PUBLIC HEARINGS

The owner of GF Townsite, Block 247, Lots 6 & 7, was issued a "Notice of Hearing" before the City Commission to appear at 7 p.m., December 3, 2002. The hearing was to show cause why the owners of the property should not be liable for the costs incurred in razing the structure known as Linden Terrace Apartments at 322 4th Avenue North.

The following expenses were incurred: Razing Permit - $18; Asbestos Inspection by Maxim Technologies Inc. - $2,468; Asbestos Abatement by Environmental Contractors LLC. - $8,380; Demolition & clean-up by Shumaker Trucking & Excavating - $43,941.15; Building related expenses - $3,261.89; Hauling asbestos waste by Montana Waste Systems Inc. - $533.84; Ownership & Encumbrance report by Stewart Title - $220; Administrative Fee - $200; Publishing - Legal Ad (Notice of Public Hearing) - $25; and Recording Fees - $12. The total costs amounted to $59,079.88. Resolution 9273 was originally prepared to include $11,740 in court related expenses. Mr. Doody challenged that and after further investigation, Staff revised the Resolution omitting those expenses.

During the course of the last two years, Staff had taken the following actions regarding the abatement of the dangerous building:

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9273. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9273 as amended.

Motion carried 5-0.
 

OCCGF 12.28.120 authorizes the City to condemn sidewalks that become dangerous to public safety, and allows for the repair and collection of repair costs.

On August 7, 2002, a complaint was received by the Engineering Division from a person who said she had stumbled and fallen on a sidewalk located at 2204 6th Avenue North. A subsequent inspection found 266 square feet of sidewalk adjacent to this property to be in an advanced state of deterioration. Several slabs were heaved, creating tripping hazards. The concrete was generally cracked up and crumbling, with sections of it reverting to grass. This caused a tilted, uneven walking surface.

The owner of the property was notified of the hazardous situation. In a telephone conversation towards the end of the time period allowed to make the repairs, the owner refused to have the required repairs made. Staff then contracted with a construction firm and the repairs were made. The purpose of this action was to recover the cost of the repairs.

The following is a list of actions and events Staff took to eliminate the hazard: Initial complaint received by staff - August 7, 2002; Initial inspection of property, photographs taken - August 9, 2002; Initial 30-day repair notice mailed - August 12, 2002; 30-day follow-up inspection - September 13, 2002; Second notice sent that repairs will be made and billed to property owner within 30 days after receiving 2nd notice (certified mail) - September 24, 2002; Signed confirmation received - October 5, 2002; Request for bids - October 11, 2002; conversation with owner; owner unwilling to make repairs - October 15, 2002; Award bid to lowest bidder - October 16, 2002; Contractor started repairs - October 23, 2002; Contractor finish repairs - October 25, 2002; and Final inspection for completion of work - October 28, 2002.

The following is a list of costs incurred in making the repairs: Remove and replace 266 square feet of sidewalk - $1,330; Inspector, 4 hours at $45 per hour - $180; City Engineer, 4 hours at $65 per hour - $260; Publishing of Legal Ad (Notice of Public Hearing) - $25; and recording fee, 4 pages at $6 each - $24. Total costs incurred were $1,819.

Mayor Gray declared the public hearing open. No one appeared to speak in opposition to Resolution 9271. Brian Black, 3604 Central Avenue, stated he's seen a lot of sidewalks in Great Falls and the pictures of the sidewalk in question tonight depicted the worst one he has ever seen. He suggested that all property owners keep their sidewalks in good repair and safe for pedestrians. There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9271.

Motion carried 5-0.
 

City staff, per ordinance, advertised for proposals for the fitness area at the Community Recreation Center. The City did not receive any proposals to this request. Because it is advantageous to have a fitness area, including weight lifting and cardiovascular equipment, at the Center, staff initiated discussions with the owners of Power Source Fitness on a possible agreement. The proposed lease is for three years. The City proposed a rental of eight hundred dollars ($800) per month or an equal split of membership, whichever is greater. The proposed lease also included a $25 increase in the base fee each year of the contract.

Power Source Fitness has leased space at the Community Recreation Center for the past four years. Currently their rent is $600/month.

The Park & Recreation Board approved the proposed lease at its October 14, 2002 meeting.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to the lease with Power Source. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve a lease agreement with Power Source Fitness at the Community Recreation Center, and authorize the City Manager to execute the necessary documents.

Motion carried 5-0.
 

OLD BUSINESS

On March 19, 2002, the City Commission ordered certain improvements to be installed by the property owners along James Avenue. MCA 7-14-4109 provides for this procedure. The improvements were completed on July 3, 2002. Upon completion of the improvements, each property owner was billed for their proportionate share. Two property owners paid their proportionate share in full. The remaining two property owners elected to have the cost of the improvements placed on their property taxes over a 7 year period with an interest rate of 5.5 percent.

MCA 7-14-4109 required the City Commission to first order this work to be done. Resolution 9196 was adopted on March 19, 2002. From that point, the property owners had 30 days to install the improvements or to work with staff to have the work completed. The property owners elected to have a City retained contractor complete the improvements. It was anticipated the total cost to the property owners would be approximately $25,000.

The work was completed on July 3, 2002. The total cost of the project was $59,303.60. The City paid $33,416.35 for street grading, base gravel, asphalt pavement, and concrete alley aprons. The remaining $25,887.25 for curb and gutter, sidewalks, driveways, and sod is to be paid by the adjoining property owners.

The proportionate share for each property owner was:

Mr. and Mrs. Keith and Mr. and Mrs. Duncan paid their proportionate share in full. The other two requested that the cost of the improvements be assessed against their property. Staff presented Resolution 9260 in order to complete the assessment process.

