PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9452 annexes a 20-foot strip of land abutting the east boundary of Lot 1, Block 1, Countryside Village Addition. Ordinance 2898 assigns a zoning classification of "MH" Mobile Home Residence District.

On November 9, 2004, the Planning Board conducted a public hearing and at its conclusion passed a motion recommending the City Commission annex the land and apply a zoning classification of "MH" Mobile Home Residence District, subject to the following: the applicant pay all applicable fees and agree to the terms and conditions of the annexation agreement.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9452 or Ordinance 2898. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9452 and approve the Addendum Agreement related to a 20-foot expansion of Countryside Village Addition.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2898.

Motion carried 5-0.
 

Fiscal Services Director Coleen Balzarini reported a total of $12,865.29 was due on accounts with terminated water service. Of this amount, $8,790.61 constituted lienable charges. Montana Code Annotated (MCA) 7-12-4611, 4612, 7-13-128, and 7-13-4309 and Official Code of the City of Great Falls (OCCGF) 8.32.332 and 13.26.060 authorize the City Commission to assess lienable charges against the property to which service was furnished and for which payment was delinquent.

Accounts which have service terminated are still considered "active" because the water could be turned back on once payment is received. It is the City's policy to only turn "finaled" accounts over to a collection agency for any unpaid balance. Since these accounts are considered "active" storm drain and fire hydrant fees were still being accumulated at the properties. The Fiscal Services Department reviews the active accounts with terminated services quarterly and notifies property owners of the delinquent charges and the intent to lien the property. The last letter sent was dated December 13, 2004, and requested payment of charges in full. Certified letters notifying each property owner of the public hearing were mailed out January 7, 2005. In accordance with MCA 7-1-2121, notice of the Public Hearing was published on January 9 and 16, 2005.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9448. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9448.

Motion carried 5-0.
 

Acting Park and Recreation Director Patty Gumenberg reported that the proposed lease with the two American Legion baseball programs, the Electrics and the Stallions, would be for three (3) years with a two (2) year renewable option. The leased park land is located at Lot 3, Block 1, Missouri River Manor Addition, otherwise known as Don Olson baseball field.

The lease fee would be five hundred dollars ($500) per year. The Legion programs would be responsible for improvements, upkeep and grounds keeping, with the exception of mowing. The City would be responsible for irrigation costs up to a maximum of one thousand dollars ($1,000) per year. This has been accepted policy with other baseball programs and was recommended in the Park and Recreation Master Plan.

Mayor Gray declared the public hearing open. Bob Griffith, 1219 26th Avenue Southwest, spoke in support of the lease.

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

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission approve the lease of City park land to the American Legion baseball programs.

Motion carried 5-0.
 

NEW BUSINESS

Fiscal Services Director Coleen Balzarini reported that Resolution 9451 would assess costs incurred by the City in removing nuisance weeds from private properties during 2004.

In accordance with the Official Code of the City of Great Falls (OCCGF) 8.44.040, property owners were notified in writing of weed violations. Determinations of the existing violations were made by the City Weed Inspector. Re-inspections confirmed the weeds had not been removed and were subsequently cut by City crews. Property owners have been billed for the charges numerous times and payment have not been received.

Montana Code Annotated (MCA) 7-22-4101 authorizes the City Commission to levy the cost of removing nuisance weeds against the properties if payment was not made.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9451.

Motion carried 5-0.
 

The property owner, Wendt, Inc., is renovating their building at 106 1st Avenue South. The building permit was issued December 16, 2004, and the project will be completed in March 2005, at an estimated cost of $749,880. The applicant requested approval of the tax benefits and Resolution 9453 was prepared to comply with the requirement that all applications be approved by resolution. Approval of the application would allow for the taxes generated from the expansion to be added to the existing taxes over a five-year period in increments of 20 percent each year.

Montana Code Annotated (MCA) 15-24-1501 provides the local government an option of giving Tax Benefits for the Remodeling, Reconstruction or Expansion of Existing Buildings or Structures.

In applying the Commission's policy to the application, staff found that all property taxes were current and that the applicant has not received City financial assistance from other programs.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9453.

Motion carried 5-0.
 

Fiscal Services Director Coleen Balzarini reported that adoption of Resolution 9454 would award the sale of Sanitary Sewer System bonds in the amount of $5,005,000. Bids were accepted through January 18, 2005.

On January 4, 2005, the Commission adopted Resolution 9445, authorizing the issuance and provided for the public sale of bonds to finance or reimburse the construction of the following projects: extend the Agri-Park sewer line, the Agri-Park lift station, and the co-generation project at the Wastewater Treatment Plant.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9454.

Motion carried 5-0.
 

Public Works Director Jim Rearden reported that Ordinance 2897 would add the following verbiage to the Official Code of the City of Great Falls (OCCGF) 3.04.070 Sell, trade or lease - Personal Property, item B "Or the City may place the item for sale on an internet auction site with an established minimum price."

Currently the City may sell, trade or lease any personal property by negotiation without advertising for bids, for any period of time, unless the value of the property exceeds $10,000, whereupon such sale must be made to the highest bidder. The change in verbiage would allow the City to advertise items on-line to obtain the maximum value for personal property.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Ordinance 2897.

Commissioner Hinz asked if the items for sale would be posted on the City's website. Public Works Director Jim Rearden stated that the items could be eligible for the City's website.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

Sandra Wattke was appointed in February 2003 to the Community Development Council. Her term expires January 31, 2005. She was interested and eligible for reappointment for a second term.

Trudy Rosenbaum was appointed for a three-year term to the Community Development Council on February 3, 1999, and reappointed for a three-year term on February 5, 2002. Mrs. Rosenbaum was not eligible for reappointment. William Wiseman and Mike Carlstrom were appointed to the Community Development Council for three-year terms on February 5, 2002. Neither Mr. Wiseman nor Mr. Carlstrom were interested in reappointment. Therefore, it was necessary to appoint three new members.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission reappoint Sandra Wattke, and appoint John Martin, Dale Schwanke and Fred Shauer to three-year terms through January 31, 2008, to the Community Development Council.

Motion carried 5-0.
 

CITY MANAGER.

19. City Manager John Lawton reported that the City's voice mail processor malfunctioned and asked Chief Jones to give a report on the status of the phone system.

Chief Jones reported that the voice processing system the City currently had was purchased about ten years ago and that the system had malfunctioned some time Friday evening. They have ordered a new system and it would be 4-6 days before it would be in and functioning.
 

CITY COMMISSION.

20. Mayor Gray reported that he received complaints that people were not shoveling their sidewalks. He reminded the public to please shovel the sidewalks. Also, he received complaints about barking dogs and asked the public to quiet their dogs.
 

PETITIONS AND COMMUNICATION

21. George Gallagher, 4701 Williowdale Lane, asked if the sign code was being revised as a new draft or if the changes be incorporated in a strike-out underline fashion. He also asked if the public would be able to review it prior to the public hearing.

Assistant City Manager Cheryl Patton stated that the comments recently at the Public hearing had been referred to the Sign Code Committee. She added that as soon as a new draft was completed it would be posted on the City's website. The ordinance will be brought back to the City Commission on February 15, 2005.
 

ADJOURNMENT