PUBLIC HEARINGS

Adoption of Resolution 9261 annexes Skyline Park Addition, Phase 9, consisting of 6 single family lots along the northerly extension of 3rd Street Northeast. 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 is in the process of final platting and completing the annexation for Phase 8, consisting of 15 lots and now wanted to final plat and complete the annexation of Phase 9 consisting of 6 single family residential lots along the northerly extension of 3rd Street Northeast.

The Planning Board, during a meeting held July 23, 2002, recommended approval of the final plat of Skyline Park Addition, Phase 9, and annexation of the area contained therein subject to the following conditions: 1) The applicant execute an Annexation Agreement acceptable to the City and 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, and 4) Final engineering documents for required public improvements to serve the subdivision were subject to approval by the Public Works Department.

Ordinance 2831 assigns a zoning classification of "A" Residence Use, "A" Area District, to Blocks 2 and 3 and "A" Residence Use, "B" Area District, to Block 1, Skyline Park Addition, Phase 9, upon annexation to the City. The property is located north of Skyline Education Center and the subdivision consists of 6 single family lots along the northerly extension of 3rd Street Northeast.

Mayor Gray declared the public hearing open. No one appeared to speak in support of Resolution 9261 and Ordinance 2831. Those speaking in opposition to the annexation were as follows: Celeste Lewis, 320 35th Avenue NE; Jesse Gac 401 34th Avenue NE, and Gary Wiens, 416 33rd Avenue NE. All stated that they have experienced flooding in their basements due to poor storm water management of the Skyline Park subdivision. They asked the Commission to delay annexing another phase until this issues was resolved. There being no one further to address the issue, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9261 and approve the final plat, Annexation Agreement and two easements for Skyline Park Addition, Phase 9.

Commissioner Beecher asked City staff if they had heard this complaint before and for their ideas on what the problem and solution was. Jim Rearden, Public Works Director, stated that the City was in the process of installing a 48 inch storm drain line in the area. He then asked Wade Woith, the engineer for the developer to address the issue.

Mr. Woith stated that the storm water runoff was taken through the streets to a retention pond. He suggested that any water experienced in the basements was not from storm water, but from irrigation issues. He added that the owners needed to landscape the yards so that runoff from irrigation ran toward the curb rather than toward the house. He concluded, stating that there was sufficient drainage to handle the storm water in the area.

Commissioner Rosenbaum concurred with Mr. Woith. He added that during construction of the home, compaction of the backfill may not have been done adequately causing seepage into the basements. He concluded that the water in the basements was not caused by an inadequate storm drainage system.

Mr. Woith also added that during the construction of the development, ground water was not found in the area.

Commissioner Beecher asked if he understood that if the water reached the streets, the storm drainage system would take it out of the area. Mr. Woith stated that was correct.

City Manager John Lawton suggested that Staff do a brief investigation of the issue and to return to the Commission with a recommendation.

Mayor Gray asked what duty the City had to address the poor compaction issue. Mr. Lawton stated that the City was responsible for developing a sound storm drainage system. He added that Staff will work with Mr. Woith and return to the Commission with recommendations that will identify the problem and will assist the home owners experiencing water in their basements. He also addressed the request for delaying action on the annexation before the Commission by stating that the Commission could delay action for 2 weeks. However, he added, it did not appear that issues pertaining to annexation were the cause of the problem brought forward.

Mr. Woith clarified that Phase 9 had no percolation effect on the lots owned by those addressing the Commission. Commissioner Rosenbaum concurred.

Commissioner Beecher concurred that the problem was not related to storm drainage and encouraged Staff to lend their expertise to the home owners so that their problems can be resolved.

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

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2831.

Motion carried 5-0.
 

The Fiscal Services Department finalized the SLD maintenance cost estimate, which Resolution 9251 reflects. These costs include an 18 percent increase in utility costs, maintenance, and an administrative fee equal to 10 percent of the estimated costs. The projected assessments for fiscal year 02/03 were based on charges on actual billings for the district and adjustments for cash balances from prior fiscal years.

In order to legally provide for the necessary assessment support, State laws require the City Commission to conduct a public hearing and adopt an authorizing resolution.

