PUBLIC HEARINGS

City/County Planning Senior Planner Bill Walters reported that Linda and Raymond Redding submitted applications regarding the following:

1. Minor Plat of Redding Addition, located in the SE¼ NW¼ SE¼ of Section 4, Township 20 North, Range 4 East, Cascade County, Montana.
2. Annexation of Lot 1, Block 1, Redding Addition, consisting of .34 acres, and a segment of 7th Avenue North to the City of Great Falls.

The Redding's own an 8.80-acre tract of land along the north side of 7th Avenue North and east of 45th Street North. They plan to subdivide subject property into a lot to accommodate a single family dwelling unit and dedicate a 462 foot segment of 7th Avenue North, leaving an unplatted unincorporated remainder portion of 8.14 acres. Mr. Walters also stated that an abutting property owner raised concerns about the remaining area. In order to address those concerns staff amended the original annexation agreement to add the following four conditions:

1.   Owner hereby agrees to not place any permanent structure requiring water or sanitary sewer service on the 8.14-acre remainder portion of Owner's property as described on the Minor Plat of Redding Addition until subject building site is contained within a subdivision plat approved by the Great Falls City-County Planning Board and is annexed to City.
2.   If subject 8.14-acre remainder becomes wholly surrounded by incorporated property, Owner hereby agrees to submit to City, prior to transferring title to said 8.14-acre remainder or any portion thereof, an application to annex to the City subject property being transferred.
3.   Owner has pastured and will continue to pasture horses on subject 8.14-acre unincorporated remainder parcel which abuts property already developed and planned to be developed as urban residential home sites. To address potential negative effects excessive animal manure may have on occupants of neighboring residential properties, Owner hereby agrees on a regular basis to eliminate any stagnating animal manure to diminish odors and other unhealthy aspects associated with same. City shall investigate any complaints regarding stagnating animal manure and, if appropriate, shall contact Owner who hereby agrees to immediately remedy the situation.
4.   Owner hereby agrees to limit the number of horses on said 8.14-acre remainder parcel to a maximum of ten (10) at any one time.

The City/County Planning Board conducted a public hearing on the applications on October 23, 2001. No proponents or opponents spoke. At the conclusion of the public hearing, the City/County Planning Board recommended the City Commission approve the annexation and minor plat for Redding Addition and the Findings of Fact subject to the following conditions being fulfilled by the applicant:

1. payment of all applicable fees and reimbursements owed as a condition of annexation approval;
2. correction of any errors or omissions on the Minor Plat which may be noted by staff;
3. preparation of a certificate of title by a title company to be filed with the Minor Plat;
4. entering into an annexation agreement containing typical terms and conditions associated with annexation;
5. providing a financial surety to City in the amount of the estimated cost of subject Lot 1's proportionate share of the cost of water main, paving, curb and gutter in the abutting portion of 7th Avenue North.

Condition 5 has been fulfilled or addressed by the Reddings by paying for their share of the cost of the recently installed water main and agreeing to pay proportionate share of forthcoming roadway improvement costs in accordance with specific conditions cited in the Annexation Agreement.

Conditions 1 and 4 have been fulfilled and Conditions 2 and 3 would be fulfilled prior to filing the Minor Plat.

The owners petitioned that the proposed Minor Plat of Redding Addition, be rezoned from the current County "A" Agricultural District to the City "A" Residence Use, "A" Area District.

The proposed City zoning classification conforms to the zoning on neighboring existing incorporated development (Portage Meadows, Hauer and Northridge Additions) which primarily permit single family residences. The neighboring unincorporated properties zoned "A" Agricultural District are vacant and are very eligible for urban development.

Annexation of subject property would enhance health, safety and welfare through application of City Codes and provision of municipal services.

The City/County Planning Board, at the conclusion of a public hearing held October 23, 2001, recommended the City Commission assign a zoning classification of "A" Residence Use, "A" Area District, to Redding Addition upon annexation to the City.

Mayor Gray declared the public hearing open. Linda Redding, 317 56 Street South stated that she was available to answer any questions or concerns. There being no one to speak in opposition, Mayor Gray closed the public hearing.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9302 and approve the Minor Plat, Annexation Agreement and Findings of Fact, all related to Redding Addition, subject to Paragraph 5 of the Agreement being modified per the attached.

Commissioner Diane Jovick-Kuntz asked Mr. Walters to explain the process that was gone through to reach the amended agreement. Mr. Walters stated that staff had input from the Commission and the abutting property owner. Mr. Walters then met with the Reddings. At the end of that meeting Mr. Walters stated that they had put together an agreement that was agreeable to all concerned.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2848.

