| Regular City Commission Meeting | Mayor Bennett presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Bill Downer, Randy Gray and John Rosenbaum. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Fiscal Control, Management Information Services, Park & Recreation, Acting Director of the Fairgrounds, Planning, Fire Chief, Acting Police Chief, and the City Clerk.
PROCLAMATIONS: Mayor Bennett presented a proclamation of commendation of congratulations to the Malmstrom Air Force Base High Plains Warriors recognizing their achievement for winning the Blanchard Trophy. Mayor Bennett also declared the week of June 21 - 27, 1998, as Amateur Radio Week; the week of July 1 - 5, 1998, as Lewis & Clark Festival Days; and the month of July, 1998, as Park and Recreation Month.
PUBLIC HEARINGS |
|
Ord. 2739, Parade Policy. Postponed until July 21, 1998. |
1.
ORDINANCE 2739, PARADE POLICY.
The purpose of the ordinance is to create a City policy governing and controlling street closures for parades, processions, fun runs, and other special events; provide for the public and participants' conduct during such events; establishing parade routes; and defining the application process. In addition, the ordinance mediates a risk management program for such events which will set guidelines and requirements for both the public and the participants to create a safe, enjoyable event for everyone involved. At the public hearing held June 2, 1998, several people spoke in opposition to Ordinance 2739. The City Commission moved to continue the public hearing for two weeks in order for Staff to meet with those people opposing the Ordinance. Staff requested the City Commission postpone action on the ordinance because they needed additional time to meet with people who spoke in opposition. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission postpone action on Ordinance 2739, establishing a policy governing parades, processions and fun runs, until the July 21, 1998, Commission meeting. Motion carried 5-0. |
Ord. 2742, Emergency Ordinance Creating OCCGF 12.14.040. Adopted. |
1A.
ORDINANCE 2742, EMERGENCY ORDINANCE CREATING OCCGF 12.14.040 - PUBLIC CONDUCT DURING PARADES, PROCESSIONS AND FUN RUNS.
During a public hearing held June 2, 1998, on the proposed Ordinance 2739, "Parades, Processions and Fun Runs," suggested changes were made by several citizens. The City Commission, in their motion, directed Staff to work with community members and submit an amended version of the ordinance. There was one issue, however, the City Commission deemed to be important to have in place by the annual 4th of July parade. That issue pertained to the throwing of candy from floats. The City Commission determined that this was a public safety issue and requested Staff prepare an emergency ordinance specifically addressing the candy throwing issue. Ordinance 2742 was presented as an emergency ordinance which would prohibit the throwing of candy from any float participating in a parade. The ordinance would become effective immediately and stay in effect for 90 days. This would give Staff the necessary time to prepare amendments to Ordinance 2739 and submit it for final action. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2742. Mayor Bennett closed the public hearing. Commissioner Gray moved, seconded by Commissioners Beecher and Downer, that the City Commission adopt Ordinance 2742. Motion carried 5-0. |
Ord. 2740, Central Place Revitalization Plan Amendment. Adopted. |
2.
ORDINANCE 2740, AMENDING 17.90.070, 17.90.090, 17.90.100 AND 17.90.110, PERTAINING TO THE AMENDMENT PROCEDURE FOR R-E; SOUTHSIDE R-2, R-3, R-4; NONCONFORMING USE EXPANSION; AND PLAN AMENDMENT OF THE GREAT FALLS REVITALIZATION PLAN.
