| Regular City Commission Meeting |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Finance, Park & Recreation, Fairgrounds, Personnel, Planning, Fire Chief, Police Chief, and the City Clerk.
The City Commission received a petition from business owners requesting a sign code amendment to allow sidewalk signs which are currently prohibited under the sign code. Staff drafted an ordinance in response to that petition request. The ordinance would allow sidewalk signs by permit if size and weight conditions are met and public right of way is not unduly incumbered.
Mayor Morris declared the public hearing open. Those speaking in support of Ordinance 2669 were as follows: Linda McDonald (405 45th Avenue SW) who stated that she presented the petition to the City Commission requesting the ordinance. She suggested, instead of disallowing the signs, to allow them with stipulations. She also stated that the City should require liability insurance for each sign by the owner of the sign, thus removing the liability issue from the City. She stated that those people supporting sidewalk signs are not opposed to restrictions and uniformity regulations.
No one spoke in opposition to the proposed Ordinance. There being no one further to address the City Commission regarding Ordinance 2669, Mayor Morris closed the public hearing.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Ordinance 2669.
Commissioner Everson stated she supports this sign code revision. However, she was concerned with the phrase "well-maintained". She added that the City should try it for one year and then bring it back to the Commission for review.
Linda McDonald suggested that at the time the annual permit is issued, a picture of the sign be submitted. She also suggested that a $25 fee be collected each time the business renews the permit for the sign.
Commissioner Gilbert stated he agreed with annually renewing the sign permit. However, he was inclined to try it for a year. He also stated that the insurance requirement suggested by Ms. McDonald was a good idea.
Cheryl Patton, Community Development Director, stated that the insurance requirement was already incorporated into the Ordinance.
Commissioner Deming stated that motion should be amended to include the one year trial period language.
The motion was amended to read, "That the City Commission adopt Ordinance 2669 for a one year trial period and will be reviewed at the first City Commission meeting in July 1995."
Motion carried 5-0.
The City Commission, during a regular meeting held June 7, 1994, adopted Resolution 8643 setting a public hearing to consider the vacation of that portion of Park Drive, south of Second Avenue South.
Truchot, Inc. and Trillium Corporation petitioned to vacate that portion of Park Drive south of Second Avenue South. The involved strip of unimproved land containing .25 acres is located immediately east of the souther portion of the former BN Railway Freight Depot.
Crop Growers Insurance is purchasing the former BN Railway Freight Depot and surrounding property south of Flynn Insurance. Abandonment of the involved portion of Park Drive will allow the purchaser to develop and utilize the unused road right of way as a landscaped parking area.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Ordinance 2670. Mayor Morris closed the public hearing.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2670 on first reading.
Commissioner Gilbert stated he would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
In accordance with Sections 7-6-4226 through 7-6-4228 and 15-10-203, MCA, the City Commission has: completed its preliminary budget for the upcoming fiscal year; placed the budget on file, open to public inspection; published a notice of preliminary budget hearing; and specially published notices of intention to budget increased property tax revenue.
Mayor Morris declared the public hearing on the Budget and Tax Revenue open. No one appeared to speak in support of or in opposition to it. Mayor Morris closed the public hearing.
Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission provisionally adopt the FY 1994/95 budget as finally determined, and set August 2, 1994 for final budget adoption and fixing of tax levies.
Motion carried 5-0.
First Alliance Church requested the City of Great Falls offer for sale a parcel of land adjacent their existing property. The parcel is a portion of Clara Park which was determined to be excess, non-developable park property. The Church submitted the only bid for the parcel which consists of the western portion of Lots 30, 31, and 32 as shown on the Amended Plat of Lots 30, 31 and 32, Block 3, Second Supplement to Sunrise Terrace Addition.
The two bids received for Parcel B did not meet bidding requirements and therefore were rejected.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to the sale of the City owned land (Clara Park) Parcel A.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission approve the sale of Parcel A to First Alliance Church for the bid price of $28,840 and authorize the City Manager and staff to execute the necessary documents.
Motion carried 5-0.
City Staff negotiated the acquisition of the land and improvements located at 1700 River Drive North in exchange for monetary considerations and City-owned park land at Sandhills Park and Yeoman-Tynes Park. The total purchase price is $594,811 with a net monetary value of $343,560 to be paid after the exchange of park parcels.
The Park & Recreation Department was interested in acquiring the land and improvements located at 1700 River Drive North from the Talcott family and associates. The new facilities are proposed to be used as office and maintenance functions of the Park & Recreation Department in an effort to consolidate facilities and functions that are currently conducted at several locations. In addition, Staff also worked with the School District in an effort to economize and consolidate or coordinate some of their maintenance functions with those of the City.
