PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9392 annexes Lot 3, Block 1, Division Addition, a 1.515 parcel of land located immediately east of the intersection of 17th Avenue Northwest and 1st Street Northwest whereon Accessible Space, Inc., proposed to construct an 18-unit apartment building for the physically disabled. The annexation agreement contains terms and conditions pertaining to approval of the subdivision and annexation.

At the conclusion of the public hearing held on March 23, 2004, the Planning Board unanimously passed a motion recommending the City and County Commissions approve the Amended Plat of Lot 3, Block 1, Division Addition, and the accompanying Findings of Fact and that the City Commission annex Lot 3 contained therein subject to the following conditions being fulfilled by the applicant: payment of all applicable fees and reimbursements owed as a condition of annexation approval; correction of any errors or omissions on the Amended Plat which may be noted by staff; resolving with the Community Development Department the apparent deficiency in number of required off-street parking stalls; preparation of a certificate of title by a title company to be filed with the Amended Plat and entering into an annexation agreement containing standard terms and conditions associated with annexation.

Mayor Gray declared the public hearing open. Mark Macek, 801 Fox Drive, spoke in support of Resolution 9392 and Ordinance 2873. He stated that it was a great project for Great Falls and would be built with quality.

There being no one further to speak in support of or opposition to Resolution 9392 or Ordinance 2873, Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9392 and approve the Amended Plat, Annexation Agreement and Findings of Fact all pertaining to Lot 3, Block 1, Division Addition.

Commissioner Hinz commented on how the City was in need of this project and how pleased she was with it.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2873.

Motion carried 5-0.
 

Park and Recreation Director Jerry Sepich reported that adopting Resolution 9385 would establish the following boat launch fees at Broadwater Bay:

These fees would be required of all motorized water craft users and would be in effect from Memorial Day weekend through Labor Day weekend. Revenue generated from these fees would be used to pay for supervision of the facility and associated costs.

For many years there have been numerous complaints from water craft users regarding safety concerns. Although swimming is not allowed at Broadwater Bay, it has occurred due to the limited enforcement. This had resulted in concerns by boaters and many "near misses" of swimmers when watercraft enters the docks.

As a solution to the problem, the Park and Recreation Department initiated a pilot project in July 2003, providing supervision at the Broadwater Bay boat launch facility. The purpose of this program was to:

1. Ensure the area was used by water craft only, thus avoiding user's conflict with swimmers.
2. Monitor parking and safety of users
3. Provide assistance to water craft users
4. Keep the area clean of litter and clean the restrooms.

This pilot project was funded by the General Fund. Based on a limited survey conducted during the initial year, 69.7 percent of respondents indicated support for the project and felt it reduced conflicts between water craft users and others. Seventy-two percent stated that they would consider a reasonable daily and season fee to support the program. Survey results indicated a "reasonable" fee ranged from $1- $5 daily and $10-$100 season pass.

Based on projected costs for labor and miscellaneous expenses for the 2004 season, staff proposed fees of $3 daily and a $35 season pass. These user fees would provide the necessary revenue to support the program. Park and Recreation staff presented the proposed fees at the City Commission work session on February 17, 2004. The Park and Recreation Board approved Resolution 9385 at its May 10, 2004, meeting.

Mayor Gray declared the public hearing open. Speaking in favor of Resolution 9385 was Pat Gordon, 2919 5th Street Northeast. He stated that there were problems at Broadwater Bay. Some of the problems were people swimming in the area, people not moving out of the way while loading and unloading boats, and parking. Safety issues needed to be addressed. He also stated that the $3 fee was compliable and that the City should save wages from hiring staff to put that money back into the boat docks.

Tim Rohlf, 1500 5th Avenue Northwest, was also in favor of the boat fees as long as the fees were in fact what they were representing. Mr. Rohlf was concerned of the time frame of 10 a.m. - 6 p.m. He stated that there are boaters on the river first thing in the morning up until sunset. He was concerned about the neglect before and after hours. He suggested possibly changing hours for staff.

Speaking against the boat fees was Greg Campaneila, 711 ½ 8th Avenue South, who stated that the boat fees should be tabled and researched more. Mr. Campaneila suggested that the City provide a dock for swimmers at Odd Fellows Park. He was upset that MacKenzie River paid $30 for 30 years for parking fees and he would be paying over $1,050 for boat launch fees. He also stated that when law enforcement was called on complaints, the Sheriff's office stated that it was the City responsibility and the City stated it was out of their jurisdiction. He stated that law enforcement was slacking on their jobs. They should be issuing citations to swimmers. Instead of charging boat fees, the City could look into other sources for funding. He suggested boat and trailer registration fees and gas taxes that are paid by boaters. He also stated that there should be larger signs for boat launching.

