JOURNAL OF COMMISSION PROCEEDINGS
JANUARY 4, 1994


Regular City Commission Meeting Mayor Gayle Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

SWEARING IN CEREMONY: Mayor Morris and Commissioners Bennett and Deming were sworn in by District Court Judge Thomas McKittrick.

ROLL CALL: City Commissioners present: Joan Bennett, Bob Deming, Vicki Everson, John Gilbert and Gayle Morris. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Planning, Park & Recreation, Fire Chief, Police Chief, Assistant Finance Director, and the City Clerk.

PUBLIC HEARINGS

1.
ORDINANCE 2661, REZONE LOTS 1 & 1A, BLOCK 10, COMMUNITY HALL ADDITION.

Ordinance 2661 rezones Lots 1 and 1A, Block 10, Community Hall Addition from Suburban Residence Use District to "MH" Mobile Home Residence Use District. The addresses for the currently vacant lots are 1540 and 1536 Third Avenue Southwest. The purpose of the rezoning is to allow the petitioners to sell the lots to parties desirous of placing a mobile home upon each parcel.

Mayor Morris declared the public hearing open. Torian Donohoe, 1531 3rd Avenue SW, spoke in opposition to Ordinance 2661. She stated that the area is beginning to improve and if the Commission approved the rezone request the area could become an ill-planned trailer park.

Colleen Budeski, 2127 1st Avenue SW, spoke in support. She stated she is one of the petitioners and indicated that it would be in the best interest of the neighborhood to support the rezoning. She added that the idea was to place two higher quality mobile homes on each lot and landscape the yard areas. She stated that project would have a nicer appeal than a horse pasture. No one else appeared to speak in support of or in opposition to Ordinance 2661.

Ms. Donohoe asked that those people who were at the public hearing and opposed the rezoning, but did not want to speak, to stand up. There were approximately six people who stood up in the audience.

Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission postpone final action on Ordinance 2661 until January 18, 1994.

Commissioner Bennett stated that the Commission had just received additional information from area residents who opposed the rezoning request and wanted more time to analyze it. Commissioner Bennett also requested that those in attendance who opposed the rezone to send the Commission letters of opposition.

Commissioner Gilbert stated that it is difficult for the City Commission to take an issue that received no opposition when the Planning Board considered it and make a decision on it after receiving opposition statements that evening.

Commissioner Deming stated that the City has an obligation to provide spaces for mobile home development.

Mayor Morris called for the vote. Motion carried 5-0.

2.
RESOLUTION 8612 - HOME APPLICATION.

The City, on behalf of the Housing Authority, plans to submit an application for $300,000 of HOME funds to the Montana Department of Commerce. The HOME funds are made available to the State from the United States Department of Housing and Urban Development. The funds would assist to construct 8 units of affordable housing.

Prior to Mayor Morris declaring the public hearing open, Cheryl Patton, Community Development Director, provided a statement pertaining to the obligations of the City of Great Falls to conduct the public hearing on this grant application. Kevin Hager, Housing Authority, provided a description of the proposed project.

Mayor Morris declared the public hearing open. Gordon Whirry, (Housing Authority), and Toni Austad, 2216 5th Avenue SW, spoke in support of Resolution 8612. There being no one else to speak in support of or in opposition to Resolution 8612, Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8612.

Motion carried 5-0.

OLD BUSINESS

3.
RESOLUTION 8598, REMODEL TAX BENEFITS APPLICATION, BLACK EAGLE ADDITION, BLOCK 51, LOTS 1-3, 12-14.

The property owners remodeled the commercial building for retail and office space at 2601 10th Avenue South. The building permit was issued December 16, 1992, and the project was completed by August 23, 1993 at an estimated cost of $225,000. The applicants requested approval of the tax benefits and Resolution 8598 was prepared to comply with the requirement.

In the late 1980's, the City Commission established a policy that all property taxes on all property owned by the applicant must be current prior to approving a tax benefit request. Staff discovered that the property owners are delinquent in the amount of $11,838.11 and that the applicants have not received City financial assistance from other programs.

