1. Jack Stuckman was sworn in as a representative of Neighborhood Council District No. 6.

2A. Sandra Guynn, Chair NC4, reported that the Home Place is now in compliance with the County. The trailer park at 4727 2nd Avenue North was inspected by the City after receiving complaints from several tenants last fall. A letter was recently sent to the landowner to bring those trailers into compliance. Ms. Guynn expressed appreciation for the great presentations regarding the public safety mill levy given by Fire Chief McCamley and Police Chief Grove at the Council of Councils meeting. Ms. Guynn also thanked Kristal Kuhn, Emergency Preparedness Officer, and Patty Rearden, Recreation Administrator, for the very informative presentations at the March meeting.

2B. Aaron Weissman, Chair NC 7, reported that a resident who resides in the area of 5th Avenue North provided an informative presentation to the council about traffic on 5th Avenue North between 9th Street and 14th and 15th one-way Streets. Mr. Weissman requested the Commission consider yield signs for more controlled intersections at that location.

2C. Sue Strickland, NC 2, reported that Stelling Engineers provided a presentation to the council on the completed noise abatement study. Upon receipt of stimulus monies, commencement of a pilot program for sound proofing 10 homes will begin. The entire project encompasses 324 homes mostly in the West Hill area. Through various grants, 50 qualifying homes will be sound proofed each year thereafter.

Community Development Director Mike Rattray reported that the Commission received the recommendations made by the Community Development Council at a prior work session. Mr. Rattray requested that the Commission conduct a public hearing and take into consideration public comments before taking final action on April 21, 2009.

Mayor Stebbins declared the public hearing open.

Brett Doney, Great Falls Development Authority, thanked the City for its support to build up GFDA’s loan capital to address credit needs of businesses and developers in the City. The recommended amount for creating a new loan fund will go a long way towards starting that process.

Aaron Weissman, Chair NC 7, thanked the Commission and CDC for including a recommendation for funding playground equipment at Whittier Elementary.

David Dobbs, City Engineer, thanked the Commission for its support of two upcoming projects. The first is the ADA handicapped ramps on 8th Avenue North from 20th to 25th Streets, and 7th Avenue North from 16th to 21st Streets. These intersections will be brought into compliance with the Americans with Disabilities Act. Completion of this project will allow the City to apply for grants to resurface 8th Avenue North from Park Drive to 25th Street. The other project is replacing defective sidewalks for 25-35 low to moderate income home owners in that area. These projects will be funded by the American Recovery & Reinvestment Act. The end product will improve infrastructure.

Heidi Gibson, Center for Mental Health Foundation, spoke in support of the Center West project, which is a transitional living project for people with mental illness. Center West is a therapeutic community and place of healing. The first resident was accepted today. Ms. Gibson requested the Commission support the road to recovery at the Center for Mental Health, Center West project.

Sheila Rice, NeighborWorks Great Falls, thanked City staff and the Commission for proposing 25% of the CDBG funds to be used for affordable housing. Ms. Rice also spoke in support of Habitat for Humanity, Kairos Youth Service and the Center for Mental Health.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, that the City Commission schedule action on the Final Action Plan for April 21, 2009.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Motion carried 5-0.

Interim Planning Director Bill Walters reported that C & W Development Inc. has requested to annex and subdivide a 2.4 acre tract of land in the vicinity of 12th Avenue South and 47th Street. The subdivision consists of three lots. Two of the lots will be zoned Planned Unit Development District and each will accommodate four residential condominium units. The third lot will be zoned R-2 Single-Family Medium Density District.

At the conclusion of a public hearing held February 10, 2009, the Planning Board passed a motion recommending the City Commission approve the minor plat, annexation, and Findings of Fact all related to East Ridge, Phase 5, as well as recommending City zoning as provided in Ordinance 3032.

Mayor Stebbins declared the public hearing open.

