PUBLIC HEARINGS

Acting Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2868 would rezone GF Townsite, B244, L6-7, addressed as 626 4th Avenue North and located within the Great Falls Central Place Revitalization Plan Area, from its present R-E Residential-Existing to R-O Residential-Office zoning classification.

A petition had been received from property owners Bruce and Melinda Morison to rezone subject Lots 6 and 7 from Residential-Existing (R-E) District to Residential-Office (R-O) District to allow the existing single-family residential structure on the premises to be converted for office use. In addition, numerous petitions and letters expressing both support and opposition to the rezoning had been submitted.

During Planning Board discussion of the application, some Board members thought the property would be difficult to sell as a single family residence and that conversion for office use would not be detrimental to the neighborhood. Other members thought approval would result in a spot zoning and would establish precedence for similar applications and conversions that would, over time, transition the neighborhood into additional nonresidential uses.

While staff acknowledged there may be cyclical difficulties in marketing an older three-story single-family structure, exceeding 5,000 square foot in floor area, attempting to resolve this difficulty through rezoning created other potential neighborhood area problems. The request had elements of spot zoning and approval could set precedents, which were potentially detrimental to the Revitalization Plan and to the character of the neighborhood.

The Residential-Existing (R-E) District, comprising most of the lower north side, contains a variety of residential densities, as well as structure and dwelling unit sizes. There are many large residential structures in the vicinity of subject Lots 6 and 7, some of which are used as single-family dwellings and others as apartments. If this rezoning request were approved, any subsequent similar requests in the vicinity would have to be given the same consideration. This could lead to changing the residential character of the neighborhood by gradually transitioning it into nonresidential uses.

Under current zoning and R-4 density, there are still options available for "reasonable use" of the subject property. The structure on the property was currently arranged as a single-family dwelling unit. The property could be converted to multiple dwelling units similar to what existed when the Revitalization Plan was adopted in 1977. However, this conversion would at least continue to perpetuate a residential use and not trigger a possible transition of the neighborhood into nonresidential uses, which staff determined would be contrary to the intent of the R-E District when it was created.

Based upon the reasons presented, it was recommended by the Planning Board that the City Commission deny Ordinance 2868.

Mayor Gray declared the public hearing open. Speaking in favor of the Rezoning was;

Melinda Morison, P O Box 1714, Whitefish MT 59937, owner of home at 626 4th Avenue North, who stated that they tried to sell their home but did not have any offers until the Law firm made an offer. They were trying to sell this home under appraised value. In 1949-1989 the home had rentals. In 1991 the owners converted it into a bed and breakfast. Morrison's purchased the home in 1995 and lived there for eight years. Out of its fifty-five years the home was only used by single-family usage a few of those years. The house is unique, with 6000 square foot, double lot, and eight bedrooms. This house is located across from the Heisey Center. There is a lot of traffic in the area. Single families that have looked at the home have been concerned about the traffic. Saint Ann's Cathedral Church is on the corner. The law firm would not add any more traffic than what was already there. Mrs. Morrison stated that if this did not pass one of the other options was to turn it into apartments. They did a research appraisal/value on the house versus the rest of the neighborhood. On the 600 and 700 block of 4th Avenue North, the reappraisal value from 2003, the average value was $129,000 compared to the Morrison's home at $ 310,000.

If they were not able to sell the home, they were considering apartments. Some of the other people that showed an interest in this home were people who wanted to have foster homes or group homes.

Sandy Tiggart stated that making the home into Law offices would be a safe environment for the neighbors and the home would be kept up.

Laura Osterman, 720 4th Avenue North, lived in the neighborhood for thirty-nine years, and Marjie McClillan, 614 4th Avenue North, lived in the neighborhood for seventeen years, both supported the Law office purchasing the home.

