| Regular City Commission Meeting | Mayor Gayle Morris Presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
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, Park and Recreation, Public Works, Planning, Finance, Acting Police Chief, Fire Chief, and the Deputy City Clerk.
The City Commission received the 1992 Concrete Excellence Award. The plaque was presented by Jim Cummings, Thomas, Dean & Hoskins and Jim Thornby, United Materials. The project won first place in new and unusual design of concrete, more specifically for the plazas, colored concrete and planters located at the Civic Center.
Paul Pistoria, 2421 Central Avenue, addressed the Commission with opposition relating to privatization of the Water Plant. His expressed concern in the following areas: 1) Did Dave Brown, at Giant Springs, receive money from the City to operate his project? 2) Did Waste Management give him money for the project? How was the City able to give money to Waste Management? 3) How was Mr. Brown able to sell bottled water in a state park and is the water Mr. Brown is selling cleared through the state? 4) Would Mr. Brown's water accumulate calcium like the three inch pipe he was holding? 5) Mr Pistoria requested the City look into the legitimacy of the operation.
The City Manager responded: 1) The City did not give money to the project. 2) Waste Management had pledged money through an economic development incentive - the only responsibility of the City was to make sure the money was given to businesses that were designed to produce primary jobs and also, Waste Management was the low bidder - what was between Waste Management and Dave Brown is private money between two business entities. 3) The bottled water is regulated by the state. 4) The project is located outside the city and the state carefully monitors any water production. 5) It would not be a City responsibility, the City has no jurisdiction, no legal authority, nor any need to get involved.
Mayor Morris and Commissioner Gilbert both indicated to Mr. Pistoria this public forum was not the place to attack Mr. Brown since Mr. Brown was not there to defend himself.
The Mayor asked if Mr. Pistoria had received answers to his questions appropriately and Mr. Pistoria indicated he had.
Resolution 8621 allows for improvements of the facility known as the Montana Refining Company, located at 1900 Tenth Street North, to be taxed at 50 percent of the taxable value for a period of five years with an equal graduated annual increase thereafter until 100 percent of the taxable value is attained in the tenth year. (MCA, 15-24-1402, allows for taxation benefits to expanding industries.) Montana Refining Company recently completed construction of improvements to their facility to improve the existing product, create a new product, and improve environmental controls. Total construction cost of the industrial expansion is estimated at approximately $11 million.
Mayor Morris declared the public hearing open. Clay Braden, 2708 Fourth Avenue Northwest, asked if the refinery had reduced the sulphur content, what parts per million they had reduced it to, if there was an additive replacing the lubricating value and what the additive was. Leland Griffin, Montana Refining Company, responded they had reduced the sulphur content in the diesel fuel to 500's of 1 percent and there was an additive but he did not know the technical name. Mr. Braden then asked if new residences being built or if people expanded their present house for rental or business purposes could receive the same type of thing. The City Manager explained this was for industrial manufacturing businesses only.
Mayor Morris closed the public hearing.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8621.
Commissioner Deming presented a letter dated January 20, 1994, addressed to Mr. Leland Griffin, Montana Refining Company, from Erling Tufte, Director of Public Works, regarding the Tenth Street Bridge project. The letter addresses unresolved issues pertaining to right-of-way negotiations with Montana Department of Transportation, pedestrian safety study by Montana Department of Transportation, bicycle path Ben Rangel is following up on, truck traffic flow and relocation of the truck loading facility being studied. Mr. Griffin indicated they do not oppose the bridge as long as their safety concerns are addressed.
Mayor Morris called for the vote. Motion carried 5-0.
Resolution 8622 annexes a vacant .826 acre tract of land at the southeast corner of the intersection of Smelter Avenue and Sixth Street Northeast. The new owners of the parcel anticipate constructing an office building and storage units on the site.
Mayor Morris declared the public hearing open. No one spoke in opposition or favor of the annexation.
Mayor Morris closed the public hearing.
Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8622 and approve the accompanying Annexation Agreement.
Commissioner Deming noted all conditions had been fulfilled by the property owners.
Motion carried 4-0 (Commissioner Gilbert abstaining).
Every ten years after a vote on government review (last held June 5, 1984), each unit of local government must pass a resolution calling for another election on government review and establishment of a study commission. The election must be held on the primary election date, June 7, 1994. (Reference: Article XI, Section 9 of the Montana Constitution and 7-3-171 through 193, MCA.)
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8624.
Motion carried 5-0.
Ordinance 2663 rezones property located at 2400 Second Avenue North from "B" Residence Use to "C" Resident Use allowing utilization of the basement on an existing two-story structure located on the northerly portion of Lot 1 as a separate dwelling, making the structure a triplex or three dwelling units.
Commissioner Gilbert moved, seconded by Commissioner Everson, to accept Ordinance 2663 on first reading and set the final reading and public hearing date for 7:00 p.m., March 1, 1994.
Motion carried 4-1 (Commissioner Deming dissented).
Resolution 8623 allows for subdivision and annexation of a four lot single family residential development along the north side of the extension of Valley View Drive east of 11th Street Northwest.
Commissioner Deming moved, seconded by Commissioner Bennett, the City Commission approve the minor plat, Annexation Agreement and Easements and adopt Resolution 8623.
Motion carried 4-0 (Commissioner Gilbert abstaining).
Commissioner Deming asked if the stipulated conditions had been completed. John Mooney stated the developer had complied.
Mayor Morris enumerated the eight (8) Consent Agenda items as follows:
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed.
Commissioner Gilbert noted the Tourist Visitor Center needs to implement a safety program and manual for volunteers at the Center.
Motion carried 5-0.
The terms for Ethel Seubert, Philomena Warehime, and Gary Knudson expired January 31, 1994, therefore it was necessary to make appointments to the council.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission appoint Sharon Heinz to Neighborhood #3, Sandra Smith to Neighborhood #7, and James Younce to Neighborhood #10. Terms will begin February 1, 1994, and expire January 31, 1997.
Motion carried 5-0.
Paul Pistoria, 2421 Central Avenue, encouraged the City Commission to push the Tenth Street Bridge project.
There being no further business to come before the Commission, the regular meeting of February 1, 1994, adjourned at 7:43 p.m.
/S/
Gayle Morris, Mayor
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Debra L. Reynolds, Deputy City Clerk