PUBLIC HEARINGS

Acting Planning Director Bill Walters provided a summary stating that two years ago, the City and County Commissioners conditionally approved the preliminary plat of 2nd, 3rd, 4th and 5th Supplements to Skyline Heights Addition. The preliminary plat consisted of 38 single-family residential lots located south of 36th Avenue Northeast and east of 9th Street Northeast. The final plat of 2nd Supplement to Skyline Heights Addition, consisting of 11 lots, was approved and annexed to the City in July, 2000. The developers of the subdivision, Joe Aline and Gene Shumaker, now desire to complete the plat and annexation for 3rd Supplement to Skyline Heights Addition. The subdivision will include 9 single-family residential lots and dedicated segments of 10th Street Northeast and 35th Avenue Northeast.

The property is presently zoned in the County as "A" Agricultural District, and the applicant has requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City.

Mayor Gray declared the public hearing open.

There being no one to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher that the City Commission adopt Resolution 9222.
Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Ordinance 2821.
Motion carried 5-0.
 

Acting Community Development Director Joe LaForest provided a brief history on the property. The owner of the property was given sixty days from December 19, 2001, to obtain either a repair or razing permit. Neither a permit nor an appeal was filed for during the allotted time set by the Uniform Building Code. Proposals for razing the structure were taken with the contract awarded to Absolute Construction on February 25, 2002. Razing was completed on February 28, 2002.

Mayor Gray declared the public hearing open.

There being no one to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9219.

Motion carried 5-0.
 

Joe LaForest communicated to the Commission that the problem of the nuisance property has been on going since January of 2001. The attempts to reach the owner have gone unanswered. The nuisances found on the property consist of a dilapidated house trailer, Dodge van, Chevy pickup, scrap lumber, appliances, broken concrete, railroad ties & scrap metal, piles of dirt, grass & weeds in excess of 8 inches, limbs, brush, rubbish, etc.

Mayor Gray declared the public hearing open.

John Kvamme of 4727 2 Ave. N. #22 spoke on behalf of the owner Larry Frates. He stated that someone has been hired to clean up the property and that removal will be complete when the truck that is being used for the removal is able to be started. The vehicle runs, but with the cold weather, it has created a slight problem. There was also mention of nuisance weeds that were in excess of City Code. Mr. Kvamme said that they were removed quite some time ago. Commissioner Hinz asked staff what the time line is of finding a contractor and getting the work done. City Manager, John Lawton said that it would be 30 days from adoption of this resolution before any clean up work would be done by a contractor hired by the City. He added that if the property was being cleaned up, there could be an extension granted. Commissioner Beecher added that if the owner showed good faith Community Development would work with them. Commissioner Hinz also wanted it known that Community Development was not out looking for problem properties, but that these types of problem properties were complaint driven.

There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9221.
Motion carried 5-0.
 

Bill Walters, Acting Planning Director, gave the Commission some background information on the rezoning request. He stated the owner wants to clear the property and place a rental storage facility there. The City/County Planning Board passed a motion recommending the City Commission rezone Lot 20, Block 2, Fifteenth Addition, from "A" Residence Use, "A" Area District, to "GC" General Commercial, "C" Area District, with casinos, bars, nightclubs and establishments featuring live musical entertainment prohibited, subject to the following conditions being fulfilled by the applicant prior to issuance of a building permit for the rental storage facility:

1. the plan for development shall be substantially in accordance with the site plan accompanying the rezoning application;
2. the City Engineer's Office review and approve the final plans for storm drainage improvements to serve the development and the Utilities Supervisor shall review and approve the plan to plug and abandon existing water and sewer services that will not be used in the future development;
3. the City Forester review and approve the final landscape plans for the development; and
4. the Design Review Board review and approve final plans for building design, exterior lighting and signage

Mayor Gray opened the public hearing. Joy Schneck said that she felt that the storage unit would be an asset to the area.

