PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9373 annexes Skyline Park Addition, Phase 13, consisting of 15 single-family lots along the westerly extension of 39th Avenue Northeast and the northerly extension of 4th Street Northeast. The agreement contains terms and conditions associated with subdivision and annexation.

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. Jim Workman Construction completed the platting and annexation of Phases 8 through 10 and 12. Phases 9 and 10 consists of 14 lots, Phase 12 consists of 14 lots. Jim Workman Construction now requested to final plat and complete the annexation process for Phase 13.

The Planning Board, during a meeting held December 23, 2003, recommended approval of the final plat of Skyline Park Addition, Phase 13, and annexation of the area subject to the following conditions:

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

The above stated conditions had been fulfilled.

Ordinance 2870 assigns a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 13.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9373 and Ordinance 2870. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that City Commission adopt Resolution 9373 and approve the final plat and Annexation Agreement for Skyline Park Addition, Phase 13.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2870.

Motion carried 5-0.
 

CDBG Administrator Kim Johnson reported that HUD regulations require one public hearing on the Proposed Consolidated Plan which included the use of 2004/2005 CDBG and HOME funds. The public was also encouraged to comment on the City's overall Community Development Block Grant & HOME program performance and policies.

Mayor Gray declared the public hearing open. Gary Trescott, 820 2nd Avenue Southwest, stated that he supported the plan for improving the Natatorium Pool.

Charlotte Irish, 429 22nd Avenue Northeast, stated that her husband has MS and that they use the Natatorium pool often. She also stated that the bathroom doors were very thin and needed to be corrected.

Patty Cadwell, 509 1st Avenue South, Neighborhood Housing Services, stated that she supported the Plan and asked the City Commissioners to approve it.

Mayor Gray stated that there was no action to be taken at this time. The Commission would take the comments into consideration, and place the plan on the April 20, 2004, agenda for final action.
 

NEW BUSINESS

Assistant City Manager Cheryl Patton reported that Resolution 9376 authorizes the City to approve an Interlocal Agreement with at least four other cities. (Missoula, Helena, Bozeman, Billings and the city/county government of Butte-SilverBow, Montana). The purpose was to create the Montana Public Power Authority (MPPA) and acquire and develop the Montana electric and gas transmission and distribution assets owned by NorthWestern Energy of Montana, a NorthWestern Corporation, which was currently in bankruptcy. MPPA intended to own and operate the utility for the benefit of Montana customers guaranteeing stable rates, and by investing into the system to ensure reliable, essential, energy service for Montana customers. The City of Billings voted against the interlocal agreement.

Financing for the acquisition would be provided through revenue bonds sufficient to acquire the asset. The City would not be liable for repayment of the revenue bonds; instead the debt would be satisfied through the rate base. MPPA intended to acquire the utility without raising rates.

Ms. Patton reminded the Commission that in September 2003, the City established its own electric utility by ordinance. Since then, staff has investigated both energy supply, through participation with Montana cooperatives in the Southern Montana Electric Generation and Transmission Cooperative (SMEG&T); and now the Transmission & Distribution assets of poles and wires by cooperating with six larger Montana Cities through this interlocal agreement to create the Montana Public Power Authority.

The MPPA would be governed by a board of directors. Each participating city would have one permanent seat on the board. Up to four other seats would be created based on geographic regions of the service district to guarantee representation of all areas in governance, operation and rate setting.

City Manager John Lawton stated that public power companies are common in other states.

Mayor Gray stated that this was an essential service that was needed and that it was time to take control of the City's destiny.

Commissioner Rosenbaum stated that NorthWestern had done little to no maintenance on the system and that the City could provide a reliable service.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9376, Authorizing the City of Great Falls to enter into the Interlocal Agreement, for the purpose of creating, and governing the Montana Public Power Authority.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Resolution 9375 would initiate vacation of a partial cul-de-sac on Sacajawea Drive between 8th and 9th Streets Northeast. The Planning Office received an application to vacate a partial cul-de-sac on Sacajawea Drive between 8th and 9th Streets Northeast. The involved dedicated right-of-way was actually a bulb-out or a semi-circle with a 50-foot radius.

