PUBLIC HEARINGS

Assistant City Manager Cheryl Patton reported the Children's Museum of Montana desired to continue to lease the Zellerbach Building at #22 Railroad Square from the City for the purpose of operating a children's museum. The museum board proposed the lease rate of $1 per year for 15 years with the museum assuming all utility costs, maintenance and repairs of the building and its systems, except the City would continue to provide snow removal.

The Children's Museum would be responsible for all leasehold improvements, and carry fire and liability insurance. The Children's Museum would provide a performance bond to guarantee payment of utilities.

In December of 1994 the City advertised for proposals for the use of the Zellerbach Building. No proposals were received by January 30, 1995, and no other proposals had been received since that time. The building had been occupied by the Children's Museum of Montana since September, 1997. Staff felt the requirement to put the building lease out to formal bid again was not warranted because: the Children's Museum fulfills a public purpose; and there was no reasonable expectation that another party would be interested in making a bid to offer a children's museum.

The notice of public hearing to consider the lease was published in the Great Falls Tribune on November 16, 2003.

Mayor Gray declared the public hearing open. Speaking in favor of the Children's Museum was Ashby Burchard, 3226 5th Avenue North, stated his children enjoy the museum and he supports its continued mission.

Darlene Boss, 121 21st Street North, Executive Director of the Children's Museum of Montana, 22 Railroad Square, and Rebecca Young, 1308 Park Garden Road, President of the Children's Museum of Montana Board of Directors, wanted to thank the City for their support. They also stated that the museum had scholarship programs and different kinds of educational programs. They encouraged the City to extend the lease and give them a chance to grow.

Rebecca Young, on behalf of the Board of Directors presented the City with a plaque of appreciation.

Mayor Gray declared the public hearing closed being there was no one further in support or opposition and stated that the Children's Museum had enthusiastic support from the Commission.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that City Commission approve the Lease of the Zellbach Building with the Children's Museum of Montana.

Motion carried 5-0.
 

CDBG Administrator Kim Johnson reported the purpose of this Consolidated Plan community issues public hearing was to allow the citizens, especially lower income citizens of Great Falls an opportunity to advise the City Commission of the community's issues. Ideas were encouraged as to how federal grant funds could be used to address these issues and help eliminate needs. The comments heard at this public hearing would be considered by the City Commission in allocating the 2004/2005 Community Development Block Grant and HOME Grant funds.

This hearing was not meant to be a format for agencies to lobby for their respective Community Development Block Grant or HOME Grant funding applications. Instead, individuals were encouraged to speak to housing and non-housing community development issues in the City, and especially the effect of these issues on low and moderate income people.

A forum to obtain public input as to the needs of the community was required by the U.S. Department of Housing & Urban Development in order for the City to secure federal grant dollars. The Citizen Participation Plan, adopted by the City Commission on January 18, 2000, stipulates a public hearing to allow citizens, especially lower income citizens, the opportunity to speak of the needs of the community, and to make recommendations to the City Commission of the use of the Community Development Block Grant and the HOME Grant funds to help address issues and eliminate needs.

Mayor Gray declared the public hearing open.

Roland Leitheiser, 136 Sharon Drive, President of the Upper/Lower River Road County Water District expressed his concerns for the district just south of the City limits, along the banks of the Missouri. The District consists of about 400 families which were fifty-eight percent Low and Moderate Income (LMI). That was two hundred and twenty-five low to moderate families. The potential for health hazard existed in the entire district. There was a twenty-three subdivision with an aging sewer lagoon that was leaking badly. There were five mobile home courts each with a small public sewer system. Of the five mobile home parks each consists mainly of low to moderate income families. There was little or no area for replacement of drain field needs if needed. This could result in displacement of a large number of the LMI families in the mobile home court. The City and the District had worked together since 2001 to keep this from happening and find solutions to some for the ground water problems. The district held a bond election early November that failed. In part because of the high cost per user. With the City Community Block Grant, funds are necessary to defray the cost of the low to moderate families and help bring this project affordable.

City Engineer, David Dobbs, 609 40th Street North, City Engineer. Mr. Dobbs represented the Public Works Department and reported that the primary focus of the Public Works Department was the up keep and improvement of public structure used by Great Falls citizens. The CDBG program fills an important financial gap by allowing improvements to be made in Great Falls lower income areas which are usually the older parts of the City. Without the CDBG support needed improvements would be delayed or perhaps not implemented at all. Public Works currently had three CDBG projects under way. These three were a continuation of a long series of improvements that had been done since 1989. This year Public Works teamed up with Park and Recreation Department to manage Park and Recreations CDBG project which was to install handicap ramps and replace defected sidewalks in the three City parks. This project was for Roosevelt, North Kiwanis and Boston Heights Parks. The project was about eighty-five percent complete at this point and would be completed as weather allowed. The projects performed by Public Works comply with CDBG objectives. Specifically they contribute to the cleanup of slum and blight. The projects improve property values and contributed to meeting ADA requirements. All had a direct benefit to low and moderate incomes citizens and they had added value to the targeted areas. Public Works porposed a similar CDBG projects for the coming year. On behalf of the City and numerous residents Mr. Dobbs thanked the CDBG program for their support and looked forward to making additional progress in the near future.