Sara Sexe, 3105 Kingwood Court, representing the Marra, Sexe and Evenson, P.C., stated that they supported the rezoning. There was unique character in this home that would make comfortable office/home and they would maintain the character in the home. The law firm preferred to buy their own property. They had been in practice for fourteen years. They have approximately nine clients per week and thirty-six clients per month. The law firm does not handle criminal and domestic cases. If the Zoning were to pass, their impact on parking would be less than the Bed and Breakfast, Heisey and Saint Ann's Cathedral. They have seven employees in their office. There were some concerns about the home being vacant during the evenings. The law firm hours are not typically from 8 am to 5 pm. Their staff could work late hours and even weekends. The law firm would be making very little changes to the home. The parking lot that they proposed would be accessed through the alley.

Sara Sexe also stated that it was important for the Commission to consider the upgrading of the property values in the area. Mr. Fontana spoke at the Planning Commission and indicated that the property values would be increased or maintained by the Law Firm use as a residential office of the home. He also indicated that if it was to be broken back into a multi-use or apartment complex's that would likely adversely affect the property values.

John Kunz, Cogswell Agency, represented the Morrison family in the selling of their home. He stated that the Morrison's listed their home at a lower price then market value. The law firm would up hold the maintenance and beauty of in the home to where multi-unit apartments would lower the value of the home.

Donna Osterman, employed with law firm, stated she was in favor of the rezoning.

Tim Boland, 311 3rd Avenue North, spoke on behalf of his mother Donna Boland and himself, both were in favor of the rezoning.

Mayor Gray asked if there were any opposed of the rezoning.

Dona Stebbins, 811 8th Avenue North, represented Neighborhood Council # 7, asked Commission to deny rezoning. She stated that the Neighborhood Council 7 represents the Great Falls Townsite area, and that the District had suffered untold damage from spot zoning in the past. She also stated that the area needed to stay a single-family dwelling. The concern with parking and traffic was an issue.

Danna Duffy, 901 4th Avenue North, was against the sale of the home to the law firm.

Jason Kiser 209 3rd Avenue North, purchased his home there because of residential area.

Mitch Trupila, 811 5th Avenue North, Tom Crane, 1027 4th Avenue North, Christian Madson, 709 4th Avenue North, Ben Carter 1124 4th Avenue North, Colette Longin, 617 4th Avenue North, Gordon Swanberg, 207 3rd Avenue North, Chris Larson, 225 3rd Avenue North, were all against rezoning and the law firm purchasing the home, with issues of parking, traffic and it being a residential area.

Tim Murphy, 2917 Park Garden, stated that he had lived in the area that was being asked to rezone. When they lived there the area was a disaster. The area has been built up and it was a great neighborhood and it needed to stay that way.

Dr. Scott Thomson, 1022 4th Avenue North, stated that he really enjoyed the neighborhood and was against rezoning.

Kyle Larson, Great Falls, stated that his reasons parallels to everyone else that had spoken and strongly opposed spot zoning.

Commissioner Hinz moved, seconded by Commissioner Beecher, that City Commission deny Ordinance 2868.

Commissioner Hinz stated that this would only benefit two, the Morrison's and the Law firm. This was a residential area and Commissioner Hinz was very much in favor of denying the rezoning. Commissioner Rosenbaum stated that there was a fair amount of passion in the neighborhood and opposed the rezoning. Mayor Gray thanked the entire group for the discussion and stated that he opposed zone change. Commissioner Jovick-Kuntz stated that she would be willing to work with the Law firm to find a place to purchase in the downtown area. This was a no win situation for everyone.

Motion carried 5-0.
 

Fiscal Services Director Coleen Balzarini reported that in November of 2003, staff reviewed delinquent accounts in the utility billing area. A total of $5,503.37 was due on accounts with terminated water service. Of this amount, $4,490.72 constituted lienable charges. MCA 7-12-4611 - 12, MCA 7-13-128, and MCA 7-13-4309, MCA, and OCCGF 8.32.332 and 13.26.060 authorizes the City Commission to assess lienable charges against the property to which service was furnished and for which payment was delinquent.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9354. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9354.

Motion carried 5-0.
 