For comparison of SLD annual assessments:

*	Three districts were consolidated into one.
**	Seven districts were consolidated into one.
***	Twenty-four (24) districts were consolidated into three.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9251. Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9251.

Motion carried 5-0.
 

City staff, per ordinance, advertised for proposals for the operation of the concession at the Community Recreation Center. The City received only one proposal from Good Eats Catering.

The proposed lease agreement was for three (3) years with a two (2) year renewable option. The City requested a rental of $1,000/month and 5 percent of gross inside sales/catering and 1 percent of outside catering for the initial year of the agreement. Slight increases in the percentage were proposed in the second and third years.

The City has had a previous five (5) year lease agreement with Good Eats Catering at the Community Recreation Center. During this time, Good Eats Catering provided an excellent concession operation, including catering of various community events.

As required by Title 3, Chapter 12 OCCGF, before final consideration of lease of City property, the City Commission shall hold a public hearing to receive comment regarding such leases. The Park and Recreation board approved the lease at its August 12, 2002 board meeting.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the Concession lease at the Community Recreation Center. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission award the concession agreement to Good Eats Catering.

Motion carried 5-0.
 

City staff, per ordinance, advertised for proposals for the operation of a day care at the Community Recreation Center. The City received only one proposal from Honey Bear Day Care, Inc.

The proposed lease agreement is for three (3) years with a two (2) year renewable option. The City proposed a rental of $1,100/month for 2002, increasing fifty dollars each year of the agreement.

The City had a previous three (3) year lease agreement with Honey Bear Day Care, Inc. at the Community Recreation Center. During this time, Honey Bear Day Care, Inc. provided a well managed day care facility for the community.

As required by Title 3, Chapter 12 OCCGF, before final consideration of lease of City property, the City Commission shall hold a public hearing to receive comment regarding such leases. The Park and Recreation board approved the lease at its August 12, 2002 board meeting.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the day care lease at the Community Recreation Center. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the day care agreement with Honey Bear Day Care.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

City Manager John Lawton stated that for the past several years, groups have approached the City with ideas to enhance community sports. He said that a year ago, the voters turned down an opportunity to fund a new baseball stadium and soccer complex. He added that since that time, the groups have reworked their project and have requested nominal community financial support. Because of this, and other groups ideas, he developed a plan that would meet some of the recreational needs without impacting the taxes paid by the Great Falls Tax payers. Mr. Lawton proposed the Community Enhancement Project and explained that he anticipated that the needs came to about $1 million. If the City sold bonds for this and paid an interest rate of 4.5 percent, the principal and interest payments would be approximately $77,000 on a 20 year repayment schedule.

Mr. Lawton explained that the public policy reasons for proceeding with these types of projects included: The existing baseball stadium needed rehabilitation. If the City contributed $400,000 and another $100,000 from other City sources that would leverage a $3.5-$4 million project. He pointed out that the City owned stadium which was in poor condition and that stadium improvements were required to retain minor league baseball. Without a minor league baseball team in Great Falls, the City would once again have to manage the facility and be totally responsible for repairs or demolition of the facility.

Mr. Lawton went on to explain that with youth soccer the City could contribute the land and that a $200,000 investment would leverage a $1.5 to $2 million project. He added that the soccer program was experiencing popularity and growth, and that youth participation was high. He explained that currently, the soccer program uses City parks which causes wear and tear on park turf because they were not designed for soccer play. He said that a soccer complex was necessary to attract tournaments and the emphasis was on youth related activities.

Mr. Lawton addressed another recreational opportunity in the community that needed some financial assistance which was ice sports. He explained that for a $200,000 investment, new dashers and a floor covering could be provided. This would be a portion of the $1.5 million in needed improvements at the Four Seasons. He clarified that Staff would only propose this if the City retained management of the fairgrounds. However, if this equipment was purchased, results would be faster turnaround for set up at the Four Seasons freeing up ice time and event time and better service to all users.