Mr. and Mrs. Geranios took action under OCCGF 17.90.070, to change the revitalization area zoning on Lots 1-3, Block 248, GF Townsite, from R-2 to R-4 to allow the construction of a twelve-unit apartment building. Having failed to successfully complete the petition and consent procedure, Mr. Geranios' attorney challenged the process on grounds it is an unconstitutional delegation of legislative authority citing Shannon vs. Forsyth, decided by the Montana Supreme Court in 1983. Bob Horne, City/County Planning Director, explained it was generally considered good practice in rezoning iusses to include criteria, standards, or tests that must be met before an adopted plan can be amended, zoning changed, or a special permit granted. These tests should be in ordinance language applicable tests are set forth in state statutes. The current ordinance does not have standards by which to judge a proposed amendment to the Central Place Revitalization Plan. Another issue is allowing property owners within a certain distance of a subject property to approve or disapprove a development application of any kind. When an application is heard by the Planning Board or City Commission, the members of the Board have full knowledge of the application, amendment procedures, and community-wide development objectives. They have a report prepared by professional staff, and they entertain presentations by the Staff and applicant during the course of their public hearings. They can have an attorney present to advise them on matters such as conflicts of interest or due process. A property owner, when presented with a petition, has no such information upon which to base his decision. City Attorney, Dave Gliko, stated he was concerned with the legal precedent set forth in the Forsyth Case. He explained that there was no standard or guidelines in the current ordinance. Mr. Gliko added that there is also no appeal process available and the current procedure is merely a matter of meeting the signature percentage. He concluded that the current ordinance is clearly flawed and he encouraged the City Commission to adopt Ordinance 2740. On June 9, 1998, the Great Falls City/County Planning Board held a public hearing on the proposed ordinance. After deliberation, the Board concluded that the consent procedure, however flawed it may be, should not be removed until suitable mechanisms were available to replace it. Mayor Bennett declared the public hearing open. Those speaking in opposition to Ordinance 2740 were as follows: Charles (Pete) Sherwood, 405 Park Drive, suggested that unique neighborhoods such as the one on the lower north side would disappear if the neighbors did not have a say in what types of things could be built in it. He encouraged the City Commission to keep the current ordinance in place. Beatrice Williams, 517 8th Avenue South, stated that she was concerned with the commercial infiltration into the south side area and supported the current ordinance. She added that the current process has worked for years and it will continue to work. Gorham Swanberg, 207 3rd Avenue North, stated that the current ordinance is the best thing that had happened to that area. He added that many people worked hard for the special provisions that are currently in place. These provisions help to protect a nice area of town. Mr. Swanberg, however, conceded that if the City Commission adopts Ordinance 2740, then to create another process that has just as much neighbor input. Mr. Swanberg explained that the Forsyth law that has been referred to required 100% consent by the neighbors. The Great Falls ordinance only requires 51% consent. He sugggested that the City Commission give consideration to requiring a super-majority vote based on the number of protests received. Dona Stebbins, 811 8th Avenue North, stated she has worked hard for a positive change in that neighborhood. She suggested that the current ordinance may need some work, however, it should not hastily be changed due to fear of litigation. Wade Jones, 313 2nd Street North, stated that it is nice to have a say in what happens in your neighborhood. Bob McLellan, 317 3rd Avenue North, concurred with the previous speakers. He suggested that the Commission amend the current ordinance rather than repeal it. Nancy O'Brien, Neighborhood Housing Services, stated that the major concern with repealing this ordinance is zoning in the area. She explained that spot zoning was a problem in the area and it has taken many years to improve the area. She added that the consent process gave neighbors control over what happened in their neighborhoods which has made a positive impact. Jack Manning, 211 3rd Avenue North, urged the City Commission to vote against the ordinance or to postpone action on it until alternative methods could be developed. He suggested that the City Commission could amend the current ordinance rather than repeal it. He added that there was strong evidence that the Forsyth case does not even apply to Great Falls. Dee McLellan, 317 3rd Avenue North, asked the