PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9419 annexes Skyline Park Addition, Phase 14, consisting of 14 single-family lots along the westerly extension of 39th Avenue Northeast. The accompanying Agreement contains terms and conditions associated with subdivision and annexation. The easement accommodates utility mains being stubbed beyond the subdivision.

The Planning Board, during a meeting held June 8, 2004, recommended approval of the final plat of Skyline Park Addition, Phase 14, and annexation of the area subject to the following conditions: the applicant execute an annexation agreement; the applicant pay all applicable fees; any errors or omissions on the final plat noted by staff shall be corrected; final engineering documents for required public improvements be approved by the Public Works Department. The above stated conditions have been fulfilled.

Mayor Gray declared the public hearing open. Speaking in opposition was Patrick Gordon, 2919 5th Street Northeast. He stated that 3rd and 5th Streets Northeast have traffic problems and that the City needed to do a traffic study before allowing any more homes to be added. Mr. Gordon was concerned about the fourteen percent grade on 5th Street Northeast and the speed that vehicles travel.

Planning Director Ben Rangel stated that a traffic study had been done and the result indicated that there would be an increase in traffic volume. In order to accommodate this increase, he explained that as the area to the West developed, more options to funnel the traffic would become available. He added that the Planning Department would be willing to work with other City offices to do another traffic study if the Commission requested it.

Public Works Director Jim Rearden stated that regarding the 5th Street Northeast grade, one of the options the City would have to address the speeding vehicles is to close 5th Street Northeast with the installation of a cul-de-sac. However, he cautioned that if the City implemented this option, there would be fewer outlets for traffic, potentially causing traffic issues in another location. He concluded, stating that the City was waiting to address this issue until the property to the West developed.

Commissioner Rosenbaum concurred with Gordon on the traffic issues in that area.

City Manager John Lawton suggested that staff would prepare a report that would include information on the issues brought forth in this public hearing, as well as any information on accidents occurring and citations issued in that area. He stated that the report would be completed within three weeks.

There being no one further to speak in support of or opposition to Resolution 9419 or Ordinance 2881, Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9419 and approve the final plat, Annexation Agreement and easement all related to Skyline Park Addition, Phase 14.

Motion carried 4-0.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2881.

Motion carried 4-0.
 

Planning Director Ben Rangel reported that if approved, 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, 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.

Mayor Gray declared the public hearing open. Rachel Arms, 1624 8th Avenue Northwest, spoke in support of Ordinance 2882, and stated that the current home was not sufficient for their needs. Also, that there were other manufactured homes in that area.

There were no opponents to the Ordinance. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2882.

Motion carried 4-0.
 

CDBG Administrator Kim Johnson reported that the Citizen Participation Plan, which was required by the U.S. Department of Housing and Urban Development (HUD), dictates that the City hold a public hearing to receive citizen input regarding the City's planned use of potential future CDBG Section 108 Loan Guarantee and BEDI grant funding. HUD also required the City Commission to direct staff to submit the grant and loan funding applications.

The City applied to HUD for $1.8 million in BEDI grant funding and $5.5 million in Section 108 loan guarantee funds to be used for the redevelopment of the 3rd Street Northwest riverfront corridor. The project area is 45 acres of blighted, undeveloped and contaminated commercial and industrial land located on the east side of 3rd Street Northwest to, and including the riverfront (West Bank Park), and from Central Avenue to the NW Bypass. The core property area is comprised of 14 separately owned tracts of land with ownership divided among public (Cascade County and the City of Great Falls), private, and the Burlington Northern Sante Fe Railroad.

With the assistance of a federal EDA grant, a master development plan for the project area was written. This redevelopment plan was intended to be incorporated into, and was consistent with the Consolidated Plan, the Missouri River Corridor Master Development Plan, and the City's goal of providing better paying jobs for residents in Great Falls.

Redevelopment on this site would occur in phases, with the area south of 4th Street to Central Avenue being the first to be redeveloped, followed by the contiguous area to the North, which encompasses property owned by Cascade County and private owners, and last, the lands along the railroad property right-of-way. This phasing of development was needed because of known contamination on County and private property that would take time to resolve. It was anticipated that redevelopment of the full 45 acres would take at least five years, but timing would be dependent on market demand for this type of mixed use development.

