JOURNAL OF COMMISSION PROCEEDINGS
June 6, 1995

Regular City Commission Meeting

Mayor Morris Presiding

CALL TO ORDER: 7:15 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 Public Works Director, and the City Clerk.

PROCLAMATION: Mayor Morris declared June 4 - 10, as National Garden Week.

Ordinance 2688 rezones Lots 8-10, Block 260, GF First Addition, from its present "C" Residence Use District to "LB" Local Business Use District. The property is located at 1125 Second Avenue North and is occupied by the Professional Center Office Building. The purpose of the rezoning is to permit retail sale to the public by the occupants of the premises. During a public hearing before the Planning Board on April 11, 1995, the Board passed a motion recommending the zone change.

Mayor Morris declared the public hearing open. No one appeared to speak in opposition to Ordinance 2688. Those speaking in support were: Tom Baiz, Jr. (xxxxxxxxx); Claire Baiz (xxxxxxxxx); and John McNaught (1200 32nd Street South #3). There being no one further to address the City Commission, Mayor Morris closed the public hearing.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the 12 Zoning Factors labeled as Exhibit "E" and adopt Ordinance 2688 on final reading.

Commissioner Bennett stated she would abstain due to a perceived conflict of interest.

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

Ordinance 2689 rezones the area being platted as Smith Addition, Phase 3, from Suburban Residence Use, "A" Area District to Planned Unit Development "PUD" District. The rezoning was 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.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Ordinance 2689. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission 1) approve the preliminary plat of Smith Addition, Phase 3, and the attached Findings of Fact subject to the applicant complying with the conditions stipulated in the Planning Staff Report and Recommendation dated April 19, 1995; 2) accept the Applications of 12 Zoning Factors labeled as Exhibit "E" attached to said Staff Report and Recommendation; and 3) authorize the Mayor and City Clerk to execute Ordinance 2689 upon approval of the final Plat of Smith Addition, Phase 3."

Commissioner Everson asked Mr. Mooney, City/County Planning Director, who would be responsible for the park land within the PUD. Mr. Mooney indicated it would be the responsibility of the PUD.

Motion carried 5-0.

United Materials of Great Falls, applied for a conditional use to utilize Lot 8, Block 93, GF Fourth Addition, addressed as 2027 Eighth Avenue North, as a parking lot for their employees and customers. The involved property is presently zoned "C" Residence Use District which allows off-street parking for an adjacent business as a conditional use without the necessity of rezoning the property.

During a public hearing before the Planning Board on April 25, 1995, the Board passed a motion recommending the conditional use request be denied.

Mayor Morris declared the public hearing open. No one spoke in support of Resolution 8676. Sandy Ritchie, spoke in opposition. She submitted a petition with approximately 50 signatures from people opposing the Conditional Use Request. She stated the reasons for the opposition included the noise, dust and gravel problems currently experienced by residents in the area. She stated the residents opposed United Materials further encroaching into the neighborhood.

There being no one further to speak, Mayor Morris declared the public hearing closed.

Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission postpone action on Resolution 8676 until June 20, 1995.

Commissioner Gilbert stated he does not support Resolution 8676 and agreed with the action taken by the Planning Board. However, he wanted to give United Materials an opportunity to work a solution out with their neighbors. Mr. Gilbert suggested that some of the existing problems could be resolved with a creative parking lot design.

Commissioner Deming stated that the neighbors are complaining because United Materials is not a good neighbor. He stated that postponing action on the Resolution could facilitate communication between the petitioner for the conditional use and the surrounding neighborhood.

Commissioner Everson stated that a new standard could be set by United Materials between businesses and surrounding residents. She added that if things can be worked out on this issue, it could set a city-wide precedence and establish standards for other similar issues.

Commissioner Bennett stated a part of the problem in this case is the nature of business United Materials is in. Commissioner Bennett suggested that part of a solution could be the prohibition of the larger trucks in the proposed parking area.

Commissioner Gilbert clarified that the burden now rests with United Materials. He stated that United Materials must contact and work with the neighbors or the City Commission will not approve the conditional use request on June 20, 1995.

Motion carried 5-0.

Ordinance 2686 rezones 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.

Following a public hearing before the City Commission on May 16, 1995, the City Commission moved to postpone action on Ordinance 2686 and requested Staff to pursue entering into a development agreement with the developer to resolve issues pertaining to public improvements.

John Mooney, City/County Planning Director, reported that an agreement had been worked out between the developer and the City regarding public improvements.

Susan Humble, (813 13th Street SW), read a copy of a letter sent to the City Commission requesting that they consider the children's safety if the condominium development is approved. She stated that there is no park land planned and the speed on the roads surrounding the development are high. Dave Haul, (4004 16th Avenue South), also spoke in opposition to the proposed development.

Kurt Kessner, (1905 Centennial Drive), stated that the target buyers are people without children. Although, he would not discriminate if a family bought one of the units, most people purchasing the condominiums would not have children. He added, that a big attraction in the area is River's Edge Trail which is an exceptional recreational area in Great Falls.