Commission to remember the democratic process and not to take it away from the neighborhoods. There being no one further speaking in opposition to the proposed ordinance, Mayor Bennett asked those wishing to speak in support of the ordinance to come forward. Mark Schonrock, 3401 Antelope Lane, reminded the City Commission that originally Mr. Geranios received 64% approval from the neighbors for the project. Nick Geranios, 116 3rd Avenue North, reviewed the process he went through in order to change the property from R-2 to R-4 density. He admitted that repealing the ordinance could cause some problems. However, there are already problems in the current ordinance. Mr. Geranios asked the Commission not to let a neighborhood cast judgement on a project. He stated he was not trying to destroy the neighborhood, he is trying to be a part of it. He urged the City Commission to repeal the ordinance because it was unconstitutional. Bob Emmons, 103 3rd Avenue North, explained that what is before the City Commission was an unconstitutional ordinance and he urged the City Commission to repeal it. Osha Lindveil, 2101 11th Street SW, stated that she did not want the City to spend money in court defending an ordinance that could be unconstituional when they had the opportunity to repeal it. She encouraged the City Commission to repeal the ordinance and spend the money on parks and public safety. There being no one further to address the City Commission, Mayor Bennett closed the public hearing. For purposes of discussion, Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission adopt Ordinance 2740. Commissioner Gray disclosed that Mr. Swanberg is a partner in the same law firm that he is. However, he did not find that there was a conflict of interest if he voted on this issue. Commissioner Rosenbaum stated that he was sensitive to taxpayers about spending money defending an ordinance that may be unconstitutional. He said that the statute that would replace the current process would make it harder, not easier, for people to rezone their property. Commissioner Downer stated that the Commission needed to fix a flawed ordinance. He explained that the City Commission was not currently involved in these density change decisions and that they should be. Commissioner Gray stated that the City Commission needed to listen to the City Attorney. He added that in reading the Forsyth case himself, it appeared that ordinance was unconstitutional. He stated that the City Commission and the City Staff will take into consideration all the comments made at this public hearing. He added that the Commission had no choice but to repeal the current ordinance. Motion carried 5-0. Mayor Bennett recessed the meeting for 10 minutes. |
Res. 8941, Intent to Budget an Increase in Revenue for FY 1998/99. |
3.
RESOLUTION 8941, INTENT TO BUDGET AN INCREASE IN REVENUE FROM PROPERTY TAXATION.
In accordance with MCA 15-10-203 and 7-1-4128, the City Commission specially published notices of intention to budget an increase in property tax revenue. Even though the City Commission did not intend to increase its mill levy, there was a potential for $70,060 of additional budgeted tax levy revenue due to construction, improvements and other property valuation increases. Budget/MIS Director, Tim Magee, over viewed Resolutions 8941 and 8942. Mayor Bennett declared the public hearing open. Herb Sobeczek, 121 11th Street, questioned City staff regarding the use of City vehicles, specifically, the use of fire apparatus when firefighters were doing safety inspections. He suggested that there was some fat in the budget and that the City Commission should not adopt it. Tony Pietrykowski, 2311 4th Avenue North, stated he was concerned about the water and sewer rates. There being no one further to address the City Commission, Mayor Bennett declared the public hearing closed. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8941. Motion carried 5-0. |
Res. 8942, FY 1998/99 Budget. Adopted. |
4.
RESOLUTION 8942, FINAL BUDGET ADOPTION.
In accordance with State statutes, the City Commission completed its preliminary budget for the upcoming fiscal year; placed the budget on file, open to public inspection, and published notices of the preliminary budget hearing. Mayor Bennett declared the public hearing open. No one spoke in support of or opposition to Resolution 8942. Mayor Bennett closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Gray, that the City Commission adopt Resolution 8942. Commissioner Gray stated that he was satisfied that after 24 hours of budget work sessions, there was no fat in the budget. He stated that the budget process was well conceived and well executed. Commissioner Beecher concurred with Commissioner Gray's comments. He added that we have an efficient, lean government. Motion carried 5-0. |
Res. 8945, Tax Benefit for Industrial Expansion. Central Express Photo. |
5.
RESOLUTION 8945, TAX BENEFIT FOR INDUSTRIAL EXPANSION, CENTRAL EXPRESS PHOTO, RIVERIVEW TRACTS LOTS 2, 3A, 4A, 5, 5A, 6A, 6B, 7A, 8A, AND 9A.
