| Regular City Commission Meeting | Mayor Bennett presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Randy Gray and John Rosenbaum. Commissioner Downer was excused. Others present were the City Manager, City Attorney, Directors of Community Development, Library, Park & Recreation, Planning, Acting Directors of the Fairgrounds and Public Works, Acting Fire Chief, Police Chief, and the City Clerk.
PROCLAMATIONS: Mayor Bennett declared the month of October as National Breast Cancer Awareness Month. She also read a proclamation of appreciation for the Y’s Men’s club who made a substantial donation for the River’s Edge Trail.
SWEARING IN: Mayor Bennett swore in Ron Staley as a Neighborhood Council #2 member.
PUBLIC HEARINGS |
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Ord. 2746, Rezone GF Townsite, B248, L5. Denied. |
1.
ORDINANCE 2746, TO REZONE LOT 5, BLOCK 248, GF TOWNSITE.
Peter Schultz petitioned to rezone GF Townsite, Block 248, Lot 5, from Residential Existing (R-E) District to Residential-Office (R-O) District. The property is occupied by a structure containing a single family unit on the upper two floors, two apartments in the basement and a 13 stall parking lot on the rear parcel. During the Planning Board meeting held September 8, 1998, the Planning Board recommended denial of the ordinance. City/County Planning Director, Bob Horne, explained that this was a request for a plan amendment and a zone change. He added that the City Commission could approve, deny or modify the zone change. He explained that in order to modify the ordinance, Staff recommended the City Commission incorporate the following four conditions into the motion: the use of the structure would be limited to residential and/or office; the maximum number of dwelling units shall be five; the maximum amount of floor space that could be used for office is 2400 square feet; and only those types of office uses that were unobtrusive and were demonstrated to be low traffic generators would be permitted. Mayor Bennett declared the public hearing open. Those speaking in support of the Ordinance were as follows: Pete Schultz, 1101 El Paso, reviewed the written materials provided by the City/County Planning Board and Staff. He stated that the rezone request should be supported because the neighbors did not respond to the notice which could indicate support of the project. He added that properly conditioned, this ordinance was not a spot zone and that it would meet the intent of the Revitalization Plan. He added that this would be good for the neighborhood. Charles Wetzel, 1027 3rd Avenue NW, suggested that the people who opposed this request were against everything. He stated that "if the Commission didn't stand for something, then they'd fall for everything." He added that if the Commission would vote to deny the ordinance request, the Commission would be interfering with the corporate process. Those speaking in opposition to Ordinance 2746 were as follows: Dona Stebbins, Neighborhood Council 7 chairperson, stated that the Neighborhood Council passed a resolution to oppose the spot zoning in general and this rezoning in particular. She explained that the Council was interested in building the neighborhood and this ordinance would be detrimental to their efforts. Gorham Swanberg, 207 3rd Avenue North, stated that he has seen new construction in the neighborhood and the neighborhood was improving. He added that this ordinance, if adopted, would set a precedent that could allow an intrusion of businesses into the neighborhood. He stated that there were many vacant office spaces nearby and there was no need to rezone a residential property to allow for more offices. Chris Larson, 225 3rd Avenue North, stated that this was a classic case of spot zoning. He added that if the Commission approved this rezoning request, it would be a step backwards in the revitalization of the area. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission deny Ordinance 2746. Commissioner Gray stated he would abstain due to a perceived conflict of interest. Commissioner Rosenbaum asked Mr. Schultz if he would accept the four conditions if the Commission would modify the request. Mr. Schultz stated he would prefer that there were no conditions. However, he would be willing to work with Staff to reach a compromise if he had to. Commissioner Beecher stated he could sympathize with Mr. Schultz. However, he added that the reason he would support denying the request is because Mr. Schultz purchased and improved the property knowing what it was zoned as. He also stated, that he concurred with Staff's comment in their report that there were many other ways Mr. Schultz could work with potential buyers without rezoning the property. Commissioner Rosenbaum suggested that the City Commission postpone action on the Ordinance in order for the neighborhood to consider a modified version of the request. Mayor Bennett stated that she did not support the rezone request because of its potential impact on the Revitalization Plan. Motion carried 3-0-1. (Commissioner Gray abstaining). |
OLD BUSINESS |
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NEW BUSINESS |
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R.O. Speck Golf Course Master Plan. Approved. |
2.
R.O. SPECK GOLF COURSE MASTER PLAN (OF 906.2).
Golf Design Services completed the R.O. Speck Master Plan. Since the City planned to renovate the irrigation system, it was necessary to develop a master plan prior to the irrigation design. In developing the plan, consideration was given to a new driving range location, course safety, water storage, course playing strategy, new greens, and the addition of bunkers, tees, and hazards. Steve Hackman, Golf Course Superintendent, reviewed process used to develop the proposed Master Plan. Consultants from Golf Design Services over viewed the Master Plan. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the R.O. Speck Master Plan. Motion carried 4-0. |
R.O. Speck Irrigation (906.3). Approved. |
3.
R.O. SPECK IRRIGATION (OF 906.3).