On December 21, 1993, the City Commission directed Staff to research whether or not the Commission could adopt the resolution authorizing the tax benefits with the stipulation that the back taxes be paid.

Staff indicated that the deadline for the application is April 1 and Mr. Shull stated he could not pay the back taxes until May. Staff recommended the Commission approve the application and not penalize the current owners for the previous owner not paying his taxes.

Commissioner Gilbert stated he would abstain due to a conflict of interest.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8598.

Motion carried 4-0-1 (Commissioner Gilbert abstaining).

NEW BUSINESS
ORDINANCES AND RESOLUTIONS

4.
RESOLUTION 8613, INTENTION TO ANNEX PARCEL NUMBER 8B, SEC 1, T20N, R3E.

Casey Cummings, W. Larry Madison and William L. Madison, purchased Mk. No. 8B, Sec 1, T20N, R3E submitted a petition requesting to annex the vacant 240 ft. x 150 ft. parcel. The parcel is an enclave of County land entirely surrounded by incorporated City property. The owners anticipate constructing an office building and storage units on the site.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8613.

Commissioner Gilbert stated that he would not abstain on this Resolution as it sets the public hearing. However, he would abstain on the annexation resolution due to a conflict of interest.

Motion carried 5-0.

5.
RESOLUTION 8614, A RESOLUTION SUPPORTING THE EFFORTS OF THE MUDDY CREEK TASK FORCE.

The Muddy Creek Task Force requested that all entities of government endorse their efforts in seeking funding for the Muddy Creek project by asking for the support of the Montana congressional delegation on their request for Federal program construction funds. The Task Force requested monetary donations to assist in promoting the project. City Staff recommended the City Commission authorize a monetary donation of $750.00.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8614.

Motion carried 5-0.

CONSENT AGENDA

Mayor Morris enumerated the five (5) Consent Agenda items as follows:

6.
Minutes, December 21, 1993 Commission meeting.
7.
Claims over $500.00.
8.
Operating Agreement, Tourist Visitor Center with the Great Falls Area Chamber of Commerce. Five year agreement with the Great Falls Area Chamber of Commerce for the operation and maintenance of the Visitors' Center.
10.
Bid Award, Self-Contained Breathing Apparatus. Bid award to Heiman Inc. of Great Falls in the amount of $34,870 for 22 units of ISI Self Contained Breathing Apparatus with spare bottles.
11.
Reject Bids, Mitchell Pool Water Slide (OF 1059). Reject all bids received for the Mitchell Pool water slide. All bids exceeded the Engineer's Estimate.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed.

Commissioner Gilbert pointed out that the agreement with the Great Falls Area Chamber of Commerce for the operation of the Visitors' Center was amended to allow City Commission approval of the hours of operation of the Center.

Motion carried 5-0.

BOARDS & COMMISSIONS

11.
APPOINTMENT, BUSINESS IMPROVEMENT DISTRICT.

Jim Wylder submitted his letter of resignation November 15, 1993, therefore it was necessary for the City Commission to make an appointment to this Board.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission appoint Janet Marron to the Business Improvement District to complete the term for Jim Wylder beginning January 1, 1994 and expiring June 30, 1997.

Motion carried 5-0.

CITY MANAGER

12A.
FOX FARM ROAD IMPROVEMENTS.

Jim Rearden, City Engineer, reported to the City Commission the due to the heavy traffic on Fox Farm Road, the Engineering Division proposed to expand a portion of Fox Farm to three lanes. Mr. Rearden stated that the expansion should alleviate the long lines of vehicles which develop in the northbound lanes on Fox Farm Road near Tenth Avenue South.

Mr. Rearden stated that he was seeking direction from the City Commission on the proposed project. It was the consensus of the City Commission to support the proposal.

Commissioner Deming requested that the Engineering Division evaluate the traffic on Fox Farm and 18th Street and determine if a traffic device is warranted in conjunction with this proposal.

ADJOURNMENT

There being no further business to come before the Commission, the regular meeting of January 4, 1993, adjourned at 7:49 p.m.


/S/
Gayle Morris, Mayor

/S/
Peggy J. Lamberson, City Clerk




1994 Commission Minutes
Commission Minutes listing page