PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9414 vacates a triangular segment of right-of-way immediately west of the intersection of 2nd Street South and 7th Avenue South. The subject Amended Plat resubdivides two existing lots and the right-of-way being vacated into four new lots.

Mitchell and Mary Stelling and Sheffels Farms, Inc., submitted petitions to approve the Preliminary (Amended) Plat of Lot 2, Block 8, Broadwater Bay Business Park, and Lot 1, Block 478, GF Townsite Add., and vacate a 3,647 sq. ft. segment of street right-of-way along the west side of 2nd Street South.

The owners desired to subdivide the 2.7182 acres contained in the Preliminary (Amended) Plat into four lots. Stelling Engineers, Inc., occupies the building on proposed Lot 2A. The remaining proposed three lots are vacant.

After reviewing the matter during a meeting held May 25, 2004, the City-County Planning Board passed a motion recommending the City Commission approve the vacation of the small segment of street right-of-way subject to:

1. preparation of a certificate of title by a title company to be filed with the amended plat;
2. correction of any errors or omissions on the amended plat; and,
3. filing in the County Clerk and Recorder's Office, either prior to or simultaneously with the transfer deed for Lot 2C, documentation outlining responsibility for maintenance of the 25-foot roadway easement on Lots 2A and 2C.

Acting Mayor Hinz declared the public hearing open.

Linda Jennings, 1113 Adobe Drive, stated that she was not for or against the Resolution but she wanted to make a comment that she finds a problem with the City's ability to vacate rights-of-ways for some while asserting rights-of-ways for the purpose of taking peoples landscaping.

There being no one further to speak, Acting Mayor Hinz declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9414 and approve the Amended Plat of L2, B8, Broadwater Bay Business Park and Lot 1, Block 478, GF Townsite Addition, and accompanying Findings of Fact, subject to conditions specified by the City-County Planning Board.

Commissioner Rosenbaum stated that vacating the triangular segment of the right-of-way cleaned up an unusable piece of land.

Motion carried 3-0.
 

Fiscal Services Assistant Director Melissa Kinzler reported that MCA 15-10-203 requires local governments to advertise their intent to increase tax revenues and hold a public hearing. She explained that the City's total property taxes do not cover the cost of Police and Fire services. The 2003 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 .968 percent property tax levy increase. The average cost of this increase for a house with a market value of $100,000 would be approximately $3 a year.

Acting Mayor Hinz declared the public hearing open.

Linda Jennings, 1113 Adobe Drive, stated that she found a problem with the tax increase when all possible avenues leading to tax decreases had not been explored.

George Paul, 504 4th Avenue South, stated that he only knew about this process three days ago and asked if there were public notices required and also wanted to know the process of the tax increase. Mr. Paul asked how much tax increase would raise and if it would be on-going or if it was for just one year.

Acting City Manager Cheryl Patton stated that the notice was published in the Great Falls Tribune on June 26 and July 3, 2004. She added that the City Manager presented the budget and the proposed tax increase to the Commission during his budget presentation at the public meeting held June 15, 2004.

Mrs. Patton clarified that the money from this minor increase would help fund public safety services offered by the City as well as some Park and Recreation activities. The proposed increase would generate approximately $75,000 annually. The need for the increase was primarily due to inflation. Mrs. Patton also added that City staff has worked hard to keep costs down while at the same time continue to offer the same level of services.

Fiscal Services Assistant Director Melissa Kinzler confirmed that this increase would become part of a mill and would be an on going tax each year.

There being no one further to speak, Acting Mayor Hinz declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9397.

Motion carried 3-0.
 

Fiscal Services Assistant Director Melissa Kinzler reported that prior to adoption of the City's annual budget the City was required to hold public hearings on the proposed annual budget, and its intent to budget an increase in revenue from property taxation.

She added that the total annual budget was about $77.9 million for this fiscal year which reflected a decrease of about $19.7 million from FY 2003/2004.

Specifically, Ms. Kinzler pointed out that the FY 2005 Budget included:

Ms. Kinzler pointed out that revenues come from the following sources.

The City's budget priorities included the continuance of current service levels within available resources and to explore options to insure reliable and affordable electric energy. Another priority included quality of life improvements which involved Sports and Recreation facilities, Soccer Park, Swimming Complex/Pools, and the Eagle Falls Golf Course Subdivision. Additionally, the Commission was working on the Zoning/Land development code.

The Budget included several proposed rate changes which were as follows: Street Assessment - 10 percent increase, Sewer rate - 1 percent increase, Water rate - 2 percent increase, Storm Drain rate - 1 percent increase and commercial sanitation rate a 3 percent increase.

Acting Mayor Hinz declared the public hearing open. Those speaking in opposition to Resolution 9398 were as follows:

George Paul, 504 4th Avenue South, asked if the $75,000 from the proposed tax increase was already incorporated into the budget. Acting Mayor Hinz confirmed yes.

