PUBLIC HEARINGS

Bill Walters of City / County Planning reported that a petition had been 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 2-story residential condominium units. The current CLM and PLI zoning districts didn't permit the planned residential project, which was allowed in an R-3 District.

Acting Mayor Sandy Hinz opened the public hearing. Speaking in favor of Ordinance 2852 was Pat Laabs, 2122 4th Avenue North. Mr. Laabs stated that the project would increase property values and further enhance the area. There being no one to speak against Ordinance 2852, Acting Mayor Hinz closed the public hearing.

Commissioner Jovick-Kuntz asked staff why the units would be built three attached and one unattached. Bill Walters of City / County Planning stated that due to an easement, it would be necessary to build it that way.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2852.

Motion carried 3-0.
 

Budget Officer Melissa Kinzler reported that the City's total property taxes do not cover the cost of Police and Fire services. The 2001 Legislature authorized annual property tax levy increases of "one-half of the average rate of inflation for the prior 3 years". Therefore the City was allowed and was proposing a 1.2 percent property tax levy increase.

The 2001 Legislature, also allowed property tax levy increases for premium contributions for group benefits. The City proposed an additional 1.7 percent property tax levy increase. The total proposed property tax levy increase was 2.9 percent.

Acting Mayor Hinz declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9313, Acting Mayor Hinz closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner, Jovick-Kuntz that the City Commission adopt Resolution 9313.

Motion carried 3-0.
 

Prior to adoption of the City's 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.

• The City started the annual budget process with 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 3, 2003.
• The public hearing on the budget was proposed to be opened June 24, 2003, and be continued on July 15, 2003.
• The budget adoption and setting of the tax levies are proposed for July 15, 2003 or when the Montana Department of Revenue certifies the taxable values of the City of Great Falls.

Extending the budget hearing over two Commission meetings provided reasonable time to review the budget, receive additional input, and consider budget modifications.

Acting Mayor Hinz declared the public hearing open. No one appeared to speak in favor of Resolution 9314. Speaking in opposition to Resolution 9314 was a Great Falls citizen identifying himself as John Angry. Mr. Angry stated that as a handicapped, unemployed citizen on a fixed income, he found it hard to make ends meet. Mr. Angry was frustrated with government (at all levels), utility companies, worker's compensation and other entities. There being no one further to address the Commission Acting Mayor Hinz closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission continue the public hearing to July 15, 2003.

Motion carried 3-0.
 

Ordinance 2846 originally came to the Commission on March 18, 2003. At that time a public hearing was set for April 15, 2003. At the April 15th meeting the owner of the property asked that the public hearing be continued to the next Commission meeting. The public hearing was continued to the May 20, 2003 meeting where the owner again asked to have it continued for 30 days rescheduling it to the June 24, 2003 meeting. Staff reported that since then the applicant withdrew the request to rezone the property. Therefore, it was staff's recommendation to vacate the public hearing on Ordinance 2846, and deny the same.

Acting Mayor Hinz declared the public hearing vacated and called for a motion.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz that the City Commission vacate the public hearing on Ordinance 2846 and deny same.

Motion carried 3-0.
 

Ordinance 2847 originally came to the Commission on March 18, 2003. At that time a public hearing was set for April 15, 2003. At the April 15th meeting the owner of the property asked that the public hearing be continued to the next Commission meeting. The public hearing was continued to the May 20, 2003 meeting where the owner again asked to have it continued for 30 days rescheduling it to the June 24, 2003 meeting. Staff reported that since then the applicant withdrew the request to rezone the property. Therefore, it was staff's recommendation to vacate the public hearing on Ordinance 2847, and deny the same.

Acting Mayor Hinz declared the public hearing vacated and called for a motion.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission vacate the public hearing on Ordinance 2847 and deny same.

Motion carried 3-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Police Chief Robert Jones stated that 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 proposed changes made to OCCGF 9.20 Intoxicating Beverages provided for new sections that defined the permit process criteria and conditions that would allow alcohol in public places.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2854 changing Chapter 9.20 Intoxicating Beverages.