Mr. Lawton explained that it would leave an additional $200,000 for other items such as recreation, open space, or historic site acquisition. He said that, in general, one might ask, "Why not use the funds to pay operating expenses rather than financing capital improvements?" Mr. Lawton answered stating that this community had many needs. This proposal would provide an investment in the future and provide a balance between current operations and an investment for the future. He reminded the Commission that in a way, this proposal was like owning a home, you can spend more on daily living or make long term investment in your home.

Coleen Balzarini, then explained how the financing would work. She added that the City has used this type of financing in the past, with the Electric City Water Park – Wave Rider Construction. She reminded the Commission that the total amount of debt issuance was $1,500,000 with the principal and interest payments equaling $167,964 for a 14 year period of time. Mrs. Balzarini explained that the intent was to pay the debt from revenues generated at Electric City Water Park, however, the ultimate responsibility for payment was from the General Fund.

She outlined the total obligation could be $1,629,410. The Wave Rider Project took up $1,500,000 and this Enhancement Project would be $1,000,000. The principal and interest payment for the wave rider at 6.5 percent interest was $167,964. This Enhancement project of $1,000,000 at 4.5 percent would be $77,000 for a total of $244,964. She explained that the maximum allowed by state law for this type of financing would be $308,740.

She explained that the funds to be used to pay this new $77,000 debt service from the General Fund could come from the following:

• Pasta Montana Tax Increment Project: In 1997 the Tax Increment Industrial Development District was formed which provided for $965,000 in public infrastructure improvements and resulted in $300,000 of increased tax revenues of which the City will realize a $60,000 infusion to the General Fund. The remaining balance of $240,000 will flow to County, School, State, and Transit District.
• Urban Renewal Tax Increment District Refinancing approved on August 20, 2002, will result in $53,000 annual savings of which $10,000 and related investment earnings will now flow to the City's General Fund. The remaining balance of $43,000 will flow to County, School, and State

Mrs. Balzarini explained that this public financing can take the form of Traditional Bond, Lease Purchase, or Notes. The specific form of this project financing will be determined at the time the actual financing was approved by the City Commission. Mrs. Balzarini said that with this type of financing, the City could secure the funding when the specific projects were ready, rather than doing one bond issuance or note.

Commissioner Rosenbaum clarified that there would be no impact to the voters. Mrs. Balzarini reiterated that there would not be.

Mayor Gray stated that his calculations came up with $70,000 identified to pay a $77,000 debt. He asked where the other $7,000 would come from. Mrs. Balzarini stated that it could come from interest earnings. However, she cautioned, these numbers were not firm because the type of financing and interests have not been determined.

Mayor Gray thanked City Manager Lawton and City Controller Balzarini for this presentation. He stated that it gave the flavor of what the City could do to assist with some amenities in Great Falls. He encouraged Staff to find projects that would leverage other funds and asked if there was any potential for leveraging for the suggested improvements at the Four Seasons Arena.

City Manager John Lawton stated that there was always potential for leveraging. He suggested that leveraging for the Four Seasons could be in the form of other groups assisting with some of the financing or to position the Four Seasons so that more events could take place.

Commissioner Jovick-Kuntz stated that this has been priority Commission goal and encouraged staff to proceed.

Mayor Gray asked City Manager Lawton what the next step was. Mr. Lawton stated that perhaps as early as the next City Commission meeting, Staff could present a resolution that would address the most urgent need which was the baseball stadium needs.

Mayor Gray thanked Mr. Lawton and Mrs. Balzarini for presenting this innovative solution that will meet a variety of needs without one new dollar of tax revenue.
 

ORDINANCES/RESOLUTIONS

As required by State statutes, the Great Falls Business Improvement District developed and presented a Work Plan and Proposed Budget for fiscal year 2002/2003. The City Commission conducted a public hearing and approved the Work Plan and Proposed Budget at the August 6, 2002 Commission Meeting.

As in prior years, the assessment requested for 2002/2003 was based on the assessment formula approved with the creation of the district, which will generate $155,065.15 in assessment revenue. The 2001/2002 assessment per lot was indicated on the assessment projection summary incorporated in the resolution.