Motion carried 5-0.
 

HUD regulations require one public hearing on the Proposed Consolidated Plan which includes the use of 2003/2004 CDBG and HOME funds. The public was encouraged to comment on the City's overall Community Development Block Grant & HOME program performance and policies. The City Commission must amend and/or adopt the final Consolidated Annual Plan for submittal to the U.S. Department of Housing & Urban Development in order for the City to continue to receive Community Development Block Grant and HOME funds.

The Consolidated Plan is a five year planning and reporting document required by the U.S. Department of Housing & Urban Development which was completed and Commission approved in May, 2000. The Plan included a community needs assessment, housing market analysis, strategic plan and an annual action plan. The Annual Plan portion of the Consolidated Plan included the proposed use of CDBG and HOME funds for the approaching fiscal year. Community Development Block Grant and HOME Grant project applications were received in February, 2003. A 30-day comment period beginning April 6, 2003 and ending May 6, 2003 has been established to received citizen views on the Proposed Annual Consolidated Plan, the proposed use of 2003/2004 CDBG and HOME funds, and program performance and policies.

At the end of the 30-day comment period, the City Commission must accept or amend the Proposed Consolidated Plan and authorize submittal of the Consolidated Plan which HUD must receive on or before May 15, 2003. A copy of the Proposed Consolidated Plan has been made available for review in the City Community Development Office, the Great Falls Public Library, Opportunities, Inc., Great Falls Senior Citizen's Center, and the Great Falls Housing Authority.

Mayor Gray declared the public hearing open. The following appeared to speak in support of the proposed plan. Sheila Rice of Neighborhood Housing Services. Ms. Rice stated that CDBG and HOME Grant Funds are very important to Neighborhood Housing Services. Neighborhood Housing Services has built 120 houses in the City since 1980. Commissioner Jovick-Kuntz asked if there were many vacancies in the Neighborhood Housing Services properties. Ms. Rice stated that because of the affordability, vacancies were not an issue. Mayor Gray asked about the High School Houses. Ms. Rice stated that two more would be built this year, possibly in the CMR area.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, to close the public hearing and schedule action on the Final Consolidated Annual Plan for May 6, 2003.

Motion carried 5-0.
 

The owner of property at Lot 10, Block 460, Great Falls Original 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., April 15, 2003. 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 819 6th Avenue South.

Community Development Director Mike Rattray reported that the owner of property at 819 6th Avenue South was given sixty (60) days from December 17, 2002 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 Austin/Reid Demolition on March 10, 2003. Razing was completed on March 20, 2003. Total cost incurred was $4,124.22.

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9298, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9298.

Motion carried 5-0.
 

Community Development Director Mike Rattray stated that approval of Resolution 9300 would allow the City to hire a private contractor to abate the ongoing nuisance at 509 15th St. N. The original complaint came to the City in December of 2002. After the initial inspection of the property a second complaint was taken by Community Development staff. On December 31, 2002, a certified letter was sent to the property owner requesting action. As of February 2003, an inspection by City staff revealed no action had been taken by the property owner. A citation was issued on March 24, 2003. As prescribed by OCCGF 8.49 a "Notice of Hearing" before the City commission was posted on the property and published in the Great Falls Tribune in April. The property owner still did not contact Community Development.

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

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9300.

Commissioner Beecher asked how many properties had been cleaned up in the past few years. Community Development Director Mike Rattray stated that approximately five nuisance abatements were completed each year. Commissioner Beecher stated that the point he was making was that the City was doing a good job in cleaning up problem properties. Mr. Rattray replied that there are on average, 300 complaints of nuisance properties reported each year. Of that 300, approximately 295 were resolved through cooperation between the City and the property owners.

Motion carried 5-0.
 

Mayor Gray stated that the Commission had been asked by the requesting party to continue the public hearing to May however, Mayor Gray stated that he would open the public hearing for comment and then continue it to May.

City/County Planning Senior Planner Bill Walters reported that the original rezone request did not reveal the reason for the rezone request. The City County Planning Board recommended the City Commission deny the rezone request.

