| Regular City Commission Meeting | Mayor Morris Presiding |
CALL TO ORDER: 7:00 PM
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, Finance, Park & Recreation, Fairgrounds, Planning, Personnel, Fire Chief, Police Chief, Acting Director of Public Works, and the City Clerk.
PROCLAMATION: Mayor Morris declared the week of May 15 - 19, 1995, as Public Works Week.
If approved on final reading, Ordinance 2686 will rezone 5.24 acres located in the NE3 Section 5, T20N, R4E, from its present Suburban Residence Use District to "C" Residence Use District. The property is located along the north side of the Northeast Bypass between Giant Springs Access Road and 38th Street North. The purpose of the rezoning is to accommodate a planned condominium project consisting of approximately 30 residential units.
During a public hearing before the Planning Board on March 28, 1995, the Board passed a motion recommending the described zone change request be denied. Representatives of established industrial uses within the immediate area expressed opposition to this zone change request.
Mayor Morris declared the public hearing open. Those speaking in opposition to Ordinance 2686 were as follows: Susan Humble, representative of Anderson Steel, stated she opposed the rezone request because of the nature of her business. She stated that a steel business would not be a good neighbor to a condominium project and in order to prevent future problems, she requested the City Commission deny the rezone request.
Those speaking in support of Ordinance 2686 were as follows: Kurt Kessner, 1901 Centennial Drive, developer, requested the City Commission approve the rezoning request. He stated that the site has more appeal than any other area he's looked at. He also stated that the fact that the site is located next to a steel company is a risk he is willing to take.
Commissioner Everson asked if Staff was satisfied with the proposed public improvements for the project. City/County Planning Director, John Mooney, explained that because of the type of project Mr. Kessner was proposing, the City would not have any more involvement in the planning process for the project. He added that Staff would like to see a development agreement addressing public improvements.
Commissioner Gilbert asked Mr. Kessner if he was willing to increase the level of public improvements in the project. Mr. Kessner stated if he had a choice of not doing the project or complying with City requests for public improvements, he would agree to doing the improvements.
Sue Todd, 3618 6th Avenue South, encouraged the City Commission to support the rezone request. She stated that the developer and financing company are willing to take a chance that the units will sell and that funding for the project will not occur unless 60% of the units are pre-sold.
Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission postpone action Ordinance 2686 until June 6, 1995.
Motion carried 5-0.
In the interest of developing a landscaping code that provides a healthier, greener, and more inviting atmosphere, City staff proposed changes to the landscaping ordinance that will:
Commissioner Deming moved, seconded by Commissioners Bennett and Everson, that the City Commission adopt Ordinance 2687 on final reading with an amendment to Section 12.4.030(b) to add "weeds" into the sentence referencing refuse and debris.
Commissioner Gilbert stated he supported the current percentage of landscaping required and had concerns about how an increased landscaping percentage would affect businesses in Great Falls.
Commissioner Deming stated that he was initially concerned, however, after researching the issue, was confident the new ordinance will enhance Great Falls and make it a better place to live.
Commissioner Everson informed the audience that the proposed landscaping amendments require live vegetation rather than rocks or bark.
Motion carried 4-1 (Commissioner Gilbert dissenting).
If approved on final reading, Ordinance 2689 will rezone the area being platted as Smith Addition, Phase 3, from Suburban Residence Use, "A" Area District to Planned Unit Development "PUD" District. The rezoning is being processed simultaneously with a request to approve the subdivision plat of Smith Addition, Phase 3, a proposed 7 unit townhouse project along the north side of 9th Avenue North between 32nd and 34th Streets North.
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2689 on first reading and set the final reading and public hearing date for 7:00 p.m., June 6, 1995.
Motion carried 5-0.
The City Commission, during a regular meeting held February 21 ,1995, approved annexation Resolution 8713, the Annexation Agreement, Final Plat and Planned Unit Development and Plans for Riverside Townehomes Addition, a proposed 12 townhouse unit subdivision located along the east bank of the Missouri River approximately one mile south of the Water Treatment Plant.
Mr. Roy Volk, the project developer, recently completed negotiations on a property trade resulting in a minor modification to the PUD boundary. Prior to executing and filing and recording the final documents associated with the PUD, Mr. Volk requested a revised property description reflected in the documents. The revised property description essentially adds the 50 foot wide private access road which connects the PUD to Lower River Road to the minor plat an annexation description.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8726.