Tax benefits permitted by MCA 15-24-1402 allow for new and expanding industries' improvements to be taxed at 50% of their taxable value for the first five years after a construction permit was issued or following the purchase of equipment and would facilitate the modernization of the industry. The taxes would be increased with graduated annual increases after the first year until 100% of the new taxable value was attained in the tenth year. Approval of such tax benefits was subject to the approval by resolution after conducting a public hearing and providing proper public notice of the hearing to both the general public and other taxing entities. Mayor Bennett declared the public hearing open. Gwen Anderson, owner of Central Express Photo, stated she was available to answer any questions the City Commission might have. There being no one further to address the City Commission, Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8945. Motion carried 5-0. |
OLD BUSINESS |
|
NEW BUSINESS |
|
ORDINANCES/RESOLUTIONS |
|
Res. 8950, Final Plat, Annexation, Annexation Agreement, Easement, for Skyline Heights Add, 1st Supp. Adopted. |
6.
RESOLUTION 8950, FINAL PLAT, ANNEXATION AGREEMENT AND EASEMENT FOR FIRST SUPPLEMENT TO SKYLINE HEIGHTS ADDITION.
The final plat of First Supplement to Skyline Heights Addition consists of 10 single family residential lots located east of 9th Street NE along the easterly extension of 34th Avenue NE. Resolution 8950 annexes the addition into the City and the accompanying agreement outlines the terms and conditions of annexation and plat approval. The easement was intended to accommodate a future storm sewer main between the easterly extension of Skyline Drive and the north boundary of the City Public Works Complex. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve 1) annexation Resolution 8950; 2) the final plat of First Supplement to Skyline Heights Addition; 3) the accompanying Annexation Agreement; and ) easement. Motion carried 5-0. |
Res. 8962, Relating to American Ethanol Tax Increment Industrial Infrastructure District. Adopted. |
6A.
RESOLUTION 8962, RELATING TO AMERICAN ETHANOL TAX INCREMENT INDUSTRIAL INFRASTRUCTURE DISTRICT; AUTHORIZING REVISIONS TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION MANAGEMENT AGREEMENT TO PROVIDE FOR GUARANTEE OF CONSTRUCTION OF IMPROVEMENTS BY RAYTHEON INFRASTRUCTURE SERVICES INCORPORATED; REVISING THE COST ESTIMATES OF THE SITE DEVELOPMENT AND INFRASTRUCTURE IMPROVEMENTS; AUTHORIZING AN INCREASE IN THE AMOUNT OF TAX INCREMENT BONDS TO BE ISSUED FOR THE AMERICAN AGRI-TECHNOLOGY OF MONTANA PROJECT; AND DECLARING THE CITY'S COMMITMENT TO PROVIDE FUNDING FOR CERTAIN WATER IMPROVEMENTS RELATING TO THE PROJECT WHICH ARE ESTIMATED NOT TO EXCEED $1,209,000.
Items related to the tax increment funded portion of the American Agri-Technology of Montana's ethanol plant construction were requested to be approved by the City Commission. Staff requested that:
City Manager, John Lawton, and City Controller, Coleen Balzarini, made brief presentations regarding this issue. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8962. Mayor Bennett asked if there was anyone in the audience wishing to address the City Commission on this issue. There being no one to address the Commission, Mayor Bennett asked for discussion among the Commission. Commissioner Gray stated that this was not a general obligation issue and after 12 years, the increment goes back to the taxing jurisdictions. He explained that tax increment financing is the only major tool available for financing infrastructure such as this. Mayor Bennett called for the vote. Motion carried 5-0. |
Consent Agenda |
CONSENT AGENDA
7.
Minutes, June 2, 1998, regular Commission meeting.
8.
Claims over $500.
9.
10.
Storm Drain Agreement, 10th Avenue South, 20th Street to Warden Bridge (OF 976). Agreement between the State of Montana Department of Transportation and the City outlining funding obligations, storm drain improvements, and establishing the City as the agency responsible for operation and maintenance of improvements.
11.
Utility Agreement, 10th Avenue South, 20th Street to Warden Bridge (OF 976). Agreement between the State of Montana Department of Transportation and the City outlining funding obligations, water and sanitary sewer improvements, inspection and surveying responsibilities, contractor non-discrimination provisions, project cost records review, plans and specifications review, and establishing the City as the agency responsible for operation and maintenance of improvements.