Community Development Director Mike Rattray reported that recently a private party contacted City staff and expressed an interest in purchasing the two city-owned lots located at the northwest corner of the intersection of First Avenue South and Second Street South. The two lots are currently being used as parking that was either leased on a monthly basis or rented on an hourly basis by the general public.

Mayor Gray declared the public hearing open. The following spoke in support of the sale of the City-Owned Land.

Dan Rice of Transystems, Inc., stated that they are a service center here in Great Falls, a trucking company. They have been in Great Falls a number of years. The company does not have any trucks in Great Falls, so that would not be a problem around the area. He also stated that the property would be handicapped accessible. This property would only be developed for their business. They were not looking for public money, grants or any other support in that nature. This was purely a private enterprise. They were not a retail business. They had about fifteen to seventeen employees in their office. The last time there was a customer in their facility was two years ago. The business tended to not create a lot of traffic/parking. Mr. Rice stated that if this was not something the public wanted, that they were willing to consider a different alternative.

Mayor Gray asked if there was anyone opposed against the sale of the lots.

Jolie Ostman, 309 2ne Street North, employed with Studio Montage located at 118 Central Ave, stated that she was concerned about the parking. Studio Montage had seventeen women working there and that there was not enough parking. Also, that it was not safe for women to be walking two and a half blocks to the parking garage after dark.

Michelle Langevin, 2216 8th Avenue South, and Jamie Watson, employees of Studio Montage, stated that they welcomed new business's downtown, but not to sacrifice parking. They were very concerned about loosing a very valuable parking lot. The parking issue was a top issue from clients who stated it was hard enough to find parking as it was.

DeeAnna Corn, 2725 Ivy Drive, owner of Studio Montage, stated that one of the reasons she chose the area for Studio Montage was because of the great parking. Originally, she wanted to go into the Johnson Hotel, but that seemed like an unsafe environment for women to work. She had concerns about the parking and safety of employees and clients and the distance that they would have to walk after hours.

Carl Kochman, President and CEO of Wendt/Kochman, stated that he had mixed feelings, and that this sale of property was happening very fast. He asked that the motion be tabled.

Autumn Kersten, owner of Primrose Tea Cottage, was concerned about safety issues and parking for customers.

Gail Dust, employee of Studio Montage, stated that she had been working downtown for about eighteen years and parking had always been an issue. It was scary downtown after hours to be walking to your vehicle two blocks away. She stated that on Saturdays when the Farmers' Market was operating there was absolutely no parking. There were plenty of other places for a business to build, not just downtown.

Jacinte McCullough, employee of Studio Montage stated that their main concern was the downtown parking and safety of employees and clients having to walk distances in the downtown area after hours. There was very limited parking down town and when the Civic Center had events there was no parking.

Tim Murphy, 2917 Park Garden Lane, stated that the motion should be tabled and the Commission should get more information in regard to possible alternate solutions. Mr. Murphy also stated that he had a possible alternative solution of property that might work for Mr. Rice.

There being no one further to speak in support or opposition, Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Sale of Lots 8 and 9, Block 367, Great Falls Original Townsite, to Transystems Inc. and authorize the City Manager and staff to execute the necessary documents.

Commissioner Beecher stated that there seems to be plenty of areas after hours on the streets for parking. He stated that the parking was not full from 5-8 pm and that he was sensitive to the safety factors. He also stated that Dan Rice was willing to look at something else to see if it had merit. In absence of this, he would vote in support of the motion because there were options that are viable for people.

Commissioner Jovick-Kuntz state she would like to table this sale and receive definite information and maybe some diagrams. She was concerned with the parking. Community Development Director Mike Rattray confirmed that there were thirty-nine spaces in that lot, thirty-six that were monthly leases. The space behind the bus depot, across from the City County Health Department had thirty-nine spaces, twenty-six un-leased. Lot 7 behind Downtowner has thirty-one spaces with fifteen vacant. He also stated that there were one hundred and forty-three spaces available in the parking ramp. Commissioner Jovick-Kuntz stated that parking was an issue and that she felt the City rushed into this without having much discussion. Mayor Gray stated that this takes a non-performing tax-exempt property out of a tax exempt status and puts it on a tax base of this town. The City has fifty-six parking spaces within a very short distance of the business of whom the employees have spoken on. There was also parking available in the parking garage.

