| Regular City Commission Meeting | Mayor Randy Gray presiding |
CALL TO ORDER: 7:07 PM
ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Library, Fire Chief, Park and Recreation, Public Works, Planning, State Fair, Budget/MIS, Acting Police Chief, Acting Director of Fiscal Services, and the City Clerk.
PROCLAMATION OF APPRECIATION: Mayor Gray read a proclamation of appreciation to all those involved in the reconstruction of 10th Avenue South.
PUBLIC HEARINGS |
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Ord. 2780, Rezone Montana Add., B3, L4 and 17. Adopted. Res. 9115, Vacate segments of 10th Street SW. Adopted. Res. 9107, Conditional Use Permit. Adopted. Amended Plat, Findings of Fact, Agreement. Approved. |
1&2.
ORDINANCE 2780 - REZONE MONTANA ADD., BLOCK 3, LOTS 4 and 17; RESOLUTION 9115 - VACATE SEGMENTS OF 10TH STREET SW AND TREASURE STATE DRIVE; RESOLUTION 9107, CONDITIONAL USE PERMIT FOR MONTANA ADD., BLOCK 3, LOTS 1-4 AND 17, AMENDED FINDINGS OF FACT AND AGREEMENT.
The owners of the Heritage Inn and Budget Inn submitted multiple petitions regarding the following: 1) a request to vacate that portion of 10th Street SW and Treasure State Drive and the easterly portion of Treasure State Drive in front of the Budget Inn; 2) an Amended Plat consolidating lots and defining the re-parcelization of the subject area resulting from the vacated roadway and providing a dedicated turnaround at the easterly terminus of Treasure State Drive; 3) a request to rezone Montana Addition Block 3, Lots 4 and 17; and 4) a request for a conditional use permit to allow Montana Addition, Lots 1-4 and 17 to accommodate a vehicle parking lot. The Planning Board held a public hearing on these requests June 27, 2000 and continued it to August 8, 2000. At the conclusion of the public hearing, the Planning Board recommended the City Commission approve the request to vacate 10th Street Southwest between 17th Avenue SW and Treasure State Drive; approve a variance for a maximum cul-de-sac length and approve the Amended Plat of Lots 7-13, Block 1, Lot 1, Block 2; and Lots 1-4 and 17, Block 3, Montana Addition, and accompanying findings of fact; approve the rezone request for Montana Addition Block 3, Lots 4 and 17, to accommodate a vehicle parking lot. The Planning Board made the recommendation subject to certain conditions being met:
City/County Planning Director Bob Horne and Steve L'Heureux, architect, provided an overview of the project. Mayor Gray declared the public hearing open. No one spoke in support of or opposition to the proposed land development. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2780. Motion carried 5-0. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9107. Motion carried 5-0. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9115. Motion carried 5-0. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Amended Plat of Lots 7-13, Block 1, Lot 2, Block 2; and Lots 1-4 and 17, Block 3, Montana Addition, and the accompanying Findings of Fact and Agreement. Motion carried 5-0. |
Res. 9110, Nuisance Abatement, Black Eagle Falls Add., B31, L11. Denied. |
2.
RESOLUTION 9110, NUISANCE ABATEMENT, BLACK EAGLE FALLS ADDITION, BLOCK 31 LOT 11.
In September 1999, a complaint was received on the condition of the property located at 2713 5th Avenue South. An inspection was conducted and it was noted there were trees and shrubs growing unchecked, a metal shed in bad shape and full of rubbish and not secure, as well as storage areas next to the house. These are considered attractive nuisances to vagrants and children and definitely a fire hazard. Overall, the appearance of the property was bad. Through a title search, it was determined that Edna G. Parsons was the owner. Apparently there was a fire in her home in March 1997 and the property has been vacant since that time. Because of the amount of rubbish throughout the house at the time of the fire, the Fire Department determined it would not be safe for Ms. Parsons to continue living there. The utilities were disconnected and the property vacated. Ms. Parsons now resides elsewhere. Over the course of the next year, Staff spoke with the owner's relatives in an effort to get the problems corrected. Nothing had been done, therefore Staff set the public hearing for the Nuisance Abatement action. On September 21, 2000, Staff received a call from Louis Bryant, residing at 2705 5th Avenue South, who volunteered to clean up the property. After reinspecting the property and determining that the nuisances had been addressed, Staff recommended that the City Commission deny Resolution 9110. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9110, Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission deny Resolution 9110. Motion carried 5-0. |
Res. 9111, Nuisance Abatement, GF Townsite Add., B481, L11. Adopted. |
3.
