PUBLIC HEARINGS

The owner of property, Jeramy Michael Showers, at 500 9 Avenue South, was issued a notice of hearing before the City Commission. The hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing the structure known as 500 9Avenue South. The following expenses were incurred:

On April 23, 2001, Mr. Showers was given 30 days to cleanup the property at 500 9 Avenue South. Mr. Showers did not comply and Staff received bids for the cleanup work. The low bid was awarded to Austin-Reid Demolition, Inc., who completed the work on August 20, 2001.

Mayor Gray declared the public hearing open. No one appeared to speak in opposition to Resolution 9187. Morgan Wolf, 1115 8th Avenue North, spoke in support. There being no one further to address the Commission, Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9187.

Motion carried 4-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

A facilitated session was held on May 30, 2001; Ginny Tribe of Missoula, Montana, was the facilitator. The purpose of the session was to bring together the diverse groups of users of the Four Seasons Arena and community representatives to consider and recommend how the City could better serve the diverse needs of the community with the Four Seasons Arena. Establishing an arena board for the Four Seasons Arena was a recommendation made by the participants of the facilitated session.

The purpose of the Four Seasons Arena Board is to provide recommendations to the Manager and Fair Board in oversight of the Four Seasons Arena. It is anticipated that the Board will: 1) recommend policies, procedures, and rates; 2) review revenues and expenses of the facility in order to provide a facility for the community that meets the greatest possible need and is managed and maintained as a community asset; 3) review and recommend solutions to conflicts resulting from competing uses; and 4) will actively participate in fund raising for capital equipment needed for the facility.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9190.

Morgan Wolf, 1115 8th Avenue North, encouraged the creation of this board and suggested that the American's Hockey Team have a representative on the Board. State Fair Manager Patty Gumenberg stated that the group requesting the creation of this Board recommended that ice users have one representative on the Board.

Commission Hinz asked if the Board would have budgetary control over the Four Seasons. Assistant City Manager Cheryl Patton stated they would not.

There being no further discussion, Mayor Gray called for the vote. Motion carried 4-0.
 

The southern edge of park land know as Gallatin Park in North Riverview Terrace Section 2 and Park in North Riverview Terrace Addition, Section 3, Part 1 (both Parks are also known as Jaycee Park) historically have been used as a paved street (23 Avenue NE) for the purpose of public access to the park land and the abutting private property to the south. In order to provide for proper legal public access along 23 Avenue NE between Division Road and 4 Street NE, it was necessary to vacate the southern sixty feet of both Parks and dedicate that land as street right-of-way. The need to accomplish this change of land designation became more important with further development in the Twilite Theater Tracts. Resolution 9188 vacates the southern 60 feet of the existing park land known as Jaycee Park and a concurrent amended plat would allow this land to be dedicated as public right-of-way.

The public right-of-way designation will allow 23 Avenue NE to be accepted as a public street, provide a utility right-of-way, and qualify that section of 23Avenue NE for gas tax funding.

The Park Board endorsed the proposal to vacate this park land and rededicate it as street right-of-way at the July 9, 2001, Park Board Meeting.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9188.

Motion carried 4-0.
 

Resolution 9191 sets a public hearing for October 16, 2001, to consider the annexation of the southerly portion of Lot 18, Block 2, GF 15th Addition, a vacant parcel located at the northwest corner of the intersection of 9 Street South and 17 Avenue South.

Harold Poulsen submitted applications regarding the following:

1. Annexation of the southerly portion of Lot 18, Block 2, GF 15th Addtion.
2. Rezoning the .988 acres requested to be annexed from the current County "R-2" Low Density Residential District to the City "LB" Local Business, "C" Area District.

The subject vacant parcel to be annexed is located at the northwest corner of the intersection of 9 Street South and 17 Avenue South. The applicant intends to construct a medical clinic on the site involving a two floor building totaling 15,000 square feet.

The Planning Board conducted a public hearing on the annexation on July 24, 2001. No proponents or opponents spoke during the hearing.

At the conclusion of the public hearing, the Planning Board unanimously passed a motion recommending the City Commission annex the southerly .988 acres of Lot 18, Block 2, GF 15th Addition, subject to the following conditions being fulfilled by the applicant.

1. payment of all applicable fees owed as a condition of annexation approval including:
   1. Annexation Agreement Fee -- $ 200
   2. Resolution of Annexation Fee -- $ 100
   3. Storm Sewer Fee ($250/acre x .988 acres) -- $ 247
   4. Recording fees for Agreement and Resolution
      ($6 per page x ? pages) to be determined
2. entering into an agreement with the City agreeing to the typical terms and conditions associated with annexation including:
   1. agreeing to install, within six months of occupancy of any building on subject property, standard City curb, gutter and sidewalk in the abutting portion of 17 Avenue South and sidewalk in the abutting portion of 9 Street South.
3. agreeing to participate in the costs of a public roadway lighting district and maintenance districts, lawfully created by the City.