Mayor Gray stated that there was a lot of concern of safety in the area and that City's Police Department would be taking care of that issue. As the City gets more commercial and office construction in the area the City would see a lot more police patrol.

Mayor Gray asked Dan Rice if he had any further comments. Dan Rice stated the three-fourths of their employees were women and they were very sensitive to that issue. He stated that if their proposal was going to force the Commission into a difficult decision, they would reluctantly, but very willingly withdraw the proposal. Mr. Rice also stated that their treatment from the City had been first rate.

Commissioner Hinz was excited about a new business going in downtown and shocked to hear the opposition. She stated the Commission should table this. Commissioner Rosenbaum stated that he was concerned with the Civic Center events and not being able to find a place to park. Parking was what separated us from the mall. He stated that the Commission needed to table the motion for more discussion. Mayor Gray stated that he was concerned about loosing a new business to the downtown area. The possible delay could defer the construction in this area.

Motion 3-2. Commissioners Rosenbaum and Jovick-Kuntz dissenting. Motion did not carry, as is required by 3.04.010 OCCGF. (4/5ths vote was required).
 

NEW BUSINESS

CDBG Administrator Kim Johnson reported that the Memorandum of Understanding (MOU) was the result of a collaboration between local health care providers and the City of Great Falls to provide support and assistance to the Indian Family Health Clinic in their efforts to provide public health clinic services primarily to low and moderate income people. The MOU illustrates the responsibilities of each party with regard to the use of Community Development Block Grant (CDBG) funds in the purchase of condominium space in the Medical Office Building located at 1220 Central Avenue, and illustrated the support that would be given to assist Indian Family Health Center in providing needed public health services in Great Falls.

DJ Lot, Executive Director of the Indian Health Clinic, stated that the Clinic had been operating for about four years. Their programs have grown to a full ambulatory care clinic, diabetes care clinic, and behavioral health offices which include; substance abuse, mental health counseling, tobacco prevention out reach, Hepitis C out reach, HIV prevention and most recently as a result of this memorandum the opening of a fitness and well clinic. This was a good use of CDBG funds and also met the needs as prescribed by their initial application. Throughout the past year, they have outlined how they were going to do those. This memorandum of understanding outlines more specifically how this was supposed to be done.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission approve the Memorandum of Understanding between the City of Great Falls, Benefis Healthcare and Indian Family Health Center.

Motion carried 5-0.
 

Fiscal Director Coleen Balzarini stated that Resolution 9358 assesses costs incurred by the City in removing nuisance weeds from certain private properties during 2003, against the individual properties.

In accordance with the OCCGF 8.44.040, property owners were notified in writing of weed violations. The City Weed Inspector made determinations of the existing violations. Re-inspections confirmed the weeds had not been removed and were subsequently cut by City crews. Property owners had been billed for the charges numerous times and payment had not been received.

During the spring and summer season of 2003, 2,055 notices of weed violations were mailed to individual property owners. After re-inspections and subsequent cutting by City crews, 66 property owners were billed for the costs associated with the removal of those weeds.

MCA 7-22-4101, authorizes the City Commission to levy the cost of removing nuisance weeds against the properties if payment is not made.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9358.

Motion carried 5-0.
 

Fiscal Director Coleen Balzarini stated that as part of the issuance process related to the proposed Series 2004 Storm Drainage System Revenue Bonds, the City was required to pass Resolution 9360 to authorize the issuance and fix the terms and conditions of the series 2004 Bonds.

The City's Storm Drain Master Plan, completed in 1989, included recommended improvements to the 15th Street storm drain and its main connecting storm drains. This project would construct a new large storm drain from near River Drive along 14th Street to Central Avenue and then from 14th Street along Central Avenue to 15th. The continuation, scheduled for 2005, would extend a large storm drain from 15th Street along Central Avenue to 18th Street and along 1st Avenue North from 18th Street to 19th Street.

