Planning Director Ben Rangel reported the owners of Western Ranch Supply requested to annex a wholly surrounded 5 acre enclave which is located at 4000 River Drive North. The project includes the renovation of an existing building on the premises, provision of a large fenced exterior retail display area and a paved customer parking area.

The surrounding incorporated property is zoned I-2 Heavy industrial district and Staff, therefore, recommended this land be zoned the same.

On April 11, 2006, the Planning Board/Zoning Commission conducted a joint public hearing on the annexation and zoning requests. At the conclusion of the public hearing, the Zoning Commission unanimously passed a motion recommending the City Commission zone the property I-2 heavy industrial district and the Planning Board passed a motion recommending the City Commission approve the annexation request subject to the applicant pay all applicable fees, provide an accurate metes and bounds survey description of the property, and sign an annexation agreement.

Mayor Stebbins declared the public hearing open. No one appeared to speak in opposition to Resolution 9604 or Ordinance 2944. Mark Macek, 801 9th Street South, spoke in support. There being no one further to address the City Commission, Mayor Stebbins declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9604 and approve the accompanying Annexation Agreement.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioners Hinz and Jovick-Kuntz that the City Commission adopt Ordinance 2944.

Motion carried 5-0.

Planning Director Ben Rangel reported that staff at the MSU-College of Technology proposed that the City vacate a segment of 20th Street South right-of-way and rededicate and realign the roadway as shown on an amended plat. Mr. Rangel added that this realignment provided for an s-curve in the roadway to realign 20th Street South along the east boundary of Prospect Park Addition. In addition, the lots contained in the area were being aggregated from 7 lots to 4 lots. MSU-College of Technology representatives stated that the smaller lots have become a dumping ground for concrete rubble, tree limbs, grass clippings and some trash.

The Planning Board considered the vacation and Amended Plat during a meeting held July 11, 2006, and unanimously passed a motion recommending the City Commission vacate subject rights-of-way and approve the amended plat.

Mayor Stebbins declared the public hearing open. No one appeared to speak in opposition to Resolution 9592. Jason Gerard, 1500 2nd Avenue South, spoke in support. There being no one further to address the City Commission, Mayor Stebbins declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9592 and approve the Amended Plat of Lots 2 and 3, Block 1 and Blocks 2, 3, and 4, of Vo-Tech Addition and the accompanying Findings of Fact.

Motion carried 5-0.

Planning Director Ben Rangel reported that G & J Development submitted a request to add two dwelling units to the previously approved planned unit development (PUD) condominium project currently under construction on Block 11, West Ridge Addition Phase II, which is located between 35th and 36th Avenues NE and 2nd and 3rd Streets NE. Mr. Rangel explained that the original Annexation Agreement for West Ridge Addition Phase II obligated the applicant to develop the PUD substantially in accordance with the site plan. Adding two units to a 32-unit condominium project would seem to be insignificant. However, to accommodate the two additional units, some building setbacks from roadways and between structures would be reduced. Staff determined this increase in density to be a significant enough change that it should be subject to the same review and approval as the original PUD. He added that the Planning Board recommended the City Commission approve the request.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to the Addendum Agreement. There being no one further to address the City Commission, Mayor Stebbins declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission approve the Addendum Agreement to add two dwelling units to the PUD in West Ridge Addition Phase II.

Motion carried 5-0.

Budget Officer Melissa Kinzler reported that State law requires the City Commission to conduct a public hearing and adopt a resolution in order to assess the costs of work, improvements, and maintenance to the owners of property within the boundaries of such districts.

The General Boulevard Area assessment for fiscal year 06/07 will be $289,725 the same amount assessed in FY 05/06. This will result in an assessment of $61.71 for an average lot of 7,500 square feet.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9596. Mayor Stebbins declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9596.

Motion carried 5-0.

Budget Officer Melissa Kinzler reported that in order to provide for the necessary assessment support, State law requires the City Commission to conduct a public hearing and adopt a resolution authorizing and setting the assessment. MCA 7-12-4421, states: “…assessments for the costs and expenses of maintaining streets, alleys and public places shall be made against all of the property embraced within each district by one of the methods provided in 7-12-4422.”

The Street Maintenance assessment for fiscal year 06/07 will increase by 10 percent, which was recommended to finance street reconstruction projects. The anticipated collections would total $2,387,479 resulting in an assessment of $67.09 for an average lot of 7,500 square feet.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9598. Mayor Stebbins declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9598.

Motion carried 5-0.

Budget Officer Melissa Kinzler reported that State law requires the City Commission to conduct a public hearing and adopt a resolution in order to assess the costs of work, improvements, and maintenance to the owners of property within the boundaries of such districts.

The Portage Meadows Area assessment for fiscal year 06/07 will remain at $19,786, the same amount assessed in FY 05/06. This will result in an assessment of $105.81 for an average lot of 4,503 square feet.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9597. Mayor Stebbins declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9597.

Motion carried 5-0.

Public Works Director Jim Rearden reported that Ordinance 2946 would amend OCCGF 13.06 Section H. He explained that the Ordinance would allow water service lines from a meter pit to the building be either copper or HDPE, 200 psig meeting AWWA C-901 Standards. Since the first reading of the Ordinance, staff requested the Ordinance be changed to allow the materials option only for service lines longer than 100 feet if the meter is installed at the property line. Additionally, the requirement that the first 10 feet of pipe from the house is to be copper, if the owner uses HDPE pipe, was eliminated.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2946.

Commissioner Hinz asked what the difference was in longevity between the copper and the HDPE pipe. Mr. Rearden stated that copper had a great track record and there was limited information regarding HDPE pipe.

Motion carried 5-0.

City Clerk Peggy Bourne reported that Ordinance 2949 amends the existing city code that pertains to events held on public lands where alcohol is to be consumed. The proposed ordinance eliminates a conflict with a resolution that established the street closure policy and provides for more events to be held in City parks such as corporate picnics, wedding receptions, family reunions and class reunions.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that Ordinance 2949 be accepted on first reading and the public hearing and final reading be set for September 5, 2006, at 7 p.m.

Motion carried 5-0.

Budget Officer Melissa Kinzler reported that MCA 15-10-202 requires the Montana Department of Revenue send a certification to each taxing authority of the total taxable value within the jurisdiction of the taxing authority by the first Monday of August. The statement and the certified millage are necessary for the City to determine compliance with MCA 15-10-420.

She added that the proposed mill levy was 140.94 mills, which provides for the same mills levied in the previous year plus:

• a 1.424% tax levy increase as allowed by MCA 15-10-420 for inflation; and,
• tax revenue growth from the $2,873,541 in newly taxable property resulting from new construction.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9579.

Motion carried 5-0.

Assistant City Manager Cheryl Patton reported that the community swimming pools were built and/or renovated in the 1960s. Due to the fact that the pools systems and infrastructure have deteriorated over time, the City was faced with significant capital and maintenance issues. The “rehabilitation project" was estimated to cost just under $2.3 million and General Obligation Bond financing was necessary to fund it. She added that adoption of Resolution 9605 authorizes submitting to the electors of the City of Great Falls a ballot question on November 7, 2006, in conjunction with the general election. The election would determine whether or not to issue $2,270,000 of General Obligation Bond financing over a term of ten years to fund repairing and rehabilitating the Mitchell, Water Tower and Jaycee Pools.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9605.

Commissioner Hinz explained that this action allowed the citizens to make the decision. Mayor Stebbins concurred stating that the survey showed that the Great Falls citizens were willing to embrace clean activities for the kids.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Consent Agenda as printed.

Motion carried 5-0.