| 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, Public Works, Fairgrounds, Planning, Finance, Fire Chief, Police Chief, Assistant Director of Park & Recreation and the City Clerk.
Ordinance 2667 rezones Portage Meadows No 2 Add, Block 6, Lot 1 from "PUD" (Planned Unit Development) District to "LB" Local Business District, "C" Area. The involved property is located along the south side of 4th Avenue North and west of 52nd Street North. The purpose of the rezoning was to remove the existing PUD zoning designation which required compliance with a site plan created in 1977.
Mayor Morris declared the public hearing open. No one appeared to speak in opposition to Ordinance 2667. Wayne Brown, (322 Deerfield Court) spoke in support of Ordinance 2667. There being no one further to speak, Mayor Morris closed the public hearing.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission accept the Application of 12 Zoning Factors labeled as Exhibit "E" and adopt Ordinance 2667.
Motion carried 5-0.
Tax benefits permitted by MCA 15.24.1402 allow new or expanding industries' improvements to be taxed at 50% of their taxable value for the first five years after a construction permit is issued with equal graduated annual increases thereafter until 100% of taxable value is attained in the tenth year. Artic Windows, Inc., petitioned to receive the benefits.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8633. Mayor Morris closed the public hearing.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8633.
Motion carried 5-0.
The City received a petition requesting street lighting in Montana Addition from 19th Avenue SW to 24th Avenue and 11th Street SW to Treasure State Drive. The petition was signed by 49.8% of the property owners. The lighting is to consist of eighty-five (85) 100 watt post top lights, two (2) 100 watt HPSV fixtures on dedicated wood poles, and three (3) 100 watt HPSV fixtures on existing distribution poles. Three distribution poles already exist on 24th Avenue SW in front of Meadowlark School on the Fox Farm Drive side, therefore, 100 watt HPSV fixtures will be installed on these three poles rather than installing post top lights. In order to provide adequate lighting to both sides of 24th Avenue SW in front of Meadowlark on the 11th Street side, two (2) 100 watt HPSV fixtures and dedicated wood poles will be installed rather than post top lights.
On April 5, 1994, the City Commission adopted Resolution 8625, Intent to Create SLD 1274, setting the public hearing date for its creation for May 3, 1994. During the protest period, the City Clerk received six letters of protest. However, only four were counted because two individual letters were received by a couple owning one parcel and one letter arrived after the protest period had ended.
Mayor Morris declared the public hearing open. Those speaking in support of Resolution 8635 were as follows:
Jesse O'Hara (1117 20th Avenue SW) stated he collected signatures on the petition requesting the creation of the SLD. He stated, in his opinion, more people from the neighborhood supported the SLD than opposed it. He added that it will improve the area and will deter help crime.
Mike Mooney (1133 20th Avenue SW) stated he, too, collected signatures on the petition to create the district. He concurred with Mr. O'Hara's testimony and requested the City Commission support Resolution 8635.
Julie O'Hara (1117 20th Avenue SW) stated the motivation behind the creation of the SLD is to cut down crime in the area. She provided several recent examples of crime in the area. She also stated that the neighborhood wanted to ensure safety for the children.
Terry Pehan (1128 20th Avenue SW) stated he supported the creation of the SLD.
Those speaking in opposition to Resolution 8635 were as follows:
Jim Kuntz (2000 13th Street SW), explained that when the people were collecting signatures for the petition to create the district, it was not made clear that this was an annual, never-ending payment. Mr. Kuntz added that, in his opinion, crime increases when an area is lighted rather than decreases.
He also stated that when he spoke to a representative from the Montana Power Company, the representative explained that "it was a done deal" and that Montana Power was ready to install the lights. Mr. Kuntz suggested that the plans be readjusted so that those people who want lights will have them in their yards and those who don't want lights, or are opposed to the lighting district, would not have them in their yard. Mr. Kuntz concluded, requesting the City Commission for a time extension to organize additional people opposed to the creation of the SLD.
Tom Meyers (69 Treasure State Drive) explained that if someone wants a light in their yard, they can call Montana Power or Great Falls Gas and have one installed. He added that if the solution to stop crime is lighting, then those areas with lights wouldn't have any crime.
Russ Eklund (2205 11th Street SW) explained he did not think he was provided enough notice. He added that he doesn't like lights and suggested that 3 out of 5 people in the neighborhood opposed the creation of the SLD.