BEDI grant may be used for, but not limited to, the following activities to assist in the redevelopment of the project site: land acquisition, debt service reserve to the Section 108 loan, economic development activities, payment of interest on obligations on Section 108 loans, land write-downs, site remediation costs, project reserves, and provision of financing to for-profit businesses at below market interest rates. BEDI funds must be used in conjunction with Section 108 loan guarantee funds, and must be used for CDBG eligible projects that benefit low and moderate income residents of Great Falls.

In addition to, and in conjunction with the BEDI grant application, the City submitted an application for a $5.5 million Section 108 loan guarantee from HUD. Section 108 is the loan guarantee provision of the CDBG program and provided communities with a source of financing for large-scale physical development projects. The Section 108 loan process required the City to pledge five years of CDBG funds (current and future funds) as collateral, in case of default. Annual payments are made on the loan, and the interest rate was priced at the 3-month London Interbank offered rate plus 20 basis points. There was no pledge of the full faith and credit of the City required by HUD, and general tax revenues cannot be used to pay back the Section 108 loan. If a Section 108 loan payment to HUD is missed, then the CDBG credit line is tapped for that specific payment amount.

In the Section 108 loan application, the City proposed to repay the Section 108 loan over a 20 year period, paying interest only in the first three to five years. The loan would be drawn down as the City approved each phase of the development. The primary source of repayment of the Section 108 loan would be the payments received from the sale or lease of properties. If awarded the BEDI Grant, a loan loss reserve in the amount of $300,000 would be set aside. Also, each phase of development would be collateralized per contract with HUD to ensure security of the loan funds.

The Section 108 loan guarantee funding would be used for providing loans to for-profit business, and/or for the City for the following purposes: acquisition of real property, interest payments, general economic development activities, and site and infrastructure installations. The Section 108 loans will be used in conjunction with private developer investments to make it economically feasible to redevelop the project area along the Missouri River. Developers would be required to create new employment opportunities primarily for low to moderate income people. The City of Great Falls was projecting that the use of the $5.5 million Section 108 funds would result in the creation of at least 140 new employment opportunities, with a majority of these opportunities offered to lower income people.

The Section 108/BEDI applications were available for review and comment for the 15-day comment period July 18 - August 2, 2004. No comments were received.

Mayor Gray asked what would happen if this did not go through and also asked about the City having a proposal to selling West Bank Park. CDBG Administrator Kim Johnson stated that the City did have reserves in the Brownfield fund that could be used but that they preferred not to. City Manager John Lawton stated that there was no proposal to sell West Bank Park since it would go against the interest of this project. He also stated that this action could not sell the property. Mr. Lawton also stated that West Bank Park was critical to the project and to the City. This project was a way to get resources back into the park.

Commissioner Beecher asked if any other cities submitted this type of application. CDBG Administrator Kim Johnson stated Missoula did and they were unsuccessful. Commissioner Rosenbaum asked if this was just for phase one. Ms. Johnson stated that the grant and loan funding would be available throughout the entire project.

Mayor Gray declared the public hearing open. Stuart Lewin, 615 3rd Avenue North, stated that he did not have a problem with the plan, just that the public was not involved in its development. Mr. Lewin added that, in his opinion, Phase Three was the most important phase and that he was concerned there would not be enough funds available for it. He also stated that the City needed to put the money into the park instead of a proposed road way.

Patrick Gordon, 2919 5th Street Northeast, stated that he did not oppose this and urged the City to go forward with this.

Aart Dolman, 3016 Central Avenue, stated that he belongs to the Missouri River Citizens and he was not opposed to the economical development. He also thanked City Manager John Lawton for his report. Mr. Dolman added that he was not for or against the proposal, but was concerned about public participation. He asked the Commission for public input and that a commission be created so there was proper public input and process. He added that he was in favor of anything that enhances the Park.

Ron Mathsen, 122 Treasure State Drive, stated that the grant needed to be strengthened through citizen involvement and concurred with Mr. Dolman and Mr. Lewin.

Phyllis Hemstad, 931 1st Avenue Northwest, stated that the Westside Neighborhood Council opposed anything being done with West Bank Park and that Neighborhood Council was not opposed to cleaning up the area and enhancing the area. She also stated that they do want the Park restored.