12.
Easement, River's Edge Trail (OF 1006). Easement from Montana Refining Company for construction of a new segment of the Trail located between the 9th Street North Bridge and the City Wastewater Treatment Plant.
13.
Postpone Bid Award, Above Ground Hoist. Postpone bid award until July 21, 1998 to allow additional time for information to be obtained.
14.
Emergency Bid Award, Storm Drain Relocation BN Railroad Bridge (OF 1221). Award bid to United Materials of Great Falls, in the amount of $28,640 for relocation of a storm drain located near 9th Avenue North and 32nd Street.
15.
Contract Award, Ulm-Pishkun Roadway Improvements/Millings, Bid Schedule I (OF 1213). Award bid to United Materials of Great Falls, in the amount of $188,420 for placement of millings and chip seal to complete roadway improvements.
16.
Change Order No. 1, Ulm-Pishkun (OF 1213). Increases the contract $5,750 for additional fill dirt and two concrete connections and culverts.
17.
Set public hearing for July 21, 1998, Resolution 8949, Nuisance Abatement, 1418 8th Avenue NW.
18.
Declare Surplus Property. Declares certain property in the City surplus in order for it to be sold at the annual City auction.
Commissioner Downer moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed. Doug Wicks provided an update regarding the Rivers' Edge Trail easement through the Montana Refining property. Jim Rearden, Public Works Director, reviewed the action requested regarding the Ulm-Pishkun project. Motion carried 5-0. |
BOARDS/COMMISSIONS |
|
Business Improvement District. Reappoint Dudra. |
19.
APPOINTMENT, BUSINESS IMPROVEMENT DISTRICT.
Mr. Dudra's term on the Business Improvement District expires June 30, 1998. He was interested in and eligible to serve a two year term. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission reappoint Walter Dudra to the Business Improvement District to serve a two year term beginning July 1, 1998, and expiring June 30, 2000. Motion carried 5-0. |
Civic Center Advisory Board. Appoint DeLisle and Weeder. |
20.
APPOINTMENTS, CIVIC CENTER ADVISORY BOARD.
Ms. Byrne and Ms. Demarest submitted their resignation effective immediately, therefore, it was necessary for the City Commission to make appointments to this board. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission appoint Hayes DeLisle to the Civic Center Advisory Board to fill the remainder of Marlene Byrne's term, beginning June 16, 1998, and expiring December 31, 1998; and appoint Lucy Weeder to fill the remainder of Roberta Demarest's term, beginning June 16, 1998, and expiring December 31, 2000. Motion carried 5-0. |
Library Board. Appoint Ostrem. |
21.
APPOINTMENT, LIBRARY BOARD.
Nora Flaherty-Gray's term on the Library Board expires effective June 30, 1998, therefore it was necessary to make an appointment to the board. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Suzanne Ostrem to the Library Board to fill a five year term, beginning July 1, 1998 and expiring June 30, 2003. Motion carried 5-0. |
State Fair Advisory Board. Appoint Ramsey, Veitch, and reppoint Palagi. |
22.
APPOINTMENTS, STATE FAIR ADVISORY BOARD.
Terms for Shelley Lighter and Barbara Kjelsrud expire June 30, 1998. Both Ms. Lighter and Ms. Kjelsrud had served two three-year terms and were not eligible for reappointment under the established appointment policy. Therefore, it was necessary to make appointments to this Board. Mr. Palagi served one three-year term, and was interested in and eligible for reappointment. Commissioner Gray moved, seconded by Commissioner Beecher, that the City Commission appoint William Ramsey, Sr., and Bob Veitch, and reappoint John Palagi to the State Fair Advisory Board to serve a three-year term beginning July 1, 1998, expiring June 30, 2001. Motion carried 5-0. |
ADJOURNMENT |
|
Adjourn |
There being no further business to come before the Commission, the regular meeting of June 16, 1998, adjourned at 9:50 p.m. |
/S/
Mayor Joan Bennett
/S/
Peggy J. Bourne, City Clerk