John Sturgeon, 121 2nd Street Northwest, stated that he was not against the City's budget. However, he calculated that if the City spent $78 million dollars on 56 thousand people in Great Falls that equated to approximately $1,300,000 per person. He stated that he did not understand why it took so much to pay for the City's services. Mr. Sturgeon suggested the City stick to its current revenue level and not increase the taxes the additional $75 thousand.

Linda Jennings, 1113 Adobe Drive, stated that she was concerned with the City's budget especially, in her opinion, the City was decreasing its services. She explained that the City was discontinuing the utility drop boxes at the Senior Center and grocery stores.

Mrs. Jennings asked several questions regarding the annual pay increase for City staff and if the City invested in its personnel. Acting City Manager Cheryl Patton stated that this budget included an overall economic impact for City employees of three percent and that different bargaining groups are selecting from different options as to how that three percent would be allocated. She added that the overall investment in personnel represented in the proposed budget totaled $25 million.

Mrs. Jennings also wanted to know what was being done about the Northwestern Energy contract. Ms. Patton explained that the contract was through the Montana League of Cities and Towns. She added that it was that organization that settled with Northwestern Energy on the defaulted contract. In the settlement, each party to the contract - which included the City of Great Falls - was provided an "adjustment" to assist with the first year's loss. Mrs. Patton explained that it was this "adjustment" the City was using to investigate its energy options.

There being no one further to address the City Commission, Acting Mayor Hinz closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission continue the budget hearing to the City Commission meeting on July 20, 2004.

Commissioner Jovick-Kuntz stated that if Mrs. Jennings would like a copy of the budget that the Fiscal Services staff would provide one for her.

Motion carried 3-0.
 

NEW BUSINESS

Fiscal Service Director Coleen Balzarini reported that Resolution 9378 and Resolution 9405 came about as a result of an inquiry into the City's assessment of lights in the North Park Addition by one of the property owners. It was determined that there was a need for a special improvement lighting district for commercial/industrial properties within a designated Industrial/Agricultural Park or for commercial/industrial properties in excess of 52,500 square feet receiving lighting of a commercial/industrial nature. Since North Park Addition was an industrial/commercial park and its street lighting consisted of forty-eight (48) - 250 watt high-pressure sodium lights on 36' steel poles with underground wiring which lighting is of the commercial type, it was more appropriate to include this area in the Special Lighting District - Industrial Lighting "SLD-I" 1298.

This would result in an estimated annual assessment in the newly created area of $316.67 for an average lot of 87,166 square feet. All lights, fixtures, poles and wiring, existing are of similar type and material found within the areas of industrial/commercial parks.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9378, and set a public hearing for August 3, 2004, at 7:00 p.m.

Motion carried 3-0.
 

The modification associated with Resolution 9405 would result in an estimated annual assessment of $74.93 for an average lot size of 11,106 square feet. All light fixtures, poles, and wiring, existing are of similar size, type and material found within the commercial areas throughout the City.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9405 and set public hearing date for August 3, 2004 at 7:00 p.m.

Motion carried 3-0.
 

Planning Director Ben Rangel reported that adoption of Resolution 9415 would set a public hearing for August 3, 2004, to consider the annexation of Skyline Park Addition, Phase 14, consisting of 14 single family lots along the westerly extension of 39th Avenue Northeast.

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 several previous phases and now wanted to complete Phase 14.

The Planning Board, during a meeting on June 8, 2004, recommended approval of the final plat of Skyline Park Addition, Phase 14, and annexation of the area contained therein subject to the following conditions: the applicant sign an Annexation Agreement; all applicable fees are paid; any errors or omissions on the final plat be corrected; and all final engineering documents for public improvements serving the subdivision are approved by Public Works.

It was anticipated the conditions would be completed prior to the annexation hearing on August 3.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9415.

Motion carried 3-0.
 

Planning Director Ben Rangel reported that Ordinance 2881 assigned a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 14.

The Planning Board, at the conclusion of a public hearing held March 26, 2002, recommended the City Commission assign the requested zoning classification to the property upon annexation to the City.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2881 on first reading and set a hearing for 7:00 p.m. August 3, 2004, to consider adoption of Ordinance 2881.

Motion carried 3-0.
 

Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2882 would rezone Lot 9, Block 11, First Addition to Bloomingdale Addition from "A" Residence Use, "A" Area District, to "B" Residence Use, "B" Area District. Robert, Margaret and Rachel Arms, the owners, requested the property be rezoned to "B" Residence Use, "B" Area District, to accommodate a manufactured home to be placed on a permanent foundation. The "A" residential Use District does not permit manufactured homes as defined by City Code. However, manufactured homes are permitted in "B" Residence Use Districts.

The Planning Board conducted a public hearing on June 22, 2004, and recommended the City Commission approve the rezoning request.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2882 on first reading and set the final reading and public hearing for 7:00 p.m., August 3, 2004.