Mayor Morris asked Mr. Kessner if the fact that Allsteel's hours would be disclosed to potential buyers. Mr. Kessner stated that the more honest the developer is on the disclosure, the better.

Commissioner Everson asked if Mr. Kessner would make sure that potential buyers received copies of concerns stated by the Planning Board and the City Commission. Mr. Kessner assured Commissioner Everson that it is in his best interest to make the disclosure statement as open as possible.

Dick Keen, (Chairman of the Planning Board), stated that the Planning Board did not have an opportunity to review the agreement with Mr. Kessner. He explained to the City Commission that the primary concern of the Planning Board with Mr. Kessner's request was that the area does not have any potential for additional residential growth. He added that the condominium development would be an isolated residential area which creates unique problems.

Sue Todd, (3618 6th Avenue South), reminded the City Commission to let the customer make the choice and not to interfere in that process. Ms. Todd also suggested that the potential customers for these units would not be first time home owners. Ms. Todd asked that the City Commission not put restrictions on Mr. Kessner that are not put on anyone else.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2686.

Commissioner Everson stated that industrial and residential areas can co-exist. However, she stated that disclosing the concerns raised by the industrial neighbors was important.

Commissioner Gilbert stated that the City is defending itself in a lawsuit whereby people purchased property next to a skeet range and sued the City because of the noise associated with it. Commissioner Gilbert added that he did not like voting against housing developments, however, he did not support this because of the potential difficulties between the industrial and residential neighbors.

Motion failed 3-2 (Commissioners Deming and Gilbert dissenting) as this issue required a super majority vote.

This project utilizes a Design/Build contract to complete the sanitation building construction in two phases. The first phase included an addition to the existing street building. The second phase consisted of remodeling the existing building by adding two offices, a restroom/locker/shower room facility and installing narrower overhead doors for energy conservation.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Everson , that the City Commission approve a construction contract with Allsteel Building Company in the amount of $226,175 for the Sanitation Building Addition and authorize the City Manager to execute the construction contract documents.

Motion carried 5-0.

Staff received a petition from BMC West Corporation and Paula Pederson, Personal Representative for Walter Oster, owner of the property, to rezone said property from "B" Residence Use, "B" Area, District to "GC" General Commercial Use District, "D" Area District, to allow the removal of the single family dwelling currently on involved property and then convert it to a paved parking facility for Poulsen's Inc., employees.

During a public hearing before the Planning Board on May 9, 1995, the Board passed a motion recommending the zone change be approved.

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2692 on first reading and set 7:00 p.m., Wednesday, July 5, 1995, as the date for the public hearing and final reading.

Motion carried 5-0.

MCA 15.24.16 provides for a tax abatement on the increased taxable value caused by the rehabilitation, restoration, expansion and new construction in historic districts by the establishment of a review process to implement the tax abatement incentive. Additionally, a local governing body can create a local board or use the state historic preservation officer to provide design review assistance and certification for qualifying properties. Staff recommends using the state historic preservation officer rather than creating a review board.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8728.

Motion carried 5-0.

The property owner restored the historic building located at 215 Crop Growers Drive at an estimated cost of $2,075,000 and the project has been certified by the State Historic Preservation Officers. The tax abatement applies to the construction period (not to exceed 12 months) and for up to five years following completion of the construction. The abatement is limited to 100% of the increase in taxable value caused by the restoration. The abatement applies only to the number of mills levied.

Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8730.

Motion carried 5-0.

The property owner constructed an addition to the building at 1400 29th Street South. The building permit was issued August 19,1994, and the project was completed in May, 1995, at an estimated cost of $3,623,926. The applicants requested approval of the tax benefits.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8729.

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

Motion carried 5-0 (Commissioner Gilbert abstaining).

The Great Falls Parking Advisory Commission, in working with the Business Improvement District on issues relating to recent increases on the demand for downtown parking, submitted a proposal to implement a monthly meter parking permit. The recommendation includes that Staff mark the meters surrounding GF Townsite, Block 371, and create a zone where customers may utilize a monthly meter pass in lieu of paying the meter. The parking pass would also allow customers to park on a daily basis instead of being restricted to the two hour time limit. Further, that the monthly rate for these passes be set at $18 per month. This rate is less expensive than paying metered parking by the month and is comparable to City parking lot rates.

Commissioner Gilbert moved, seconded by Commissioners Bennett and Deming, that the City Commission adopt Resolution 8731.

Motion carried 5-0.

Gene Shumaker and Joe Aline own significant undeveloped acreage between North Riverview Terrace and the Old Havre Highway. The minor plat of Skyline Heights Addition, located along the easterly extension of 34th Avenue Northeast, is the first phase of their projected development plans. Extended utility and roadway improvements in 34th Avenue Northeast will serve the five proposed lots. Surface drainage from the site flows southerly and the applicant's engineer proposes installation of a detention facility south of the proposed subdivision.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission approve the following: 1) Annexation Resolution 8732; 2) Minor Plat; 3) Annexation Agreement; and 4) Storm water detention easement, all related to Skyline Heights Addition.

