JOURNAL OF COMMISSION PROCEEDINGS
April 1, 2003

Regular City Commission Meeting Mayor Gray presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

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 Fiscal Services, Park and Recreation, Community Development, Library, Fire, Police, Acting Directors of Planning and Public Works, and the Deputy City Clerk.

PROCLAMATIONS: Parkinson's Disease Awareness Month
Fair Housing Month

PUBLIC HEARINGS

Ord. 2849 amended. Rezone Edgewater Industrial Tracts No. 3, L1, B1, and L2, B3. Adopted as amended.
1.
ORDINANCE 2849, TO REZONE 53 PARCELS OF LAND BETWEEN 15TH AND 25TH STREETS NORTH AND BETWEEN BNSF ROW AND RIVER DRIVE

Bill Walters reported that a discrepancy had been found in the City of Great Falls zoning map for the area between 15th and 25th Streets North and between the BNSF Railroad Right of Way and River Drive. The City zoning map, adopted in 1930, had always shown this area as being zoned 2nd Industrial District. However, research revealed the area was rezoned in 1943 from 2nd Industrial to "C" Residential and the same area was rezoned in 1948 from "C" Residential to "B" Residential. These changes were never reflected on the zoning map.

The Great Falls City-County Planning Board, acting as Zoning Commission, passed a motion during a regular meeting held February 11, 2003, directing the Planning Staff to formulate a zoning plan to address and remedy the discrepancy. Planning Staff proposed 53 parcels in subject area be rezoned to "GC" General Commercial District.

The Planning Board conducted a public hearing on the rezoning on March 25, 2003. During the hearing, several individuals spoke in opposition to the proposed General Commercial District, and indicated that they rather their property be zoned 2nd Industrial.

The owner of the vacant parcel along the west side of 19th Street North encouraged the Board to rezone his property one way or another.

At the conclusion of the public hearing, the Planning Board passed a motion tabling the entire rezoning plan except for Lot 1, Block 1, Edgewater Industrial Tracts No. 3, and Lots 1 and 2, of the Amended Plat of Block 3, Edgewater Industrial Tracts No. 3, which were recommended be rezoned from "B" Residence Use District to General Commercial District. Rezoning the three above mentioned parcels, which are currently vacant, to General Commercial District, would permit their development at least to commercial standards.

Mr. Walters stated that if Ordinance 2849 was amended and adopted as recommended by the City-County Planning Board, then only two of the subject 53 parcels would be rezoned to General Commercial District.

Mayor Gray declared the public hearing open. Speaking in support of Ordinance 2849 was Allan Curry, 302 36 Street South. Mr. Curry purchased property in the area to construct a new dental office. In order for Mr. Curry to do this the property needed to be rezoned to General Commercial. Speaking in opposition was Dave Waldenberg, 1520 River Drive North. Mr. Waldenberg stated that he would not be opposed to rezoning two parcels of land to General Commercial, but stated that it could leave the rest of the parcels in limbo for up to a year while waiting for the zoning code update to be completed.

There being no one further to speak in favor of or opposition to Ordinance 2849, Mayor Gray declared the Public Hearing closed.

Commissioner Jovick-Kuntz stated that she would like to see a study on the Missouri River Corridor, and take it slow as far as zone changes in that area are concerned.

Mayor Gray disclosed that he is a property owner in the area but did not see that his ownership had any bearing on the subject.

Commissioner Hinz moved to amend Ordinance 2849 by deleting all referenced properties except Lot 1, Block 1, and Lot 2, Block 3, Edgewater Industrial Tracts No. 3., seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9287.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum to adopt Ordinance 2849 as amended.

Motion carried 5-0.
 

Ord. 2850, Rezone 8 lots in Edgewater Industrial Tracts No. 3. Denied.
2.
ORDINANCE 2850, TO REZONE EIGHT LOTS IN THE VICINITY OF 12TH AVENUE NORTH AND 19TH STREET NORTH

Bill Walters reported that a discrepancy had been found in the City of Great Falls zoning map for the area between 15th and 25th Streets North and between the BNSF Railroad Right of Way and River Drive. The City zoning map, adopted in 1930, had always shown this area as being zoned 2nd Industrial District. However, research revealed the area was rezoned in 1943 from 2nd Industrial to "C" Residential and the same area was rezoned in 1948 from "C" Residential to "B" Residential. These changes were never reflected on the zoning map.