RESOLUTION 9111, NUISANCE ABATEMENT, GF TOWNSITE ADDITION, BLOCK 481, LOT 11.
On May 4, 2000, a complaint was taken by phone regarding the property at 413 8th Avenue South. An inspection was completed and it was noted that there was roofing material, scrap wood, scrap metal, a refrigerator, and numerous other miscellaneous rubbish scattered around the yard. There was also a wooden frame next to the house with tattered tarps hanging from it. A wooden addition attached to the garage was in bad shape and required razing. The overall appearance of the property was bad. It was discovered that Mr. Morris Erickson was the owner of record. A certified letter was sent to him and one to his daughter, Roberta Erickson. The letters were never accepted and returned to the City. Staff later learned that Mr. Erickson had passed away and all attempts to contact Ms. Roberta Erickson were unsuccessful. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9111. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9111. Motion carried 5-0. |
Gibson Park |
4.
GIBSON PARK CONCESSION LEASE.
Request for proposals were advertised in the Great Falls Tribune and mailed to 30 prospective bidders. Staff received one proposal from Park and Ponder Coffee House. A selection committee including the Park and Recreation Director, Recreation Supervisor, Community Development Director and George Page (member of the Park and Recreation Board) reviewed the proposal and recommended the lease be awarded to the sole bidder. The term of the lease would be effective October 1, 2000, through December 31, 2005. The rental would be as follows: 2000 - 11% of gross sales or $1,500 whichever is greater; 2001 - 11% of gross sales or $7,000 whichever is greater; 2002 - 12% of gross sales or $7,500 whichever is greater; 2003 - 12% of gross sales or $7,500 whichever is greater; 2004 - 12% of gross sales or $8,000 whichever is greater; and 2005 - 12% of gross sales or $8,000 whichever is greater. The proposed lease also allows the concessionaire to sell beer and wine on the premise as well as allows a credit on the lease rental for capital improvements and repairs which are limited to improvements becoming fixed assets to the facility. Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to leasing the Gibson Park Concessions to Park and Ponder Coffee House. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission award the Gibson Park Concession lease to Park & Ponder Coffee House. Motion carried 5-0. |
T20N R3E Sec. 1, Lot 6 Sale to Falls Construction Approved. |
5.
PURCHASE OF CITY-OWNED LAND LOCATED NEAR FALLS CONSTRUCTION - (OF 1046) (T20N R3E SEC. 1 LOT 6).
Falls Construction requested the City sell them land which is located immediately adjacent to the east property line of their property. The City solicited bids as is required by OCCGF 3.04.050 listing a minimum bid of $1,750. Two bids were received on the bid opening date of September 27, 2000. The bids received were from Falls Construction in the amount of $5,250 and Cheryl Reichert in the amount of $5,025. The subject property is a portion of former Burlington Northern Railroad right-of-way now owned by the City. It was not anticipated at this time that the City needed or would develop this property. It consisted of .363 acres or 15,800 square feet and is vacant. Because the land does not have direct access to a public street, any bidder, other than Falls Construction, would have to need the property platted to create a transferable lot. Ms. Reichert indicated in her bid she would complete and pay for the necessary platting. Falls Construction would not be required to plat the property because their current property is adjacent to the property in question. Doug Wicks, River's Edge Trail, indicated that selling the subject property would not affect trail development in that area. Staff requested that the City Commission either 1) authorize the sale of the property and accept the highest bid submitted by Falls Construction or 2) determine that it is not in the best interest of the City at this time to sell the property and reject all bids. Mayor Gray declared the public hearing open. The following people spoke in support of the proposed land sale: Guy Heustis, 30 Prospect Drive and Doug Wicks, River's Edge Trail. Both speakers encouraged the Commission to authorize the sale of the small parcel of land and award the bid to Falls Construction. Mr. Wicks explained that Falls Construction was a good friend to River's Edge Trail and that should be considered in the deliberations. The following people spoke in opposition to the sale of the City-owned land: Diane Stinger, 1400 4th Avenue NW, and