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

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

House Bill 530, effective upon passage of the 1995 State Legislature states that "a local government entity may, by resolution, adopt the alternative accounting method established in section 4." The provision encompasses general accepted accounting principles, annual reporting, annual audits, and annual budget development.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8733.

Motion carried 5-0.

The current City golf fees, established by Resolution 8705, include a $16 green fee rate for weekend play. In an effort to increase the usage of Anaconda Hills and to address a concern from golfers who only play nine holes on weekends, Staff and the Golf Advisory Board recommend the implementation of an $11 "twilight" rate on weekends beginning June 17 through August 27, 1995. The rate would only apply at Anaconda Hills and would be in affect after 4:30 p.m. in June and after 5:00 p.m. in July and August.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8734.

Motion carried 5-0.

The plat of Third Addition to Henderson Heights provides for an additional 17 single family residential lots in the vicinity of Skyline School. Resolution 8735 annexes the unincorporated portion of the plat into the City and the accompanying Annexation Agreement outlines the terms and conditions of annexation and plat approval.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve 1) Annexation Resolution 8735; 2) the final plat of Third Addition to Henderson Heights; and 3) the accompanying agreement for annexation.

Motion carried 5-0.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda as printed minus items 23, 28, 29, and 33.

Motion carried 5-0.

The preliminary plat of Castle Pines Subdivision covers approximately 58 acres of land along the east side of 13th Street South generally between 24th Avenue and 31st Alley South. The preliminary plat consists of 34 proposed townhouse lots, 218 single family residential lots and 1 commercial lot.

The Planning Board conducted a public hearing on the preliminary plat, May 23, 1995. Opponents' concerns included surface drainage, groundwater, and traffic impacts and provision of City utilities around the perimeter of the project. At the conclusion of the public hearing, the Planning Board passed a motion adopting the recommendation contained in the Planning Staff report. However, the amendments supported by the Planning Board were contrary to Planning and Public Works staff recommendations which obligated the proposed subdivision for one-half the cost of an 8 inch water main in the portions of 13th Street South and 24th Avenue South paralleling the subdivision. Additionally, the full cost of a second source water-supply was also being required.

As a follow-up to the concessions granted the developer and in an attempt to keep the price of housing in the project affordable, the Board passed a motion that the City Manager explore the use of either City Housing or Community Development funds to enhance public improvements in the area surrounding the subdivision.

The developer proposed to pay a fee in lieu of setting aside land for park purposes and also proposed an innovative alternative by paying a set amount per lot or household per phase into an escrow account for eventual roadway improvements to those portions of 13th Street South and 24th Avenue South paralleling the subdivision.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission postpone action on the Preliminary Plat of Castle Pines Subdivision until June 20, 1995.

Commissioner Everson stated she does not support the developer paying a fee in lieu of setting aside land to be developed as a park. She suggested that with the type of proposed housing, many children will live in the subdivision and the closest park is Highland.

Mayor Morris suggested that the developer be required to set aside half the land requirements for the park and pay the fee in lieu of the other half.

Commissioner Deming explained that the Commission was not postponing action in order to vote against the proposed subdivision. Rather, the Commission wanted to give Staff and the developer additional time to work out the issues which surfaced during the discussion.

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

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

Award contract to Shumaker Trucking and Excavating Contractors, Inc., in the amount of $143,925.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve a construction contract with Shumaker Trucking and Excavating Contractors, Inc. in the amount of $143,925 for the 1995 Miscellaneous Street Repairs (OF 1113) and authorize the City Manager to execute the construction contract documents.

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

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

Award contract to Neil Consultants for an estimated maximum fee of $48,176.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission approve the contract for Engineering Services for the Galt Avenue Sewer Replacement (OF 1112) to Neil Consultants, Inc., and authorize the City Manager to execute the contract.

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

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

Bid award to Midwest Folding Products in the amount of $84,140 for 2000 stacking chairs for the Four Seasons Arena.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission postpone action on the bid award until June 20, 1995.

Commissioner Gilbert stated that Staff is recommending that City Commission award the bid to the second lowest bidder because the lowest bidder did not meet specifications. Mr. Gilbert added that the specifications required a metal gang and the low bidder bid a plastic gang. The low bidder called Commissioner Gilbert and explained that a staff person recommended he submit a bid even though his product did not meet the specifications.

City Manager, John Lawton, suggested that Staff have the opportunity to research the issue and come back to the City Commission on June 20, 1995 with answers to the questions.

Motion carried 3-2 (Mayor Morris and Commissioner Everson dissenting).

City Manager, John Lawton, reported to the City Commission that Cascade County approved an agreement to take over the operation of the water dispensing stations. Staff had only a few hours to review the proposed contract and were concerned about some of the language in it. Mr. Lawton stated that the two issues were the "return statement" and an understanding of what the potential water rate would be if the City had to assume operation of the dispensing stations again.

Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission keep the water rate at its current level until June 21, 1995. If the City Commission does not have a signed agreement with Cascade County to assume operation of the water dispensing stations, then the rates will return to $.25 per 100 gallons.

Motion carried 5-0.

There being no further business to come before the Commission, the regular meeting of June 6, 1995, adjourned at 8:37 p.m.