These conditions have been met by the applicant.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9191.

Motion carried 4-0.
 

If adopted, Ordinance 2808 would assign a zoning classification of "LB" Local Business, "C" Area District, to the southerly portion of Lot 18, Block 2, GF 15th Addition, upon annexation of same to the City. The property is located at the northwest corner of the intersection of 9th Street South and 17th Avenue South.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2808 on first reading and set a hearing for 7 pm, October 16, 2001, to consider adoption of Ordinance 2808.

Motion carried 4-0.
 

CONSENT AGENDA

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

Motion carried 4-0.
 

BOARDS AND COMMISSIONS

Don Marble, owner of the property located at 900 6 Ave N, requested a variance to OCCGF 17.18.010 E. Based on the square footage of the lot (9017 square feet), a 1600 square foot garage would be allowed. The variance would allow the applicant to build a 2060 square foot garage and exceed the allowed garage area by 460 square feet.

OCCGF 17.48.010 states that "the maximum size allowance for private garages is based on the total area of the property involved, e.g., a lot 7501 square feet to 10,000 square feet in size is allowed 1600 square feet of garage".

The Board of Adjustment heard the request on August 27, 2001. Staff reviewed the application, the applicable sections of the code, and commented on the impact an oversized garage has on adjacent property owners. Staff also reported that the historical variance file showed several variances allowing reduced side and/or front setbacks, but no similar variances allowing garage area exceptions. Lot coverage/building bulk standards were not an issue, because the Area District allows forty-five percent of the lot area to be built on. With the oversized garage, the structures on the site would be approximately 400 square feet under the maximum lot coverage. Don Marble presented his application and stated that his deteriorating medical condition required that he be closer to his equipment and office. The large garage was to be used to park two vehicles and to store his wood working equipment. It will include a small office area for his business and will be built to match the appearance of his house. Don reviewed the long history of family ownership of the property, submitted several photographs of the neighborhood, and described the many commercial properties in the immediate area. He also provided two letters supporting the variance (a letter from his doctor and a letter from an adjacent neighbor), and an article describing government efforts aimed at fully integrating disabled people into their communities. Mr. John Borgreen (consultant for elderly and handicap services) spoke in favor of the variance. Mr. Borgreen wss familiar with the progressive deterioration of the illness and the effect it will have on Mr. Marble's ability to get around. Mr. Borgreen felt that the variance would be a reasonable accommodation considering Mr. Marble's condition. The Board then entered into discussion. Board comments focused on the fragile nature of therevitalization area, the fact that the allowed garage square footage (1600 square feet) would be sufficient, and the possibility that future owners of the property would assume that a commercial use of the lot was permitted. Following the discussion, there was a motion made and seconded to deny the variance, and the Board voted unanimously to recommend that the City Commission deny the variance application.

The City Commission heard the variance request during their work session held immediately before the City Commission regular meeting. Mr. Marble repeated his arguments to the Commission and requested they overrule the Board of Adjustment's recommendation for denial. It was the consensus of the City Commission to place the variance request on the formal agenda in order to grant the request.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission overrule the recommendation of the Board of Adjustment and grant the variance to OCCGF 17.48.010 to allow a 2000 square foot garage on property described as GF Townsite, Block 182, the west 10 feet of Lot 1 and all of Lot 2.

Commissioner Hinz pointed out that Mr. Marble agreed to reduce the size of his garage to 2000 square feet during the work session.

Motion carried 4-0.
 

PETITIONS AND COMMUNICATIONS

Mayor Gray invited those who had comments regarding the Ambulance Proposal to address the Commission at this point.

There being no one further to address the City Commission, Mayor Gray asked that staff find out what other communities were doing; explain in detail what the fire fighter staff assignments would be; inquire of other communities offering ambulance service if they subsidized that service with tax dollars; and to find out if insurance rates would increase.

Commissioner Hinz asked for information pertaining to the call volume at each of the Fire Stations.

Assistant City Manager Cheryl Patton stated that Staff brought this proposal to the Commission for three reasons. 1) Competition was healthy and if the City competed with the private ambulance companies it could ensure a higher quality of service at lower rates. Ms. Patton reminded the Commission that the City competes in the sanitation business and it works out quite well. 2) There was genuine concern that the community have quality ambulance service - she added that past events suggested otherwise. And 3) This proposal could reduce General Fund support for Great Falls Fire/Rescue, freeing up funds for other services such a police and parks.

Commissioner Jovick-Kuntz stated she was uncomfortable with Staff coming back in two-weeks asking the Commission to make a decision. She stated she was interested in Staff providing responses to the questions asked tonight and to report back to the Commission. Commissioners Hinz and Rosenbaum concurred.

Mayor Gray also concurred and stated that he would like Staff to do a due-diligence on running an ambulance service.

Mr. Stockton, Sr. added that Staff should not compare sanitation service to the ambulance business because the customer base was more stable for sanitation service.

ADJOURNMENT