| 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, Planning, Fire Chief, Police Chief, Personnel, Library, Acting Directors of Public Works and Fairgrounds, and the City Clerk.
INTRODUCTION: Fire Chief Hirose introduced six newly hired firefighters to the City Commission.
The Montana Department of Transportation requested to purchase eight parcels of City owned land and park land (Elk's-Riverside Park) for use as roadway right-of-way for the River Drive Project. A value of $.42 per square foot, based on a recent comparable sale of former railroad right-of-way to Farmers Union Insurance was placed on the parcels. A value of $.30 to $.35 per square foot was placed on the park land.
Based on an independent appraisal conducted by the Montana Department of Transportation, the State offered $1.00 per square foot for seven parcels and $.65 per square foot for the eighth parcel. The total purchase offer for all eight parcels was $170,835.
In order to facilitate acquisition of right-of-way for the 9th - 10th Street North Connector Bridge, the State requested in mid-1994 to purchase from the City parcel No. 8. The State would in turn trade it to Falls Construction Company for a parcel the State needed at the south end of the new bridge.
Staff proposed that the proceeds from the sale of park land ($43,000) and former Milwaukee Railroad right-of-way ($58,965) be placed in the Park Trust Fund for future improvements and that proceeds from the sale of former BN Railroad right-of-way ($68,870) be placed in the River's Edge Trail Trust Fund for continued development and enhancement of the trail. Proceeds from the permits and access control would also be placed in these trust funds in the amounts of $27,168.50 and $10,792 respectively.
Mayor Morris declared the public hearing open. Those speaking to the proposed land sale were as follows: Harry Mitchell, spoke to the process involved regarding the public hearing process for the proposed roadway project. Mr. Mitchell agreed that River Drive needs improvement, however, he criticized the process used to inform the public.
Carol Bronson, member of the Historic Preservation Committee, read a letter from Ellen Seivert. Ms. Seivert, in her letter, stated that the proposed land sale appeared to be a A "done deal." Additionally, Ms. Seivert requested that the City Commission consider zoning plans and to prohibit River Drive from developing the way Smelter Avenue developed.
Delbert Henry, 1000 River Drive North, owner of Missouri River Inn Cafe, asked several questions regarding the proposed roadway and regarding the proposed water line replacement that serves Falls Construction. Ben Rangel, City/County Planning, stated that the water line to be replaced is currently a private water line to Falls Construction. He added that it is City policy to update the necessary infrastructure during roadway improvement projects to avoid having to tear up a newly paved road. Further, that the State Department of Transportation requires a 20 year guarantee of the utility infrastructure prior to reconstructing any State roadway.
Lauran Dundee, Stockett, Montana, stated she overheard a conversation between employees of the Montana Department of Transportation and Mr. Dan Heustis. She added that they were discussing the design of the project in a private setting rather than a public setting. She suggested that the public interest be kept above anything and that a public hearing be genuine.
George Engler, 2412 5th Avenue South, spoke on behalf of the Audubon Society. Mr. Engler suggested that the minimum publication requirements for public hearings, as outlined by State law, are not enough to inform the public. Mr. Engler opposed the commercial use of the roadway.
Clayton Braden, 2708 4th Avenue NW, stated he supports the widening and improving of River Drive. He added that this proposed roadway improvement will assist Great Falls in being a stop on the Rocky Mountain Corridor.
Arlyne Reichert, representative of the "Save the Bridge Committee" asked that the City not allow River Drive to be rebuilt into another "10th Avenue South." She stated that her understanding of the proposed roadway would be a five lane truck route. She also suggested that the City use a better means of communicating public hearings. Currently, a notice of all public hearings are placed in the legal ads section of the Great Falls Tribune. Ms. Reichert complimented the City on the proposed usage of the proceeds from the land sale.
Cindy Kittridge, City/County Historical Preservation Officer, stated that the Missouri River offers an historic landscape for the City of Great Falls. She cautioned the City Commission regarding proposed uses of the Missouri River bank. She also suggested that the City Commission use care when choosing zoning and usage classifications.
Doug Wicks, 2127 4th Avenue South, stated that the proposed roadway will improve the landscaping and help with the continued development of River's Edge Trail. He added that this land sale is a win-win situation.
Terry Pehan, President of the Great Falls Area Chamber of Commerce, reminded the City Commission that economic development has many choices. With managed control of growth, personal issues will develop from time to time. However, it is important to keep economic development at the forefront.
Bill Fenton, 600 17th Avenue South #35, stated he was opposed to the proposed sale of land.
Paul Stevens, 800 2nd Avenue South, stated that the proposed roadway improvements are good. He stated that the issue of saving the bridge is confusing this public hearing. He requested that the City Commission support preserving the old bridge.
