consent Agenda as printed.
Motion carried 5-0.
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BOARDS AND COMMISSION |
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| Amended Plat, Bel-View Palisades, various lots located in Block 18. Approved. | 28.
AMENDED PLAT, BEL-VIEW PALISADES, VARIOUS LOTS LOCATED IN BLOCK 18.
[ Staff Report 28 ]
Planning Director Ben Rangel reported that subject amended plat subdivides Lot 5A, Block 18, Bel-View Palisades, into five lots and adjusts the common boundaries of Lots 1A, 2A, 3A and 4A, Block 18, Bel-View Palisades. Block 18 is located between Fern Drive and Bel-View Park and contains 3.674 acres. On April 26, 2005, the City-County Planning Board held a meeting to consider the Amended Plat and unanimously passed a motion recommending approval of the Amended Plat and the accompanying Findings of Fact, subject to the applicant fulfilling the following conditions: any errors or omissions be corrected and a certificate of title prepared by a title company be recorded with the Amended Plat. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the amended plat of Lots 1A, 2A, 3A, 4A and 5A, Block 18, Bel-View Palisades, and the accompanying Findings of Fact.
Motion carried 5-0.
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| Appointment, Board of Adjustment/Appeals. Appointed Kunz. | 29.
APPOINTMENT, BOARD OF ADJUSTMENT/APPEALS.
[ Staff Report 29 ]
Wade D. Bitz was appointed to the Board of Adjustment/Appeals for a three-year term on July 25, 2000, and was reappointed for a three-year term on October 7, 2003. Mr. Bitz recently resigned from the Board. Therefore, it is necessary to appoint one new member to fill his position, which expires September 30, 2006. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission appoint John A. Kunz to the Board of Adjustment/Appeals to fill the remainder of a three-year term expiring September 30, 2006.
Motion carried 5-0.
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CITY COMMISSION |
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| Leadership of Great Falls. | 30.
Commissioner Beecher stated that on behalf of the Commission, he thanked the Leadership of Great Falls for their hard work that was done on the West entrance of Great Falls and commented on the fine job they had done. |
| BRAC Process. | 31.
Mayor Gray reported on his recent out-of-state travel in relation to the BRAC process as well as the BRAC list that came out May 13, 2005. The community survived the threat of Malmstrom closure, but would be facing cutbacks with the Air National Guard. He thanked the Congressional Delegation and staff for their work on the BRAC process. He was confident the community would be in a good position to move forward and explore opportunities. |
ADJOURNMENT |
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| Adjourn | There being no further business to come before the Commission, the regular meeting of May 17, 2005, adjourned at 8:01 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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