Erin Tropila was unable to attend the meeting. The swearing-in ceremony will take place at a future meeting.

Community Development Director Mike Rattray reported that the City Commission approved the 5-year Consolidated Plan on April 19, 2005. Each year an Annual Action Plan must be submitted to the U.S. Department of Housing and Urban Development (HUD) that contains the proposed use of CDBG and HOME funds for the coming fiscal year. CDBG project proposals were received in February of 2006. The Community Development Council met to hear presentations from the applicants and then formulated recommendations which they presented to the City Commission at a work session.

The HOME project proposals were also received in February of 2006 and presented to the City Commission during the work session on March 21, 2006.

Mayor Stebbins declared the public hearing open. No one appeared to speak in opposition to the funding recommendations. Richard Cornwell, 509 1st Avenue South; Carrie Pepos, 2108 4th Avenue South; and Cynthia Corda, Consumer Counseling Services, spoke in support of the funding recommendations.

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

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission approve the proposed use of funds for the 2006/2007 Community Development Block Grant and the HOME Investment Partnership Program for inclusion in the Proposed Annual Action Plan.

Motion carried 5-0.

Planning Director Ben Rangel reported that a portion of the block located along the south side of 10th Avenue South and between 26th and 29th Streets South had never been annexed to the City. The unincorporated enclave, comprised of two acres, was entirely surrounded by the incorporated area of the City and consisted of two parcels owned by Zollie Kelman.

Additionally, Mr. Rangel reported that the City Commission expressed an interest in annexing unincorporated enclaves to the City. These unincorporated enclaves have been a source of confusion and inconsistent code application. An example was County fireworks requirements differ significantly from City requirements in the type of fireworks that can be sold, the time period during when they may be sold, and the type of fireworks that can be discharged. Equity issues also arise where property in the midst of an urban setting was not subject to the same code requirements for community decay, weed control and signage. These properties also benefit from readily available public improvements, such as paved roadways, curb and gutter, and sidewalks which in many cases have been funded by taxpayers within the City.
MCA 7-2-4501 states that a city may include as part of the city any platted or unplatted tract or parcel of land that is wholly surrounded by the city upon passing a resolution of intent, giving notice, and passing a resolution of annexation. Further, Section 7-2-4502, MCA, provides that wholly surrounded land is annexed, if so resolved by the city or town council, whether or not a majority of the real property owners of the area to be annexed object.

In a letter dated February 28, 2006, from Steven Potts, attorney representing the property owner, Zollie Kelman, Mr. Potts requested the annexation process be postponed until a declaratory judgment could be decided. After reviewing Mr. Potts' letter and definitions and land use designations in the Unified Land Development Code, the City Attorney directed staff to proceed with processing the annexation unless directed otherwise by a court of competent jurisdiction.

In a letter dated March 16, 2006, Planning Staff also heard from Michael Maeder, requesting any action to annex subject property not become effective until after July 4 in order for him to proceed with planned fireworks sales for this calendar years.

The existing vehicle display and sales lot was a permitted use in the proposed C-2 general commercial district and would be allowed to continue following annexation. Fireworks stands could continue to operate from the site in accordance with City standards.

The Planning Board/Zoning Commission on March 14, 2006, conducted a joint public hearing on the annexation and establishment of City zoning on the property. No proponents or opponents spoke at the public hearing. At the conclusion of the public hearing, the Planning Board passed a motion recommending the City Commission annex the land and the Zoning Commission approved the requested zoning.

Mayor Stebbins asked if anyone wanted to comment on this issue.

Michael Maeder, owner of Liberty Fireworks, asked the Commission to delay action on this item until after the 4th of July. He explained that he already purchased the inventory for the fireworks stand that was usually on that piece of property and if the property was annexed, much of the inventory could not be sold because it was not legal in the City limits. Further, he asserted that the City targeted only enclaves he used for firework stands and not those used by his competitors.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission adopt Resolution 9561.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz that the City Commission accept Ordinance No. 2935 on first reading and set a public hearing for May 2, 2006, to consider adoption of Ordinance 2935.

Commissioner Hinz clarified that the action was only to set the public hearing on the issue.

Motion carried 5-0.

Fiscal Services Director Coleen Balzarini reported that property owners in the general location of 4th Avenue North between 38th Street North and 40th Street North petitioned for the installation of four 70 watt HPS alley lighting units on 28 foot distribution poles with overhead wiring. There are twenty-nine (29) properties within the proposed boundaries of the alley lighting district.

In order to provide alley lighting for the petitioned area within a timely manner, staff proposed entering into a lease agreement with Northwestern Energy rather than City ownership of the alley lights.

A modification to the boundary lines of SLD-A 1294 was required in order to include the properties as requested. The estimated annual assessment would result in $12.22 for an average lot size of 7,925 square feet.

Additionally, Mrs. Balzarini reported that during the original consolidation of SLD 1294-A some properties were included in the district in error. To correct this, the properties located at Lots 1 through 16, Block 12, West Great Falls Addition will be removed from the district.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher, Hinz and Rosenbaum, that the City Commission adopt Resolution 9558 and set a public hearing date for May 2, 2006, at 7:00 p.m.

Motion carried 5-0.

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

Motion carried 5-0.

Aart Dolman has served on the Historic Preservation Advisory Commission since May of 2000 and is not eligible for reappointment. Therefore, it was necessary to appoint one new member to fill his vacancy. Jerry McKinney was appointed to the Historic Preservation Advisory Commission on December 21, 2004, to fill the remainder of a three-year term. Mr. McKinney was eligible for and interested in reappointment.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission Gerald Clark and reappoint Jerry McKinney for three-year terms, expiring April 30, 2009.

Motion carried 5-0.