| Regular City Commission Meeting | Mayor Gray presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIENCE
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 Public Works, Community Development, Library, Acting Directors of Planning, Fire, Police, and the Deputy City Clerk.
PUBLIC HEARINGS |
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| Res. 9269, and Agreement, Annexation of Finlay's Supplement to Prospect Park, B4, L18-24. Adopted. |
1.
RESOLUTION 9269 AND AGREEMENT PERTAINING TO FINLAY'S SUPPLEMENT TO PROSPECT PARK, BLOCK 4, LOTS 18-24.
Staff reported that Shannon Wadsworth, the owner of Lots 18-24, Block 4, Finlay's Supplement to Prospect Park, had petitioned to have said lots annexed to the City. Dana Hennen is in the process of purchasing the lots for the purpose of building three single family dwelling units. Lots 18-24 are located along the north side of 21st Avenue South between 16th and 17th Streets South. The abutting portion of 21st Avenue South contains a City water main and a sanitary sewer main is located in the abutting portion of 21st Alley South. At the conclusion of a public hearing held August 13, 2002, the Planning Board recommended the City Commission approve the annexation subject to the applicant paying $7,553.52 owed for processing fees and reimbursements and entering into an agreement with the City agreeing to the typical terms and conditions associated with annexation including waiving right to protest and agreeing to pay, when deemed necessary by the City, proportionate share of the costs to install standard City paving, curb and gutter in those segments of 16th and 17th Streets South and 21st Avenue South abutting Block 4, Finlay's Supplement to Prospect Park. Said conditions have been completed. Mayor Gray declared the Public Hearing open. Dana Hennen spoke in support of the annexation, and stated that he would be constructing 3 single family homes that would be in the price range of $96,000 to $105,000. There were no opponents to the resolution/agreement. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9269 and approve the accompanying agreement.
Motion carried 5-0.
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| Ord. 2833, Establish zoning on Finlay's Supplement to Prospect Park, B4, L18-24. Adopted. |
2.
ORDINANCE 2833, ESTABLISH ZONING ON FINLAY'S S SUPPLEMENT TO PROSPECT PARK, BLOCK 4, LOTS 18-24.
[ Staff Report 2 ] [ Ord. 2833 ]
Staff reported that the area is presently zoned by the County as "R-2" Low Density Residential District. The applicant requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City. The property is bordered on two sides by property zoned "A" Residence Use District, on the third side by a "MH" Mobile Home District, and on the fourth side by an "R-2" Low Density Residential District. The Planning Board, at the conclusion of a public hearing held August 13, 2002, recommended the City Commission assign a zoning classification of "A" Residence Use, "A" Area District, to subject Lots 18-24. Mayor Gray declared the public hearing open. There being no one to speak in support of or opposition to Ordinance 2833, Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2833.
Motion carried 5-0.
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| Ord. 2834, Amending Uniform Building Codes pertaining to the Sign Code 15.11.050 Adopted. |
3.
ORDINANCE 2834, AMENDING UNIFORM BUILDING CODES PERTAINING TO THE SIGN CODE, TITLE 15, CHAPTER 15.11, SECTION 15.11.050.
[ Staff Report 3 ] [ Ord. 2834 ]
Community Development Director Mike Rattray reported that in January of this year, the City agreed to eliminate the equivalent of a master electrical license in order to acquire and maintain a contractor license. Staff stated it was also understood that the contractor would be obligated to acquire or employ someone with a sign electrician/journeyman certificate. It was reported that there are those who have not or cannot meet this requirement and have ignored the attempted enforcement and continue to install, illegally, signs with unlicensed individuals. This had to be specifically spelled out in the ordinance to insure effective enforcement and protection for the community. Operation of a sign contracting business without having or employing qualified individuals should not be allowed. Mayor Gray declared the public hearing open. Speaking in support of the Ordinance was Dan Dust of 1401 5 Avenue South Mr. Dust stated that although there were still a few contractors out there that were not in compliance, he felt that the City was moving in the right direction by addressing this issue. Mr. Dust also brought in pictures of some of the sign work that had been done in the past. No one spoke in opposition of Ordinance 2834. Mayor Gray closed the public hearing. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2834.
Motion carried 5-0.
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| Ord. 2832, Rezone Fox Farm Addition No. 3, B1, L1. Adopted. |
4.
ORDINANCE 2832, REZONE FOX FARM ADDITION NO. 3, BLOCK 1, LOT 1.