In 1997, Staff received 3 proposals for an irrigation system analysis and design for the R.O. Speck Golf Course. The firm of Carl Thuesen, ASLA, was selected and performed the system analysis phase in the fall of 1997. The R.O. Speck irrigation process was ready for the design phase which would provide a work plan for the installation of the new irrigation system. Steve Hackman, Golf Superintendent, over viewed the proposed contract. Commissioner Gray moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the contract for professional services to Carl Thuesen, ASLA, in the amount of $29,340 for the R.O. Speck Irrigation Project, OF 906.3. Motion carried 4-0. |
ORDINANCES/RESOLUTIONS |
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Res. 8980, High Plains Development and Port Authority Montana Certified Community. Adopted. |
4.
RESOLUTION 8980, HIGH PLAINS DEVELOPMENT AND PORT AUTHORITY - MONTANA CERTIFIED COMMUNITIES RESOLUTION.
Resolution 8980 formally endorses High Plains Development and Port Authority as the Certified Community lead organization for Great Falls, which had been designated as a Montana Certified Community. The certification requirements are established by the Montana Certified Community Program in exchange for preferential information, referrals and other incentives from the Montana Department of Commerce. High Plains has had this designation since 1990. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8980. Commissioner Gray requested that Tim Ryan, Executive Director for High Plains, explain what preferential information is provided in exchange for this certification. Mr. Ryan explained that the community needed to have the certification in order to receive copies of referrals from the State. Motion carried 4-0. |
Res. 8981, Amending the Lewis & Clark Bicentennial Commission. Adopted. |
4A.
RESOLUTION 8981, A RESOLUTION AMENDING RESOLUTION 8892 BY ESTABLISHING A LEWIS & CLARK BICENTENNIAL COMMISSION FOR THE GREAT FALLS AREA.
In 1997, the City Commission created the Lewis & Clark Bicentennial Commission for the City of Great Falls. The Commission was now ready to appoint and activate that Commission. However, before making the appointments, it was necessary to broaden the representation of the Lewis & Clark Bicentennial Commission to include a wider community. Resolution 8981 amends the original creation Resolution to broaden the representation. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission adopt Resolution 8981. Motion carried 4-0. |
Consent Agenda |
CONSENT AGENDA
5.
Minutes, September 15, 1998, Commission meeting.
6.
Claims over $500.
7.
8.
9.
Amended Plat, GF 1st Addition. (Lumber Yard Supply). Amended plat consolidated numerous portions of lots, blocks and previously vacated or unused right-of-way along the south boundary of the new River Drive.
10.
Contract Award, 1998 CDBG Infrastructure Improvements (OF 1201). Awarded contract to United Materials in the amount of $365,468.
11.
Agreement, Street Improvements to 46th Street North from 2nd Avenue North to 4th Alley North (OF 1217). Agreement between the City and Wadsworth Builders for installation of road base, asphalt pavement, and curb and gutter. The City's portion was $28,500.
12.
Agreement, River's Edge Trail Access to Historic 10th Street Bridge (OF 979.1). Agreement between the City and Wirth Design Associates for professional design services for public facilitation, bridge access design and construction document services in the amount of $25,550.
13.
Final Payment, 25th Street South Pavement Overlay (OF 1170.1). Final payment to United Materials and the State Miscellaneous Tax Division in the total amount of $62,492.56. Total construction cost of $277,879.88 was $78,385.12 below the original contracted amount of $356,265.
14.
Change Order 1 and Final Payment, Forest Glen, Phases 2 & 3, Water Main Replacement (OF 1190.1). Approved Change Order in the amount of $1,929 and final payment to Falls Construction and the State Miscellaneous Tax Division in the amount of $6,520.46.
15.
Contract Award, 1997 Sewer Rehabilitation Program, Phase V, Dig and Replace (OF 1174). Awarded contract to United Materials in the amount of $113,400.
16.
Postpone Bid Award, Platform Equipment Hoist. Postponed bid award in order to allow Staff additional time to review the bids.
16A.
Agreement, MDOT for Traffic Signals and Lighting for 10th Avenue South, 23rd to 49th Streets, (OF 1233). Agreement outlines the responsibility for traffic and signing-related improvements, sidewalk and street lighting maintenance and designates State jurisdiction over access control and right-of-way encroachments.
17.
Set public hearing, October 20, 1998, Resolution 8976, Cost Recovery for 916 7th Avenue North.
18.
Set public hearing, October 20, 1998, Resolution 8977, 1305 2nd Avenue NW.
19.
Set public hearing, October 20, 1998, Resolution 8978, 704½ 5th Avenue South.
20.
Set public hearing, October 20, 1998, Resolution 8979, 1611 and 1613 5th Avenue North.
Commissioner Rosenbaum moved, seconded by Commissioner Gray, that the City Commission accept the Consent Agenda as printed. Motion carried 4-0. |
BOARDS/COMMISSIONS |
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Amended Preliminary Plat, Skyline Park Addition. Approved. |
21.
