PUBLIC HEARINGS

Community Development Director Mike Rattray reported that the administrative rules of the State of Montana required that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. The City of Great Falls received notice that the State adopted the International Energy Conservation Code on September 1, 2004. Adopting Ordinance 2887 would keep Great Falls current with the latest mandatory adoptions by the State.

At the request of some cities, Great Falls included, the State implemented A.R.M. 24.301.202, allowing municipalities to adopt mandated codes administratively. The State maintains that this was a new code and, therefore, must be adopted by ordinance originally and only subsequent additions may be adopted administratively.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2887 on final reading.

Motion carried 4-0.
 

Park and Recreation Director Jerry Sepich reported that the City wanted to trade the vacated portion of Henderson Park to Mr. Jerome H. Sprague in exchange for his interest in the pipeline crossing of 5th Street Northeast, 29th Avenue Northeast, 30th Avenue Northeast and Skyline Drive. Mr. Sprague owns the property abutting the vacated parkland and proposed the City trade this property, thus allowing him to "square out" the parcel and eliminate the current fractional ownership.

Mr. Sprague intended to re-plat two lots he currently owns to incorporate abutting segments of the pipeline corridor and vacated park property into the same.

On September 7, 2004, the City Commission approved Resolution 9441, which vacated a 1820 square foot unimproved portion of dedicated parkland (Henderson Park) at the Southwest corner of the intersection of 5th Street Northeast and 30th Avenue Northeast in Henderson Heights Addition.

The Park and Recreation Board at its August 9, 2004, meeting approved the vacation of Henderson Park and further vacated that the City trade the property for street right-of-way.

Mayor Gray declared the public hearing open. Patrick Gorton, 2919 5th Street Northeast, stated that he supported the trade of the vacated portion of Henderson Park for the street right-of-way.

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

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the trade of a vacated portion of Henderson Park for street right-of-way on 5th Street Northeast, 29th Avenue Northeast, 30th Avenue Northeast and Skyline Drive.

Motion carried 4-0.
 

NEW BUSINESS

Planning Director Ben Rangel reported that Resolution 9430 sets a public hearing for November 16, 2004, to consider annexation of the unincorporated area between 25th and 26th Streets South and 13th and 15th Avenues South together with segments of 13th Avenue South and 25th Street South. The applicant, Benefis Healthcare, intended to construct a parking lot to occupy a majority of the site.

The Planning Board on September 14, 2004, passed a motion covering numerous actions including recommending City and County Commission approval of the Amended Plat and accompanying Findings of Fact and that the City Commission annex the unincorporated portion therein subject to the following conditions: payment of all applicable fees, preparation of a certificate of title by a title company; correction of any errors, entering into an annexation agreement containing typical terms and conditions associated with annexation.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9430.

Motion carried 4-0.
 

Ordinance 2888 assigns a zoning classification of "C" Residence Use, "C" Area District, with a conditional use to allow a parking lot upon annexation of that unincorporated area between 25th and 26th Streets South and 13th and 15th Avenues South.

The Planning Board, at the conclusion of a hearing held September 14, 2004, passed a motion recommending the City Commission assign a zoning classification of "C" Residence Use, "C" Area District, with a conditional use for a parking lot, to that incorporated area between 25th and 26th Streets South and 13th and 15th Avenues South, upon annexation of same.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2888 on first reading and set a public hearing for November 16, 2004, to consider adoption of Ordinance 2888.

Motion carried 4-0.
 

Resolution 9431 would initiate vacation of a segment of 14th Alley South at 26th Street South and all of 14th Avenue South and 15th Alley South between 25th and 26th Streets South.

Benefis Healthcare submitted an application to vacate a segment of 14th Alley South at 26th Street South and all of 14th Avenue South and 15th Alley South between 25th and 26th Streets South. The right-of-way requested to be vacated is currently unimproved and all abutting private property is owned by Benefis Healthcare. Once the right-of-way is vacated, it will be consolidated through an Amended Plat with Blocks 28 and 29, Lincoln Heights Addition; Blocks 1 and 2, South 26th Street Addition; and Parcel Mark No. 18A, Section 18, T20N, R4E; into a single parcel comprising 4.607 acres to be partially developed as a parking lot.

At the conclusion of a public hearing held September 14, 2004, the Planning Board passed a motion covering numerous actions including recommending the City vacate the segment of 14th Alley South near 26th Street South and the portions of 14th Avenue South and 15th Alley South between 25th and 26th Streets South.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9431.

Motion carried 4-0.
 

Resolution 9432 grants a conditional use permit to allow construction of a parking lot on a portion of the north half of Block 28, Lincoln Heights, located along the south side of 13th Avenue South between 25th and 26th Streets.

