PUBLIC HEARINGS

Community Development Director Mike Rattray stated that the adoption of Resolution 9312 would enable Community Development staff to hire a contractor and abate the ongoing nuisance at 1623 and 1627 21st Avenue South.

Mayor Gray declared the public hearing open. Speaking in favor of Resolution 9312 was Dana Hennen, 1609 21st Avenue South. Mr. Hennen stated that it would be a benefit to the entire neighborhood to have the property cleaned up. Speaking in opposition to Resolution 9312 was: Grant Burrington, 1623 21st Avenue South. Mr. Burrington is the owner of the properties being addressed by Resolution 9312. Mr. Burrington stated that he had initially hired a contractor to perform the needed tasks, but that the original contractor defaulted. Mr. Burrington further stated that he hired another contractor to perform the work. Mr. Burrington stated the property would be compliant in the time frame noted in the Resolution. The Resolution states that the owner must be in compliance by the 10th day after passage of the Resolution. Both the owner and contractor stated that they did not see any reason why they couldn't meet the deadline.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9312.

Motion carried 4-0.
 

Community Development Director Mike Rattray reported that the owner of the property known as 1609 5th Avenue North was given sixty days from August 26, 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 Wayne Riley Excavating. Razing was completed on April 9, 2003. The total of the cost incurred by the City was $3,732.22

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9299, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9299.

Motion carried 4-0.
 

Park and Recreation Director Jerry Sepich reported that Resolution 9318 would replace Resolution 8706. Resolution 8706, passed by the City Commission on January 17, 1995, set the current use permit fees for City parks, the band shell, and the flower garden. These minimal fees were established to help recover the costs associated with specific uses of City parks. Some of the identifiable costs associated with such use included additional garbage pickup, opening and closing of restrooms, cost of electricity at certain areas, as well as additional “wear and tear” to turf areas. In addition, the Department budgeted $25,000 - $30,000 annually for the flower program, with a major emphasis on the flower garden area at Gibson Park. The cost to provide these special services continued to increase based on the increased labor and material costs.

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9318, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9318.

Motion carried 4-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Acting City / County Planning Director Ben Rangel stated that Resolution 9291 sets a public hearing for July 15, 2003, to consider excluding (de-annexing) Discovery Meadows Addition, Phase 1, from the City. The subdivision consisted of 20 proposed single family residential lots along a planned 600 foot extension of 50th Street North located immediately north of 7th Avenue North.

On May 1, 2001, the City Commission approved the final documents providing for the annexation of Discovery Meadows Addition, Phase 1. The developers of the project now desire to relocate Phase 1 to a different area on the site. None of the final documents associated with Phase 1, including the subdivision plat and Annexation Agreement, were filed of record.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9291.

Mayor Gray stated he would abstain due to a conflict of interest. Mayor Gray is part owner of the property.
Motion carried 3-0-1 (Mayor Gray abstaining).
 

Acting City / County Planning Director Ben Rangel stated that Resolution 9292 sets a public hearing for July 15, 2003, to consider the annexation of Discovery Meadows Addition, Phase 1(revised), consisting of 10 residential lots and a segment of 48th Street North located immediately north of 7th Avenue North.

On May 1, 2001, the City Commission approved the final plat, improvements agreement and resolution annexing Discovery Meadows Addition, Phase 1, consisting of 20 single family residential lots along a planned 600 ft. extension of 50th Street located immediately north of 7th Avenue North. Construction on the project had not been initiated.

Instead of initiating construction in the subdivision along 50th Street North, the project engineer and co-developer, Wade Woith, desired to start the project along 48th Street North.

The proposed final plat conformed to the preliminary plat (master plan) for Discovery Meadows Addition, conditionally approved by the City and County Commissions in February, 2001. The plat also included dedication of a small abutting segment of 7th Avenue North recently acquired by the developer.

Water, sanitary sewer and storm sewer mains, paving, curb and gutter would be installed in the extension of 48th Street North. Paving, curb and gutter would also be installed on the north side of 7th Avenue North abutting the Subdivision.

The final engineering documents relative to the final plat of revised Phase 1 have been prepared by the project engineer and were in the process of being submitted to the City Engineer. Staff concluded that the basic conditions set forth in the conditional approval of the preliminary plat were being met by the developer in the overall process of final plat, final engineering and Annexation Agreement preparation for Phase 1.

The Planning Board, during a meeting held January 14, 2003, recommended approval of the revised final plat of Discovery Meadows Addition, Phase 1, subject to the following conditions:

1. The applicant execute an Annexation Agreement acceptable to the City of Great Falls 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 be paid by the applicant.
3. Any errors or omissions on the final plat noted by staff be corrected.
4. Final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9292.