The agreement states that the City will purchase the Talcott Property for a total price of $594,811, with $10,00 earnest money and $50,000 as additional down payment on or before closing on July 12, 1994. The City will trade 199,069 square feet of Sandhills Park at a value of $1.00 per square foot ($199,069) and 43,485 square feet of Yeoman-Tynes Park at a value of $1.20 per square foot ($52,182). The remaining balance will be $283,560 which will be financed by the sellers for five years at 8% per annum interest with annual payments due by August 1st of each year beginning 1995.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to the exchange of City-owned land (Sandhills & Yeoman-Tynes Parks).
Commissioner Everson moved, seconded by Commissioners Bennett and Deming, that the City Commission approve the Agreement to Sell and Purchase which provides for the purchase of the Talcott Property located at 1700 River Drive North and the exchange of City-owned land at Sandhills and Yeoman-Tynes Parks and authorize the City Manager and Staff to execute the necessary documents.
Commissioner Gilbert stated that this is the first step toward co-locating Park & Recreation and the School District's Buildings and Grounds. He added that this is a positive step for our community.
Motion carried 5-0.
Analysis of Special Improvement District (SID) Revolving Fund and Debt Service Funds showed that: the net balance of $2,850.76 from one (1) SID, with completed debt service obligations, should be transferred to the SID Revolving Fund, in accordance with 7-12-4222(2), MCA; and loans totalling $7,051.74 from the SID Revolving Fund are required to meet projected deficiencies in two (2) SID's with outstanding debt service obligations, in accordance with 7-12-4223, MCA.
The SID Revolving Fund balance, after appropriate SID closures and loan transactions, will be $508,195.63. This is $334,670.63 above the minimum balance required and $35,244.37 below the maximum allowed.
Resolution 8630 orders the closure of completed SID's to the SID Revolving Fund; and loans from the SID Revolving Fund for SID Deficiencies.
Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8630.
Motion carried 5-0.
This item was pulled.
Resolution 8646 and accompanying minor plat and agreement involve the subdivision and annexation for a four lot single family residential development immediately south of Falcon Ridge No. 2 Addition along the south side of Valley View Drive.
The Planning Board, during a meeting held May 24, 1994, passed a motion recommending that the governing bodies approve the minor plat of Falcon Ridge No. 3 Addition and that the City Commission annex the area with said minor plat applying a zoning classification of "A" Residence Use, "B" Area District, subject to the petitioner meeting the specified following conditions:
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the minor plat of Falcon Ridge No. 3 Addition, the accompanying Annexation Agreement and Easements, and adopt annexation Resolution No. 8646.
Commissioner Gilbert stated he would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
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 minus item 14.
Motion carried 5-0.
Award bid to lowest bidder, United Materials of Great Falls, Inc. in the total amount of $893,889.75.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission award a contract in the amount of $893,889.75 (base bid) to United Materials for the Fairgrounds Utility Project at the Montana State Fairgrounds and that the City Manager and staff be authorized to execute the necessary documents.
Commissioner Everson stated she would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Everson abstaining).
The term of Charles Abernathy expired June 30, 1994, therefore it was necessary for the City Commission to make an appointment to this board.
Commissioner Gilbert moved, seconded by Commissioners Bennett and Everson, that the City Commission appoint Walt Dudra to the Business Improvement District for a four year term beginning July 1, 1994 and expiring June 30, 1998.
Motion carried 5-0.
Allen Carter submitted a letter of resignation from the Board of Adjustment/Appeals. Therefore, it was necessary to make an appointment to this board.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission appoint Greg Luinstra to the Board of Adjustment/Appeals for a two year term beginning July 1, 1994 and expiring September 30, 1996.
Motion carried 5-0.
The terms of Barbara Kjelsrud and Shelley Lighter expire June 30, 1994, therefore, it was necessary to make appointments to this Board.
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission reappoint Barbara Kjelsrud and Shelley Lighter to the State Fair Advisory Board for a three year term beginning July 1, 1994 and expiring June 30, 1997.
Motion carried 5-0.
The term for Oswald Scantlebury expires June 30, 1994, therefore it was necessary for the City Commission to make appointments to this Board.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission reappoint Oswald Scantlebury to the Library Board for a five year term beginning July 1, 1994 and expiring June 30, 1999.
Motion carried 5-0.
The terms of the proposed agreement extend from July 1, 1994 through June 30, 1996. The economic impact for FY 1994 is 2% and for 2% for FY 1996. The 2% for FY 1995 was added to base wages, and the 2% in FY 1996 will be distributed as follows: 2% will go towards buying fully paid health insurance during the term of the agreement and 1.5% was added to base wages.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the Labor Agreement between the City of Great Falls and the Great Falls Police Protective Association and authorize the City Manager to execute said labor agreement.
City Manager, John Lawton, stated that negotiations with the Police Protective Association were productive and he appreciated the good labor relations the Chief of Police has developed the PPA.
Motion carried 5-0.
