PUBLIC HEARINGS

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 consists 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, and 3rd Supplement, consisting of 9 lots, have been approved and annexed to the City. The developers of the subdivision, Joe Aline and Gene Shumaker, wanted to complete the plat and annexation for 4th Supplement to Skyline Heights Addition. The subdivision includes 8 single-family residential lots and a dedicated segment of 35th Avenue Northeast.

Additionally, the property was zoned in the County as "A" Agricultural District, and the applicant requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9254 or Ordinance 2826. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Resolution 9254 and approve the final plat and annexation and improvements agreement for 4th Supplement to Skyline Heights Addition.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2826.

Motion carried 5-0.
 

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.

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: 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; all applicable fees and charges due as a consequence of either plat or annexation approval shall be paid by the applicant; and any errors or omissions on the final plat noted by staff shall be corrected.

The subject property was zoned in the County as "R-2" Low Density Residential District. The applicant requested the property be zoned "A" Residence Use, "A" Area District, upon annexation to the City. MCA 76-2-304 lists criteria and guidelines, which must be considered in conjunction with establishing municipal zoning on land: is designed in accordance with the growth policy (comprehensive plan); is designed to lessen congestion in the streets; will secure safety from fire, panic or other dangers; will promote health and the general welfare; will provide adequate light and air; will prevent overcrowding of land; will avoid undue concentration of population; will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; gives reasonable consideration to the character of the district; gives reasonable consideration to the peculiar suitability of the property for particular uses; will conserve the value of buildings; and will encourage the most appropriate use of land throughout the municipality.

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.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to either Resolution 9255 or Ordinance 2828. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9255 and approve the final plat and annexation agreement for Meadowlark Addition No. 2.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2828.

Motion carried 5-0.
 

Prior to adoption of the 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 by holding 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 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 also 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 Gray declared the continued public hearing open. No one appeared to speak in support of or opposition to Resolution 9236. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9236.

Motion carried 5-0.
 

OCCGF 8.49 prescribes that the City Commission conduct a public hearing when Staff recommends a nuisance should be abated on some property. Prior to staff making this recommendation, the following action was taken: initial complaint taken on April 10, 2002; initial inspection of property made on April 11, 2002; property did not meet City requirements; first letter mailed certified with 30-day time period on April 12, 2002; first letter signed for on April 16, 2002; 30-day inspection made on May 16, 2002; photographs taken on May 18, 2002; a citation issued on May 13, 2002; second set of photographs taken June 4, 2002; ownership and encumbrance report ordered on June 4, 2002; "Notice of Public Hearing" posted on property on July 5, 2002; and "Notice of Public Hearing" published in Tribune on July 6, 2002.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9244. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9244.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

ORDINANCES/RESOLUTIONS

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. TCI was about to rebuild the cable system in Great Falls to include a fiber backbone in the cable television infrastructure. 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 is not anticipated that the assignment of the franchise agreement to Bresnan Communications will negatively affect the franchise fees collected nor impact the level of cable service offered within the City of Great Falls.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2829.

Motion carried 5-0.
 

City Staff received the taxable valuation for the City from the Department of Revenue. Accordingly, the City then computed and proposed the annual mill levy.

The proposed mill levy was 119.00 mills, which provided for: a 1.27% tax levy increase as allowed by MCA 15-10-420 for inflation; a 2.7% levy increase or 3 mill increase as allowed by MCA 15-10-420 for health insurance premium increases; and, normal tax revenue growth from the $1,302,597 in newly taxable property.

The public hearing on our Intent to Increase Property Taxes 3.9% was held on June 18, 2002, in accordance with MCA 15-10-203.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9239.

Motion carried 5-0.
 

