PUBLIC HEARINGS

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. 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 Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9169. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9169.

Motion carried 5-0.
 

On July 17, 2001, the City Commission set an August 7, 2001 public hearing date on Resolution 9162. The Boulevard Maintenance District assessment for fiscal year 2001/2002 was proposed to be $289,725, the same amount assessed in FY 2000/2001 which will result in an assessment of $61.71 for an average lot of 7500 square feet.

In order to legally provide for the assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9162. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9162.

Motion carried 5-0.
 

On July 17, 2001, the City Commission set an August 7, 2001, public hearing on Resolution 9163, the Portage Meadows Maintenance District Assessment resolution.

The Portage Meadows assessment for fiscal year 2001/2002 was proposed to remain at $19,389, the same amount assessed in FY 2000/2001 which would result in an assessment of $173 for an average lot of 7500 square feet.

In order to legally provide for the assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9163. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9163.

Motion carried 5-0.
 

On July 17, 2001, the City Commission set an August 7, 2001, public hearing date for Resolution 9164, Street Maintenance District Assessment resolution. Staff proposed that the Street Maintenance assessment for fiscal year 2001/2002 remain the same per parcel as in fiscal year 2000/2001 with anticipated collections totaling $1,580,117.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9164. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9164.

Motion carried 5-0.
 

On July 17, 2001 the City Commission set an August 7, 2001 public hearing date on Resolution 9175, Sanitation Service Rates for Fiscal Year 2001/2002. OCCGF 8.32.350 requires the Commission adopt a resolution establishing rates to defray the costs of sanitation services for the fiscal year. Staff proposed continuing the existing residential rates and increasing the commercial rates by 3%. The last sanitation rate increase was in Fiscal Year 2000/2001 for 3%. These rates are part of the FY 2001/2002 budget.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9175. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9175.

Motion carried 5-0.
 

Consolidation of SLD's 992, 1067B, 1235, 1262, 1263, 1265, and 1277 into a single street lighting district (SLDC) was proposed in addition to a minor modification adding three new lights in the Tietjen Triangle area generally located at the intersection in accordance with MCA 7-12-4354. Boundaries of the consolidated lighting districts were outlined in an exhibit.

MCA 7-12-4335 authorizes once a year boundary change to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change. The proposed modification and consolidation would result in an annual assessment of $116.17 for an average lot size of 11,106 square feet in the modified area. All light fixtures, poles and wiring, existing and proposed were of similar size, type and material found within commercial areas throughout the city.

At a Neighborhood Council meeting, citizens expressed a safety concern and requested increased lighting at the intersection of Fox Farm Road and Alder Drive, the Tietjen Triangle area. Their concerns centered on the fact that there had been an increase in a variety of social functions and an increase in pedestrian traffic to the area. The neighbors felt more street lighting would help prevent, as well as provide better lighting for vehicle traffic, any pedestrian incidents.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9183. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioners Rosenbaum and Jovick-Kuntz, that the City Commission adopt Resolution 9183.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

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 Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2803.

Motion carried 5-0.
 

If approved on final reading, Ordinance 2807 will add Section 17.09.520 to the OCCGF to add a definition for 'wind-powered generator'; add a new Chapter 17.79 Supplementary Regulations; and add a new Section 17.79.010 providing standards for wind-powered generators.

The Community Development Department received inquiries about placing wind powered electric generators in the City. At present, the City has no standards for wind generators, nor for any other structure of this nature. Also, there was no definition of the term "wind powered generator." Staff conducted basic research on wind powered generators as to what operating requirements and potential hazards were associated with them so that appropriate regulations could be drafted. Generally, the mounting height of the turbine must be 30 feet above any obstruction within 280 feet to prevent turbulence. The two main hazards associated with the generators was blade failure (the blade can actually separate from the turbine assembly and become a projectile) and tower failure (falling tower). Staff also consulted with a local dealer/installer who recommended some guidelines based on actual experience.

Based upon the research conducted, staff concluded that wind powered generators were not suited for lots of less than one-half acre in size. This meant that they should not be permitted within most residential areas of the city. Because different makes and models of generators have different characteristics and because every installation was at least somewhat unique, some regulations could and should be variable as opposed to uniform. Staff recommended the setback be seven times the blade diameter or two times the turbine mounting height, whichever was greater. This requirement addresses both types of potential hazards.

Staff further concluded that generators could be effectively regulated as accessory uses in commercial and industrial districts with standards such as those stated previously, but in residential districts a Conditional Use Permit would be required. This allows residential installations to be examined on a case-by-case basis, and because each make and model of generator has different noise levels, it afforded the City the opportunity to ensure that noise standards would be met.

The City-County Planning Board opened a public hearing on the proposed code amendments on June 26, 2001. Issues including safety provisions for towers, aesthetics, and the need for an engineer with expertise in tower design and installation to review the proposed standards were raised during the public hearing.

Staff added language to address safety and aesthetics and attempted to contact someone qualified to comment on the proposed standards from a structural engineering standpoint. Staff also met with the Community Development Director and Building Official to determine what permits and certifications would be required by the City. Anyone proposing to erect a wind powered electrical generator within the city limits would be required to obtain a building permit and an electrical permit. Most manufactured towers are sold as kits that must then be assembled and installed by the home or business owner, or by a licensed contractor. Manufactured tower kits (such as those for ham radio) usually have a manufacturer's certification as to their structural integrity, at least for wind loading and seismic activity. That certification would be accepted by the City. In the event a manufactured tower did not have such a certification, the Building Official would require an engineer to provide certification. In any event, the City would require an engineered foundation upon which to mount any such tower. The electrical permit and inspection would be required to ensure that the inter-tie was properly installed and that shorting danger is avoided.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept Ordinance 2807 on first reading and set the final reading and public hearing date for September 4, 2001.

Clay Braden, 2704 4th Avenue NW, stated that he understood there would be a annual permit for each wind generator and that would discourage anyone from installing wind generators because there would be uncertainty in the permit renewal process.

Commissioner Rosenbaum asked if the Commission should place a sunset clause in the ordinance due to the fact that technology for wind generation was changing so quickly. Peggy Bourne, City Clerk, replied that staff was prepared to monitor the technology and prepare amendments to the ordinance as required.

There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0.
 

City staff received the taxable valuation for the City of Great Falls from the Department of Revenue. The proposed mill levy was 111.32 mills, which provided for: a 1.28% tax levy increase as allowed by HB124 Section 94; the voter approved 2 mill increase for the Library; the normal tax revenue growth from the $1,011,770 in newly taxable property; and the recalculated 2000 tax levy required by SB501.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9182.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

Ron Hagen was appointed to the Design Review Board on May 1, 2001, as an alternate member. Mr. Hagen was employed by Sletten Construction Company and was transferred to their Boise office and therefore resigned from the Board making it necessary to appoint one member to fill the remainder of his term.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Beecher, that the City Commission appoint Clifford Garness to the Design Review Board as an alternate member to fill the remainder of a three-year term, expiring April 30, 2004.

Motion carried 5-0.
 

CITY COMMISSION

PETITIONS AND COMMUNICATIONS

ADJOURNMENT