Motion carried 3-0.
 

Bill Walters of City / County Planning stated that the Catholic Church, owner of a 5.9 acre parcel legally described as Lot 5, Block 4, North Riverview Terrace, Section 3, Part 1, desired to subdivide the property into three lots: Lot 5B which was currently occupied by St. Luke Church and Rectory; Lot 5A upon which a veterinary clinic was proposed to be constructed; and Lot 5C for which no development plans were presently known. Lots 5A and 5C, which abut Smelter Avenue and which the Church intended to sell, are proposed to be rezoned from “A” Residence Use, “A” Area District, to “LB” Local Business, “C” Area District.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2855 on first reading and set the final reading and public hearing date for 7:00 p.m., July 15, 2003.

Motion carried 3-0.
 

Staff reported that in April 2002, 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 completed the platting and annexation of Phase 8, consisting of 15 lots, Phase 9, consisting of 6 lots, Phase 10, consisting of 14 lots, and now desired to final plat and complete the annexation process for Phase 12, consisting of 14 lots along the westerly extension of 38th Avenue Northeast.

Surface runoff from Phase 12 would drain east on 38th Avenue Northeast ultimately discharging into the City's Northeast Regional Storm Water Retention Facility.

The Planning Board, during a meeting held April 8, 2003, recommended approval of the final plat of Skyline Park Addition, Phase 12, (It was previously designated Phase 11 and consisted of 16 lots) and annexation of the area contained therein subject to the following conditions:

1. The applicant execute an Annexation Agreement acceptable to the City of Great Falls and shall submit the appropriate supporting documents referenced in the Agreement.
2. All applicable fees and charges due as a consequence of either plat of 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 Jovick-Kuntz that the City Commission adopt Resolution 9323.

Motion carried 3-0.
 

Ordinance 2856 would assign a zoning classification of “A” Residence Use, “A” Area District, to Skyline Park Addition, Phase 12, upon annexation of same to the City. Subject property is located north of Skyline Education Center and the subdivision consists of 14 single family lots along the westerly extension of 38th Avenue Northeast.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum that the City Commission accept Ordinance 2856 on first reading and set a hearing for 7:00 p.m. August 5, 2003.

Motion carried 3-0.
 

CONSENT AGENDA

Clayton Braden, 2704 4th Avenue NW, asked for clarification on item 20. Public Works Director Jim Rearden responded.

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

Motion carried 3-0.
 

BOARDS AND COMMISSIONS

The Business Improvement District Board of Trustees is comprised of seven members appointed by the City Commission. The Board oversees the functions, operations, management and administration as necessary to carry out the purposes and objectives of the Business Improvement District. Members must be owners of property within the boundaries of the Business Improvement District or their personal representative, agent, or guardian.

Andrew Davidson was appointed to the Business Improvement District in 1998 to fill the remainder of a term. He was reappointed for another four-year term in 1999. Mr. Davidson was interested in serving another term. The terms of Nancy Rebal Loncki and Karin Striepe expire on June 30, 2003. Ms. Loncki had taken employment out of the Business Improvement District and was ineligible, and Ms. Striepe was not interested in reappointment. Therefore, it was necessary to appoint two new members to fill their positions.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum to reappoint Andrew Davidson to the Business Improvement District for a four-year term, through June 30, 2007, and appoint Steven Akers and Alison Fried for four-year terms through June 30, 2007.

Motion carried 3-0.
 

The Library Board oversees the Library policies and operations including book policies and service to the City, County, and pathfinder Federation of Libraries. Members serve for five-year terms, but no more than two full terms in succession.

Bunny Alber's term expires on June 30, 2003. Ms. Albers was appointed in 2001 to fill the remainder of a five-year term. She was interested in and eligible for reappointment.

Commissioner Jovick-Kuntz Moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Bunny Albers to the Library Board for another five-year term, expiring June 30, 2008.

Motion carried 3-0.
 

CITY MANAGER

PETITIONS/COMMUNICATIONS

ADJOURNMENT