There being no one further to speak, Mayor Morris closed the public hearing.
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8635.
Commissioner Bennett stated that the City Commission only received four letters opposing the district out of over two hundred residents and that the Commission needs to take that into consideration.
Commissioner Gilbert stated that after 51% of the signatures are collected from the neighborhood, it was a moot point to collect any additional ones because the majority had indicated support of the SLD creation.
Commissioner Deming explained to the audience the role of the City Commission in the SLD creation process. He also concurred with Commissioner Bennett's statements.
Police Chief Jones stated that light is a deterrent to crime. He added that unfortunately, crime is a part of our community and the community needs to get involved to help deter crime.
Commissioner Everson stated that she agrees with the testimony provided supporting the creation of the SLD. She added that lighting will also help in keeping the adults, as well as the children, safe.
Motion carried 5-0.
Resolution 8634 initiates the creation of SID 1271 for roadway improvements along Park Garden Road and roadway and utility improvements along Swan Court, Robin Court, and Linden Drive. Numerous individual property owners meetings, a public meeting and subsequent working group meetings have been held prior to the introduction of this Resolution.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8634 and set the public hearing for 7:00 p.m. June 7, 1994.
Motion carried 5-0.
The amended plat subdivides Block 17, Bel-View Palisades into ten single family residential lots. Resolution 8637 annexes Block 17 into the City and the accompanying annexation agreement outlines the terms and conditions of annexation and plat approval.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission approve: 1) Annexation Resolution 8637; 2) the final amended plat of Block 17, Bel-View Palisade; 3) the accompanying annexation agreement, subject to the petitioner fulfilling the conditions stipulated herein by the Planning Board and arriving at a mutually satisfactory arrangement with the developers of Centennial Ridge and appropriate City representatives for reimbursement for applicable existing public improvements abutting said Block 17.
Motion carried 5-0.
The Final Statement is the City Commission's official funding authorization for the 1994/95 Community Development Block Grant program. The City Commission conducted a public hearing on the CDBG Proposed Statement, April 19, 1994.
Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt the 1994/95 Community Development Block Grant Final Statement and Resolution 8638 and authorize its submittal to HUD.
Commissioner Gilbert stated that during the public hearing, several issues were raised erroneously, that he would like to address. The first was "the City Commission was caving into landlords". He stated that in the two and a half years as City Commissioner, he has only talked with approximately six landlords. He stated his point is that the statements were incorrect and he wanted the record to show that they were.
Commissioner Gilbert asked Cheryl Patton, Community Development, to refute several of the allegations made during the public hearing by the representatives of the Counsel for Concerned Citizens. Cheryl Patton read a five page rebuttal to said allegations.
Motion carried 5-0.
Mayor Morris enumerated the thirteen (13) Consent Agenda items as follows:
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda as printed minus items #9 and #15.
Motion carried 5-0.
The preliminary plat of Berkner Heights Addition, Phases II, III and IV, includes 29 single family residential lots and the easterly extension of 15th 16th and 17th Avenue South to be connected to a north-south roadway designated as 41st Street South.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve 1) the preliminary plat of Berkner Heights Addition, Phases II, III, and IV, subject to the fulfillment of conditions stipulated by the Planning Board; and 2) the accompanying Findings of Fact.
Commissioner Deming suggested an amendment to Section 3A that would add a third party to any request to subdivide the parcels addressed in Section 3A.
John Mooney, City/County Planning Director, suggested the clause "unless concurred in by the City, the abutting lot owner, and the developer or current lot owner".
Commissioner Deming moved, seconded by Commissioner Everson, that the motion be amended to include the clause to Section 3A as stated by John Mooney.
Bob Goff, legal counsel for the developers, concurred with the amendment.
Commissioner Gilbert stated that there are a number of issues before the Commission, past subdivisions, future subdivisions and Berkner Heights. He added that there may have been a time when the City was not the best neighbor to the residents of Gibson Flats. He stated that Mr. Nelson made a good point, that City Staff, Cascade County and Gibson Flats residents work together to develop a long term solution. However, he stated, that in regards to the Berkner Heights subdivision, it will not add to the problem. The problem already exists and should be addressed.
Commissioner Deming directed the City Manager to set in place, activity to work with the County and Gibson Flats residents to develop a long term solution to the flooding problems.