There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2820.
Motion carried 4-1 (Commissioner Hinz dissenting)
 

Jon Thompson, City Forester, and Acting Park and Recreation Director, stated that the City received a development proposal from Voice Stream, a cellular phone company, which would involve the lease of a portion of Clara Park, Ella Avenue and 44th Street South. Since the proposal included the lease of park property, OCCGF 3.04 requires the City advertise for bids, conduct a public hearing, and award to the highest responsible bidder.

The City advertised for development proposals in the Great Falls Tribune. Bids were opened on March 20, 2002 with Voice Stream the only bidder.

The lease will be for five (5) years, with a renewable option for an additional three (3), five (5) year periods. Voice Stream will compensate the City $13,150 for the first year, and will increase 3% annually during the duration of the agreement. This rental will be split equally between the Park and Recreation Department and Public Works Water Plant.

Mayor Gray declared the public hearing open.

Joy Rutherford, an employee of Voice Stream, asked that the Commission give the lease agreement consideration.

There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Jovick - Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept the lease agreement with Voice Stream.
Motion carried 5-0.
 

OLD BUSINESS

Assistant City Attorney, Kory Larsen presented amended Ordinance 2819. After due notice to the registered owner, this ordinance will establish the procedure for the removal and disposition of abandoned and junk vehicles from public property and illegally parked vehicles on private property within the City of Great Falls. The notice requirements were changed from 7 to 10 days (exclusive of weekends and federally mandated holidays in all cases).

Mayor Gray asked if there was any public comment on the amended Ordinance.

Those speaking in support were: Greg Kecskes, 1204 1st Ave. S., Jeff Mangen, 1223 2nd Ave. N., Mike Witsoe 510 5th Ave. S. and Carl Donovan, 725 4th Ave. S.. All agreed that junk and abandoned vehicles were a problem in this community that needed to be resolved. Mr. Witsoe also asked if the Ordinance could be printed in the Great Falls Tribune, either at the expense of the City or the Tribune itself.

Clayton Braden of 2708 4th Ave. N.W. said that he felt that the City had violated the "Right of Participation" stating that the revision was not available to the public 48 hours prior to the Commission meeting. He did however thank the Commission for the changes.

John Lawton responded to Mr. Braden.

Kevin Aguiar, 726 4th Ave. S. said that the "teeth" have been stripped from the original Ordinance. He explained that he has a difficult neighbor and that the amended version of the Ordinance would not assist him with the problem. Mayor Gray responded by stating that the City of Great Falls has a nuisance abatement ordinance, and that he may need to contact Community Development with details. John Lawton said that he would look into it and report back to the Commission.

Commissioner Hinz said that she felt the amended ordinance was a good compromise. Commissioner Jovick-Kuntz stated that at the last Commission meeting it was said that there was a total of 1200 complaints last year, and that it outweighs the 250 (plus or minus) petitions against the original ordinance. Commissioner John Rosenbaum said that he doesn't believe that the "teeth" have been taken out of the ordinance. He said does believe Staff met the intent.

Mayor Gray closed stating that the Commission meetings give the people of Great Falls a voice, and that they encourage to coming to the City Commission for help.

Mayor Gray then called for a motion.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, to remove Ordinance 2819 from the table.
Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Hinz to adopt Ordinance 2819 as amended.
Motion carried 5-0.
 

NEW BUSINESS

Bill Walters, City/County Planning Department said that if approved on the final reading, Ordinance 2822 will rezone Lot 1, Block 1, Charles Russell Addition, from "LB" Local Business District to "GC" General Commercial District. The property is presently occupied by a convenience store addressed as 3200 10th Avenue South, which the owner desires to remodel and expand to also accommodate a casino.

Mayor Gray asked if there was anyone present who wanted to comment.

Commissioner Hinz stated that she was willing to listen to anyone, and that she felt that there were three criteria to look at when making a rezoning decision. First will the rezone lessen street congestion? Second, will it promote general welfare? Third, will it conserve the value of the surrounding property? Mayor Gray continued with details of the rezone issue, and that his concern was for the neighbors of the proposed site.

There being no one to address the City Commission, Mayor Gray called for a motion.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, to accept Ordinance 2822 on first reading, and set the final reading and public hearing for May 7, 2002.

Motion carried 5-0.
 