Motion carried 3-0.
 

Planning Director Ben Rangel reported that if approved on final reading, Ordinance No. 2879 would rezone Lots 8-14, Block 501, GF Townsite, located on the north side of 9th Avenue South between 3rd and 4th Streets, from High Density Residential (R-4) to Low Density Business (B-1). The owners submitted a petition to rezone the property. The two lots at the west end of the half block are occupied by a parking lot serving Advanced Litho Printing, the two lots at the east end are occupied by Electric City Brake, and the interior lots are primarily used for residential purposes. Approval of the rezoning would allow the conversion of the residential uses on subject Lots 10-12 into light business uses.

The City-County Planning Board, on June 8, 2004, conducted a public hearing on the Revitalization Plan Amendment and unanimously passed a motion recommending the City Commission adopt Ordinance 2879.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2879 on first reading and set 7:00 p.m., Tuesday, July 20, 2004, as the public hearing and final reading date.

Motion carried 3-0.
 

Community Director Mike Rattray reported that the 1997 Edition of the UBC (the last edition), had verbiage that allowed the Building Official discretion when submittal documents were to be prepared by a licensed design professional. With the adoption of the IBC this discretion has been omitted unless specifically allowed by local statute; however, approval of Ordinance 2875 would restore that discretionary authority.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordianance 2875 on first reading and set public hearing for 7:00 p.m., July 20, 2004.

Motion carried 3-0.
 

CONSENT AGENDA

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

Acting Mayor Hinz asked if anyone had any comments on any of the Consent Agenda items. Linda Jennings, 1113 Adobe Drive, stated, in relation to Item 14 on the Consent Agenda that she had a problem with the City continually increasing the assessments for the boulevard district. She suggested there were alternatives for homeowners that would be less expensive.

She added that with regards to Ordinances 2882 and 2879, she wanted to bring to the Commission's attention people have until July 12, 2004, at 5 pm to make comments to the Airport Authority on noise abatement. She explained that there are particular areas of noise exposure for manufactured homes.

There being no one further to address the Commission Acting Mayor Hinz called for the vote. Motion carried 3-0.
 

Ira Kaufman, Jr. was appointed to the Business Improvement District on August 5, 1997, to fill the remainder of a four year term. He was reappointed for a four-year term on July 25, 2000. His term expired June 30, 2004. Mr. Kaufman was eligible for and interested in continuing to serve on this Board. Julie (Senger) Duffy was appointed to the Business Improvement District on November 19, 2002, to fill the remainder of a four-year term through June 30, 2004. She was eligible for and interested in continuing to serve on this Board.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Ira Kaufman and Julie (Senger) Duffy as members of the Business Improvement District for four-year terms through June 30, 2008.

Motion carried 3-0.
 

Dennis Secord was appointed as the Men's Association representative to the Golf Advisory Board on May 7, 2002. Mr. Secord resigned his position; therefore, it was necessary to appoint a new member to fill the remainder of his term.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Fidelis "Fid" Fitterer as the Men's Association representative to fill the remainder of a three-year term expiring March 31, 2005.

Motion carried 3-0.
 

The Native American Local Government Commission was created by Joint City-County resolution on March 19, 2002. Grace Fairhurst was appointed to the Native American Local Government Commission in August of 2002. She has resigned her position; therefore, it was necessary to appoint a new member to the Commission.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission appoint Lawrence A. Lafountain to the Native American Local Government Commission for a four-year term through August 1, 2008.

Motion carried 3-0.
 

Acting City Manager Cheryl Patton stated that with the opening of the skate park the Commission indicated a desire for City staff to increase surveillance of the area in order to minimize damage and to ensure that the park is used for its intended purposes. Mrs. Patton asked Police Chief Jones to report on the surveillance project.

Chief Jones reported that due to vandalism and potential injuries at the skate park, the City looked into digital photography to maintain a constant watch over the skate park. He added that a few cameras have been installed and monitor the area for about six weeks. There will be a total of eight cameras once the entire project is operational. Additionally, there is a possibility that the images from the cameras can be hosted on the City's website. Acting Mayor Hinz asked how much this system was costing. Chief Jones replied that the project budget was $32,000.
 

35A. Linda Jennings, 1113 Adobe Drive, asked why City Manager John Lawton was not at the meeting. Ms. Patton explained that he was accompanying a delegation from the State of Montana to Kyrgyzstan. Mrs. Jennings asked if he was still receiving a pay check while out of the office. She also asked how much of this trip was costing the City. Mrs. Patton replied to her knowledge the trip did not cost the City anything and that Mr. Lawton's salary was being paid.
 

35B. Commissioner Jovick-Kuntz reminded the public about the Local Government Review and if anyone was interested in filing to go to the County Election Office. She added that the applications needed to be turned in by August 19, 2004. Linda Jennings thanked Commissioner Jovick-Kuntz for reminder.
 

ADJOURNMENT