Mr. Roy Patte, 3913 Wilkerson Lane, read a petition stating that it had been signed by approximately 150 people residing in the immediate area of Wadsworth Park. He added that the general consensus of the people signing the petition was 1) the area is too populated to continue with the discharge of firearms in Wadsworth Park; 2) the noise pollution from early in the morning until late at night on the days the range is in use is intolerable; 3) there ispollution to the lake and ground area at Wadsworth Park from the lead in bullets and pellets; 4) the danger to humans, animals and personal property from stray bullets is unacceptable.
Mr. Patte suggested that the City keep the park in a natural state for all to enjoy for walking, fishing, horseback riding, bird watching, etc. and to have restrictions as in other city owned and operated parks regarding noise, closure time, usage etc.
He stated he was before the City Commission, the first time, in October of 1993, and would like the City to take care of this as soon as possible because it is still an on-going problem. He also stated Mr. Lawton would let him know when the City was going to take action on the lease for the skeet club and he had not heard from him. He also stated that he talked with the Water Quality Bureau and the EPA regarding the lead and possible contamination of the water. He added that the EPA was quite interested because of the lead content in the grass. He stated that he and his wife are on medication because of that.
City Manager, John Lawton, stated that Mr. Patte had not been contacted because there was nothing new to report to him.
Rich Brown, 1916 Mountain View Drive, President of the Skeet Club, stated that the Skeet Club would like to stay at Wadsworth Park. He refuted Mr. Patte's comments and gave a review of the operation of the Skeet Club and the contributions it makes to the Great Falls community. He suggested that if the Skeet Club were asked to leave the Wadsworth Park then Mr. Patte would probably see and increase in shooting and dumping in the area.
Clyde Byerly, representative from the Black Powder Pistol Club, stated that if the City chooses not to renew the lease, it would put a hardship on both clubs. He suggested, that if the City was entertaining not renewing the lease, that perhaps the City would provide a long-term lease at the new landfill site for both clubs.
Gary Deschene, 2100 4th Avenue North, stated that he is a member of the Skeet Club and takes his daughter with him who also shoots at the range. He stated that the members of the Skeet Club are not people with loud parties and make a lot of noise.
Greg Riggin, 503 34th Street NW, stated that he Skeet Club is a good neighbor and encouraged the City Commission to renew the lease.
Mike Labriola, 2900 1st Avenue North, stated that as an employee of the Chamber of Commerce, he has been asked on numerous occasions to arrange for visiting dignitaries to visit the Skeet Club. He added that the Skeet Club is an impressive area and represents what Montana is all about. He stated that although he empathized with the area residents, the Skeet Club has been there for over 75 years and that their homes were built after the establishment of the Club.
Commissioner Gilbert stated that two issues have developed regarding Wadsworth Park. The first is compatibility with Skeet Club and area residents. He stated that he did not think the Skeet Club was a threat to life and safety and reminded the audience that the Club was there before any residences were built. He stated the second issue was what to do with Wadsworth Park in the long term. He also suggested that the Skeet Club perhaps look at relocating to the old landfill site.
Jeff Verploegen, 610 Doris Drive, stated he is a skeet club supporter and a life member of the NRA. He stated that there aren't a lot of places to safely shoot and that the Skeet Club is well run and is used by many people.
Bill Donovan, 200 Mountain View Drive, stated that he would like to refute two issues which surfaced during the discussion of Wadsworth Park. He stated that first was the noise issue. He stated that the airport noise was louder than any noise generated from the skeet club.
Secondly, he stated that he understood that the City investigated the use of the old landfill for a pistol range but the EPA stopped that process because the landfill is a hazardous waste site.
City Manager, John Lawton, stated that the City was only in the exploring stages of locating a pistol range at the old landfill. He added that the EPA is not involved with the closure of the old landfill and that it is not a hazardous waste site. He concluded, stating, that the City recognizes the need for additional shooting ranges and is exploring all possibilities to add them.
Gerald Thunstrom, 2916 6th Avenue S, asked at what point does the Skeet Club have to quit moving. He added that every time someone has a concern about the Club they are asked to move. He concluded that many skeet clubs are in the middle of larger communities and it works well.
Commissioner Everson stated that the City is doing a master plan of all the parks in Great Falls and that the planning process will involve the public.
Terry Pehan, Great Falls Area Chamber of Commerce, provided an update on the Visitor's Center. He stated that the highway signage had arrived but was in Helena. He added that part of the signs will be installed within two weeks. The other signs will be installed within 30 - 45 days.
He also stated that the number of visitors in the first two months exceeded 2000 people visiting the center.
He reported that he had been working with the City Forester to complete the landscaping. He also reported that a problem developed with the old visitors center and stated that the Chamber may contract with a demolition crew to tear it down and remove it from its old site.
There being no further business to come before the Commission, the regular meeting of June 21, 1994, adjourned at 8:25 p.m. before meeting in closed session.
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Gayle Morris, Mayor
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Peggy J. Bourne, City Clerk