Sheila Rice, 913 3rd Avenue North, Great Falls, Represented Neighborhood Housing Services and Patty Caldwell, News editor for Neighborhood Housing Services, encouraged the City to maintain and set aside with the CDBG for home ownership opportunities for hard working people and to use the home dollars for homeownership assistance. They thanked the City for their support and looked forward to being included in home ownership opportunities, community block grants and the home dollars.

Colette Gray, Community Advocate at Opportunities Inc., stated that in trying times it takes all of us working together to help our community with those that are struggling to make ends meet. They would also like to thank the City for investing the full fifteen percent of the money allotted from the community development block grant into services that directly affect our low income citizens.

Mayor Gray declared the public hearing closed.

Mayor Gray asked if there be any discussion or questions among the Commissioners.

Commissioner Bill Beecher asked Kim Johnson to describe the process that the program goes through as far as selection who gets what.

Kim Johnson stated that at the next Commission meeting the Commissioners would be asked to prioritize the block grants into four or five categories that the Commissioners would accept projects for. They would be accepting applications from the 17th of December 2003 through the 6th of February 2004. At that time the applications would be reviewed by a community board members that the commission appoints ten members. They would meet over a series of three to four meetings and review them and hear presentation from the applicants and present their recommendations for the block grant and the home grant funds to the commission on March 16th, 2004. They would then open up their recommendations as well as their plan for the year for the funding to the public for thirty days and they would accept comments on that and hold another public hearing on April 6th, 2004. Then on April 20th, 2004 the Commission would be asked to make a final decision on the funding. Then the funds are not available to be spent until July or August 2004, as soon as they received them from HUD.

Mayor Gray asked Kim Johnson about the district south of Great Falls that Roland Leitheiser spoke about the need for the upgrade of the sewer water system. That currently was not part of the City and was it eligible for CDBG funding?

Kim Johnson said there was an agreement regarding annexation by district properties which could make the project meet the CDBG requirements.

Commissioner Sandy Hinz asked if it was true that the fifteen percent could only be used for human services kind of projects. Kim Johnson responded that that was correct. That was a requirement that was set by HUD. The reason was primarily originally the grant was set up as a type of bricks and mortar type of program to build communities. It could not be used for economic development, job training and lots of various reasons. They have that limit on services.

Mayor Gray asked when making the presentation on how this was broken down into percentages, could Kim Johnson give the Commission the history of what was allocated each of the percentages of the last ten years?

Kim Johnson stated primarily the four categories had been affordable housing, public infrastructure, economic development and administration.
What had happened over the last few years was that a higher percentage had been allocated towards public infrastructure. Just because that had been the need. It had been approximately twenty percent affordable housing, thirty-five to forty percent for public in for structure, sixteen percent for administration, a small amount for economic development and fifteen percent public services. Historically, the full fifteen percent had been allotted for public service.
 

NEW BUSINESS

Resolution 9353 sets a public hearing for January 6, 2004, to consider annexation of 4.5 acres of land along the south side of 10th Avenue South near 30th Street. The unincorporated enclave was entirely surrounded by the incorporated area of the City.

A portion of the block of land bordered by 10th Avenue South and 11th Avenue South between 29th and 32nd Street South had never been annexed to the City. The unincorporated enclave, comprising 4.5 acres, was entirely surrounded by the incorporated area of the City.

The unincorporated area consists of several parcels owned by different parties and was legally described as Talcott Addition, Mark No. 18, Section 17, T20N, Range 4E, B2, L7-9 Cascade County, Montana.

This annexation was precipitated by a letter from Neighborhood Council District No. 5 to the Mayor. The City Commission, in turn, directed that annexation of the subject property be initiated.

According to Section 7-2-4501, Montana Code Annotated (MCA), a City may include as part of the City any platted or unplatted tract or parcel of land that was wholly surrounded by the city upon passing a resolution of intent, giving notice, and passing a resolution of annexation. Section 7-2-4502, MCA, provides wholly surrounded land was annexed, if so resolved by the city or town council, whether or not a majority of the real property owners of the area to be annexed object.

Public infrastructure exists to adequately serve the 4.5 acres being considered for annexation. The property was bordered on the north by 10th Avenue South and on the south by 11th Avenue South, both roadways are improved with paving, curb and gutter. City water mains exist in the abutting segments of 10th and 11th Avenues South and sanitary sewer mains existed in 11th Alley South extending across Mark No. 18 and in the abutting portion of 11th Avenue South.

An outstanding issue was potential reimbursement for existing public infrastructure in the abutting portion of 11th Avenue South. Typically, any reimbursement was owed as a condition of annexation of subject property. Segments of the existing water and sanitary sewer mains and paving, curb and gutter were installed and paid for more than 25 years ago by the original developers of Devonshire Addition and Robinson Addition. Resolving the reimbursement issue was complicated in that determining who should be entitled to any reimbursement at this point in time was practically impossible and in most instances the City was never provided cost figures for the installation. If proper documentation verifying who was entitled to the reimbursement and substantiating the costs incurred in the infrastructure installation are provided, then it was probable the City, if it unilaterally annexes the subject 4.5 acres, may assume some obligation in paying the reimbursement.