Mayor Gray declared the public hearing opened. No one spoke in favor of either Ordinance 2846 or Ordinance 2847. Speaking in opposition of Ordinance 2846 and Ordinance 2847 was Clayton Braden, 2708 4th Avenue NW. Though not necessarily opposed, Mr. Braden asked if the underlying use of the property was going to be gambling. Mr. Braden also requested that before the Commission approved the rezoning request, the citizens of Great Falls be notified. Mayor Gray stated that before any action would be taken a full public hearing would be held. Commissioner Beecher also stated that even if the property were to be approved for rezoning, the Moratorium passed by the Commission in February on gaming establishments would be in effect.

Commissioner Hinz moved, seconded by Commissioner Beecher to continue the public hearing on Ordinance 2846 and Ordinance 2847 to the May 20, 2003 Commission meeting.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

Fiscal Services Director Coleen Balzarini reported that High Plains Financial, Inc. and Great Falls Development Authority were in the process of expanding regional business development programs. High Plains Financial, Inc. would be the mechanism by which this expansion would occur. It was anticipated a "Bridge" loan of $250,000 would provide adequate funds for the first three years of operations at which time a repayment of the bridge loan would commence.

Without this "bridge" loan to fund necessary operations, existing economic development grants and programs would become less accessible to the region. It was important that High Plains demonstrated ability to administer the terms and conditions of the grants and programs. The loan would be guaranteed by Great Falls Development Authority.

The bridge loan agreement would define terms such as:
Amount - Not to exceed $250,000.
Draws - Quarterly over a three year period.
Reporting Requirements - At the time of the quarterly draws, a report would be provided regarding expenditures and receipts to date along with a pro forma reflecting anticipated expenditures and receipts for the next quarter.
Interest and Term - Interest would be based on the three year treasury plus 1.5%. Payment would commence at the end of the three year "bridge" period.
Guarantee - Great Falls Development Authority will guarantee the loan.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz that the City Commission approve an economical development bridge loan agreement with High Plains Financial, Inc. and authorize the City Manager to execute the agreement.

Commissioner Jovick-Kuntz asked what the difference was between Great Falls Development Authority and High Plains Financial. Community Development Director Mike Rattray stated that Great Falls Development Authority was the marketing arm for economic development for our community and High Plains Financial was set up to run financial programs, so that financing is available within our community.

Motion carried 5-0.
 

ORDINANCES/RESOLUTIONS

Staff reported that to comply with current State law, and in response to the City Commission's Resolution 9286, the Great Falls City-County Planning Board prepared a City-County Growth Policy for consideration by the City of Great Falls and Cascade County.

MCA 76-1-604 requires the governing bodies to ".adopt a resolution of intention to adopt, revise or reject the proposed growth policy or any of its parts." This Resolution of Intention would set May 6, 2003, as the date for City Commission consideration of the adoption of the Growth Policy.

In 1999, the Montana Legislature enacted into law "Senate Bill 97", which created a set of requirements and guidelines for local planning agencies to prepare a "growth policy", or a policy document relating to the growth of a jurisdiction. The intent of the law was to encourage more proactive planning around the state through the creation of policies for the management of growth. As often was the case with new laws, certain oversights in the language of the Bill occurred - which resulted in the Montana Attorney General issuing an opinion in 2002.

Subsequently, the City Attorney determined that, although current City of Great Falls zoning regulations were valid and enforceable, zoning regulations ".may not be adopted or substantially revised. unless a growth policy was adopted for the entire area of the planning board having jurisdiction." The City Attorney also determined that certain other land use actions such as extension of municipal boundaries and expedited review of a subdivision could not occur without a compliant growth policy. As a result, Resolution 9286 was adopted by the City Commission on January 21, 2003, directing the Great Falls City/County Planning Board to prepare and propose a growth policy for the City of Great Falls and County of Cascade.

On March 25, 2003, the City/County Planning Board conducted a Public Hearing on the proposed Growth Policy and subsequently passed a resolution recommending adoption of the Growth Policy by the City and County Commissions.

The Cascade County Commission passed a similar Resolution of Intention at its regular meeting of April 8, 2003, and will consider adoption of the Growth Policy on April 22, 2003.

Mayor Gray asked if anyone had any comments on this item. Clayton Braden, 2708 4th Avenue NW stated that he picked up a copy of the Growth Policy and wanted to know if the public was going to be given ample time to make public comment at the May 6, 2003, Commission meeting. It was explained to Mr. Braden that it would be a public hearing and that the guidelines for public hearings would be followed. Mr. Braden took exception to Chapter 8, strategy #6 regarding annexation of Malmstrom Air Force Base. He also stated that the document was one sided.

