PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9482 annexes East Ridge Addition, Phase 3, an 8 lot single-family residential subdivision along segments of 12th Avenue South and 45th Street South, and Ordinance 2919 assigns a zoning classification of "PUD" Planned Unit Development District. The Annexation Agreement contains terms and conditions associated with annexation.

On April 26, 2005, the Planning Board held a meeting and passed a motion recommending that the City Commission approve the final plat of East Ridge Addition, Phase 3, and approve the annexation of the property contained therein subject to the following conditions: the applicant sign an annexation agreement, pay all fees, and any errors or omissions be corrected.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to either Resolution 9482 or Ordinance 2919. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz, that the City Commission adopt Resolution 9482 and approve the final plat and annexation agreement all related to East Ridge Addition, Phase 3.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission adopt Ordinance 2919.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Forest Glen South is a four lot subdivision located between the MSU College of Technology and 26th Street South. Resolution 9478 annexes the easterly two lots in the subdivision (Lots 1 and 2) and Ordinance 2915 assigns a zoning classification of "C" Residence Use, "B" Area District, to Lot 1, with a conditional use allowing multiple office buildings and "C" Residence Use, "B" Area District to Lot 2, upon annexation of same to City. The Annexation Agreement contains terms and conditions associated with annexation of subject Lots 1 and 2.

On June 22, 2004, the City-County Planning Board conducted a public hearing and at the conclusion passed a motion recommending the City Commission approve the minor plat of Forest Glen South Subdivision and the accompanying Findings of Fact, approve the annexation of the area within Forest Glen South Subdivision together with the unincorporated abutting segment of 26th Street South right-of-way, assign a zoning classification of "C" Residence Use, "B" Area District, for Lot 2 and "C" Residence Use, "A" Area District, for Lot 1 with a conditional use allowing multiple office buildings subject to the following conditions: any errors or omissions be corrected, the final engineering drawings and specifications be submitted to the Public Works Department for review and approval prior to approval of the minor plat, enter into an annexation agreement, prepare and submit revised drawings for the minor plat and utility plan providing building envelopes for Lot 2 conforming to the "B" area building setback requirements, prepare and submit a metes and bounds description of unincorporated abutting segment of right-of-way for 26th Street South to be annexed simultaneously with Subdivision, all fees be paid, a financial surety be established in the name of the owner/developer and City to cover the Subdivision's proportionate share of the costs; obtaining the final site and landscaping plans, and no more than two vehicular approaches be permitted to Lot 1 of Subdivision from 26th Street South.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to either Resolution 9478 or Ordinance 2915. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission table Resolution 9478, Ordinance 2915, the Minor Plat of Forest Glen South, the accompanying Findings of Fact, and the Annexation Agreement pertaining to Lots 1 and 2 contained therein, to allow additional time to address an issue regarding 26th Street South.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2912 would rezone Lots 13 & 14, Block 772, 10th Addition from "LB" Local Business Use, to "GC" General Commercial Use. The purpose of the rezoning was to allow the petitioner to obtain a State cabaret license to sell beer and wine to customers at the La Pastada Restaurant.

On April 12, 2005, the Planning Board conducted a public hearing and at the conclusion of the public hearing passed a motion recommending the City Commission approve to rezone Lots 13 & 14, Block 772, 10th Addition to "GC" General Commercial Use.

Mayor Gray declared the public hearing open. Speaking in support of Ordinance 2912 was Terry Bailey, 613 26th Avenue Northeast, Co-Owner of La Pastada Restaurant. Mr. Bailey stated that they had lost customers because of the inability to serve wine or beer and needed the cabaret license to stay competitive with other restaurants. He asked the Commission to approve Ordinance 2912.

There being no one further to speak in support of or opposition to Ordinance 2912. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2912.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that if approved on final reading, Ordinance 2917 would rezone Lot 2A, Block 151, 11th Addition to Great Falls from "B" Residence Use, "B" Area District, to "C" Residence Use, "C" Area District. The petitioners requested the rezoning to establish similar and consistent zoning for all of Block 151 in order to construct 28 detached single-family condominium units.

On April 26, 2005, the City-County Planning Board conducted a public hearing and at the conclusion they unanimously passed a motion recommending the City Commission approve to rezone Lot 2A, Block 151, 11th Addition to Great Falls to "C" Residence Use, "C" Area District.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2917. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2917.

Motion carried 5-0.
 

NEW BUSINESS

Public Works Director Jim Rearden reported that for several years, the 60 foot strip of land located between the east boundary of 6th Street Northwest and the Southwest boundary of the Montana Expo Park "Fairgrounds" was used as public access to the "Fairgrounds" and contains numerous utility lines. Due to modifications to access Montana Expo Park (Fairgrounds) and the reconstruction of 6th Street Northwest, retaining said 60 foot strip of land for public access was no longer necessary and actually presents a safety hazard. Ownership of the 60 foot strip of land was unknown until recent title review determined vested interest lies with the City of Great Falls. In order for the City of Great Falls to dispose of and abandon the 60 foot strip of land formerly used as public access, it is necessary to first dedicate said 60 foot strip of land as public right-of-way.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2916.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Resolution 9490 sets a public hearing for June 21, 2005, to consider vacation of the 60 foot right-of-way between the intersection of 6th Street Northwest and 1st Avenue Northwest and the southwest boundary of the Montana Expo Park.