There being no one further to address the Commission, Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission close the public hearing and approve submission of the Section 108 & BEDI applications to HUD.

Commissioner Beecher stated that the public process used regarding the Section 108 and BEDI applications were in compliance with HUD requirements. Commissioner Rosenbaum concurred with Commissioner Beecher and also stated that the plans were not final, there would be opportunities for additional public input. Commissioner Rosenbaum also stated that the City did not have the finances for this project without the grant funding. Mayor Gray stated that West Bank Park was not slated to be sold or developed, it was slated to be improved. He clarified that the City worked with private land owners in the area when completing the applications. Also, the City had been encouraged to apply for the grant from HUD representatives.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported that OCCGF 8.32.350 required the Commission to adopt a resolution establishing rates to defray the costs of sanitation services for the fiscal year. Overall, commercial sanitation rates will increase by 3 percent.

Staff proposed continuing the existing residential rates and adjusting the commercial rates to adequately provide sanitation service while covering the increased expenses in landfill and fuel costs. The residential sanitation rates were increased $.25 per month for FY 03/04. The commercial sanitation rates were last increased by 3 percent in FY 02/03. The proposed rates have been included in the FY 04/05 budget.

Mayor Gray declared the public hearing open. No one appeared to speak for or against Resolution 9418. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9418, Establishing Sanitation Service Rates for FY 04/05.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported on Resolution 9406 and Resolution 9379 that an inquiry into the City's assessment of lights in the North Park Addition was made by one of the property owners in that area. 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 is an industrial/commercial park and its street lighting consists of forty-eight (48) - 250 watt high-pressure sodium lights on 36' steel poles with underground wiring, it is more appropriate to include this area in the Special Lighting District - Industrial Lighting "SLD-I" No. 1298 rather than in the Commercial Lighting District "SLD-C" No. 1295. It will be necessary to pull the area out of Special Lighting District - Commercial Lighting "SLD-C" No. 1295 and move it into the Special Lighting District - Industrial Lighting "SLD-I" No. 1298. M.C.A.7-12-4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed modified district, as the service in those areas would not change.

The modification 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. Boundaries of the modified lighting district are outlined on Exhibit "C2004" attached hereto.

Mayor Gray declared the public hearing open. There being no one to speak for or against Resolution 9406, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9406.

Motion carried 4-0.
 

Adoption of Resolution 9379 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.

Mayor Gray declared the public hearing open. There being no one to speak for or against Resolution 9379, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioners Jovick-Kuntz and Beecher, that the City Commission adopt Resolution 9379.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported that the General Boulevard Area assessment for FY 04/05 would be $289,725, the same amount assessed in FY 03/04. This would result in an assessment of $61.71 for an average lot of 7,500 square feet.

In order to legally provide for the necessary assessment support, State laws require City Commission hearings and passage of authorizing resolutions. M.C.A., 7-12-4401 and 7-12-4428, authorize the City Commission to create and assess the costs of work, improvements, and maintenance to the owners of property within the boundaries of such districts.

Mayor Gray declared the public hearing open. There being no one to speak for or against Resolution 9407, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9407.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported that the Portage Meadows Area assessment for FY 04/05 would remain at $19,786, the same amount assessed in FY 03/04. This would result in an assessment of $105.81 for an average lot of 4,503 square feet.

In order to legally provide for the necessary assessment support, State laws require City Commission hearings and passage of authorizing resolutions. M.C.A., 7-12-4401 and 7-12-4428, authorize the City Commission to create and assess the costs of work, improvements, and maintenance to the owners of property within the boundaries of such districts.

Mayor Gray declared the public hearing open. There being no one to speak for or against Resolution 9408, Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Beecher, that the City Commission adopt Resolution 9408.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported the Street Maintenance assessment for FY 04/05 would increase by 10 percent, which was recommended to finance street reconstruction projects; anticipated collections would total $1,973,123. This would result in an assessment of $55.44 for an average lot of 7,500 square feet.

Section 7-12-4421, MCA states: ".assessments for the costs and expenses of maintaining streets, alleys, and public places shall be made against all of the property embraced within each district by one of the methods provided in 7-12-4422."