A Memorandum of Understanding between the Montana Department of Transportation and the City, approved in June of 2001 allowed the reconstruction of 3.4 miles of 14th & 15th Streets (combined) between 10th Avenue South and River Drive. An agreement approved on April 15, 2003 incorporates the City's storm drain improvements into the MDOT reconstruction and establishes the City as the operator of the new improvements.

On January 6, 2004, the Commission approved Resolution 9355 authorizing a Commitment Agreement for the issuance of Revenue Bonds through the Wastewater Pollution Control Revolving Fund Program through the Department of Natural Resources and Conservation. This program provides a funding source for wastewater construction projects at competitive interest rates. The interest rate charged for this financing is 3.75 percent plus a one-time origination fee of 1 percent. Administrative fees under the DNRC program were comparable to Issuance Costs related to traditional bond financing. Storm Drainage Rates (current and proposed) were capable of supporting this debt issuance.

Dorsey & Whitney would serve as bond counsel to DNRC. In that capacity they'd prepare necessary resolutions for approval by the City Commission and the DNRC. They would also provide assurance that the procedures used to issue the bonds were in compliance with rules and regulations regarding the issuance of tax-exempt revenue bonds, and also in compliance with existing bond ordinances of the outstanding Storm Drainage System Revenue Bonds of the City.

The City had financing currently in place through DNRC for sewer and water bonds.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9360.

Motion carried 5-0.
 

Fiscal Director Coleen Balzarini stated that the projected June 30, 2004 SID Revolving Fund balance would be $468,127. This was $418,414 above the minimum balance required by State Statute, and $62,763 below the amount allowed by IRS Arbitrage Standards related to maximum debt service reserves. Staff stated that this balance provided adequate reserves within the SID Revolving Fund.

Existing SID policies, along with retained SID debt service and revolving fund balances, would continue to provide exceptional security for the City's SID bonded debt.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9361.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

Andrew Finch, Planning staff, stated that to guide the public and private development of lands along the Missouri River in Great Falls, the Great Falls City-County Planning Board had prepared a document titled, "Missouri River Corridor Master Plan."

On January 13, 2004, the Great Falls City-County Planning Board approved the Missouri River Corridor Master Plan and recommended approval by the City and Cascade County Commissions.

The 1999 City-County Comprehensive Plan and subsequent 2003 City-County Growth Policy recommended the community "Prepare a detailed master plan for the Missouri River corridor", which would include lands adjoining the Missouri River in the City of Great Falls and nearby rural areas. In support of this recommendation, the City Commission set development of this Master Plan as one of its top goals. The City-County Planning Board hired a consultant, CTA LandWorks of Billings, at the end of 2001 to prepare such a Plan.

A "Work Group" consisted of local government staff members, interested individuals from the community, corridor stakeholders and property owners was formed to aid in the preparation of the Plan. A community workshop was held in 2002 to gather and evaluate comments from the Group and the general public. Through the efforts of the consultant, Work Group and the Planning staff, a draft Plan was completed and presented to the City Commission at a Work Session in March 2003. At that time, the draft Plan was opened for public comment and remained in that status until December 2003, when staff completed a review of and revisions to the draft Plan, including new illustrations and some revised text. This revised draft was again provided to the Work Group in mid-December 2003 for final comment.

The Missouri River Corridor Master Plan was a vision for the Missouri River and adjoining lands through the urban area of Great Falls. In addition to an overview of existing conditions, the Plan provided possible development scenarios for what were referred to as "pulse developments" in key areas of the Corridor, along with recommendations for appropriate land uses, aesthetic improvements to the transportation system.

The main intent of the Master Plan was to stimulate positive, quality growth and redevelopment of underutilized public and private lands along the corridor. A few of the anticipated benefits of such growth were:

• Economic development;
• A more active, vital riverfront, more central to community activity; and,
• Preservation and restoration of river banks and lands adjoining the river.