Commissioner Rosenbaum asked that Mr. Braden contact City/ County Planning prior to the next meeting to clarify some concerns. City Manager John Lawton stated that most of what was presented in the Growth Policy was already adopted in the City's Comprehensive Plan. The growth policy would make some changes to the Comprehensive Plan and it would be useful for Acting City/County Planning Director Ben Rangel to point out the changes at the next meeting.

Mayor Gray asked for clarification of the Growth Policy. City Manager John Lawton stated that State law required a Growth Policy before any major annexations could take place. The origin was for communities that were growing at a rapid rate. A growth policy would help the City develop a rational approach to growth.

Commissioner Beecher moved, seconded by Commissioner Jovick Kuntz, that the City Commission adopt Resolution 9304.

Motion carried 5-0.
 

City/County Planning Senior Planner Bill Walters reported that in March 2003, the City and County Commissions conditionally approved the preliminary plat of Whispering Ridge Addition, Phase 3, a 15 lot single family residential subdivision located near the south end of 38th Street South. The property owner and developer is LAMMS Corporation.

Access to the proposed 15 lots in Phase 3 would be provided by the southerly extension of 38th Street South to 19th Avenue South, an approximate 350 foot stub of 17th Avenue South and two lots would be accessed from the existing 20th Avenue South cul-de-sac. The proposed dedicated segments of 38th Street South and 17th Avenue South would be improved with standard City paving, curb and gutter.

City water and sanitary sewer mains would be installed in the portion of 38th Street South and 17th Avenue South being dedicated in Phase 3. The subdivision would be served by an off-site sewer lift station to be installed adjacent to the existing City Storm Water Detention Facility with a force main to discharge into the City sewer system south of Mountain View School.

Surface drainage from Phase 3 would be directed into the existing storm sewer channel at the west boundary of 38th Street South which discharges into the City's Storm Water Detention Facility.

The developer intended to fulfill Phase 3's park obligation by escrowing the applicable park fee. At such time the developer arranged an acceptable program to reserve open space in the coulee, the escrowed park fee would be released to him.

The City/County Planning Board during a meeting held April 8, 2003, passed a motion recommending approval of the final plat of Whispering Ridge Addition, Phase 3, and annexation of the property 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. The Department of Public Works shall approve the final engineering documents for required public improvements to serve the subdivision.
3. Any errors or omissions noted by staff shall be corrected as part of the final plat.
4. All applicable fees owed as a condition of plat or annexation approval shall be paid.

It was expected the above stated four conditions would be fulfilled prior to the annexation hearing on May 20, 2003. Prior to the hearing, the City Commission would be provided a copy of the final plat, Annexation Agreement and some easements.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9303.

Motion carried 5-0.
 

Staff reported the property was zoned in the County as "R-1" Suburban Residential and it was proposed the property be zoned "A" Residence Use, "B" Area District, upon annexation to the City. The "A" Residence Use District primarily would permit single family dwelling units constructed in accordance with the Uniform Building Code. The "B" Area District dictated minimum building setback distances from property/lot lines, which are 20 feet for the front yard, 5 feet for the side yards and 10 feet for the rear yard.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission accept Ordinance 2851 on first reading and set a hearing for 7:00 P.M. May 20, 2003, to consider adoption of Ordinance 2851.

Motion carried 5-0.
 

CONSENT AGENDA

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed.

Clayton Braden, 2708 4th Avenue NW, asked if items 19 and 21 on the Consent Agenda were in metric tons. Public Works Director Jim Rearden replied that they were not metric tons. Mayor Gray asked for a report on item number 14. Acting City/County Planning Director Ben Rangel stated the tunnel would be part of the River's Edge Trail improvements. Mr. Rangel stated the reason for the tunnel is safety for the pedestrian and bicycle traffic.

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

The terms of Aart Dolman and Katrina Stark expire on April 30, 2003. Mr. Dolman was appointed in May of 2000, and Ms. Stark was appointed in May of 2002. Both were eligible for and interested in reappointment.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Aart Dolman and Katrina Stark to a three-year term, expiring April 30, 2006.

Motion carried 5-0.
 

Charles Bennett was appointed to the Parking Advisory Commission on January 7, 2003, to fill the remainder of a term vacated by Donn Lassila. Mr. Bennett was interested in and eligible for reappointment.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission reappoint Charles Bennett to the Parking Advisory Commission for a three-year term, through April 30, 2006.

Motion carried 5-0.
 

CITY COMMISSION

ADJOURNMENT