Michael and Constance Butler own and occupy the residence at 821 Sacajawea Drive. Rich and Barbara Osweiler own and occupy the residence at 811 Sacajawea Drive. The Butler's desired to construct an addition to the front of their house. Abandonment of the partial cul-de-sac would allow the Butler's to comply with zoning front yard setback requirements.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9375.

Motion carried 5-0.
 

Resolution 9374 sets a public hearing for May 4, 2004, to consider the annexation of 6th Supplement to Skyline Heights Addition, consisting of 11 proposed single-family residential lots and dedicated segments of 11th and 12th Streets Northeast and the easterly expansion of Skyline Heights Park.

Last December, the City and County Commissioners conditionally approved the preliminary plat of 6th Supplement to Skyline Heights Addition, consisting of 11 proposed single-family residential lots along the southerly extensions of 11th and 12th Streets Northeast located immediately west of the television facilities of KRTV and KFBB. The developers of the subdivision are Joe Aline and Gene Shumaker. The subdivision also includes 2.1 acres comprising the easterly expansion of Skyline Heights Park.

The Planning Board, during a meeting held February 24, 2004, recommended approval of the final plat and annexation of 6th Supplement to Skyline Heights Addition, subject to the following conditions:

1. The applicant shall execute an Annexation Agreement acceptable to the City.
2. The applicant shall pay all applicable fees.
3. Final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department.

Mr. Rangel stated he anticipated the above stated conditions would be fulfilled prior to the annexation hearing on May 4, 2004. Also, prior to the annexation hearing on May 4, the Commission would be provided a copy of the final plat of 6th Supplement to Skyline Heights Addition and the Annexation and Improvements Agreement.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9374.

Motion carried 5-0.
 

Ordinance 2872 assigns a zoning classification of "A" Residence Use, "A" Area District, to 6th Supplement to Skyline Heights Addition, upon annexation of same to the City. The Planning Board, at the conclusion of a public hearing held November 25, 2003, recommended the City Commission to approve the suggested zoning.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2872 on first reading and set a hearing for May 4, 2004, to consider adoption of Ordinance 2872.

Motion carried 5-0.
 

CONSENT AGENDA

Mayor Gray requested that item 17A be removed from the consent agenda and be presented separately.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed, less item 17A.

Motion carried 5-0.
 

Police Chief Robert Jones reported that on March 30, 2004, the Park and Recreation Department closed the Riverside Railyard Skate Park because two rules signs were stolen. Park and Recreation staff had also been tasked with additional clean up of the park due to the increased usage and related littering. Additional monitoring of the facility was necessary. This could be accomplished using electronic monitoring rather than increasing personnel staffing.

The purchase of a panic communication system and a digital surveillance system for the purpose of reporting, monitoring and recording all daytime activities in key areas was recommended. This system would establish access to the local City website to allow for 911 reporting; 24 hours a day/ 7 days a week in case of an emergency. This purchase would help officers enforce rules at the unmanned skate park.

The contract would be awarded to Rocky Mountain Hi-Fi. Based on Montana Code Annotated 2003 7-5-4303, exemptions from bidding or advertising requirements are provided for the Cities to go through for certain contracts, in emergency situations and would best serve the public interest.

City Attorney Dave Gliko stated that the statute allows for an emergency bid if an emergency is declared by the Commission and relates to public health, welfare and is in the best interest of the Community. He reminded the Commission that approval of the contract award required a 4/5ths vote.

Paul George, 504 4th Avenue South, asked about the privacy act pertaining to the public being live on the web-site? Also, if the City currently used surveillance cameras?

Police Chief Robert Jones stated that they do use surveillance cameras and that the cameras at the skate park would be fixed cameras.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the emergency contract for a digital surveillance system at the Riverside Riveryard Skate Park to Rocky Mountain Hi-Fi in the amount of $33,325.00.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Meadowlark Addition No. 3 is located southwest of Grande Vista Park and immediately east of Flood Road and consisted of 18 single-family residential lots. Owner/developer Tom Skovron, represented Meadowlark Partners, LLP, submitted applications for:

1. Preliminary Plat for Meadowlark Addition No. 3.
2. Annexation of Meadowlark Addition No. 3 consisting of approximately 6 acres.
3. Rezoning of the area requested to be annexed.