In April, the City and County Commissions conditionally approved the preliminary plat of Skyline Park Addition, Phases 8-16, a 127 lot single family residential subdivision located north of Skyline Education Center. Jim Workman Construction requested to final plat and complete the annexation process for Phase 8, consisting of 15 lots along segments of 4th Street Northeast and 37th Avenue Northeast. Water and sanitary sewer mains, paving, curb and gutter will be installed in the segments of 4th Street Northeast and 37th Avenue Northeast.

A storm sewer main is planned to be installed from the west boundary of the City's Northeast Regional Storm Water Retention Facility, which will be extended through the subdivision for Phase 8.

The Planning Board, during a meeting held May 28, 2002, recommended approval of the final plat of Skyline Park Addition, Phase 8, and annexation of the area contained therein subject to the following conditions: 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; all applicable fees and charges due as a consequence of either plat or annexation approval shall be paid by the applicant; any errors or omissions on the final plat noted by staff shall be corrected; and final engineering documents for the required public improvements to serve the subdivision were subject to approval by the Public Works Department.

Staff anticipated the conditions would be completed prior to the annexation hearing on August 20, 2002.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9242.

Motion carried 5-0.
 

Ordinance 2827 assigns a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 8, upon annexation. The property is located north of Skyline Education Center and the subdivision consists of 15 single family lots along segments of 4th Street NE and 37th Avenue NE.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2827 on first reading and set a hearing for 7 pm, August 20, 2002, to consider adoption of Ordinance 2827.

Motion carried 5-0.
 

If adopted, Ordinance 2830 will rezone the north 150 feet of Lot 18, Block 2, Fifteenth Addition to Great Falls, from "A" Residence Use, "A" Area District, to "LB" Local Business, "C" Area District. The property presently is occupied by two single family residential structures addressed as 1516 and 1518 9th Street South and the purpose of the rezoning is to allow construction of a medical office building.

The Planning Board conducted a public hearing on the rezoning. Bill Stuff of WRS Architecture and Design represented the applicant and answered questions from the Planning Board. No proponents or opponents spoke during the hearing.

The Planning Board, at the conclusion of the public hearing, passed a motion recommending the City Commission approve the rezoning from "A" Residence use, "A" Area District, to "LB" Local Business, "C" Area District classification.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2830 on first reading and set a final reading and public hearing date for August 6, 2002.

Motion carried 5-0.
 

Consolidation of Special Lighting Districts No. 900, 955 and 1040 into a single trilateral lighting district, Special Lighting District – Trilateral Lighting "SLD-T" No. 1297, was proposed in addition to some minor modifications to the boundaries in accordance with 7-12-4354, MCA. Trilateral lighting districts are formed when three entities work together to install street lighting along an arterial roadway. In this instance the roadway was 10th Avenue South and the three entities involved were the City of Great Falls, Northwestern Energy (formerly: Montana Power) and the Montana Department of Transportation. With the newly consolidated and modified lighting district, lighting costs would result in an estimated annual assessment of $113.41 for an average lot size of 18,683 square feet. All light fixtures, poles, and wiring, existing and proposed are of similar size, type and material found within areas throughout the City.

MCA.7-12-4335 authorizes once a year boundary changes 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.

On December 19, 2000, during a City Commission Work Session, Fiscal Services made a presentation to move toward "Special Lighting Districts Consolidation". That presentation offered the following history and proposal:

• In 1982 and 1983 over 250 individual lighting districts were consolidated into 19 districts.
• At the present time there were up to 45 current districts.
• All of the properties, within the several current lighting districts in Great Falls, were essentially benefiting from the same type of lights and service. Consolidation would bring assessments to a more equitable median.
• For assessment and administrative purposes staff proposed the consolidation of 31 districts into 4 districts with 14 districts remaining as they were currently.
• In the event future lighting was requested, modification of one of the 4 newly consolidated districts would be done so that the City was not continually creating new districts.

Description of Lighting Districts proposed for consolidation into Special Lighting District – Trilateral Lighting "SLD-T" No. 1297:

Special Lighting District (SLD) 900 was created by Resolution 4899 on March 26, 1956 for 36 lights, within the area bounded by the center line of 10th Alley South, the center line of 14th Street South, the center line and center line extended of 11th Alley South and the center line and center line extended of 2nd Street South.