Mayor Morris stated that he agrees with comments made. He also stated that in the agreement, Condition 6, stipulates that Gibson Flats will see no net increase in water in the area. Mayor Morris also stated he supports the development. He reminded the audience that the development will not occur overnight. It may take several years before the subdivision is completed. This will provide an opportunity to test the detention/retention ponds that are proposed to address the storm drain concerns.
Commissioner Deming hoped that by the time Phase IV of Berkner Heights was completed, the City and residents of Gibson Flats would have reached a solution.
Mark Bourdeau, 59 Eaton Avenue, asked if a resident from Gibson Flats could be included in the discussions pertaining to the final plat and design of the detention/retention ponds.
City Manager, John Lawton, stated that the process is public and Mr. Bourdeau can be included on the mailing list. He advised, however, that the Gibson Flats representative would not have a vote or veto power over the process. Mr. Bourdeau agreed.
Commissioner Gilbert suggested to the Gibson Flats residents that they have a responsibility to stay informed and to communicate to the City Commission if they are not satisfied with the results of the process.
Eve Franklin, District 21 Senator, stated that the City needs to acknowledge the work Gibson Flats representatives have done and requested that the City keep them apprised of the process.
Mr. Max Smerker stated he would like to see the City, County and Gibson Flats residents work out a solution to the water drainage problem in Gibson Flats. He proposed several solutions.
Mayor Morris called for the vote, motion carried 5-0.
Bid Award to lowest qualified bidder, Guy Tabacco Construction in the amount of $1,283,895 (Base Bid).
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission award a contract in the amount of $1,283,895 (base bid) to Guy Tabacco Construction for the Exhibition Hall at the Montana State Fairgrounds and that the City Manager and staff be authorized to execute the necessary contract documents.
Commissioner Everson stated she would abstain due to a conflict of interest.
Commissioner Gilbert explained that James Talcott Construction submitted the low bid, however, there was a question if the bidding requirements were met. He explained that the bidders checklist required the bid to be submitted within the bidding documents and the Talcott Construction bid was not included in the specifications book. He asked if this was material. He concluded that the City Commission had to draw the line.
Commissioner Bennett stated that it is important for the City Commission and City staff to be consistent.
City Manager, John Lawton, concurred with Commissioner Gilbert's question, if the issue of not submitting the entire bid specification was material or not. Mr. Lawton stated that there have been instances in the past where bids have been rejected because of this same situation. He also stated that the Montana Public Works Standards suggest that the specification books be returned as part of the bid because 1) it provides a means to ensure that everyone involved in the bidding process had the same information and 2) it assists in the compilation of the documents. Mr. Lawton stated that the Staff recommendation of rejecting the low bid due to this situation was not easy. However, it was important that the City be consistent in the application of the bid checklist.
Brad Talcott, Talcott Construction, Inc., appealed to the City Commission, requesting they reconsider and award the bid to the lowest bidder, Talcott Construction.
Warren Wenz, legal counsel for Guy Tabacco, Inc., stated he agreed with the Staff's recommendation and encouraged consistency in bidding procedures.
Motion carried 3-1-1 (Mayor Morris dissenting; Commissioner Everson abstaining).
The term for James O'Fallon expired April 30, 1994. Therefore, it was necessary for the City Commission to make an appointment.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission appoint Fred Thiel to the Police Commission for a three year term beginning May 1, 1994 and ending April 30, 1997.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
City Manager, John Lawton, reminded the City Commission of the proposed budget work session schedule and asked that the Commission let Staff know of any problems with the proposal.
Clay Braden, 2708 4th Avenue NW, suggested that a conflict of interest was apparent if the City Attorney also provided legal counsel to the West Side Flood District.
Mr. Gliko advised that in the event both parties needed legal counsel, the Flood District could contract with another attorney.
Morris Deering, 3825 9th Avenue South, Chairman of the Shrine Circus, stated that every year the price to use the Four Seasons increases. He stated that some organizations cannot continue to provide entertainment if the prices keep increasing.
Mr. Deering also questioned the "parking lot" assessment paid by users of the Four Seasons. Mr. Lawton stated a report will be prepared for the City Commission and forwarded to Mr. Deering.
There being no further business to come before the Commission, the regular meeting of May 3, 1994, adjourned at 9:36 p.m.
/S/
Gayle Morris, Mayor
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Peggy J. Bourne, City Clerk