[ Staff Report 4 ] [ Ord. 2832 ]
Staff reported that Leisure Development, L.L.C., recently acquired Lot 1, Block 1, Fox Farm Addition No. 3, and had prepared plans to construct on the site a 40-unit residential condominium project titled Meadowlark Estates PUD. Upon annexation to the City in 1980, the 7.2 acre parcel comprising the privately owned property in Fox Farm Addition No. 3 was zoned "Limited" General Commercial, "D" Area District. To accommodate the planned residential condominium project, which differs significantly from the previously planned business use of the property, the current owners submitted an application to rezone subject property from "Limited" General Commercial District, "D" Area District, to "PUD" Planned Unit Development District. The Planning Board, at the conclusion of a public hearing held August 13, 2002, passed a motion recommending the City Commission approve the rezoning of Lot 1, Block 1, Fox Farm Addition No. 3, from "Limited" General Commercial District, "D" Area District, to "PUD" Planned Unit Development District. Mayor Gray declared the public hearing open. There being no one to speak for or against Ordinance 2832, Mayor Gray closed the public hearing. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2832.
Motion carried 5-0.
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OLD BUSINESS |
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NEW BUSINESS |
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| Consent Agenda Approved as printed. |
CONSENT AGENDA5.
6.
Total Expenditures of $1,802,431 for the period of September 11 through October 1, 2002, to include claims over $500, in the amount of $1,729, 202. [ Staff Report 6 ]
7.
Contracts List. [ Staff Report 7 ]
8.
Approve Engineering Services Agreement with Delta Engineering P.C. for design services for the 7th Avenue North (45th to 47th) Street and Water Main Improvements project. (OF 1372) [ Staff Report 8 ]
9.
Approve the 2003 Agreement with the Montana Department of Transportation for Maintenance of Traffic Signals on State Routes. [ Staff Report 9 ]
10.
Approve Amendment No. 1 to Engineering Services Agreement for 14th/15th Street Storm Drain/Water Main Replacement with Thomas, Dean & Hoskins, Inc. (OF 1215) [ Staff Report 10 ]
11.
Approve Construction Contract Phase 2, Historic Preservation of the 10th Street Bridge with Tamietti Construction Company in an amount not to exceed $451,790.60. (OF 979.3) [ Staff Report 11 ]
12.
Award Contract for Bank Stabilization Project at West Bank Park to Sierra Rock & Dirt Inc. in the amount of $20,250. (OF 1336) [ Staff Report 12 ]
13.
Reject bid for Fire Department Pavement Replacement Plan, Phase II and allow the project to be rebid in the spring. (OF 1238.2) [ Staff Report 13 ]
Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Consent Agenda as printed. Mayor Gray asked the audience if there were any comments concerning any items on the consent agenda. Mr. Burn addressed the Commission regarding item 11. He stated that the Commission should think more about the community than the bridge. He also said that tax dollars were being spent on the bridge, and that the dollars could be put to better use. Arlene Riechert responded. Ms. Reichert stated that the monies being used to preserve the 10th Street Bridge were not local tax dollars, but monies received from grants that are "earmarked" for historic preservation.
Motion carried 5-0. |
BOARDS AND COMMISSIONS |
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| Board of Adjustment/Appeals appointments. | 14.
APPOINTMENT, BOARD OF ADJUSTMENT/APPEALS.
[ Staff Report 14 ]
The term of Ed Venetz expired on September 30, 2002. Mr. Venetz was eligible for and interested in a reappointment. The term of Linda Daggett also expired on September 30, 2002. Ms. Daggett served two three-year terms and was not eligible for reappointment. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission reappoint Ed Venetz to a second three-year term expiring September 30, 2005, and appoint Kathleen Jensen to the Board of Adjustment/Appeals for a three-year term expiring September 30, 2005.
Motion Carried 5-0.
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NEIGHBORHOOD COUNCILS |
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| Randy Kuiper of 3328 Eagle Court read a letter to the City Commission from Neighborhood Council 1. It addressed concerns the Council had about the proposed casino in Fox Farm. The Council's main concerns were about the increase in traffic problems and the safety of pedestrians. The City Commission was sympathetic to the concerns. However, since no action by the City Commission was necessary for the proposed use of the property, they had no authority in this matter. Mayor Gray suggested that if the residents of the neighborhood have these concerns they might want to seek professional guidance. | |
ADJOURNMENT |
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| Adjourn | There being no further business to come before the City Commission, the regular meeting of October 15, 2002, adjourned at 8:02 p.m. |
/S/
Mayor Randy Gray
/S/
Melodi A. Wald, Deputy City Clerk
* Non-text and electronically unavailable attachments are on file in the City Clerk's Office
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