SLD 955 was created by Resolution 5146 on April 14, 1958 for 47 lights along the streets and avenues, within the area bounded by the center line of 14th Street South, the center line of 10th Alley South, the center line of 28th Street South and the center line of 11th Alley South.

SLD 1040 was created by Resolution 5591 on August 6, 1962 for 13 lights in the area of 10th Avenue South, from the east line of 34th Street to the west line of 38th Street South.

After researching the special lighting districts and their boundaries, it was discovered that some properties were benefiting from the street lighting, but were not included within the boundary lines of those districts. With this consolidation, the modified boundary lines would include those properties.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9210 and set a public hearing for August 6, 2002.

Motion carried 5-0.
 

Consolidation of Special Lighting Districts No. 1061, 1165, 1222, 1226, 1258, 1259, 1273, 1276 and 1288 into a single alley lighting district Special Lighting District - Alley Lighting "SLD-A" No. 1294 was proposed in accordance with MCA 7-12-4354. This would result in an estimated annual assessment in the consolidated and modified areas of $10.81 for an average lot size of 7,953 square feet. All light fixtures, poles, and wiring, existing and proposed were of similar size, type and material found within areas throughout the City.

MCA 7-12-4335 authorizes once a year boundary changes 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.

Description of Lighting Districts proposed for consolidation into Special Lighting District – Alley Lighting "SLD-A" No. 1294:

Consolidated Special Lighting District (SLD) 1061 was created by Resolution 7727 on August 17, 1982 for 1,052 lights within various localities throughout the City.

Consolidated SLD 1165 was created by Resolution 7726 on August 17, 1982 for 426 lights within various localities throughout the City.

Consolidated SLD 1222 was created by Resolution 7729 on August 17, 1982 for 89 lights within various localities throughout the City.

SLD 1226 was created by Resolution 7775 on January 4, 1983 for 2 lights within the area bounded between 8th Alley South between 35th and 36th Streets South and within Block 7, Dudley-Anderson Addition and Block 3, Third Supplement to Sunrise Homes Addition.

SLD 1258 (#493415) was created by Resolution 8268 on April 4, 1989 for 4 lights within the area bounded by 7th Alley NW between 9th and 11th Street NW.

SLD 1259 was created by Resolution 8326 on November 8, 1989 for 2 lights within the area bounded by 3rd Alley South between 17th and 18th Street South.

SLD 1273 was created by Resolution 8596 on December 21, 1993 for 2 lights within the area bounded by 3rd Alley SW between 10th and 11th Street SW.

SLD 1276 was created by Resolution 8689 on November 1, 1994 for 2 lights within the area bounded by 3rd Alley SW between 11th and 12th Street SW.

SLD 1288 was created by Resolution 8936 on April 7, 1998 for 2 lights within the area bounded by 5th Alley SW between 7th and 8th Street SW.

After researching the special lighting districts being considered in this consolidation and reviewing their boundaries, it was discovered that there were a few discrepancies. Some lighting districts were included in prior consolidations, but the legal descriptions on their boundary lines were not listed in the original resolutions. Properties within those boundary lines have been assessed and some have not been assessed for alley lighting since the adoption of the resolution. Reference: Modifications #1 and #6.

Some properties were being assessed for alley lighting and should have been assessed, but the boundary lines as outlined in the legal descriptions from the prior consolidated resolutions, were not defined properly. Reference: Modifications #3, #5 and #8.

Research also revealed that some properties have never been included within any alley lighting district, yet the properties have benefited from alley lighting for a number of years. Those properties should be included in this consolidation and they should be assessed. Reference: Modification #2, #4, #7 and #9.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9212 and set a public hearing for August 6, 2002.

Motion carried 5-0.
 