The subject 60 foot right-of-way previously used as public access to the Montana Expo Park for many years is no longer needed because of the development of other entrances into the Fairgrounds. In fact, with the completion of the 6th Street Northwest reconstruction project by the Montana Department of Transportation and the City, access from the intersection of 6th St NW and 1st Ave Northwest was no longer possible. The 60 foot right-of way will be aggregated into the abutting lots owned by Cascade County and Eklund's Appliance and TV. The County Weed and Mosquito complex occupies the parcels abutting the right-of-way to the south. The former Consolidated Freight Warehouse and now Eklund's Appliance and TV occupy the parcels to the north.

On May 24, 2005, the Planning Board held a meeting and passed a motion recommending the City Commission approve the vacation of the 60 foot right-of-way between the intersection of 6th Street Northwest and 1st Avenue Northwest and the southwest boundary of the Montana Expo Park and approve the Amended Plat of Lots 2 & 3, Block 7, Fair Acreage Tracts and deeded parcels 33-2675, 256-1391 and 254-912, and the accompanying Findings of Fact, subject to any errors or omissions on the amended plat being corrected.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9490.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Montana law requires a municipality's zoning code and subdivision regulations to be in compliance with an adopted growth policy. The growth policy currently used by the City of Great Falls was adopted in 2003 by the City and Cascade County for the City-County Planning Board's entire jurisdictional area. Due to the dissolution of the City-County Planning Board effective July 1, 2005, the Great Falls City-County Growth Policy would no longer be in effect. Therefore, a growth policy for the City of Great Falls must be prepared and adopted before July 1, 2005.

Montana law requires preparation of a growth policy by a jurisdiction's planning board, upon request by the governing body. It also allows a growth policy to be prepared for only a portion of a planning board's or governing body's jurisdictional area. To that end, and upon request by the City of Great Falls in a letter dated April 27, 2005, the Great Falls City-County Planning Board prepared and approved a growth policy for the City of Great Falls and recommended adoption by the City Commission.

MCA 76-1-604 requires the governing bodies to ".adopt a resolution of intention to adopt, revise or reject the proposed growth policy or any of its parts." Resolution 9493 sets June 21, 2005, as the date for the City Commission to consider adoption of the Great Falls Growth Policy.

On April 26, 2005, the Cascade County Board of Commissioners passed a resolution to dissolve the Great Falls City-County Planning Board, effective July 1, 2005. As a result, the Great Falls City Commission approved the creation of a City Planning Advisory Board on May 17, 2005, effective June 17, 2005. This new Board would advise the City Commission and Departments on planning issues, including zoning, subdivisions, annexations, long-range planning and transportation.

In order to ensure this new Board was able to provide continued, uninterrupted planning services, guidance and advice, the City asked the City-County Planning Board to prepare amendments to the current Great Falls City-County Growth Policy to reflect the jurisdiction of the City only. It was important that the City have a current and adopted growth policy for its jurisdiction so that zone changes and annexations can be legally processed.

To that end, amendments have been made to the existing Great Falls City-County Growth Policy. Most references to the Great Falls City-County Planning Board and County lands and operations in the City-County jurisdictional area have been removed. Although a full update of the Growth Policy is probably warranted some time in the near future, such an effort could not be made before July 1, 2005, due to the extensive research, analysis and public input that would be required. Therefore, the revisions have been limited to only those essential to make it clear that this is a growth policy for the City of Great Falls and does not cover a City-County jurisdictional area.

Due to the short timeframe and brevity of the changes, public notice was limited to an announcement at the April 26, 2005, City-County Planning Board meeting; a legal notice published on May 8, 2005, in the Great Falls Tribune; notice on the City of Great Falls and City-County Planning websites; and a public hearing before the City-County Planning Board on May 24, 2005. The draft Growth Policy has been available on the website since May 6, 2005, with paper copies available at the Planning Office and the Great Falls Public Library. No comments have been received to date, and no comments were received at the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9493.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that Ordinance 2918 would amend Title 2, Section 16 of the Official Code of the City of Great Falls to establish a Planning Department. The Cascade County Commission passed a resolution to dissolve the Great Falls City-County Planning Board, effective July 1, 2005.

In order to assure the continued and uninterrupted provision of planning services within the Great Falls incorporated city limits, the City Commission created the Great Falls Planning Advisory Board to advise the City Commission on land development and related planning activities.