The Business Improvement District was created in 1989 and recreated in 1999 by petition of the property owners in the district. Assessments are levied upon properties in the district to fund the B.I.D.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum, that the City Commission adopt Resolution 9252.

Motion carried 4-0-1 (Commissioner Jovick-Kuntz abstained due to a conflict of interest).
 

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

Dale Sweger, owner of the property located at 924 14th Street SW, requested a variance to OCCGF 17.18.010.E. The variance would allow the owner to exceed the 2000 square feet of allowed garage area by 184 square feet. Mr. Sweger needed additional garage area to store antique vehicles.

OCCGF 17.18.010.E. states that a parcel that is 10,001 square feet or more in size is allowed no more than 2000 square feet of garage space. A review of the historical variance file showed several setback variances in the immediate area, all allowing reduced side and/or front setbacks, but no similar variances allowing garage area exceptions.

The Board of Adjustment heard the variance on Thursday, August 22, 2002. Staff reviewed the application, the existing variances, and commented on the lot coverage/building bulk standards. In this case, up to 45 percent of the lot area can be built on. Mr. Sweger's lot was approximately 17,250 square feet with a maximum lot coverage of 7,760 square feet. If the variance was approved, the total lot coverage would be approximately one half of the allowed coverage. Dale Sweger (property owner) presented his application, commented on the lot configuration and position of the structures on the property, pointed out that the buildings on his property are not visible from the Sun River, and stated that none of the neighbors opposed the variance. The Board of Adjustment voted unanimously to recommend approval of the variance.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the variance as recommended by the Board of Adjustment.

Motion carried 5-0.
 

Mark & Cristi Fought, owners of the property located at 3905 19th Avenue South, requested a variance to OCCGF 17.45.030. The variance would reduce the required side yard setback from 6' to 5' 3". The Fought's are building a new home.

OCCGF 17.45.030 states that for any property located within an "A" Area District a 6' side yard is required. Prior to the foundation being poured the City Building Inspector measured the distance to the foundation wall from a string line delineating the property line. At a subsequent inspection, after the foundation was poured, the setback distance was found to be 5' 3" from the staked out line. A review of the historical variance file found several setback variances in the immediate area.

The Board of Adjustment heard the variance on Thursday, August 22, 2002. Staff reviewed the application, the existing variances, and reported that one neighbor (Steve Baumbach - 3913 19th Avenue South) called and voiced his support for the variance. Mark Fought (property owner) presented his application, reviewed the circumstances surrounding the different measurements, and stated that adjacent neighbors did not oppose the variance. The Board of Adjustment voted unanimously to recommend approval of the variance.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission approve the variance as recommended by the Board of Adjustment.

Motion carried 5-0.
 

NEIGHBORHOOD COUNCILS

CITY MANAGER

Chief McCamley asked the community to join Staff as we commemorate the attack on our nation and the thousands of lives lost, applaud the men and women in the emergency response professions, and honor the men and women who are fighting to ensure that we celebrate our constitutional freedoms, in three ceremonies on September 11, 2002.

He explained that the first ceremony will take place at Fire Station 1 (corner of 1st Avenue South and 9th Street) at 7:45 a.m. During this ceremony, local firefighters and police officers will perform a nationally synchronized flag ritual as a commemoration to the emergency response personnel who lost their lives at the World Trade Center. An open house at Fire Station 1 will follow the ceremony. First Avenue South between 9th and 10th Streets will be closed from 6 am to 10 am.

The second ceremony will begin at 6:30 pm and will be held at the Dodger Stadium in Legion Park. During this hour long community commemoration, special music will be provided by the Top of the Falls Sweet Adeline's and the Municipal Band while the colors are presented in a special ceremony by local honor guards. Dignitaries from the national, state and local levels have been invited to speak during this meaningful patriotic commemoration of September 11.

At 8 pm, following the ceremony at Legion Field, the students of Paris Gibson Middle School will participate in a memorial Obon ceremony in Gibson Park by the pond. Each student will float an Obon lantern to memorialize each of the victims from this national tragedy. The lanterns represent their tribute to the families, friends and survivors of those who lost their lives. The public is invited to attend to watch this meaningful ceremony.
 

ADJOURNMENT