PUBLIC HEARINGS

John T. Mitchell, owner of Lot 8, Block 6, Fairview Addition, located at the northwest corner of the intersection of 11th Avenue South and 15th Street South and addressed as 1425 11th Avenue South, submitted applications to: 1) rezone Lot 8, Block 6, Fairview Addition, from "A" Residence Use to "C" Residence Use District; and 2) for a conditional use permit to allow Lot 8 to accommodate a vehicle parking lot.

The Planning Board considered the request and at the conclusion of a public hearing, passed a motion recommending:1) Lot 8, Block 6, Fairview Addition, be rezoned from "A" Residence Use to "C" Residence Use District with permitted uses limited to those in "A" Residence Use District and a parking lot as granted through the conditional use process; and 2) a conditional use permit be granted to allow Lot 8, Block 6, Fairview Addition, to accommodate a vehicle parking lot providing the applicant enter into an agreement to: a) adhere to the details contained in the Memorandum from the City Engineer dated February 20, 2001; b) obtain, through joint review by the City Community Development Department, City Forester, and Planning Staff, approval of the final landscape plan including addition of shrubs as recommended by the City Forester; c) take extra precautions to protect the hedge along the west boundary during construction of the parking lot; and d) construct and maintain the parking lot and accompanying landscaping in accordance with applicable City Code and the parking lot plan and landscape plan attached hereto as may be amended in adhering to fulfillment of the conditions contained herein.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to the Ordinance or Resolution. Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2804.

Motion carried 4-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9172.

Motion carried 4-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Agreement granting a conditional use for a parking lot on subject Lot 8.

Motion carried 4-0.
 

In November 1996, the City and County Commissions conditionally approved, in accordance with a recommendation from the Planning Board, the preliminary plat of Prairie Ridge Addition. The proposed Prairie Ridge Addition consisted of 52 single family residential lots located immediately east of Christianson Addition along the extensions of 13th and 14th Avenues South.

The City and County Commissions recently extended the preliminary plat approval to the year 2005. The final plats of the first two phases of the subdivision, consisting of a total of 17 lots, have been approved. The proposed name, Prairie Ridge Addition, was replaced with Berkner Heights Addition and the final plats were designated Phases 6 and 7 of the Addition.

The developer of the subdivision, C & W Development, Inc., wanted to proceed with finalizing the platting and annexation of the next phase, which consists of 8 residential lots along the easterly extension of 14th Avenue South and including a segment of the southerly extension of 43rd Street South. The plat is entitled Berkner Heights Addition, Phase 8. Phase 8 public improvements include water and sanitary sewer mains and paving, curb and gutter in the sections of 14th Avenue South and 43rd Street South contained within the final plat. Surface drainage from a majority of the subdivision will be directed west in 14th Avenue South to a storm sewer main being installed in conjunction with Phase 7. This storm sewer main will discharge into the storm water detention facility planned to be constructed this year on the City owned parcel south of the subdivision.

Finalizing the platting of the subdivision has been set back due to delays encountered by the City in attempting to fulfill Condition 6 in connection with arranging a storm water detention facility for the drainage sub-basin in which Prairie Ridge Addition (Berkner Heights Addition, Phase 8) is located. The developer has had no control of this matter. City Public Works is now proceeding with refining plans to construct, on City owned property, a storm water detention facility for subject drainage sub-basin this year.

The Planning Board, during a meeting held May 22, 2001, recommended approval of the final plat of Berkner Heights Addition, Phase 8, and annexation of the property contained therein subject to the following conditions: 1) The applicant execute an Annexation Agreement and submit the appropriate supporting documents referenced in the Agreement; 2) pay all applicable fees and charges due, including the park fee; 3) Any errors or omissions on the final plat noted by staff be corrected; and 4) Final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department.

Ordinance No. 2805 assigns a zoning classification of "A" Residence Use, "A" Area District, to Berkner Heights Addition, Phase 8. The Subject 8 lot subdivision is located along the easterly extension of 14th Avenue South.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to the Ordinance or Resolution. Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9176 and approve the final plat and the Annexation and Improvements Agreement all related to annex Berkner Heights Addition, Phase 8.