Mayor Gray stated he would abstain due to a conflict of interest. Mayor Gary is part owner of the property.
Motion carried 3-0-1 (Mayor Gray abstaining).
 

Acting City / County Planning Director Ben Rangel stated that Ordinance 2844 would assign a zoning classification of “A” Residence Use, “B” Area District, to Discovery Meadow Addition, Phase 1, (revised) upon annexation of same to the City. Subject property is located immediately north of 7th Avenue North and west of 52nd Street North.

In February 2001, the City and County Commission conditionally approved, in accordance with a recommendation from the Planning Board, the preliminary plat of Discovery Meadows Addition. The proposed Discovery Meadows Addition consists of 62 single family residential lots located immediately north of Portage Meadows Addition and west of 52nd Street North. The subdivision would be final platted and annexed to the City in multiple phases.

Subject property was presently zoned in the County as “A” Agricultural District and the applicant requested the property be zoned “A” Residence Use, “B” Area District, upon annexation to the City.

Although subject property borders the single family section of Portage Meadows Addition and a Baptist Church, a majority of the surrounding property was vacant. With the area south of 7th Avenue North zoned for residential use and the area north of 10th Avenue North zoned for industrial use, Discovery Meadows was part of a transition zone.

The proposed project, bordering the City limits, represents a natural progression of the urban area served by extension of City services and infrastructure.

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

It was anticipated the planned single family use of the property would be compatible with neighboring uses. The City / County Planning Board at the conclusion of a public hearing held January 9, 2001, recommended the City Commission assign a zoning classification of “A” Residence use, “B” Area District, to Discovery Meadows Addition, as each phase is annexed to the City.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission accept Ordinance 2844 on first reading and set a public hearing for 7:00 P.M., July 15, 2003, to consider adoption of Ordinance 2844.

Mayor Gray stated he would abstain due to a conflict of interest. Mayor Gray is part owner of the property.
Motion carried 3-0-1 (Mayor Gray abstaining).
 

The staff report stated that Resolution 9293 would set a public hearing for July 15, 2003, to consider the annexation of Berkner Heights Addition, Phase 9, consisting of 12 single family residential lots along segments of 14th and 15th Avenues South and 43rd Street South.

In November 1996, the City and County Commissions conditionally approved, in accordance with a recommendation from the City / County Planning Board, the preliminary plat of Prairie Ridge Addition. The proposed Prairie Ridge Addition consisted of 52 single family residential lots located immediately east of Christianson Addition along the extensions of 13th and 14th Avenues South. The City and County Commissioners extended the preliminary plat approval to the year 2005.

The final plats of the first three phases of the subdivision, consisting of a total of 25 lots, have been approved. The proposed name Prairie Ridge Addition had been replaced with Berkner Heights Addition and said final plats were designated Phases 6, 7 and 8 of said Addition.

The developer of the subdivision, C & W Development, Inc., desired to proceed with finalizing the platting and annexation of the next phase, which consisted of 12 residential lots along segments of 14th and 15th Avenues South and 43rd Street South. The plat was entitled Berkner Heights Addition, Phase 9.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum that the City Commission adopt Resolution 9293 expressing intent to annex Berkner Heights Addition, Phase 9, and setting a public hearing on the annexation for July 15, 2003, at 7:00 P.M.

Motion carried 4-0.
 

A report provided by Staff stated that Ordinance 2845 would assign a zoning classification of “A” Residence Use, “A” Area District, to Berkner Heights Addition, Phase 9, consisting of 12 single family residential lots along segments of 14th and 15th Avenues South and 43rd Street South.

Commissioner Beecher moved, seconded by Commissioners Hinz and Rosenbaum that the City Commission accept Ordinance 2845 on first reading and set a public hearing for 7:00 P.M., July 15, 2003, to consider adoption of Ordinance 2845.

Motion carried 4-0.
 

A petition was received from WRS Architecture & Design, P.C., to rezone Lots 10 and 11, Block 79, Great Falls Townsite, from Commercial Light Manufacturing (CLM) to Medium Density Residential District (R-3) and rezone a vacated segment of 6th Street North and an abutting unplatted segment of former park property from Public Lands and Institutional (PLI) to Medium Density Residential District (R-3).

The purpose of the rezoning was to accommodate four proposed 2-story residential condominium units. The current CLM and PLI zoning districts do not permit the planned residential project, which was allowed in a R-3 District.

On May 13, 2003, the City / County Planning Board conducted a public hearing on the plan amendment. No proponents or opponents spoke during the hearing. Neighborhood Council 7 submitted a letter expressing support for the project. Douglas Terry, owner of two lots immediately to the east of subject property, expressed concern about potential impacts the proposed residential zoning and land use could have on the potential future commercial use of his two lots that are presently zoned CLM.