No one spoke in favor of or opposition to Resolution 9817 and Ordinance 3032.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Commissioner Jolley moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9817, and approve the Minor Subdivision Plat, Findings of Fact and Annexation Agreement all pertaining to East Ridge Addition, Phase 5.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Motion carried 5-0.

Commissioner Jolley moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Ordinance 3032.

Motion carried 5-0.

Interim Planning Director Bill Walters reported the Animal Foundation of Great Falls has applied for a conditional use permit to build and operate an animal shelter on a parcel of land located immediately south of North Middle School. The involved property is presently zoned C-2 General Commercial District wherein an animal shelter is permitted upon processing and approval of a conditional use permit.

At the conclusion of a public hearing held February 24, 2009, the City Zoning Commission passed a motion recommending the City Commission grant a conditional use permit to allow placement of an animal shelter on Lot 4AA, Block 1, North Riverview Terrace, 7th Supplement to Great Falls.

Mayor Stebbins declared the public hearing open.

Speaking in favor of Resolution 9818 was John Huber, current Board member of the Animal Foundation, residing at 3912 14th Avenue South. Mr. Huber thanked the City for helping the Animal Foundation with the process of obtaining the conditional use permit and furthering their project.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Commissioner Rosenbaum moved, seconded by Commissioners Beecher and Bronson, that the City Commission adopt Resolution 9818.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Motion carried 5-0.

City Manager Gregory T. Doyon reported that on October 6, 2008, the City Commission considered a request from the GFDA to forgive a portion of a loan granted to High Plains Financial on April 15, 2003. The Commission modified the request and approved the loan payment arrangement. GFDA has recently requested that the City accelerate the loan payoff and forgiveness as follows: (1) lump sum payment of $64,632.14; (2) accelerate the forgiveness of debt in the amount of $138,500; (3) include a provision that if GFDA operates at a loss for any of the next three years, the City would then reduce its budget allocation (historically $100,000) by $46,166.67 which is one-third of the $138,500 of debt forgiveness.

Commissioner Jolley commented that she was voting against this proposal because she doesn’t understand the math.

City Manager Doyon corrected a typo on condition 2 wherein the forgiveness amount should read $138,500.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission amend its prior loan repayment and forgiveness agreement with GFDA and establish the following terms and conditions:

1. Accept a lump sum payment from GFDA in the amount of $64,632.14; and,
2. Accelerate the loan forgiveness amounts of $138,500 with the condition that should GFDA operate at a loss for any of the next three years, the City would then reduce its budget allocation by $46,166.67 annually over the next three years.

Mayor Stebbins asked if there was any further discussion amongst the Commissioners. No one responded.

Mayor Stebbins asked if there were any inquiries from the public.

Brett Doney, GFDA, commented that what GFDA is proposing is to pay the same amount agreed upon except instead of paying it over three years it would be paid now. GFDA will be applying for a grant to compete for stimulus funds to build more loan capital for the community. Allowing the early loan pay off will help GFDA score better on its application.

Ron Gessaman, 1006 36th Avenue NE, stated his opposition to granting any loan forgiveness to the GFDA.

Motion carried 4-1 (Commissioner Jolley dissenting).

Public Works Director Jim Rearden reported that this agreement describes the terms of the transfers of land between Cascade County and the City in order for the City to construct the 3rd Avenue NW access to the new Federal Courthouse and West Bank Park.

Commissioner Bronson moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the Land Exchange Agreement with Cascade County, with the proposed amendment to paragraph 6 set forth hereinafter and, further, to authorize the City Manager to execute this amended agreement and deeds of transfer.

Commissioner Bronson stated that Paragraph 6 of the Memorandum of Understanding as it currently stands would be stricken in its entirety, and the following language substituted in its place.