AMENDED PRELIMINARY PLAT - SKYLINE PARK ADDITION.
The amended preliminary plat included the addition of 11 single family residential lots and some roadway extension to the previously approved preliminary plat of Skyline Park Addition located north of 33rd Avenue Northeast. In February and March of 1997, the Planning Board, City and County Commissions, conditionally approved the preliminary plat of Skyline Park Addition. The existing preliminary plat contained 90 single family residential lots of which 31 lots have been final platted and annexed to the City. The developer, Jim Workman, recently purchased 3.5 acres along the west side of the preliminary plat and requested to add this to the subdivision resulting in this amendment. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve: 1) the amended preliminary plat of Skyline Park Addition, subject to the fulfillment of conditions stipulated by the Planning Board; and 2) the accompanying Findings of Fact. Motion carried 4-0. |
NEIGHBORHOOD COUNCILS |
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NC #5 |
22A.
Marilyn Dehn, 1101 1st Avenue SW, welcomed Mr. Staley to the Council and thanked Jerry Sepich, Park and Recreation Director, for attending their last meeting. |
CITY MANAGER |
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GF Townsite B314 L8&9, GF Townsite B309, L10, 11, and 12, Purchase. Approved. |
23.
PURCHASE, BON PROPERTY, GF TOWNSITE, BLOCK 314, LOTS 8 & 9; AND GF TOWNSITE BLOCK 309, LOTS 10, 11 AND EAST 22' OF LOT 12.
The closing of the Bon resulted in an extremely large vacancy in the heart of downtown and created a situation where the City could either wait and see if redevelopment took place or be proactive and facilitate development. It was confirmed that there were reasonable prospects for renovating and occupying the building within a reasonable period of time. The Bon property consists of two lots (15,000 square feet) with a gross building area of 64,400 square feet above grade and 15,000 square feet of basement. The parking lot is approximately 18,300 square feet and contains 60 parking spaces leasing at 75% to 85% occupancy for $25 per month for a gross rental income of approximately $14,000 to $15,000 per year. A May 27, 1998, appraisal of the properties indicated a value of approximately $590,000 for the Bon property and $91,500 for the parking lot for a total value of $681,500. Staff completed negotiations with the owner, Federated Department Stores, for the purchase price of $200,000. Cheryl Patton, Assistant City Manager, over viewed the proposed purchase. She stated that Staff looked at what the public purpose would be if the City owned the building. Staff concluded it was important to allow the citizens of this community to have a say in the future of this important building, which is in the heart of downtown. She stated that the building needed to have the electrical, plumbing, heating and cooling systems repaired. However, it would be a good opportunity for the City. John Lawton, City Manager, stated he has heard statements such as why should the City take the building off the tax roles? And, what is the legitimate role of government in the purchase of a piece of downtown property? He stated that he would like to give the Commission some options to consider regarding the purchase of the building. He explained that objective of all the options is to return the property to the tax rolls as quickly as possible. He listed some of the options as:
Mr. Lawton explained that the City could purchase the building at a considerably lower cost than the private sector. He stated that the bottom line is that the City has an opportunity to purchase a quarter of a block of historic downtown property for just over $100,000 and it seemed to Staff that the City should be able to recover this investment easily. The real question was how to create a quality development for the building. Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission approve the purchase of the Bon property, Lots 8 and 9, Block 314, Great Falls Original Townsite, and parking lot on Lots 10, 11 and east 22' of Lot 12, Block 309, Great Falls Original Townsite, from Federated Department Stores, Inc., for a total price of $200,000 and authorize staff to execute the necessary documents. Mayor Bennett asked if there was anyone in the audience who wanted to address the Commission regarding this issue. Jerry Weissman, stated that he rehabilitated his building with his own dollars. He suggested that developers would purchase the building and that the City should not be in competition with the private industry. He questioned if public funds should be used for this type of purchase and if there was a need for more office space in the downtown area. Charles Wetzel, 1027 3rd Avenue NW, stated that he did not understand why the City would purchase a building from a business who could not give it away. He asked what else the City was going to purchase. Doug Ormseth, 3400 Coyote Lane, Executive Director for the Business Improvement District, explained that no one purchased the Johnson Hotel for $1 and wondered if the City would be able to resell the building to a developer. He requested to be a part of the team working on this project. Commissioner Gray stated that if the City purchased the property it would have some control over what type of business would ultimately occupy it. He stated that he was not in favor of the City doing development work. However, he understood the purchase of the building was a bargain and it was a good opportunity for the City to "bridge the gap." He added that he was not in favor of acquiring an inventory of assets. However, he did support the City using economic power to renovate this building and to turn it back over to the private sector. Commissioner Rosenbaum stated that he would like to see the building turned back over to the private sector as soon as possible. There being no further discussion, Mayor Bennett called for the vote. Motion carried 4-0. |
ADJOURNMENT |
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Adjourn |
There being no further business to come before the Commission, the regular meeting of October 6, 1998, adjourned at 8:58 p.m. |
/S/
Mayor Joan Bennett
/S/
Peggy J. Bourne, City Clerk