The Great Falls City-County Planning Board, acting as Zoning Commission, passed a motion during a regular meeting held February 11, 2003, directing the Planning Staff to formulate a zoning plan to address and remedy the discrepancy. Planning Staff proposed six parcels owned by Pacific Hide and Fur and 2 parcels owned by Columbia Grain, Inc., be rezoned to 2nd Industrial District.

At the conclusion of the public hearing, the Planning Board passed a motion tabling the entire rezoning plan except for Lot 1, Block 1, Edgewater Industrial Tracts No. 3, and Lots 1 and 2, of the Amended Plat of Block 3, Edgewater Industrial Tracts No. 3, which were recommended be rezoned from "B" Residence Use District to General Commercial District. Rezoning the three above mentioned parcels, which are currently vacant, to General Commercial District, would permit their development at least to commercial standards.

Mayor Gray declared the public hearing open. Those speaking in favor of Ordinance 2850 were: Steve Smith and Dan Treinen. They stated that it makes sense to rezone the property to 2nd Industrial because of the existing uses.

No one appeared to speak in opposition to Ordinance 2850. There being no one further to address the Commission, Mayor Gray closed the public hearing.

Commissioner Beecher asked Staff how many of the eight properties in question are currently being used as industrial. Bill Walters, City/County Planning, stated that currently seven of the lots are being used as 2nd Industrial.

Commissioner Hinz stated that she was hesitant to make zoning changes until the study was complete and asked staff if the City would be locked in by granting a zone change at this time. City Manager John Lawton stated that this was a zoning anomaly in that the properties are already being used as 2nd Industrial. Mr. Lawton stated that the Commission would face this issue now or later, and that it was his opinion that the rezone would not affect the big plan.

Mayor Gray stated that these properties are not located on River Drive.

Commissioner Beecher stated that it would make sense to rezone these eight properties to 2nd Industrial sense they are being used in that capacity already.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2850.

Motion denied 2-3.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission deny Ordinance 2850.

Motion carried 3-2.
 

OLD BUSINESS

Ord. 2835, Rezone Tietjen Triangle, B1 L1. Withdrawn.
3.
ORDINANCE 2835, REZONE TIETJEN TRIANGLE, LOT 1, BLOCK 1 INITIATED BY CITY OF GREAT FALLS.

City Manager John Lawton gave a very brief history of the Town Pump issue. In his report to the Commission, Mr. Lawton stated that they had before them three options on Ordinance 2835; these being to table, deny, or instruct the City Manger to withdraw the original petition to rezone. The end result of all three options would be the same. Mayor Gray asked for public comment. Randy Kuiper of Neighborhood Council 1 asked if any of these options would keep the Town Pump casino from opening. City Manager John Lawton stated that the answer was "no". None of the options would prevent Town Pump from opening. Loren Keller, 25 Comanche Trail, stated that there has been a group working on this issue for quite some time. Their primary goal was to prevent another casino altogether. However, the group consensus was that, by going through the process they have come to have a good working relationship with staff and the City Commission. Mr. Keller stated that a number of things have been accomplished by this process: the moratorium that was passed by the City Commission, the zoning study and the traffic study. At this point the group's desire was to continue to work towards the betterment of the community. Mr. Keller stated the group would support the withdrawal of the original petition.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz to direct the City Manager to withdraw the petition for the zone change.

Motion carried 5-0.
 

NEW BUSINESS

Consent Agenda
Approved as read.