Commissioner Gilbert stated he would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
The final plat of Berkner Heights Addition, Phase 2, consists of 12 single family residential lots located east of Christianson Addition and one lot to be deeded to the City to accommodate potential storm drainage improvements. Resolution 8727 annexes the Addition into the City and the accompanying Annexation Agreement outlines the terms and conditions of annexation and plat approval.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt 1) Annexation Resolution 8727; 2) the final plat for Berkner Heights Addition, Phase 2; and 3) the accompanying Annexation Agreement.
Commissioner Gilbert stated that several residents in the Gibson Flats area were concerned that this subdivision would create additional flooding problems currently experienced in Gibson Flats. However, Mr. Gilbert pointed out that the City held true to their word and are working with the Gibson Flats residents to address the problems.
Motion carried 5-0.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda as printed minus items 7 and 11.
Motion carried 5-0.
Commissioner Deming moved, seconded by Commissioner Gilbert, that the claims over $500 be accepted as printed.
Commissioner Deming stated that there was a claim on the list to SRM for their work assisting City Staff with the landfill closure. Commissioner Deming asked City Manager, John Lawton, if it is time the City Commission took a hardline approach with the State of Montana, in order to complete the closure process.
John Lawton, City Manager, explained that the closure activity for the landfill is winding down. However, there will always be some activity. He suggested that Staff prepare a report to the City Commission on the status of the landfill closure process.
Staff solicited bids for mowing services of some parks in Great Falls. A selection committee consisting of Commissioner Gilbert, Bill Eidel, Coleen Balzarini, and Jerry Sepich reviewed the proposals, evaluated the Park and Recreation bid, and compared the bid prices submitted with the cost of providing the services by the City. The committee recommended rejecting the two (2) bids based on the comparable cost of services provided by the City.
Commissioner Gilbert moved, seconded by Commissioners Bennett and Everson, that the City Commission reject all bids for mowing services and continue services provided by the Park and Recreation staff.
Commissioner Gilbert stated that he was disappointed with the proposal requests drafted by City Staff. He explained that only 100 acres of park land were to be privatized and that it wouldn't work at that level. He requested that when Staff rewrites the bid specifications for this, the specs include: 1) the need for a licensed pesticide distributor; 2) the parties submitting a bid having the option of purchasing the equipment currently owned by the City to maintain the parks; and 3) that the bid price be broken down into labor, equipment costs, direct costs, overhead and profit.
Motion carried 5-0.
Gordon Whirry's term on the Great Falls Housing Authority expires May 25, 1995. Therefore it was necessary for the City Commission to make an appointment to this Board.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission appoint Robert Gillis to the Housing Authority Board for a five year term beginning June 1, 1995 and ending May 31, 2000.
Motion carried 5-0.
City Manager, John Lawton, reported to the City Commission that City Staff and County officials have been communicating regarding the operation of the water standpipes. He added that Staff will keep the City Commission informed as events transpire.
Commissioner Gilbert stated that he was not inclined to extend the time frame of the reduced rate at the standpipes to facilitate negotiations between the City and the County.
Dave Gliko, City Attorney, reported on the legality of a City employee filing for City Commission. Mr. Gliko's report suggested that the issue raises the question of whether city employment is "incompatible" with holding the office of city commissioner under the Great Falls charter form of government. Mr. Gliko cited McQuillin in the Law of Municipal Corporations the general rule of incompatibility. Further, Mr. Gliko acknowledged the "doctrine of incompatibility" in Klick v. Wittmer, 50 Mont. 22 (1914).
Mr. Gliko recommended the City Commission authorize a notice of incompatibility of a city employee to serve as a city commissioner to be served upon the candidate and the election administrator. Mr. Gliko also recommended that the commission designate an "elector" to contest the nomination of the candidate pursuant to MCA 13.36.101 et. seq. Such contest requires the filing of a complaint in the District Court and a hearing to be held thereon. Filing of action must be made after the "nomination" of the candidate which occurs upon successful election in the primary election, September 12, 1995.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission contest the City employee as a candidate, and that the City Commission notify the City employee immediately and select an elector if the candidate is successful in the primary.
Commissioner Gilbert stated that legal cases aside, it just doesn't make sense. Commissioner Bennett concurred with Commissioner Gilbert and stated that this scenario violates the code of ethics. Commissioners Deming and Everson concurred.
Motion carried 5-0.
There being no further business to come before the Commission, the Mayor, requested a five minute recess before reconvening into an Executive Session to discuss a personnel issue. The regular meeting of May 16, 1995, recessed at 8:35 p.m.
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Gayle Morris, Mayor
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Peggy J. Bourne, City Clerk