PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9423 annexes 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. The accompanying Agreement contains terms and conditions associated with subdivision and annexation. The easement accommodates water and sanitary sewer mains outside the boundaries of the subdivision necessary to serve the development.

In May, the City and 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 execute an annexation agreement; the applicant pay all applicable fees; any errors or omissions on the final plat noted by staff be corrected; and final engineering documents for required public improvements to serve the subdivision are approved by the Public Works Department.

Mayor Gray declared the public hearing open. There being no one to speak in support of or opposition to Resolution 9423 or Ordinance 2884, Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9423 and approve the final plat, Annexation Agreement and Easement, all related to East Ridge, Phase 1.

Motion carried 4-0.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2884.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported that the Fiscal Services Department finalized the Special Lighting Districts maintenance cost estimate, which was reflected in Resolution 9412. These costs included a projected 1.5 percent increase in utility expenses. Maintenance and an administrative fee equal 10 percent of estimated costs for the districts as presented in the annual budget. The $1,117,034 assessment for fiscal year 2004/2005 projects charges based on actual billings for the district and adjustments for cash balances from prior fiscal years.

For comparison of SLD annual assessments:

Mayor Gray declared the public hearing open. There being no one to speak in support of or opposition to Resolution 9412, Mayor Gray declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9412.

Motion carried 4-0.
 

OLD BUSINESS

City Manager John Lawton reported that the City was a member of Southern Montana Electric Generation and Transmission Co-Op. As a member of SME G&T the City was participating in independent consultant studies to evaluate the feasibility of and potential site selections for the construction of a ‘clean coal’ technology electric generation resource in Montana. The level of this participation was based upon a formula determined on a ‘load ratio share’ basis. In other words, a capital contribution calculation was made to determine each member's relative share of the total load served by the SME G&T group. City Commission authorization of a capital contribution in the amount of $53,339.45 would bring the City's contribution total to $119,279.75.

The intent was to build a 250 MW electric generation plant using the most environmentally compliant, coal-fired electric generation facility technology currently available. The electricity from this plant would be used by the members of SME G&T to replace existing long-term federal power supply contracts which would terminate beginning in 2008 and to provide stable, reliable prices to the City of Great Falls in place of the current default supply electricity currently available to the City.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve a capital contribution to SME G&T Co-Op in the amount of $53,339.45.

Motion carried 4-0.
 

NEW BUSINESS

Planning Director Ben Rangel reported that Resolution 9410 sets a public hearing for October 5, 2004, to consider annexation of Lot 2, Block 1, Mount Olivet Subdivision. Subject Lot 2 consists of 13 acres located immediately east of Mount Olivet Cemetery and is the proposed site for a monastery to accommodate up to ten members of the Poor Clares, a religious order of the Catholic Church.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9410.

Motion carried 4-0.
 

Upon Annexation, Ordinance 2885 assigns a zoning classification of "C" Residence Use, "A" Area District, to Lot 2, Block 1, Mount Olivet Subdivision, located immediately east of Mount Olivet Cemetery.

The Planning Board, at the conclusion of a hearing held July 13, 2004, passed a motion recommending the City Commission assign a zoning classification of "C" Residence Use, "A" Area District, to Lot 2, Block 1, Mount Olivet Subdivision, upon annexation to the City.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2885 on first reading and set a hearing for October 5, 2004, to consider adoption of Ordinance 2885.

Motion carried 4-0.
 

Fiscal Services Director Coleen Balzarini reported that as required by State Statutes, the Great Falls Business Improvement District had developed and presented a Work Plan and Proposed Budget for fiscal year 2004/2005. The City Commission conducted a public hearing and approved the Work Plan and Proposed Budget at the August 17, 2004, Commission meeting.

As in prior years, the assessment requested for 2004/2005 was based on the assessment formula approved with the creation of the district, which would generate $155,269.26 in assessment revenue.

The Business Improvement District (B.I.D.) was created in 1989 and recreated in 1999 by petition of the property owners in the district. Assessments are levied upon properties in the district to fund the B.I.D.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9413.

Motion carried 3-0-1. (Commissioner Jovick-Kuntz abstained due to a conflict of interest.)
 