As amended, paragraph 6 will read:

“As further compensation to County for the transfers described in paragraphs 2 and 3 above, City agrees to initiate the process for vacation of 4th Street North, from 2nd Avenue North to 3rd Avenue North, to allow County to reconfigure its downtown campus and increase parking availability for County and State employees. In the event the described property is vacated, the City will remove all parking meters, and County will pay for any planning and reconfiguration, including traffic signals, improvements and maintenance. Nothing in this paragraph shall be construed as a guarantee that the described property will be vacated.”

Commissioner Bronson explained that, in essence, the proposed MOU as originally submitted was asking this body to approve the cart before the horse. The City Commission was being asked to approve a vacation of a public street and guarantee its vacation, without first undergoing the process. That is not what was anticipated by the laws that govern the vacation of public streets.

Commissioner Bronson further explained that he believed this amendment was still in keeping with what the County has proposed. He also believed the County should explain its proposal to Neighborhood Council 7.

Mayor Stebbins asked if there were any inquiries from the public.

Aaron Weissman, Chair NC 7, thanked Commissioner Bronson and Mayor Stebbins for ensuring NC 7 was aware of this proposal. NC 7 has not taken a position on this proposal yet. Mr. Weissman pointed out that the parking garage is about a block and a half from the County Courthouse. NC 7 requested a traffic and parking study be conducted of the ramifications of closing this street.

Sue Strickland, NC 2, respectfully requested that NC 2 be included in discussions with regard to this land swap or street closure because some of the land is within the boundaries of NC 2. Ms. Strickland requested and received verification that the considered land swap does not include any part of West Bank Park. Ms. Strickland commented that safety issues should be considered regarding the removal of traffic signals. Commissioner Bronson responded that the Montana Department of Transportation would retain jurisdiction over that particular issue and will have the final decision for approval or changing of lighting.

Stuart Lewin, 615 3rd Avenue North, commented that the West Bank development is important for the City and County because it is the opportunity to clean up a superfund site that was originally created by the County shop. Mr. Lewin suggested that the language be clear in the land swap documents who will be responsible for the clean up. Mr. Lewin also suggested that the new road to the Federal Courthouse be moved further south. He faulted the City Commission for not properly prioritizing the development of West Bank.

Brett Doney, Great Falls Development Authority, commented on the progress that has been made at West Bank Park. This project is coming together to fulfill the vision of West Bank Park. In response to previous comments, Mr. Doney clarified that GFDA is trying to find a site for Montana Specialty Mills; the County is not making any money from the lease back to Montana Specialty Mills; and, the County is ahead of schedule on the clean up that is regulated by DEQ.

Ron Gessaman, 1006 36th Avenue NE, stated his opposition to closing any streets in the downtown area. Mr. Gessaman encouraged the use of existing facilities. He suggested the City negotiate an agreement with the County for its employees to park in the 1st Avenue North and South parking garages.

Motion carried 5-0.

Public Works Director Jim Rearden reported that this agreement begins the process for the City to acquire additional land needed for construction of the 3rd Avenue NW roadway. This agreement will allow the City’s contractor access to the site to begin construction of the roadway to serve the West Bank area. For the project to proceed, the City must acquire the right-of-way. The agreement includes purchase of property for the new avenue, vacation of two segments of unused City right-of-way, as well as additional clarification of allowable uses of tax increment funds from Staybridge Suites. In response to Mr. Lewin, Mr. Rearden clarified that the County will retain the portion of the roadway with contaminated soil.

Commissioner Jolley moved, seconded by Commissioner Beechers and Rosenbaum, that the City Commission approve the Right-of-Way Agreement for 3rd Avenue Northwest with Talcott Properties, and authorize the City Manager to execute the agreement.

Mayor Stebbins asked if there was any discussion amongst the Commissioners.

Commissioner Rosenbaum pointed out that Talcott is a player in this project as well.

Mayor Stebbins asked if there were any inquiries from the public.

Stuart Lewin, 615 3rd Avenue North, stated his opposition for the reasons he provided in Item 7. Mr. Lewin discussed TIF funds for public benefit. He asked the Commission to consider use of TIF funds for clean up under the roadway if the County doesn’t fully clean up the site.