The Planning Board conducted a public hearing on the preliminary plat on March 23, 2004. At the conclusion of the public hearing, the Planning Board unanimously passed a motion recommending the City and County Commissions approve the preliminary plat of Meadowlark No. 3 Addition and the accompanying Findings of Fact subject to the following conditions being fulfilled by the applicant:

1. The final plat incorporate correction of any errors or omissions noted by staff including provision of the entire right-of-way for the abutting portion of Flood Road.
2. The Public Works Department approve the final engineering drawings and specifications for the required public improvements.
3. The Annexation Agreement be prepared and approved.
4. All applicable fees owed be paid.
5. A financial surety (i.e. certificate of deposit) be established in the name of the owner/developer and the City to cover the Subdivision's proportionate share of the costs for future roadway and remaining water main in the abutting portion of Flood Road.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission approve the preliminary plat of Meadowlark Addition No. 3, and the accompanying Findings of Fact subject to fulfillment of conditions stipulated by the Planning Board.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that the preliminary plat of Eagle's Crossing, Phase 1, consists of 59 residential lots (58 single-family and 1 Multi-Family) and an 11-acre park located along the west side of the Bootlegger Trail about one-half mile north of 36th Avenue Northeast.

Matt Rosendale submitted applications regarding the following:

Rezoning the area to the City "A" Residence Use (single family), "A" Area District, for Blocks 4 and 5; "A" Residence Use (single family), "B" Area District, for Blocks 2 and 3; and "C" Residence Use (multifamily), "C" Area District, for Lot 1, Block 1.

The Planning Board conducted a public hearing on the preliminary plat on March 9, 2004. At the conclusion of the public hearing, the Planning Board unanimously passed a motion recommending the City and County Commissions approve the preliminary plat of Eagle's Crossing, Phase 1, and the accompanying Findings of Fact subject to the following conditions being fulfilled by the applicant:

1. The final plat of Eagle's Crossing, Phase 1, incorporate correction of any errors or omissions noted by staff.
2. The final engineering drawings and specifications for the required public improvements to serve Eagle's Crossing, Phase 1, be submitted to the Public Works Department for review and approval prior to consideration of the final plat of the Addition.
3. An Annexation Agreement be prepared and approved
4. All applicable fees be paid with the consideration of the Eagle's Crossing, Phase 1, including:
5. Prove the appropriate off-site easements to accommodate:
   1. connection to proposed City water main in U. S. Highway 87;
   2. connection to existing City sanitary sewer system in or near Countryside Village Mobile Home Park;
   3. storm water detention facility west of subdivision; and
   4. temporary vehicle turnaround at the south and north termini of the street bordering Blocks 3 and 4 of subdivision.
6. Applicant obtained all necessary approvals from the Montana Department of Transportation for proposed approaches onto Bootlegger Trailer prior to final plat approval.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission approve the preliminary plat of Eagle's Crossing, Phase 1, and the accompanying Findings of Fact subject to fulfillment of conditions stipulated by the Planning Board.

Motion carried 5-0.
 

Steven Akers was appointed on June 24, 2003, to serve a four-year term through June 30, 2007. Mr. Akers was being transferred to Oregon. Therefore, it was necessary to appoint one new member to fill his position.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint Frederick "Rick" Walsh to the Business Improvement District for the remainder of a four-year term, through June 30, 2007.

Motion carried 5-0.
 

City Manager John Lawton stated that due to an article in the Great Falls Tribune pertaining to parking rate increases, he wanted to clarify that there currently was no parking rate increase before the City Commission. There was preliminary discussion to discuss a proposal for an increase, and revamping rates. He stated that there was nothing coming in the near future for a final proposal. If a proposal was finalized, the City would incorporate opportunity for a public discussion including a public hearing.
 

Mayor Gray stated the importance of bike helmets. His son was recently hit by a car and if it had not been for the bike helmet his son could have been severely hurt.
 

Mayor Gray reminded the public that if they are going to walk their pets in the parks to be sure to pick up their pet feces. He stated that he has received several phone calls on this subject.
 

ADJOURNMENT