At the public hearing held November 19, 2002, Doug Wolverton of 2300 5th Street NW spoke in opposition to the Resolution questioning why the actual assessment amount was much higher than the estimate. Public Works Director Jim Rearden suggested the City Commission table action on Resolution 9260 until the next meeting in order to provide staff the opportunity to address Mr. Wolverton's concerns.

During the past two weeks, staff responded to Mr. Wolverton's concerns explaining that the difference between the estimate and the assessment was created when Mr. Wolverton requested a new water service line be installed to his home.

Commissioner Hinz moved, seconded by Commissioners Rosenbaum and Beecher, that the City Commission remove Resolution 9260 from the table.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioners Rosenbaum and Beecher, that the City Commission adopt Resolution 9260.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Adoption of Resolution 9275 initiates vacation of a partial alley right of way located between North Riverview Terrace, Section 3, Part 1, and the Twilite Theater Tracts, which extends from Smelter Avenue to 23rd Avenue Northeast. Situated between the Twilite Theater Tracts and Block 1, North Riverview Terrace Addition, Section 3, Part 1, is a dedicated partial alleyway which varies in width from 9.35 feet at 23rd Avenue Northeast to 16.60 feet at Smelter Avenue.

The strip is inaccessible at the north end and is partially obstructed in its south half by power poles and guy wire supports. Occupants of at least two lots along the east side of the strip rely on the southern portion of the alleyway for access.

However, now, with the new development occurring on the abutting Twilite Theater property, there appears to be an opportunity to rectify this strip which has been an ongoing nuisance and point of confusion to the City and abutting property owners. Fourteen of the fifteen owners of lots abutting subject right of way have signed and submitted a petition supporting the vacation.

The portion of the alleyway abutting Twilite Theater Tracts would, upon abandonment, revert to the owners of Twilite Theater Tracts. The owners of Twilite Theater Tracts would, in turn, provide a non-exclusive access easement along their east boundary for use by neighboring property owners.

The portion of the alleyway abutting Roller City would, upon abandonment, revert to the abutting residential owners in Block 1, North Riverview Terrace, Section 3.

The distribution of vacated right of way, enlargement of abutting lots and reservation of the necessary easements will be accomplished through an Amended Plat, a draft copy of which is attached.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9275 and set 7 pm, December 17, 2002, as time for the public hearing on the requested vacation.

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

Eric Spangenberg and Scot Vance were appointed to the Park and Recreation Board on January 4, 2000; and John Trovatten was appointed on March 20, 2001. Their terms expire on December 31, 2002; therefore, it was necessary to reappoint them. All were eligible for and interested in reappointment.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission reappoint John Trovatten, Eric Spangenberg, and Scot Vance to the Park and Recreation Board for three-year terms, expiring December 31, 2005.

Motion carried 5-0.
 

Terms for Deb Matteucci and Greg Madson expire on December 31, 2002. Ms. Matteucci and Mr. Madson were both appointed in January of 2001 and were eligible for and interested in reappointment. Section 76-1-201, MCA, requires that appointments be designated as "citizen" or "official" members; therefore both members will continue with the "citizen" designation.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission reappoint Deb Matteucci and Greg Madson to the City-County Planning Board for two-year terms as "citizen" members, expiring December 31, 2004.

Motion carried 5-0.
 

The term of Dottie Sullivan expires on December 31, 2002. Ms. Sullivan was appointed on January 4, 2000, and was interested in and eligible for reappointment.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Dorothy "Dottie" Sullivan for another three-year term, ending December 31, 2005.

Motion carried 5-0.
 

CITY COMMISSION

At the November 19, 2002, City Commission meeting, staff requested the City Commission authorize the sale of a small portion of Gibson Park to Bill Stuff. The portion in question is not physically connected to the main area of the Park. It is located across 6th Street from it and involves a small area of land approximately .27 acres in size. City ordinance requires a super majority or four of five Commissioners to vote in support of the sale of real property. Following the vote, it was determined that the motion to authorize the sale did not pass because the vote was three in favor of the sale and one, Commissioner Hinz, in opposition. Commissioner Rosenbaum was absent.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission reconsider action made at the last regular Commission meeting held November 19, 2002, regarding the sale of a portion of Gibson Park.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve the sale of .27 acres of Gibson Park in Township 20 North Range 3 East Section 1 SW ¼ to Bill Stuff, Place Development in the amount of $32,932. Further, that the proceeds go to the Park Trust Fund which is a fund used solely for future development of existing parks.

During a brief discussion, the City Commission clarified that the funds in the Park Trust Fund can also be used to acquire and improve land for park purposes as well as used for improving existing park land. Commissioner Beecher and Commissioner Jovick-Kuntz accepted a friendly amendment to the motion. The motion as amended read:

The City Commission approve the sale of .27 acres of Gibson Park in Township 20 North Range 3 East Section 1 SW ¼ to Bill Stuff, Place Development in the amount of $32,932. Further, that the proceeds go to the Park Trust Fund which is a fund used solely for future development of existing or future park land.

Motion carried 5-0.
 

Commissioner Jovick-Kuntz reminded the audience that the Christmas Stroll will take place on Friday, December 6, 2002. She thanked the Park and Recreation staff for their assistance with decorating the downtown.
 

Mayor Gray thanked staff for their presentation of the zoning issue at the intersection of Fox Farm Road and 10th Avenue South during the Neighborhood Council 1 meeting on December 2, 2002. He also asked staff to look at the zoning ordinance as it pertains to casinos, adult stores and along the river front.
 

ADJOURNMENT