The newly created Board would need professional staff resources and assistance to perform and provide its duties, services and functions. As such, it was deemed appropriate that a Planning Department be established to provide the referenced staff resources and assistance to the Board.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2918.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

On February 15, 2005 the City Commission passed Resolution 9461 Creation of a Blue Ribbon Committee for Community Animal Control Issues. On March 15, 2005, the City Commission appointed seven members to the Committee. Phyllis Viccione was appointed as the Community at-large-member, but resigned in late May.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission appoint Sue Ann Stephenson-Love to serve on the Blue Ribbon Committee for Community Animal Control Issues to replace Phyllis Viccione as the board's community at-large-member.

Motion carried 5-0.
 

Bill Stuff was appointed to the Business Improvement District on July 1, 2001, for a four-year term. His term would expire June 30, 2005. Mr. Stuff was eligible for and interested in continuing to serve on this Board.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission re-appoint Bill Stuff to the Business Improvement District for a four-year term through June 30, 2009.

Motion carried 4-0-1. (Commissioner Jovick-Kuntz recused herself due to part of the funding for her part-time salary was funded through the Business Improvement District).
 

The Bylaws of the Great Falls Development Authority require ex-officio board members to be appointed annually by their nominating agencies. Commissioners Beecher and Jovick-Kuntz are agreeable to serving another term. Mike Rattray, Community Development Director, is appointed as the staff liaison.

The City of Great Falls contributes $85,000 annually to the Great Falls Development Authority as the community's Economic Development agency.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission re-appoint Bill Beecher and Diane Jovick-Kuntz, as ex-officio members to the Great Falls Development Authority, Inc., Board.

Motion carried 5-0.
 

City Manager John Lawton reported to the Commission the results from a complaint made by John Hubbard of environmental issues on the old Weissman property. Mr. Lawton stated that Community Development did contact Department of Environmental Quality (DEQ) and DEQ performed a physical walk through inspection of the property.

There were two issues; one was a certain violation that pertained to a sixty foot by thirty foot oil spill. DEQ issued a letter indicating the oil spill had to be cleaned up and a report would need to be filed with DEQ on how the cleanup was performed. The owner would also have to provide evidence that the soil was properly disposed of.

The second issue was an aluminum smelter on the property that required having an air quality permit. The business owners of the Old Weissman Property were given notification from DEQ and informed of proper procedures and to have it evaluated to be issued a permit if one was required.

Mr. Lawton added that the current business owners have requested an environmental assessment from the previous owners. He added that this has taken over two years to begin the process. He also stated that as the property develops there would have to be a detailed environmental assessment made that would include what ever happened in the past on this property.

Mayor Gray asked if someone was aware of a smelter operating on a piece of property that was inappropriate to be operating, who would they make the complaint to. Community Development Director Mike Rattray stated that they would need to contact the state.
 

Assistant City Manager Cheryl Patton reported that the City was currently seeking applications for the following advisory boards: Parking Advisory Commission has several openings for three-year terms through April 30, 2008. Applicants must reside within in the City. Experience or interest in the Great Falls Business District is helpful, but not necessary.

Ms. Patton stated that the City Planning Advisory Board has five openings. She added that the board serves in an advisory capacity to the City Commission and advises on all community planning, zoning and land development activities. Interested applicants should have an interest in and knowledge of community planning and development. Members must be residents of the City. She added that the City Planning Advisory Board meets the second and fourth Tuesdays of each month at 3:00 pm. For additional information, contact the Planning Department at 455-8433. For more information and applications visit the City web-site at www.ci.great-falls.mt.us. Applications are also available at the City Manager's office, Civic Center, Room 201, or by calling 455-8450.
 

Mayor Gray stated that the Bicentennial Kick-Off of Explore! The Big Sky that started on June 1, 2005 had a great start. He added that the events that kicked off the Bicentennial were spectacular and if the citizens missed out on any there were other spectacular events coming up and encouraged everyone to attend them.

Mayor Gray stated that a photo album of the entire history of I. W. Church was donated to the City. He added that if anyone wanted to share the history like this item, the City would make sure it was passed on to the Library or the Historical Society.

Mayor Gray stated that the next three days he would be in Washington DC working with Burns, Baucus and Reberg regarding the BRAC issues.
 

Scott Miller, 2712 Carmel Drive, stated that he had concerns of safety issues at Meadowlark School. He added that parents were dropping their children off on the opposite side of the school and the children had to cross the busy street to get to school. He had heard that there was some money set aside to add a street crossing and sidewalks to the area and wanted to know when the project was going to start.

Public Works Director Jim Rearden stated that this was a MACI project through MDT and that it was supposed to go out for bid this summer but has been delayed until mid 2006. Mr. Rearden stated they were looking into it. Chief Jones stated that the Police Department was well aware of the problem and that officers are trying to raise public awareness of the hazard. Planning Director Ben Rangel stated that the project mentioned was part of the recommendation in the Student Safety Plan that the Commission recently approved.
 

ADJOURNMENT