There being no one further to address the City Commission, Mayor Morris closed the public hearing.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission approve the sale of portions of former railroad rights-of-way and park land to the Montana Department of Transportation for the River Drive (9th - 15th Streets) Project with the proceeds to go to the Park and River's Edge Trail Trust Funds and authorize the City Manager to execute the necessary documents.
Commissioner Gilbert stated that recently the City Commission and City staff have been accused of holding secret meetings in order for this proposed land sale to be completed. He stated that the City Commission and City Staff complied with the spirit and intent of the law. He rebutted several comments made during the public hearing. Currently, River Drive is commercial and that the issue before the City Commission is to sell eight parcels of land in order to help realign the proposed roadway. He stated that this public hearing is on that sale, not on the proposed roadway design or zoning. He asked that the audience keep focused on what the issue really is.
Commissioner Everson reminded everyone that there are two separate issues. The first is saving the old bridge and the second is the sale of some land. She stated that the Commission was here to discuss and decide on the second issue. Ms. Everson stated that throughout the public hearing she heard that the "process for public hearings is flawed." She suggested that if it is flawed, it is flawed on the part of the public. She added, however, that the City can keep trying to get better press coverage on issues. Ms. Everson continued stating that the "s" curve currently there, is very dangerous and the City Commission must look at the public safety factor for the entire community.
Commissioner Bennett stated that the most important issue before the City Commission was to consider public safety and the realignment of River Drive will make it a safer roadway. She also reminded the audience that this was not the venue to discuss zoning issues.
Commissioner Deming stated that currently this roadway is dangerous and is a major safety issue. Mr. Deming provided a chronological list of events regarding this issue and the many times it has been brought before the City Commission in a public forum.
There being no further discussion, Mayor Morris called for the vote. Motion carried 5-0.
Mayor Morris called a recess at 8:30 p.m. At 8:36 p.m. Mayor Morris reconvened the regular City Commission meeting.
The Business Improvement District asked the City to assist in resolving the blighted condition of Lots 1 and 2, Block 363, GF Townsite, addressed as 500 Central Avenue. The City Commission was asked to take ownership of the property from Cascade County after paying the back taxes owed to the County in the amount of $13,311.64. The Business Improvement District proposed to pay the back taxes and commit to demolish the structure. The City was further asked to develop and maintain a public plaza on the property for the enjoyment of downtown residents, shoppers and employees.
Mayor Morris stated that the City Commission revised the agenda format to allow citizens to speak on each issue prior to Commission discussion.
Cindy Kittridge, Historic Preservation Officer, stated that the City needs to plan on how to use its historic resources. She stated that it would be a shame to waste a resource such as the Woolworth Building.
Paul Stevens, 800 2nd Avenue North, suggested that the Woolworth Building be converted to low-income housing. Commissioner Everson stated that the City Commission has a goal to explore the use of second floors of the buildings downtown for subsidized housing.
Guy Fosse, owner of the Woolworth's Building, asked that if the building is taken for back taxes, who would be responsible for the sidewalk assessment? He encouraged the City Commission to postpone any action until the County Commission meets on August 21, 1995.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission request Cascade County to take action against Lots 1 and 2, Block 363, GF Townsite for non-payment of taxes. The City will take ownership pursuant to MCA 15-17-317, if necessary.
Commissioner Gilbert stated that the Business Improvement District has funds available. Their original plan was to demolish the building, however, other options can be considered. Mr. Gilbert reminded the audience that the two previous owners of the building have not paid any taxes on it and that he finds it offensible that some people get City services without paying their taxes.
Commissioner Bennett stated that the City Commission has talked about the necessity of exploring all possibilities for the building.
Motion carried 5-0.
In order to provide for the necessary assessment support, State law requires City Commission hearings and passage of authorizing resolutions. Staff recommended the Portage Meadows area assessment for FY 1995/96 remain the same as the previous fiscal year after further analysis of costs following the August 1, 1995 Commission meeting. The result of the assessment is $81.15 for an average lot of 7500 square feet.
Mayor Morris requested the Park and Recreation Director, Jerry Sepich, to report to the City Commission on the findings regarding the assessment expenditures in previous years.
Mr. Sepich reported that the Portage Meadows Maintenance District is accounted for within the Boulevard District Fund. However, the maintenance services are performed by the Park division. For a number of years, some of the Portage Meadows costs have been charged to the General Fund as Park division costs. Since periodic adjustments have not been made to reflect these costs, the Portage Meadows accounting records have not been properly charged for costs incurred resulting in a cash balance in the Boulevard District Fund.