Motion carried 4-0.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2805.

Motion carried 4-0.
 

The Business Improvement District submitted their 2001/2002 budget and work plan for approval by the City Commission. The Commission must hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission will be asked to levy an assessment of the district to defray all costs. The assessment requested is according to the assessment formula approved with the creation of the district.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in opposition to BID proposed budget and work plan. Greg Madsen, Business Improvement District Executive Director, spoke in support. There being no one further to address the City Commission, Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the 2001/2002 Business Improvement District budget and work plan.

Commissioner Jovick-Kuntz stated she would abstain due to a perceived conflict of interest.

Motion carried 3-0-1 (Jovick-Kuntz abstaining).
 

Safety Inspection Certificate fees were established by tiers which were based on the square footage of the office/building the business occupies. The existing Tier 4 sets the Safety Inspection fee for all structures over 25,000 square feet. Staff proposed the creation of Tier 5, and the accompanying new issuance fee of $300, to ensure adequate reimbursement for the time involved to conduct safety inspections of the structures over 50,000 square feet. Tier 5 new issuance fee will be effective August 1, 2001. The renewal fee for Tier 5, effective July 1, 2002, was proposed to be $205. Renewal fees for Safety Inspection Certificates and Home Occupation Certificates have remained the same since 1995 even though costs have continued to rise. The recommended Safety Inspection Certificate renewal fees would result in a $5 increase, per year over the next two years. The recommended effective date of the fee increases was August 1, 2001 and July 1, 2002. The recommended Home Occupation Certificate renewal fee would result in a $10 increase effective August 1, 2001.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9156. Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9156.

Motion carried 4-0.
 

The Montana Legislature, in MCA 15-10-203, requires local governments to advertise their intent to increase tax revenues and hold a public hearing.

The City's total property taxes do not cover the cost of Police and Fire services. Property tax revenue growth has not kept up with inflation, and has caused the City to limit services that the community has asked for and needs.

The 2001 Legislature, authorized annual property tax levy increases of "one-half of the average rate of inflation for the prior 3 years." Therefore, the City was allowed and proposed a 1.28% property tax levy increase.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9170. Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9170.

Motion carried 4-0.
 

The City started the annual budget process with a series of public work sessions. The proposed budget was presented by the City Manager at the City Commission Work Session on July 17, 2001. State statute requires the Commission to conduct a public hearing on the proposed budget. Staff recommended the City Commission conduct the public hearing at two Commission Meetings in order to provide a reasonable time to review the budget, receive additional input, and consider budget modifications.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9169.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission continue the budget hearing to the City Commission Meeting on August 7, 2001.

Motion carried 4-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Resolution 9177 sets a public hearing for August 21, 2001, to consider the annexation of Whispering Ridge Addition, Phase 2, consisting of 17 single family residential lots located south of 15th Avenue South between 35th and 39th Streets South.

In February 2001, the City and County Commissions conditionally approved the preliminary plat of Whispering Ridge Addition, Phases 2 and 3, a 17 lot single family residential subdivision located south of 15th Avenue South between 35th and 39th Streets South. The subdivision will be served by an 8 inch water main to be installed in 38th Street and connected to the existing water main in 15th Avenue South. A sanitary sewer main will be installed in 38th Street which will drain into the existing City lift station at 15th Avenue South and 35th Street.

Storm drainage will be directed into the existing City maintained storm sewer channel along the west side of the Subdivision which discharges into the detention pond the City recently had constructed in the lower portion of the Mountainview/Russell/Christianson Addition Coulee.

The developer intended to fulfill the subdivision's park obligation by escrowing the applicable park fee. At such time the developer formally reserves open space in the coulee to accommodate not only drainage facilities but wildlife habitat, trails and observation points, the escrowed park fee will be released to the developer. Several details remain to be worked out and agreed upon regarding establishment of the open space including whether the City accepts ownership and maintenance responsibility or if it will be privately owned and maintained.