Consolidation of Special Lighting Districts No. 11, 1070, 1212, 1213, 1224, 1228, 1254, 1256, 1274, 1278, 1284 and 1293 into a single street lighting district Special Lighting District – Residential Lighting "SLD-R" 1296 is proposed in addition to some minor modifications to the boundaries in accordance with 7-12-4354, MCA. This would result in an estimated annual assessment in the consolidated and modified areas of $77.57 for an average lot size of 10,656 square feet. All light fixtures, poles, and wiring, existing and proposed are of similar size, type and material found within the areas throughout the City.

M.C.A.7-12-4335 authorizes once a year boundary changes 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.

Brief description of Lighting Districts proposed for consolidation into Special Lighting District – Residential Lighting "SLD-R" No. 1296:

Modified Special Lighting District (SLD) 11 was created by Resolution 8520 on November 17, 1992 for 20 lights within the area bounded by Blocks 1 and 2, Lots 1 through 6, Viles and Robinson Addition, Tracts 1 through 8, Hillside Tract and Block 16, Lots 5 through 11 and Lots 12 through 18, Mount Royal Addition.

Consolidated SLD 1070 was created by Resolution 7829 on August 8, 1983 for 5,412 lights within various localities throughout the City.

Consolidated SLD 1212 was created by Resolution 7831 on August 8, 1983 for 732 lights within various localities throughout the City.

SLD 1213 was created by Resolution 7380 on September 18, 1979 for 16 lights within the area bounded by Portage Meadows #3 Addition.

SLD 1224 was created by Resolution 7718 on July 20, 1982 for 20 lights within the area bounded by Eastlands Addition.

SLD 1228 was created by Resolution 7880 on April 3, 1984 for 15 lights within the area bounded by Adobe Drive, Linden Drive, Coyote Court, Coyote Lane and Tanager Court all as contained on the Plat of Fox Farm Addition #4 and along a portion of Coyote Lane contained in Fox Farm Addition #1 and adjacent to Lots 52 through 55, Block 1, Fox Farm Addition #4.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9214 and set a public hearing for August 6, 2002.

Motion carried 5-0.
 

CONSENT AGENDA

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

Clayton M. Braden, 2708 4th Avenue NW, asked why there was a large difference between the high and low bid on Item 32. Public Works Director Jim Rearden stated that he did not know.

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

The Audit Committee is comprised of the Mayor, one Commissioner, the City Manager or Assistant City Manager, Fiscal Services Director and a private citizen. The Audit Committee provides assurance that financial disclosures made by management reasonably portray the City's financial condition, results of operations and plans and long-term commitments.

Commissioner Hinz moved, seconded by Commissioner Beecher that the City Commission postpone making an appointment to the Audit Committee.

Motion carried 5-0.
 

The term of Chuck Fuller expired on June 30, 2002. Mr. Fuller was not eligible for reappointment; therefore, it was necessary to appoint one new member to the board. Rosetta McIalwain was appointed to the Housing Authority Board in September of 2000 as a tenant member for a term through May 31, 2002; therefore, it was necessary to reappoint her to another two-year term.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission appoint Cal Gilbert as a member of the Great Falls Housing Authority for a five-year term through May 31, 2007, and reappoint Rosetta McIalwain as a tenant member for another two-year term through May 31, 2004.

Motion carried 5-0.
 

Robert Dewald and Michael Myers were appointed to the Advisory Commission on International Relationships on April 17, 2001. Mr. Dewald and Mr. Myers have resigned from the Commission; therefore, it was necessary to appoint two members to fulfill their terms.

Commissioner Beecher moved, seconded by Commissioner Hinz that the City Commission appoint Mary Ann Epley and Ella Mae Howard to the Advisory Commission on International Relationships to fill the remainder of three-year terms vacated by Robert Dewald and Michael Meyers ending December 31, 2003.

Motion carried 5-0.
 

CITY COMMISSION

ADJOURNMENT