Mr. Sepich provided a detailed summary of the accounting since FY 1991/92. He added that the documentation shows that the cost of service to Portage Meadows has exceeded the assessments and appropriations every year except FY 1993/94. Mr. Sepich stated that these figures will be subject to an independent audit in the very near future.
Mayor Morris asked Mr. Sepich to report on the maintenance issues for Portage Meadows. Mr. Sepich stated that the biggest issue is the way the green belt area was developed. He explained that some areas require extensive watering and some areas do not require any watering at all. He added that the system in place is set up for equal watering for the entire green belt. However, what occurs is that some areas become swamp like and others burn up. He added that each person living in the area differs, as well, in what they maintain. For example, some of the residents mow a good part of the green belt area adjacent to their property and others do not.
Mayor Morris opened up the floor for public comment.
Clayton Braden, 2708 4th Avenue NW, asked why some of the figures quoted by Mr. Sepich tonight differed from those quoted in the previous meeting by Mr. Leggate. Mr. Magee, Finance Director, responded. Mr. Braden stated that he would like to hear the tape of the previous meeting in order to confirm the data.
Mayor Morris asked Mr. Leggate if he was satisfied with the information provided by Staff. Mr. Leggate stated he was. However, he would be more confident once the figures have been audited. Mr. Leggate stated that it is important for the City and the residents of Portage Meadows to be good neighbors. He suggested that the City do some trimming and edging in the green belt area; to fix sprinkler heads when they are broken; to finish the black top area where a water main had been repaired. He suggested that the park people should be aware and report any damage they notice to whoever needs to repair it.
Commissioner Everson moved, seconded by Commissioners Bennett and Deming, that the City Commission adopt Resolution 8741.
Commissioner Gilbert stated an audit cannot "catch" everything which is why this situation has gone as long as it has. However, this fund will be audited and measures will be put into place so it cannot happen again.
Commissioner Everson stated that Staff had originally proposed an increase in the assessment. However, the City Commission requested that the assessment be brought back to the level as in the previous year.
Motion carried 5-0.
The City's manual loan tracking system and in-house programmed assessment software are both prohibitively inefficient. The Loan and Tax/Assessment software was appropriated in FY 1995/96 Budget.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission approve the purchase contract to HTE in the amount of $46,220.
Motion carried 5-0.
If approved on final reading, Ordinance 2693 would rezone the south 130 feet of Lots 12, 13 and all of Lots 14 and 15 of Block 504, GF Townsite, addressed as 100 Commercial Avenue and located within the Great Falls Central Place Revitalization Plan Area, from its present (B-2) Medium Density Business classification to (B-4) Heavy Commercial Business classification.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept Ordinance 2693 on first reading and set 7:00 p.m., Tuesday, September 5, 1995, as the public hearing and final reading date.
Motion carried 5-0.
Ron Ouellett, owner of the property at 3212 3rd Avenue North, requested a variance to reduce the required front yard for this property from 21 feet to 7 feet. The request was to allow a 4 foot addition to the front of the kitchen area.
The Board of Adjustment voted 2 - 2 on the motion to recommend denial of this request. The City Attorney advised Staff that the Board of Adjustment must have a majority vote before it can make a recommendation of approval of any variance. Since the majority vote was not obtain regarding this variance, the Board must recommend to deny this variance.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission overrule the Board of Adjustment's recommendation to deny this variance, and hereby grant the variance request.
Motion carried 5-0.
First Congregational Church and United Methodist Church, owners of property located at 2900 9th Avenue South, requested a variance to allow the placement of a 130 square foot monument sign.
The Board of Adjustment voted to recommend that this request be granted with the condition that the existing monument sign be removed.
Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission overrule the Board of Adjustment's stipulation that the old sign be removed from the property. The variance is hereby granted without any stipulations.
Commissioner Gilbert stated that he supported the variance. However, he would like to see the old sign removed.
Motion carried 4-1 (Commissioner Gilbert dissenting).
Commissioner Bennett moved, seconded by Commissioner Deming, that the Consent Agenda be accepted as printed.
Commissioner Gilbert stated that on the Claims over $500 the $1050 claim to Smith Equipment- Madden Division for a concrete saw was originally under "Tax Increment" and has been moved to the "Street Fund."
Motion carried 5-0.
The terms of the proposed agreement extend from July 1, 1995 through June 30, 1996. The economic impact is 2%. The 2% will be distributed as follows: 12 on base wages, and 2% to purchase the increase in the health insurance premiums.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission approve the Labor Agreement between the City of Great Falls and the International Association of Fire Fighters, Local #8 and authorize the City Manager to execute said Labor Agreement.
Motion carried 5-0.
There being no further business to come before the City Commission, the regular meeting of August 15, 1995, adjourned at 9:25 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk