PUBLIC HEARINGS

Community Development Director Mike Rattray reported that the owner of the property located on the North 102' of Lot 1, Block 459, Great Falls Townsite Addition, Great Falls, Cascade County, Montana, was issued a "Notice of Hearing" before the City Commission of Great Falls to appear at 7:00 p.m., June 18, 2002. The hearing was to show cause why the owner of the property should not be liable for the costs incurred in razing the structure located at 700 5 Avenue South. The following expenses were incurred:

Mayor Pro Tempore Beecher opened the public hearing. There being no one to speak for or against Resolution 9237 the public hearing was closed.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9237.

Motion Carried 4-0.
 

Staff reported that the owner of property located on the East 18 ½' of Lot 4 and West 10 ½' of Lot 5, Block 409, Great Falls Townsite Addition, Great Falls, Cascade County, Montana, was issued a "Notice of Hearing" before the City Commission of Great Falls to appear at 7:00 p.m., June 18, 2002. 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 914 ½ 2 Avenue South. The following expenses were incurred:

Mayor Pro Tempore Beecher opened the public hearing. There being no one to speak for or against Resolution 9238 the public hearing was closed.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9238.

Motion carried 4-0.
 

Budget Officer Melissa Kinzler reported that the General Fund real property tax levy proposed increase was from $6 million to $6.3 million. This was approximately a $300,00 increase in real property taxes due to:

$91,000 or 1.2% increase allowed by State law for inflation
$196,000 or 2.7% increase allowed by State law for health insurance premium increases.

Although operating cuts were made City wide, some expenses were out of the City's control such as an anticipated 18% increase in electricity charges, and a 7% increase in liability insurance. The total proposed property tax levy increase was 3.9%.

Mayor Pro Tempore Beecher opened the public hearing. There being no one to speak for or against Resolution 9235 the public hearing was closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9235.

Motion carried 4-0.
 

Prior to adoption of the City's annual budget the City is required to hold two public hearings on the proposed annual budget, and its intent to budget an increase in revenue from property taxation (a separate agenda item).

The City developed its annual budget.

• The City started the annual budget process with a series of public work sessions.
• The budget was developed in accordance with City Commission direction.
• The proposed budget was presented by the City Manager at the City Commission Work Session and Meeting on June 4, 2002.
• The public hearing on the budget was proposed to be opened June 18, 2002, and be continued on July 16, 2002.
• The budget adoption and setting of the tax levies were proposed for July 16, 2002.

Extending the budget hearing over two Commission Meetings provided reasonable time to review the budget, receive additional input, and consider budget modifications.

Mayor Pro Tempore Beecher opened the public hearing. There being no one to speak for or against Resolution 9236 the public hearing was closed.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission continue the budget hearing to the City Commission meeting on July 16, 2002.

Commissioner Rosenbaum stated that with increases out of the City's control, he felt that staff did well to hold the line on expenses.

Motion carried 4-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

City Attorney Dave Gliko reported that TCI Cablevision (AT&T Broadband) requested the City to formally accept the assignment of the franchise agreement from TCI to Bresnan Communications Inc. State statute requires that franchise agreements be acted upon by ordinance. Ordinance 2829 was written to accommodate TCI's request formally amending Ordinance 2620.

In 1983, the Great Falls City Commission adopted Ordinance 2303 establishing a franchise agreement with Group W Cable Company. In 1991, a new franchise agreement with TCI was approved. It provided for a 27 year term at the request of TCI. The City receives 5% of TCI's gross revenues as compensation from TCI for unlimited use of the City's rights-of-way and easements. It was not anticipated that the assignment of the franchise agreement to Bresnan Communications would negatively affect the franchise fees collected nor impact the level of cable service offered within the City of Great Falls.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2829 on first reading and set a final reading date for July 16, 2002.

Tom Glendenning, of Bresnan Communications stated that there would be no changes from the original franchise agreement that the City had with TCI.

Clayton Braden of 2708 4 Ave. NW asked if the new franchise agreement would have an effect on the fees either collected by or paid by the City.

Acting City Manager Cheryl Patton responded that the City receives 5% of TCI's gross revenues, and that the percentage amount would not change.

Motion carried 4-0.
 

City/County Planning Director Bob Horne reported that last April, the City and County Commissions conditionally approved the preliminary plat of Meadowlark Addition No. 2.

Standard City paving, curb and gutter and City water and sanitary sewer mains were planned to be installed in the portions of Alpine Drive and Ferguson Drive being dedicated on the subdivision plat.

Surface drainage from the subdivision will flow easterly on Alpine Drive to Ferguson Drive on the east side of Grande Vista Park.

The developer would escrow funds to cover the subdivision's proportionate share of the costs for future standard City roadway and water main improvements in the abutting portion of Flood Road.

The Planning Board, during a meeting held May 28, 2002, recommended approval of the final plat of Meadowlark Addition No. 2 and annexation of the area contained therein subject to the following conditions:

1. The applicant shall execute an Annexation Agreement acceptable to the City of Great Falls and shall submit the appropriate supporting documents referenced in the Agreement.
2. All applicable fees and charges due as a consequence of either plat or annexation approval shall be paid by the applicant.
3. Any errors or omissions on the final plat noted by staff shall be corrected.

It was anticipated the conditions would be completed prior to the annexation hearing on July 16, wherein the Commission will be provided a copy of the final plat and Annexation Agreement.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9243 expressing intent to annex Meadowlark Addition No. 2 and setting a public hearing on the annexation for July 16, 2002.

Motion carried 4-0.
 

Staff reported the subject property is presently zoned in the County as "R-2" Low Density Residential District and the applicant has requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City.

Section 76-2-304 Montana Code Annotated lists criteria and guidelines, which must be considered in conjunction with establishing municipal zoning on land:

1. is designed in accordance with the growth policy (comprehensive plan);
2. is designed to lessen congestion in the streets;
3. will secure safety from fire, panic or other dangers;
4. will promote health and the general welfare;
5. will provide adequate light and air;
6. will prevent overcrowding of land;
7. will avoid undue concentration of population;
8. will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
9. gives reasonable consideration to the character of the district;
10. gives reasonable consideration to the peculiar suitability of the property for particular uses;
11. will conserve the value of buildings; and
12. will encourage the most appropriate use of land throughout the municipality.

Subject property is located on the fringe of the City, which has been attracting high quality single family dwelling units. The subdivision is a natural projection of urban growth.

It is anticipated the planned single family use of the property would be compatible with neighboring uses. Therefore, staff concludes the above-cited criteria are substantially met, providing the conditions in the recommendation are fulfilled.

The Planning Board, at the conclusion of a public hearing held March 26, 2002, recommended the City Commission assign a zoning classification of "A" Residence Use, "A" Area District, to Meadowlark Addition No. 2, upon annexation to the City.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum , that the City Commission accept Ordinance 2828 on first reading and set a hearing for July 16, 2002.

Motion carried 4-0.
 

Acting City Manager Cheryl Patton reported that the City Commission and the citizens of Great Falls, Montana, wanted to honor the outstanding legacy of public service made to the State of Montana and the United States of America by the late Mike Mansfield, by renaming the theatre and the convention center in the Civic Center "The Mansfield Center for the Performing Arts". Adoption of Resolution 9249 would formally make this change.

The Civic Center facility was constructed as a WPA project in 1939-1940. The building is registered as a National Historic Landmark and was designed and built with offices for city government, a theatre, a ballroom, and an ice rink. In 2001, former Senator Mike Mansfield past away. Due to his tremendous contributions to Great Falls, Cascade County, the State of Montana and the Country, it is fitting and proper to recognize his life of accomplishments. Renaming the Theater and the Convention Center of the Civic Center the Mansfield Center for the Performing Arts is a way in which our community can show its appreciation for all that Mr. Mansfield did.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9249.

Motion carried 4-0.
 

Fairgrounds Manager Patty Gumenberg reported that the City Commission created the Four Seasons Advisory Board on September 18, 2001. Since its creation, the Board has met several times. When establishing their staggered terms of office, the Board determined that the representative from the Fair Board would, in most cases, not be able to fulfill their 3-year term on the Four Seasons Board due to different appointment dates to both boards (The Fair Board and the Four Seasons Board). The Four Seasons Board respectfully requested that the City Commission amend Resolution 9190 to remove the stipulation that the Commission appoint the Fair Board representative and allow the Fair Board to select their representative and that person serves a 1 year term on the Four Seasons Board. Resolution 9250 provides for that minor modification.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9250.

Motion carried 4-0.
 

CONSENT AGENDA

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

Motion carried 4-0.
 

BOARDS AND COMMISSIONS

The term of Bob Lander expired on April 30 2002. Mr. Lander was not interested in reappointment. Therefore it was necessary to appoint one member as the Malmstrom League representative.

Commissioner Hinz moved, seconded by Commissioner Jovick-Kuntz that the City Commission appoint Kevin Fisher to the Golf Advisory Board as the Malmstrom representative for a three-year term expiring March 31, 2005.

Motion carried 4-0.
 

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