Steve Ortez, 1029 Suburban Drive, asked if the boat dealers were going to have to have a sticker for showing boats. He stated that anyone with a trailer should have to have this sticker. Mr. Ortez did not mind having supervision at Broadwater Bay, but stated that he did not want to pay the fees. He could not see paying for a babysitter. He also stated that it was not the boaters that were causing the problems. It was the swimmers. Mr. Ortez suggested letting the boat dealers pay for supervision. He also concurred with Mr. Campaneila regarding law enforcement not claiming jurisdiction of Broadwater Bay.

There being no one further to appear to speak in support of or opposition to Resolution 9385, Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz asked about putting a dock in at Odd Fellows Park and also if the City issues citations for swimming in the river. Park and Recreation Director Jerry Sepich stated that the City was not encouraging swimming in the river. Commissioner Rosenbaum stated that this was a safety issue and someone needed to be monitoring the area.

Acting Police Chief Tim Shanks stated that the water was Fish and Game and the Sheriff's office jurisdiction. However, City police do respond to complaints.

Mayor Gray stated that this was an issue that needed to be taken care of and that possibly an advisory committee could work out a solution. He also asked about finding volunteers to work at Broadwater Bay and updating our signs. He asked staff about the gas tax usage.

Park and Recreation Director Jerry Sepich stated that he had looked into other sources of funding and found that other funds were earmarked. Boat license fees go to Fish, Wildlife and Parks and were used for other things. The fuel tax was to pay law enforcement on the river. The boat fees that go to Cascade County go into the General Fund. Mr. Sepich also stated that larger signs could be provided and that volunteers with dependability were hard to find.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9385. Commissioner Hinz asked if the attendant would be able to issue citations. She also concurred with Commissioner Rosenbaum about safety issues. Mr. Sepich responded that the attendant would not be allowed to issue citations, but the attendant would have access to the police.

Commissioner Jovick-Kuntz stated that an advisory committee would be good to have.

Motion carried 5-0.
 

NEW BUSINESS

City Forester Jon Thompson stated that staff proposed the City Commission create a City-Wide Tree and Landscaping Program to plant, protect, preserve and maintain public trees on City-owned property and right-of-ways in order to enhance Great Falls' beauty and environment for the greater benefit of the community. The goal of the City-Wide Tree and Landscaping Program would be to provide a comprehensive method for planning, managing and caring for trees and landscaping along public right-of-ways in a consistent and effective manner.

A proposal for the City-Wide Tree and Landscaping Program was presented to all nine neighborhood councils and various service organizations. The results from the City's presentation made at the neighborhood councils and various service organizations showed a strong poll of 71.5 percent in favor of the City-Wide Tree and Landscaping Program.

M.C.A. 7-12-4136 provided for the creation of a tree maintenance district; "where trees have been planted or grass plots constructed and grass sown thereon or any one or more of said improvements have been made in special improvement districts, it was hereby made the duty of the council of said city or town to cause said trees and grass to be watered, the grass cut, the trees trimmed and to otherwise maintain and preserve said improvements as the council shall deem suitable and proper."

M.C.A. 7-12-4162 provided for the assessment of costs, "the city council or commission shall assess the entire cost of an improvement against benefited property in the district, each lot or parcel of land assessed within such district to be assessed for that part of the whole cost which its assessable area bears to the assessable area of all benefited lots or parcels in the district.assessable area may be less than but may not exceed the actual area of the lot or parcel."

Assessable area within the "Urban Boulevard District" shall be set with a square footage cap of 12,000 square feet for residential property and 1 million square feet cap for all other property. Square footage caps have proven to be the most equitable method of assessment. The estimated annual assessment in the "Urban Boulevard District" would be $12.27 for an average size lot of 7,500 square feet with a maximum assessment of $19.64 for a residential lot capped at 12,000 square feet.

Services provided would include tree pruning, tree and stump removal, tree planting, watering, fertilization, insect and disease control and planning and management of trees and landscaping along public right-of-ways, public parks and open-space land within the City's incorporated boundaries.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9388 and set a public hearing for June 15, 2004, at 7:00 p.m.

Mayor Gray asked if there was any discussion with the Commissioners. Commissioner Hinz asked if this district was all new property that was not currently in the district. Jon Thompson stated that was correct.

Mayor Gray asked what services would this district receive. Mr. Thompson replied that they would receive tree planting, pruning, landscaping and management. Leaf pickup was not included.

Motion carried 5-0.
 