Motion carried 5-0.

Interim Planning Director Bill Walters reported that the City of Great Falls has secured $1,000,000 in American Recovery and Reinvestment Act funds for local enhancement projects. A local priority project by the Montana Department of Transportation is the “Sun River Connector Trail,” a key component in the Great Falls pedestrian/bicycle network, which will safely connect the Fox Farm and Southwest neighborhoods with 10th Avenue South via the Warden Bridge. The cost of the connector project is estimated at $804,000 to be 100% funded through the Act.

Staff is recommending the remaining $196,000 ARRA funds be spent on landscaping the new 3rd Avenue Northwest, between 3rd Street Northwest and West Bank Park. As programming of the ARRA funds for specific projects needs to proceed quickly, a timely response has been requested from the City.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Sun River Connector Trail and 3rd Avenue NW Landscaping projects for funding with Transportation Enhancement funds available through the American Recovery and Reinvestment Act of 2009.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Mayor Stebbins asked if there were any inquiries from the public.

Sue Strickland, NC 2, commented that Bob Mehlhoff informed her that the legislature has also authorized funding for the connector trail. Mr. Walters confirmed that Representative Mehlhoff and Senator Schmidt were instrumental in obtaining these funds. It was one in the same.

John Juris, 220 Woodland Estates, expressed appreciation for the City’s efforts to make the Sun River Connector Trail come to fruition. It is an important connection as it currently is a safety hazard. He encouraged the City Commission’s support of accepting the funds.

Motion carried 5-0.

Interim Planning Director Bill Walters reported that, with the recent completion of some necessary surveys and property descriptions, annexation of Service District No. 2 of the Upper Lower River Road Water & Sewer District is underway. Service District No. 2 consists of a 6,900 foot segment of the BNSF right-of-way, segments of Lower and Upper River Roads, and 81 parcels involving 54 property owners.

At the conclusion of a public hearing held March 10, 2009, the Planning Board passed a motion recommending the City Commission annex Service District No. 2 and the Zoning Commission passed a motion recommending the City Commission assign City zoning to Service District No. 2 as provided in Ordinance 3033.

Mr. Walters requested that the Commission adopt Resolution 9820, which is an expression of intent to annex the involved BNSF right-of-way, and to accept Ordinance 3033 on first reading and set a public hearing for May 5, 2009, when a final resolution to annex the BNSF right-of-way and a second resolution to annex the balance of Service District No. 2 will be considered.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9820.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission accept Ordinance 3033 on first reading, and set a public hearing for May 5, 2009.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jolley, that the City Commission appoint Todd Humble to the Design Review Board for a three-year term through March 31, 2012.

Mayor Stebbins asked if there was any discussion amongst the Commissioners.

Rosenbaum commented that the Commission was blessed with many qualified applicants. He thanked those that applied.

Mayor Stebbins asked if there were inquiries from the public. No one responded.

Motion carried 5-0.

City Manager Gregory T. Doyon reported that Jim Rearden had an announcement. Public Works Director Jim Rearden invited everyone to attend the third annual E-rase your E-waste event combined with the annual Earth Day celebration to be held at MSU-COT on April 25, 2009. Mr. Rearden also thanked the sponsors that helped keep the fees for disposal fairly low. In the last two years this event has helped divert twenty tons of e-waste from the City’s landfill.

Mayor Stebbins opened the meeting to Petitions and Communications.

Mayor Stebbins extended personal invitations to the Mayor’s Prayer Breakfast on April 15, 2009, and the Fur Ball fund raising event on April 18, both to be held at the Heritage Inn.

There being no further business to come before the Commission, Commissioner Bronson moved, seconded by Commissioner Rosenbaum, that the regular meeting of April 7, 2009, be adjourned at 8:47 p.m.

Motion carried 5-0.

Minutes Approved: March 21, 2009