JoAnn Meretta (sp). Both speakers discouraged the Commission from selling a piece of river-front property, explaining that it would send the wrong message to the public. They added that the Commission should discourage any further industrial development along the banks of the Missouri. Commissioner Beecher moved for the purpose of putting the item on the table, that the City Commission authorize the sale of a .363 acre of land in T20N R3E, Section 1, Lot 6, to Falls Construction in the amount of $5,250 and authorize the Mayor and City Clerk to execute the necessary documents. Commissioner Jovick-Kuntz seconded the motion. Commissioner Beecher stated he would abstain from voting because Falls Construction was a client of his employer. However, he also wanted to share his thoughts on the issue. First, this was such a small parcel of land Commissioner Beecher did not believe any message would be sent which would encourage additional industrial development along the banks of the Missouri. Secondly, he wanted to recognize the importance of public/private partnerships in the community and that Falls Construction's contributions to the River's Edge Trail were duly noted. Commissioner Hinz asked why Falls Construction wanted the parcel of land. Mr. Heustis explained that it provided a good area to store safety equipment and it would square off the border of the park area. Mayor Gray asked if Mr. Heustis would consider constructing a see- through fence so that those using the park area would have an unobstructed view of the 9th Street Bridge. Mr. Heustis indicated he would be willing to do so. Commissioner Hinz asked if the parcel of land could be landscaped and maintained by the City. Doug Wicks explained that the area contains a lot of fill that included concrete, rock and dirt. He added that in order to landscape the area would require topsoil and irrigation, both of which were expensive. Commissioner Rosenbaum stated he would support the motion and recognized that Falls Construction was a good citizen to the community. Commissioner Hinz stated that the river-front was community's greatest asset and that the sale of even a small piece would be short sighted. She added that she could not support the sale. Commissioner Jovick-Kuntz supported the motion. Mayor Gray stated he took stock in Mr. Wicks comments and also recognized that Falls Construction was a good citizen in the community. He added that he wanted to ensure that those visiting the park area would have an unobstructed view of the 9th Street Bridge and since Mr. Heustis was willing to ensure that would occur, he supported the sale of the parcel of land to Falls Construction. There being no further discussion, Mayor Gray called for the vote. Motion carried 3-1-1 (Commissioner Hinz dissenting, Commissioner Beecher abstaining). |
OLD BUSINESS |
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NEW BUSINESS |
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Consent Agenda |
CONSENT AGENDA
6.
Minutes, September 19, 2000, Commission meeting.
7.
Total Expenditures of $1,085,974 for the period of September 7-20, 2000, to include claims over $500 in the amount of $1,049,940.
8.
9.
Set public hearing for October 17, 2000, for consideration of the sale of City-owned property at 610 8th Street South.
10.
Change Order 2, Parking Structure (OF 1259). Approved a Change Order in the amount of $17,047 to Sletten Construction for the removal and disposal of existing foundations.
11.
Final Pay Request, 2000 Miscellaneous Street Repairs (OF 1290). Final payment to Volk Sand and Gravel and the State Miscellaneous Tax Division in the amount of $7,266.40.
Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed. Motion carried 5-0. |
BOARDS AND COMMISSIONS |
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High Plains Development and Port Authority. Appoint Owen. |
12.
APPOINTMENT, HIGH PLAINS DEVELOPMENT AND PORT AUTHORITY.
The term of Tim Culliton expired June 30, 2000, therefore it was necessary to make an appointment to this Board. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Richard Owen to the High Plains Development and Port Authority Board for a five year term, expiring June 30, 2005. Commissioner Beecher stated that there was a slate of excellent candidates to select from and encouraged those not selected to reapply next spring when the next vacancy occurred. Motion carried 5-0. |
ADJOURNMENT |
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Adjourn |
There being no further business to come before the Commission, the regular meeting of October 3, 2000, adjourned at 8:16 p.m. |
/S/
Mayor Randall H. Gray
/S/
Peggy J. Bourne, City Clerk