Another element of the Citywide tree and landscaping program included expanding the current boulevard maintenance district. Resolution 9388 was to create a City-Wide Tree and Landscaping. Resolution 9386 was to expand general boulevard project and Resolution 9394 was to phase-in boulevard project.

During the Work Session held May 4, 2004, the City Commission directed staff to proceed with the drafting of two appropriate creation resolutions.

MCA 7-12-4162 states: "...The city council or commission shall assess the entire cost of improvement against benefited property in the district, each lot or parcel of land assessed within such district to be assessed for that part of the whole cost which its assessable area bears to the assessable area of all benefited lots or parcels in the district. assessable area may be less than but may not exceed the actual area of the lot or parcel."

The assessable area shall be set with a square footage cap of 12,000 square feet for residential property, and a 1 million square feet cap for all other property. Square footage caps have proven to be the most equitable method of assessment. The estimated annual assessment for the expanded boulevard area would be $47.69 for an average lot size of 7,500 square feet.

The expanded boulevard district would be known as Special Improvement Maintenance District "Expanded General Boulevard" No. 1299. Services provided would include tree pruning, tree and stump removal, tree planting, watering, fertilization, insect and disease control and management of trees and landscaping along public right-of-ways, public parks and open-space land.

The Special Improvement Maintenance District "Phase-In Boulevard" No. 1301 was outlined as follows:

First Year Phase-In would have an estimated annual assessment rate of $36.11 for an average lot size of 7,500 square feet.

Second Year Phase-In would consist of a modification of the boundaries of Special Improvement Maintenance District "Phase-In Boulevard" No. 1301 to include parcels from the General Boulevard Maintenance District and the assessment rate to be set according to the district as a whole.

Mayor Gray asked if anyone in the audience wanted to address the Commission on this issue.

Gary Trescott, 820 2nd Avenue Southwest, spoke in favor of the Resolutions. He encouraged the Commission to continue with the City-Wide-tree and Landscaping program. He also stated that he would be okay if the City kept his assessment at the full amount. This would give the City that much more money to take care of the trees.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9386 - Expanded General Boulevard, setting the public hearing for June 15, 2004, at 7:00 p.m.

Mayor Gray asked if there was any discussion with the Commissioners. Commission Jovick-Kuntz stated she supported setting public hearings on both Resolutions. Commissioner Hinz concurred. Commissioner Rosenbaum stated that the public comment was needed. He also stated that City should go to the full assessment and that the residents were getting a bargain for leaf services at $48. Commissioner Beecher and Mayor Gray concurred.

Mayor Gray asked about the fairness for lots with houses that were connected to vacant lots to have a suggested cap on fees. One owner with lots together at one rate. Jon Thompson stated that the fairness issue, each lot has frontage. He also stated that this was an issue that had not been discussed and needed further discussion.

Motion carried 5-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Hinz and Rosenbaum, that City Commission adopt Resolution 9394 - Phase-In Boulevard, setting the public hearing for June 15, 2004, at 7:00 p.m.

Motion carried 5-0.
 

Resolution 9393 sets a public hearing for June 15, 2004, to consider the annexation of Berkner Heights Addition, Phase 10, consisting of 12 single family residential lots along segments of 13th Avenue South and 41st Street South.

In November 1996, the City and County Commissions conditionally approved the preliminary plat of Prairie Ridge Addition. The proposed Prairie Ridge Addition consists 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 above mentioned preliminary plat approval to the year 2005.

The developer of the subdivision, C & W Development, Inc., desired to proceed with finalizing the platting and annexation of the final phase, which consisted of 12 residential lots along segments of 13th Avenue South and 41st Street South.

The Planning Board, during a meeting held April 27, 2004, recommended approval of the final plat of Berkner Heights Addition, Phase 10, and annexation of the property contained therein, subject to the following conditions:

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

Conditions 1 and 2 would be fulfilled prior to the hearing on June 15 and conditions 3 and 4 would be fulfilled prior to filing of the final plat.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9393 expressing intent to annex Berkner Heights Addition, Phase 10, and setting a public hearing on the annexation for June 15, 2004, at 7:00 p.m.

Motion carried 5-0.
 

Ordinance 2877 assigns a zoning classification of "A" Residence Use, "A" Area District, to Berkner Heights Addition, Phase 10, consisting of 12 single family residential lots along segments of 13th Avenue South and 41st Street South.

The Planning Board during a meeting held April 27, 2004, recommended the City Commission assign the recommend zoning classification of "A" Residence Use, "A" Area District, to Berkner Heights Addition, Phase 10, upon its annexation to the City.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2877 on first reading and set a hearing for 7:00 p.m., June 15, 2004, to consider adoption of Ordinance 2877.