Staff proposed that all outside gate admission fees remain the same as in 2001. The fees were base rates and were the highest amounts patrons would pay. Sponsor discounts such as $1 off daily gate admission and other promotions will be available.

Fees for the pay-one-price night show package were to remain at the same 2001 levels. The package will include five concerts and one night of PRCA Rodeo; just $5.41 per night of entertainment for general admission tickets purchased prior to June 15. The ticket also includes a coupon for one outside gate admission or $5 off a season admission ticket. Again this year, a single ticket will be offered; staff proposed $22 for the single tickets. The single ticket will be available on the day of the show only, providing tickets are still available. Fairgoers will still be encouraged to buy the package. There will also be a rock concert on a separate ticket. The fees for the rock concert were proposed to be at $25 & $28. That includes outside gate admission.

PRCA Rodeo tickets were proposed to stay at the same rate as 2001 with general admission tickets for $8 and reserved tickets for $12. Demolition Derby tickets would also stay at the same rate as 2001; $12 for reserved tickets, $8 for general admission and $6 for standing room only tickets. Standing room only tickets would be sold only if the grandstand is sold out.

All night show, Rodeo and Demolition Derby tickets will also include an additional .50 levied for the computerized ticketing system.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher to adopt Resolution 9223.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

The purpose of the Board is to protect and promote the general welfare of the citizens and their quality of life. The Board is comprised of two architects, two individuals chosen for their demonstrated interest in and knowledge of the cultural and environmental heritage of Great Falls, one alternate architect, and a City staff member.

The terms of Stephen L'Heureux and Dorothy Thiel expired on March 31, 2002. Both Mr. L'Heureux and Ms. Thiel served two three-year terms and were not eligible to be reappointed. Therefore, according to the bylaws of the Design Review Board, Mr. Garness needed to be moved from the alternate position into a full time position and two new members must be appointed.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz that Clifford Garness be designated a regular member for the remainder of his term through April 30, 2004. And that Martin Byrnes be appointed for a three-year term through March 31, 2005 and also that Derek Didriksen be appointed for a three-year term through March 31, 2005 as an alternate.
Motion carried 5-0.
 

At this time Donald Fish, P.O. Box 6596 asked to address the Commission. Mayor Gray invited him to the podium to speak. Mr. Fish is a substance abuse counselor at the Indian Family Health Clinic. He wanted to clarify that the Clinic was not part of the now defunct Native American Center. Mr. Fish stated that the Clinic was a new business, and that it provides much needed, valuable services to the community. (Medical as well as substance abuse services). Also speaking on behalf of the Indian Family Health Clinic was Cindy Dolan, 3921 17 Ave. S. Mayor Gray suggested that Mr. Fish gather supporters and come to the May 7, 2002 Commission meeting. He also suggested that he contact Trudy Rosenbaum.

The Parking Advisory Commission is comprised of five members appointed by the City Commission and one ex-officio member appointed by the Business Improvement District. The Commission advises the City Commission, City Manager, and Community Development Staff on matters related to parking issues within the Parking Districts.

The terms of James E. Larcombe and Joseph Fox expire on April 30, 2002. Both Mr. Larcombe and Mr. Fox were eligible for and interested in reappointment. The terms of Marty Byrnes and Mary Glynn expire on April 30, 2002. Neither Mr. Byrnes or Ms. Glynn were eligible to be reappointed. Therefore, it was necessary to appoint two new members to replace their positions on the Commission. Also, Jane Dritshulas resigned from the Parking Advisory Board, effective April 1, 2002. One additional member would be needed to fill the remainder of Ms. Dritshulas' term, through April 30, 2003.

Commissioner Hinz moved, and Commissioner Rosenbaum seconded that the City Commission reappoint Joseph Fox and James E. Larcombe for three-year terms through April 30, 2005; and appoint Inge Buchholz and Douglas Lorello for three-year terms through April 30, 2005, and appoint Donn Lassila to fill the remainder of the three-year term vacated by Jane Dritshulas through April 30, 2003, to the Parking Commission.

Motion carried 5-0.
 

CITY COMMISSION

PETITIONS AND COMMUNICATIONS

ADJOURNMENT