Park and Recreation Director Jerry Sepich reported that an unimproved 1820 square foot triangular segment of dedicated park land, known as Henderson Park exists at the southwest corner of the intersection of 5th Street NE and 30th Avenue NE in Henderson Heights Addition. Staff stated that this small portion had no significant purpose as park land and currently required on-going maintenance. Vacation of this dedicated park land as allowed by MCA 7-16-4101 would allow the City to trade for street right-of-way.

Mr. Jerome H. Sprague owns the property abutting this park land and proposed the City deed him the property to allow him to "square out" the parcel and eliminate the current fractional ownership. In turn, Mr. Sprague would deed street right-of-ownership of pipeline easements to the City as street right-of-way on 5th Street NE, 30th Avenue NE, 29th Avenue NE, and Skyline Drive.

The City received dedicated park land, known as Henderson Park when Henderson Heights Addition was annexed in 1987. The Comprehensive Park and Recreation Master Plan adopted on December 19, 1995, designated Henderson Park as surplus property and recommended that it be sold. The City had subsequently subdivided the Henderson Park property and sold the individual lots in 1999 and 2000.

The Park and Recreation Board on August 9, 2004, approved the vacation of this portion of Henderson Park and recommended the trade of the park land for street right-of-way.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9441.

Motion carried 4-0.
 

CONSENT AGENDA

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

Motion carried 4-0.
 

Planning Director Ben Rangel reported that the subject Amended Plat subdivides a 3.7-acre block of land between Fern Drive and Bel-View Park into five lots. Kurt Kessner submitted an application to subdivide Lot 1, Block 18, Bel-View Palisades, into five lots. Subject parcel is located between Fern Drive and Bel-View Park and contains 3.7 acres.

The parcel was replatted and zoned Planned Unit Development (PUD) District in 1989 as part of the Centennial Ridge Condominium project. The plan approved at that time permitted up to 21 dwelling units within Block 18.

The vacant parcel was subsequently sold to a consortium of individuals who plan to construct up to eight single-family residences on individual platted lots with a remaining interior area to be retained as common open space. Three single-family residences are currently under construction within parcel (on proposed Lots 1-3).

As the PUD zoning classification does not specify minimum building setback requirements, and maximum building envelopes for each proposed lot are presently unknown; the applicant was proposing a minimum 10-foot setback for each structure from every property line. To conform closer to the existing conventional "B" Area District zoning classification (minimum front yard of 20 feet) on the adjoining Blocks 17 and 19, staff recommended the Amended Plat of Block 18 provide for a minimum 20-foot setback for each structure from any street right-of-way.

The City-County Planning Board considered the Amended Plat during a meeting held August 24, 2004. Mr. Kessner testified that two of the three residences currently under construction did not comply with the 20-foot setback proposed by staff.

After a brief discussion, the Planning Board passed a motion recommending approval of the Amended Plat of Lot 1, Block 18, Bel-View Palisades, and the accompanying Findings of Fact subject to fulfillment of the following conditions: any errors or omissions be corrected; and a certificate of title prepared by a title company be recorded with the Amended Plat.

Any permitted residence currently under construction in Block 18 that does not conform to this setback would be considered a legal nonconforming structure for setback purposes. Any subsequent building in Block 18 would have to comply with the 20-foot setback. The Commission has the option to change this minimum setback from 20 feet to 10 feet.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Amended Plat of Lot 1, Block 18, Bel-View Palisades, and the accompanying Findings of Fact, subject to conditions specified by the City-County Planning Board except allowing the original ten foot setback as approved in the PUD.

Mayor Gray asked for any comment from the public. Kurt Kessner, concurred with Planning Director Ben Rangel. He also stated that the property was zoned PUD and had a ten foot setback.

Commissioner Jovick-Kuntz asked if Mr. Kessner was told at the time he received his permits that he could have a ten foot setback. Planning Director Ben Rangel confirmed that Mr. Kessner was told that. Commissioner Rosenbaum stated that there was a twelve and a half foot boulevard and a ten foot setback totaling twenty-two and a half feet and that was plenty of room. He also stated that he supported the amended plat.

Motion carried 4-0.
 

ADJOURNMENT