Motion carried 5-0.
 

If approved on final reading, Ordinance 2876 would rezone Lots 1-7, Block 582, Fifth Addition to Great Falls Townsite, from "C" Residence Use, "C" Area District, to 1st Industrial, "D" Area District. Subject property is located along the south side of 1st Avenue Southwest between 13th and 14th Streets Southwest.

Lee Janetski desired to construct buildings on the south side of 1st Avenue Southwest between 13th and 14th Streets to lease to small business operators or contractors. As the property was presently zoned "C" Residence Use District, which does not permit business use, the owner had requested subject property be rezoned to 1st Industrial District.

The Planning Board, at the conclusion of the public hearing, passed a motion on a 6-3 vote, recommending the City Commission approve the rezoning of Lots 1-7, Block 582, Fifth Addition, from "C" Residence Use, "C" Area District, to 1st Industrial, "D" Area District, subject to the applicant entering into an agreement agreeing to the following conditions:

1. waive right to protest and agree to pay proportionate share of the costs to improve 1st Avenue Southwest, 13th Street Southwest and 14th Street Southwest abutting subject property to City standards;
2. submit and obtain Public Works Department approval of engineering documents to extend City sanitary sewer system to adequately serve subject property and further agreeing to install same prior to occupancy of any structure on subject property;
3. submit and obtain City Public Works Department approval of a drainage plan for subject property in conjunction with any building permit and further agreeing to adhere to said drainage plan as subject property was developed;
4. submit and obtain Design Review Board approval of the site plans and structures proposed to be constructed on subject property including landscaping, signage, yard lighting and sight-obscuring fence or other such improvement no less than six feet in height surrounding exterior areas used for storage of equipment and materials; and,
5. prohibit placement on subject property of any business involving either on-site alcohol consumption and/or gaming.

The applicant had executed an Agreement containing the above specified conditions. The Agreement also prohibits any operation which creates objectionable noise, odor, smoke, fumes, vapor, dust or gas.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2876 on first reading and set the final reading and public hearing date for 7:00 p.m., June 15, 2004.

Motion carried 5-0.
 

CONSENT AGENDA

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that West Ridge Addition, Phase II, located immediately north of Skyline Education Center, consisted of 32 condominium units and 6 conventional single family residential lots.

G & M Properties had submitted applications regarding the following:

1. Preliminary Plat of West Ridge Addition, Phase II,
2. Rezoning Blocks 6 and 11 of the Preliminary Plat from the current County "R-2" Low Density Residential District to the City "PUD" Planned Unit Development District and rezoning Block 12 of the Preliminary Plat from the existing "R-2" Low Density Residential District to the City "A" Residence Use, "B" Area District.

The Planning Board conducted a public hearing on the preliminary plat on April 27, 2004. At the conclusion of the public hearing, the Planning Board, on a 5-1 vote, passed a motion recommending the City and County Commissions approve the preliminary plat of West Ridge Addition, Phase II, and the accompanying Findings of Fact subject to the following conditions being fulfilled by the applicant.

1. The final plat shall incorporate correction of any errors or omissions noted by staff.
2. The final engineering drawings and specifications for the required public improvements shall be submitted to the Public Works Department for review and approval prior to submittal of the final plat.
3. An Annexation Agreement be prepared.
   1. install, within two years of the date of annexation of the subdivision, the required public improvements;
   2. adhere to a final site plan for the condominium development on Blocks 6 and 11 including narrowing the driveway through Block 11 to at least 22 feet, with aprons to each garage;
   3. adhere to a final landscape plan for Blocks 6 and 11 to be submitted to and approved by the City Forester; and
   4. obtain approval of the City's Design Review Board of the condominium structures to be placed on Blocks 6 and 11.
4. All applicable fees be paid.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission approve the preliminary plat of West Ridge Addition, Phase II, and the accompanying Findings of Fact subject to fulfillment of conditions stipulated by the Planning Board.

Motion carried 5-0.
 

Mayor Gray stated that upon the City Manager requesting the Mayor close the meeting to discuss litigation strategy and related personnel issues involving individual privacy rights regarding the Boese v. City of Great Falls suit, the Mayor would declare:

"Pursuant to 2-3-203, MCA, the City Commission meeting is hereby closed to discuss litigation strategy and related personnel issues involving individual privacy rights which clearly exceed the merits of public disclosure regarding the Boese v. City suit and will adjourn to executive session."
 

Commissioner Rosenbaum thanked the public for being civil with all the road work that was being done.
 

Mayor Gray commented on the use of cell phones while driving. Also, people coming to a rolling stop. This was not a good driving habit.
 

ADJOURNMENT