Mayor Gray declared the public hearing open. There being no one to speak for or against Resolution 9409, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9409.

Motion carried 4-0.
 

NEW BUSINESS

Park and Recreation Deputy Director Patty Gumenberg reported that the City Commission was asked to consider the proposed Resolution 9421 which raises the after school program fee from $30 per month to $60 per month.

The After School Program offered by the Community Recreation Center has not raised the rates of the program since 2002. The Recreation Center was able to offer scholarships through CDBG funding and serves children from the Title 11 schools. The Community Recreation Center was currently in the process of finding additional funding from the State to help supplement the costs of the scholarships currently available.

The program does not currently pay for itself. By raising its rates, the Community Recreation Center would be able to better serve the students who attend by providing more programming and activities. Over the past years, the Center has added additional programs and staff to meet the needs of the community it serves. The proposed fee increase was necessary to meet the operating needs of the program.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9421 Recreation Center After School Program Fees.

Motion carried 4-0.
 

Resolution 9420 sets a public hearing for September 7, 2004, to consider the annexation of East Ridge, Phase 1, consisting of 13 residential lots along a one-block segment of 12th Avenue South located south of the former K-Mart Store on 10th Avenue South.

In May, the City-County Commissions conditionally approved the preliminary plat of East Ridge Addition, Phases 1-3, located south of the former K-Mart Store on 10th Avenue South and consisting of 28 proposed single-family residential lots and segments of 12th Avenue South and 44th Street South.

The Planning Board, during a meeting held July 13, 2004, recommended approval of the final plat of East Ridge, Phase 1, and annexation of the property contained therein subject to the following conditions: the applicant shall execute an Annexation Agreement; all applicable fees are paid; any errors or omissions on the final plat be corrected; final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department. It was anticipated the above conditions would be fulfilled prior to the hearing on September 7, 2004.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9420 expressing intent to annex East Ridge, Phase 1, setting a public hearing on the annexation for September 7, 2004, at 7:00 p.m.

Motion carried 4-0.
 

Ordinance 2884 assigns a zoning classification of "PUD" Planned Unit Development District, to East Ridge, Phase 1, consisting of 13 single-family residential lots along a one-block segment of 12th Avenue South located south of the former K-Mart Store on 10th Avenue South.

The northerly portion of the subject property was presently zoned in the County as "B-2" General Business District and the southerly portion was zoned "A" Agricultural District.

The Planning Board during a meeting held April 13, 2004, recommended the City Commission assign a zoning classification of "PUD" Planned Unit Development District to East Ridge, Phase 1, upon annexation to the City.

Commissioner Rosenbaum moved, seconded by Commissioners Jovick-Kuntz and Beecher, that the City Commission accept Ordinance 2884 on first reading and set a hearing for 7 p.m. September 7, 2004, to consider adoption of Ordinance 2884.

Motion carried 4-0.
 

CONSENT AGENDA

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

Motion carried 4-0.
 

Lori Larson was appointed for a two-year term on December 16, 2003. Ms. Larson recently resigned from the Advisory Commission on International Relationships. Therefore, it was necessary to appoint one new member to fill the remainder of her term. The Advisory Commission on International Relationships recommends the appointment of two members to fill the additional positions created by Ordinance 2863.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission appoint John Parker to the Advisory Commission on International Relationships to fill the remainder of a two-year term expiring March 31, 2005; and Marilyn M. Swenson, Patricia Craumer to serve terms ending March 31, 2005, and March 31, 2007, respectively.

Bob Harris, Chairman of the Advisory Commission on International Relationships (ACIR), explained that the ACIR provided a recommendation for these appointments to the City Commission. He stated that this was a difficult process because all five applicants were well qualified and would be an asset to this board. However, he was curious as to why the City Commission did not include in the motion the full slate of recommendations. Commissioner Beecher explained that in his opinion, Mr. Parker had experience that would be beneficial to the board. Mr. Harris concurred. However, he added that when speaking to Mr. Parker, Mr. Parker relayed that he was concerned about the time commitment for this appoint and offered to defer to another applicant.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission amend the motion to substitute Bill Wilson in place of John Parker.

Motion to amend carried 4-0.
Motion as amended carried 4-0
 

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