CONSENT AGENDA

4.
5.
Total Expenditures of $860,829 for the period of March 12-19, 2003, to include claims over $500, in the amount of $815,737. [ Staff Report 5 ]
6.
Contracts List. [ Staff Report 6 ]
7.
Addendum to Giant Springs Tunnel Professional Services Agreement with Morrison Maierle, Inc. in the amount of $2,375. (OF 1306.2) [ Staff Report 7 ]
8.
Approve Change Order No. 1 to Children's Museum Construction Contract with Wadsworth Builders, Inc. in the amount of $30,005. (OF 1126.8) [ Staff Report 8 ] [*]
9.
Approve CDBG and HOME Program Proposed Use of Funds and set public hearing date for April 15, 2003, on the Proposed Annual Consolidated Plan. [ Staff Report 9 ] [ CDBG and HOME Proposed Use of Funds ]
10.
Approve contract with Qwest for telephone upgrade for the 9-1-1 Dispatch Center in the amount of $169,575. [ Staff Report 10 ]
11.
Set public hearing for April 15, 2003, on Res. 9298 to assess costs for razing and clean up of nuisance property located at 819 6th Avenue South. (GFO Add., B460, L10) [ Staff Report 11 ] [ Res. 9298 ]
12.
Set public hearing for April 15, 2003, on Res. 9300 to enable staff to hire a contractor and abate the ongoing nuisance at 509 15th Street North. (GF 3rd Add., B176, L14) [ Staff Report 12 ] [ Res. 9300 ]
13.
Approve utilities agreement with Montana Department of Transportation for 14th/15th Street Project (10th Avenue South to River Drive). (OF 1215) [ Staff Report 13 ]
14.
Approve project construction agreement with the Montana Department of Transportation for the 14th/15th Street Project (10th Avenue South to River Drive). (OF 1215) [ Staff Report 14 ]
15.
(Item pulled)
16.
Approve engineering services agreement amendment #3 with Thomas, Dean & Hoskins, Inc. for the Water Treatment Plant Backwash Clarification Project in the amount of $46,000. (OF 1199.9) [ Staff Report 16 ]
17.
Approve final payment to Maddox Roofing and Construction, Inc., and the State Miscellaneous Tax Division in the amount of $1,390 for the Water Booster Station Roof Replacements. (OF 1332.1) [ Staff Report 17 ]
18.
Award bid to Laabs Construction Management Company in the amount of $71,287 for the Parking Garage Concrete Slab Sealing Project. (OF 1356) [ Staff Report 18 ]

Commissioner Rosenbaum moved, seconded by Commissioners Jovick-Kuntz and Hinz, that the City Commission approve the Consent Agenda as read.

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Civic Center Advisory Board.
19.
Tia Dear representing the Civic Center Advisory Board, spoke about the concert being held on Friday, April 4, 2003. Ms. Dear stated that the proceeds from the concert were going to be used for an upgrade to the theatre lighting. Ms. Dear also stated that the cost of the tickets was 100% tax deductible, and that tickets could be purchased from the Civic Center Events office as well as several other businesses.

NEIGHBORHOOD COUNCILS

Neighborhood Council 1. Peccia and Associates traffic study.
20.
Randy Kuiper of Neighborhood Council 1 reported that the council met with Peccia and Associates on the traffic study, and that the meeting was a great success. Mr. Kuiper also asked that the Neighborhood Council be notified before the traffic study is finalized.

CITY MANAGER

Assistant City Manager, "Natures Conspiracy" picture in Chambers.
21.
Assistant City Manager Cheryl Patton reported on the picture that was hanging in the Commission Chambers. It was called "Natures Conspiracy" by Sherry Gallagher

CITY COMMISSION

Mayor Gray, SJ11.
22.
Mayor Gray reported that SJ11 had made it past the Senate and was going to the House of Representatives this week.

PETITIONS AND COMMUNICATIONS

Shanie Heger. Operation Uplink.
22.
Shanie Heger addressed the Commission. Ms. Heger's spouse was military and deployed overseas. Ms. Heger stated that she was making and selling ribbons in support of our troops. She was selling them in conjunction with "Operation Uplink". A portion of the proceeds are to go toward purchasing phone cards for the men and women serving overseas. Ms. Heger stated that if you were interested in purchasing a ribbon, or just making a contribution, she could be reached at 727-6997 or she would be at Holiday Village mall from Friday April 4th through Sunday April 6, 2003.

ADJOURNMENT

Adjourn There being no further business to come before the Commission, the regular meeting of April 1, 2003, adjourned at 8:13 p.m.


Randall H. Gray, Mayor

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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