A main concern property owners have with annexation to the City was the increase in taxes. Using subject Mark No. 18 as an example, said property paid a total of $9,483.27 in taxes in 2003. Based upon the difference in assessed mills for 2003, Mark No. 18 would pay an additional $1,675.00 if the property were within the City. This amounts to a tax increase of 15persent. The annual street maintenance assessment for Mark No. 18 (161, 172 sq. ft.) would be $1,083.24. This assessment was applied to all incorporated properties and was included as part of the annual tax assessments. The City fire hydrant maintenance assessment and storm drainage assessment are collected through monthly utility billing. These two assessments are not initiated until the property develops with City utility connections.

The Planning Board on November 12, 2003, conducted a public hearing on the annexation. At the conclusion of the public hearing passed a motion on a 7-1 vote recommending the City Commission annex Lots 7-9, Block 2, Talcott Addition, and Mark No. 18, Section 17, T20N, R4E.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9353 expressing intent to annex a 4.5 acre unincorporated enclave along 10th Avenue South near 30th Street and setting a public hearing on the annexation for January 6, 2004.

Motion carried 5-0.
 

Ordinance No. 2866 assigns a zoning classification of "GC" General Commercial, "D" Area District, to the northerly 200 feet of Mark No. 18 and "LB" Local Business, "D" Area District, to the southerly 218 feet of Mark No. 18 and all of Talcott Addition, B2, L7-9.

The 4.5 acres proposed to be annexed was bordered on its east and west boundaries by areas zoned "GC" General Commercial District. The abutting area to the south is zoned "C" Residential (multi-family).

Zoning the northerly 200 feet of Mark No. 18, which fronts on 10th Avenue South, as General Commercial District was consistent with the current City zoning on abutting properties.

Zoning the southerly 218 feet of Mark No. 18 and all of Talcott Addition, B2, L7-9, as "LB" Local Business District, takes into consideration future development of the subject property. Residential development probably was not realistic or desirable for this area. Conversely, more intense commercial uses permitted in the "GC" General Commercial District should not be allowed considering existing residential uses immediately to the south. The Local Business District would serve as a transitional zone.

The proposed "D" Area classification does not stipulate any minimum building setback distances from a property line.

Considering the immediately surrounding land uses and zoning classifications, staff concluded the annexation and accompanying rezoning of the subject property would not adversely affect any of the above cited criteria.

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

The Planning Board on November 12, 2003, conducted a public hearing on the annexation and rezoning. At the conclusion of the public hearing passed a motion recommending the City Commission assign a zoning classification of "GC" General Commercial, "D" Area District, to the northerly 200 feet of Mark No. 18, Section 17, T20N, R4E, and "LB" Local Business, "D" Area District, to the southerly 218 feet of Mark No. 18 and all of Lots 7-9, Block 2, Talcott, Addition, upon annexation to the City.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2866 on first reading and set a public hearing for January 6, 2004, to consider adoption of Ordinance 2866.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

The term of William Roberts expires on December 31, 2003. Mr. Roberts had served on the board since 1996 and was not eligible for reappointment. Therefore, it was necessary to appoint one new member to fill his position. The terms of Leslie Postlethwait and Wyman Taylor expire on December 31, 2003. Ms. Postlethwait and Mr. Taylor are eligible for and interested in reappointment. The term of Charles Mark also expires on December 31. Mr. Mark had accepted a job out of state and was not available for reappointment.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint to the Park and Recreation Board Doug Hickey and David Simmons for three-year terms beginning January 1, 2004 and expiring December 31, 2006; and reappoint Leslie Postlethwait and Wyman Taylor for three-year terms expiring December 31, 2006

Motion carried 5-0.
 

NEIGHBORHOOD COUNCILS

Phyllis Hemstad, Neighborhood Council # 2, 931 1st Avenue Northwest, stated she was concerned about the money for the Bloomingdale Park. Phyllis Hemstad wanted to know if the project would begin in the spring. Jerry Sepich, Park and Recreation Director stated that the money was secure and weather pending they would start the project in the spring.

Phyllis Henstad also commented on how good of a job the Fire Department did with the purchase of their trucks and paying them off in full. She remarked how efficient the Fire Department was in handling the financing.

Mayor Gray stated that she make a good point. He credited the former City Commissions starting a long time ago; and City Managers and staff going back a number of years. The equipment revolving fund is a powerful tool. It allows for good financial management.
 

CITY MANAGER

City Manager John Lawton reported that he had the numbers for the Commission that was asked for in the work session. The golf courses have $2.1 million in bonded debt and approximately $400,000 in internal debt.
 

CITY COMMISSION

Mayor Gray reported that the National Rails to Trails Conservancy, which promotes conversion of old rail road tracks to hiking trails all around the nation, had named the City's Rivers Edge Trail as the Trail Of the Month.
 

ADJOURNMENT