The Planning Board during a meeting held June 26, 2001, passed a motion recommending approval of the final plat of Whispering Ridge Addition, Phase 2, and annexation of the property, subject to the following conditions: 1) The applicant execute an Annexation Agreement and submit the appropriate supporting documents referenced in the Agreement; 2) Public Works approve the final engineering drawings and specifications including provisions for a five foot concrete sidewalk along the west side of that portion of 38th Street South which may be bordered by unplatted unincorporated property; 3) Any errors or omissions noted by staff shall be corrected as part of the final plat; 4) All applicable fees be paid; and 5) Until the open space related to the subdivision and a viable entity to assume responsibility for the open space are established, the owner shall escrow the following amount: (11% x number of net acres x current fair market value per acre). This escrow shall be released upon establishment of said open space. Should the open space not be established in a reasonable time, the funds in the escrow shall be deposited in the City Park Trust Fund.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9177 expressing intent to annex Whispering Ridge Addition, Phase 2, and setting a public hearing on the annexation for August 21, 2001, at 7:00 P.M.

Motion carried 4-0.
 

Once adopted, Ordinance 2806 will assign a zoning classification of "A" Residence Use, "B" Area District, to Whispering Ridge Addition, Phase 2, upon annexation of same to the City. The property is located south of 15th Avenue South between 35th and 39th Streets South.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2806 on first reading and set a hearing for 7:00 P.M. August 21, 2001.

Motion carried 4-0.
 

In the 1970s, the City Commission adopted the Federal food code at the request of the City-County Health Department. By adopting this code, the City-County Health Department was better able to handle public health concerns on a local level. The code required that all food service establishments obtain a permit prior to operation. It allowed the City-County Health Department to temporarily suspend the permit if health hazards were found. The procedure was fairly simple and timely. Previously, the only recourse was to go through a complicated and lengthy process of the State food service license revocation. Since the City County Health Department's goal was to prevent health hazards and not permanently close establishments, it seemed logical to initiate the local permit process which allowed for temporary suspensions.

In the 1980s, the code was expanded to not only include restaurants, but all food preparation facilities. The proposed revisions adopt the new 2000 MDPHHS Food Code requirements as well as clear up some definitions and allow for additional food service training for new and problem establishments.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2803 on first reading and set the final reading for August 7, 2001.

Motion carried 4-0.
 

CONSENT AGENDA

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept the Consent Agenda as printed.

Motion carried 4-0.
 

BOARDS AND COMMISSIONS

William Ramsey and Bob Veitch were appointed to the State Fair Advisory Board on June 16, 1998. Their terms expired June 30, 2001.Therefore, it was necessary to make reappointments to this Board. Both Mr. Ramsey and Mr. Veitch were interested in and eligible for reappointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint William Ramsey and Bob Veitch to the State Fair Advisory Board for three-year terms beginning July 1, 2001, and expiring June 30, 2004.

Motion carried 4-0.
 

The term of Jason Dykstra expired on June 30, 2001. Mr. Dykstra was not eligible for reappointment; therefore, it was necessary to appoint one new member to the board.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Curtis G. Thompson as a member of the Great Falls Housing Authority for a five-year term through June 30, 2006.

Motion carried 4-0.
 

Lyle Heavyrunner was appointed to the Lewis & Clark Bicentennial Commission in June of 2000. Due to Mr. Heavyrunner's lack of attendance at Lewis & Clark Bicentennial Commission meetings, the Commission voted at its March 26, 2001, meeting to request the City Commission replace Mr. Heavyrunner.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission appoint Mike Gamble to the Lewis & Clark Bicentennial Commission for a term through December 31, 2006.

Motion carried 4-0.
 

John Wallace was appointed to the Business Improvement District July 1, 1999. Mr. Wallace has resigned from the Board; therefore, it is necessary to appoint one member to fill the remainder of his term.

Commissioner moved, seconded by Commissioner, that the City Commission appoint James Gunderson to the Business Improvement District to fill the remainder of a four-year term, expiring June 30, 2003.

Motion carried 4-0.
 

ADJOURNMENT