Benefis Healthcare submitted applications involving development of a parking lot on its property between 25th and 26th Streets South and 13th and 15th Avenues South. A portion of subject property (the north half of Block 28, Lincoln Heights) was presently within the City and was zoned "C' Residence Use District which allows a parking lot as a conditional use.

In addition to the application for a conditional use permit for the north half of subject Block 28, Benefis Healthcare submitted applications to annex and replat the balance of the above-mentioned overall area.

Property zoned "C" Residence Use allows hospitals and clinics, offices and parking lots as conditional uses. The procedure for processing a conditional use is identical to that for a City zone change and in this instance is being processed concurrently with the rezoning of subject property.

The Planning Board on September 14, 2004, held a public hearing on multiple applications to allow construction of a parking lot between 25th and 26th Streets South and 13th and 15th Avenues South. At the conclusion of the hearing, the Planning Board passed a motion recommending the City Commission grant a conditional use to allow the north half of Block 28, Lincoln Heights, to be partially developed as a parking lot.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Beecher, that the City Commission set a public hearing on Resolution 9432 for November 16, 2004, at 7 p.m.

Motion carried 4-0.
 

Acting City Manager Ben Rangel reported that recent publicity about the City's financial participation in the Centene and malting plant projects triggered some discussion about the City's role in economic development. More specifically, a question arose as to what the City would do, under what circumstances and for whom, to assist in job growth and economic development. This issue becomes particularly sensitive when the City's assistance was directed to extend utilities, the cost of which normally was borne by developers. For example, a housing developer who was expected to pay for public infrastructure for a housing project might feel that his project had a positive economic impact, and that he should receive infrastructure assistance similar to what Centene or the malting plant would receive.

The City followed informal development policies that direct assistance to firms providing new primary jobs in the community. It was recommended that the Commission formalize these policies in an effort to establish guidelines as to what the City would and would not do.

It should be noted that the City does not have unlimited resources to provide incentive packages for development projects.

The criteria Staff recommended to include:

1. Proposed projects be strongly endorsed by the community's economic development organization.
2. The economic impact of projects considered for assistance must center around the provision of new, long term, primary jobs. For the City's purpose primary jobs are those bringing new money into the community from outside the community.
3. The provision of incentives must be part of a formal development agreement committing the company or organization to a minimum number of permanent jobs at defined pay scales.
4. Incentives offered by the City must be part of a package with participation of others such as GFDA, the County, the State of Montana or Federal agencies.
5. There must be an opportunity for at least partial cost recovery for City resources put into the project.
6. Resources for incentives must be available.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9433.

Jim Cummings, 1021 17th Avenue Southwest, stated that he had some recommendations for the Commission to consider. In Item 1, the word "strongly" was hard to define and needed to be deleted. Item 2, the verbiage "For the City's purposes primary jobs are those bringing new money into the community from outside the community" needed to be deleted. He added that this was not allowing local business to expand in the area. Mr. Cummings asked the Commission to consider these suggestions.

Commissioner Hinz moved, seconded by Commissioner Beecher that the City Commission amend the motion to be postpone adopting Resolution 9433.

Commissioner Rosenbaum stated that the verbiage "outside the community" would need to be re-worded and that the City does support local economy.

Mayor Gray stated that the City wanted to support the projects that brought in new wealth and wages into the community and that it was not the intent to eliminate from consideration existing business from the policy. He agreed with Mr. Cummings on removing the word "strongly" in Item 1, and concurred with Item 2, to add local economy.

Motion to amend carried 4-0.

Motion as amended carried 4-0.
 

CONSENT AGENDA

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

Jim (Last name inaudible), stated that he lived at the Downtowner and just wanted to thank the hospital for the development that they were doing and providing good paying jobs and stabilizing the economy.

Motion carried 4-0.
 

Community Development Director Mike Rattray reported that Beverly Debolt, owner of the property located at 109 Riverview A, requested a variance to OCCGF 17.45.030. The variance reduces the required six foot side setback to three foot.

OCCGF 17.45.030 required two six foot side yards in "A" Area districts. Ms. Debolt wanted to build an attached garage and maintain a three foot side setback and a thirty-three foot front setback. The Board of Adjustment heard the request on October 7, 2004, and voted unanimously to recommend approval of the variance.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the variance to reduce the side setback for a new detached garage to three foot as recommended by the Board of Adjustment.

Motion carried 4-0.
 

Jill (Evans) Santy was appointed to the Library Board on August 5, 1997, and was reappointed on June 4, 2002. Ms. Santy recently resigned her position on the Board; therefore, it was necessary to appoint a new member to fill her vacancy.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission appoint Paul B. Comer to the Library Board to fill the remainder of a five-year term, ending June 30, 2007.

Motion carried 4-0.
 

PETITIONS AND COMMUNICATION.

18. Patrick Gorton, 2919 5th Street Northeast, stated how much he appreciated the work that was being done with the problems on 5th Street Northeast.
 

ADJOURNMENT