A companion study and report, the Missouri River Urban Corridor Inventory & Assessment, was prepared by a consultant for the Cascade County Conservation District to document existing conditions, potential restoration and enhancement opportunities of the riverbanks in the Great Falls area. This study, funded in part by the City-County Planning Board, complemented the Missouri River Corridor Master Plan and was included by reference in the Master Plan.

The Master Plan also included an Implementation Strategy that, if followed, would lead to a more vital riverfront with healthier, more sustainable and more economically viable land uses. It was a highly visual plan, with maps, photographs, and concept development plans and diagrams. The Plan could and should be used as a promotional item to attract potential developments to invest in riverfront properties.

The Master Plan was also intended to guide redevelopment in a responsible, sustainable manner. Environmental remediation increased public access to the River and enhanced facilities for pedestrians and bicyclists are among the recommendations included in the Plan.

The Plan was not intended to be used as a regulatory document but, again, as a guide for development in the Corridor. As both public and private investment occurred in the Corridor, this document should be used as a reference. It should also serve as a guide for revision and update of City and County codes, regulations, and development policies. Finally, specific recommendations for implementation of the vision in the Master Plan should be followed and promoted by the City-County Planning Board, City of Great Falls, Cascade County and other interested public and private organizations and individuals.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission set 7:00 PM, February 3, 2004, as the time and date of Public Hearing to consider adoption of the Missouri River Corridor Master Plan.

Motion carried 5-0.
 

David L. Davis and Mary Dupuis were appointed in February of 2001, and Arthur Bundtrock and Chris McGregor were appointed in February 2003, to the Community Development Council. Ms. Dupuis, Mr. Bundtrock, Mr. Davis and Mr. McGregor were all eligible for and interested in reappointment.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission reappoint Arthur Bundtrock, David L. Davis, Mary Dupuis and Chris McGregor to three-year terms through January 31, 2007, to the Community Development Council.

Motion carried 5-0.
 

The term for John Kelly expired on December 31, 2003. Mr. Kelly was not interested in reappointment. MCA 76-1-201 requires that appointments be designated as "citizen" or "official" members; therefore this new member would be appointed as an "official" designation.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission appoint William Bill Roberts to the City-County Planning Board for a two-year term as "Official" member, expiring December 31, 2005.

Motion carried 5-0.
 

Mike Witsoe stated what concerned him was representation in the City of Great Falls. He added that if the Commission would put on the agenda what really was going on with the Commission then more people would attend. Mr. Witsoe continued his testimony using expletives.

Mayor Gray called Mike Witsoe out of order and asked him to step away from the podium, due to his swearing, and name calling.

Mayor Gray asked if there were any other comments from the public. Tim Murphy stated that on the discussion of the parking lot, Greg Madsen who was head of the Business Improvement District did not get a chance to talk. He stated that the Commission shut him down. The Commission had their discussion and voted and that was that. Mr. Murphy said that every other proposal that was going on, there was a final comment. He would like to find out what the procedure was to have a meeting with the Commission, Council, and John Lawton to discuss the situation that happened. He thought he made it clear to walk away from the deal.

Mayor Gray stated that in the Commission's process, the Commission asked if there were any comments from anyone in the room. That was very clear in the City's public hearing process. If Greg Madsen chose not to stand up and speak, that was his business. The Commission called for anyone multiple times for anyone to make their comments. Mayor Gray also stated that Mr. Murphy was entitled to work with Mr. Rice and encouraged them to do that if it were possible. The Commission had given people ample opportunity to speak on this issue. Mr. Madsen had ample opportunity to speak on this issue.

Tim Murphy asked whom he could call to set up a meeting with to discuss this issue. City Manager John Lawton stated that he could call directly to his office to set up a meeting. John Lawton also stated that Mr. Murphy could call any Commissioners and the Mayor and that they would be happy to meet at any time. Mayor Gray confirmed they could meet at any time.
 

ADJOURNMENT