At the conclusion of that hearing, the Planning Board unanimously adopted a motion recommending the City Commission adopt Ordinance 2852 subject to the applicant causing to be prepared and filed an Amended Plat updating and consolidating the description of subject property and accurately reflecting required easements for existing utilities traversing subject property.

It was anticipated the City / County Planning Board Hearing minutes and a copy of the Planning Staff Report and Recommendation with attachments would be provided to the Commission prior to the public hearing on June 24, 2003.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission accept Ordinance 2852 on first reading and set 7:00 P.M., June 24, 2003 as the public hearing and final reading date.

Motion carried 4-0.
 

The Courtesy Parking Program enabled business / property owners to designate metered stalls as courtesy parking allowing the removal of meters. The Community Development Department would review and approve the number and location of spaces designated. Only spaces immediately adjacent to an applicant's property and/or business would be considered. When the program began in 1984, the monthly fee was set at $35 per month; the fee was lowered to $30 a month in 1994. The Parking Advisory Commission received a list of thirty downtown businesses interested in participating in the Courtesy Parking Program at a $20 monthly rate. The thirty businesses would have fifty-four courtesy stalls and would generate $1080 a month in revenue. Fifteen businesses participated in the courtesy program at the $30 a month cost. Combined they had twenty-three courtesy stalls and produce $690 a month for the parking program.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9319.

Motion carried 4-0.
 

Great Falls Chief of Police Bob Jones reported that the present City Ordinance Chapter 9.20 did not have the flexibility to allow the public to have cultural recreational events serving alcohol within the City limits.

Ordinance 2854 would allow for a more flexible Public Drinking Ordinance that would contribute to cultural, recreational and entertainment opportunities available to the community. The changes made to Chapter 9.20 Intoxicating Beverages would provide for new sections that define the permit process criteria and conditions that would allow alcohol in public places, they were:

9.20.040 Requirements of permit for alcohol
9.20.050 Criteria for public interest
9.20.060 Conditions for permit for alcohol - Public Facilities

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission accept Ordinance 2854 on first reading and set 7:00 P.M., June 24, 2003 as the public hearing and final reading date.

Motion carried 4-0.
 

Staff determined it was advantageous to refund the 1994 Storm Drainage System Bonds, with a maturity date of 1/1/2014, with a new issuance. The estimated net savings from the refunding were about $148,000 in total and average $17,000 per year.

The City took advantage of low interest rates throughout 2002, refunding water system, wastewater system and tax increment indebtedness. In the process of reviewing all outstanding debt of the City during 2002 to determine the probability of reducing interest expenses, City staff considered a refunding of the storm drainage system bonds. City staff determined at that time that the bonds could be refunded at a very low level of savings, but that waiting to proceed could produce greater savings. With continued low market interest rates and with a shorter period of time before the first redemption date on the 1994 Bonds, the potential savings are much better now. Current estimates show a reduction of approximately 2.35 percentage points producing an average interest rate of about 3% on the proposed refunding bonds.

D.A. Davidson & Co. assisted City staff with the savings analysis and proposed to negotiate the purchase and sale of the bonds with the City. Dorsey & Whitney would serve as bond counsel.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9320.

Motion carried 4-0.
 

CONSENT AGENDA

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

Motion carried 4-0.
 

BOARDS AND COMMISSIONS

The City and County Commissions are required by ordinance to jointly fill vacancies of elected members on the Transit District Board that may be caused due to no one filing for the position. The appointment process involved a representative from the County Commission and one from the City Commission to review applications and to recommend one person to both Commissions for appointment. Commissioner Hinz served as the City Commission's representative to that subcommittee. County Commissioner Stelling served as the County Commission's representative. After reviewing the three applications received, Commissioners Hinz and Stelling recommended the appointment of Margaret Fasbender to the Transit Board. This term will be until the next election; whereby Transit members are elected November 3rd, 2004.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum to appoint Margaret Fasbender to fill a vacancy on the Great Falls Transit District Board created when no one filed for the elected position. This term shall expire November 30, 2004.

Motion carried 4-0.
 

CITY COMMISSION

The City Charter states that the Mayor Pro Tempore shall serve in the absence of the elected Mayor. In the absence of both the elected Mayor and the Mayor Pro Tempore Robert's Rules of Order require the appointment of an Acting Mayor. The appointment of the Acting Mayor shall be in effect for the current term of the Commissioner appointed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum to appoint Sandy Hinz to serve as Acting Mayor in the absence of the elected Mayor and the Mayor Pro-Tempore.

Motion carried 3-0-1 (Commissioner Hinz abstained)

Mayor Gray also reminded the Citizens of Great Falls to be good neighbors. Keep pets on leashes and make sure to clean up any messes that may be left behind.
 

PETITIONS/COMMUNICATIONS

ADJOURNMENT