JOURNAL OF COMMISSION PROCEEDINGS
September 14, 1994

Special City Commission Meeting

Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Bob Deming, and Vicki Everson. Commissioner John Gilbert was excused. Also present were the City Manager, City Attorney, Directors of Community Development, Park & Recreation, and the City Clerk.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the 300 Archery Club and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification and other action should cure any legal deficiencies.

Additionally, bidding of this lease was deemed unnecessary pursuant to an exception in the City Code where there is no actual potential for more than one party interested in making a bid.

Mayor Morris declared the public hearing open. Mr. Roy Patte, 3913 Wilkenson Lane, stated his comments were directed toward all seven resolutions. He stated in 1983 the board told the other members that were leasing Wadsworth Park that within two years they were to vacate the property because it would be conducted into a park. He said that times have changed and that it is no longer appropriate to have shooting on City property. There should be no leases to special interest groups. It is public land and should be opened to all members of the public not a specific few.

Mayor Morris stated that the intent of the public hearing for items 1 - 5 were to receive public comment on the lease itself and not whether the lease should exist for a specific location.

City Attorney, Dave Gliko, advised that the public hearing is open to all aspects of the proposed leases and that all seven leases were open for public comment. He added that only the last two leases on the agenda were subject to bidding. Mr. Gliko advised that the City Commission could grant Mr. Patte's request to address all seven leases in one testimony rather than speaking seven different times.

It was the consensus of the City Commission to allow Mr. Patte to address all seven leases in his comments.

Mr. Patte stated he was unclear on the specifications for the leases. Mr. Gliko stated that the ordinance only requires the Commission bid the leases unless the exception, "where there is no actual potential for more than one party interested in making a bid," is evident. The bidding process for these leases was open to anyone to make any kind of proposal in the form of a bid for lease.

There being no one further to speak in support of or in opposition to Resolution 8667, Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8667.

Park and Recreation Director, Jerry Sepich, stated that Ordinance 2581 does not require bidding for park lease "where there is no actual potential for more than one party interested in making a bid." Staff determined that the potential does not exist for the following reasons: 1) The length of past leases; 2) Significant improvements and/or facilities made to the property; 3) No other party has expressed an interest in leasing the area.

Mr. Sepich added that in the case of the 300 Archery Club it was determined that 1) According to Park and Recreation records, this organization has leased from the City since 1971; 2) According to the club, they have put in $6,000 to $7,000 of improvements, including a small clubhouse and stationary targets; and 3) No other party has expressed an interest in leasing the area currently leased by the Club.

Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Missouri River Shooter Association, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification and other action should cure any legal deficiencies.

Additionally, bidding of this lease was deemed unnecessary pursuant to an exception in the City Code where there is no actual potential for more than one party interested in making a bid.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8668. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioners Deming and Everson, that the City Commission adopt Resolution 8668.

Park and Recreation Director, Jerry Sepich, stated that Ordinance 2581 does not require bidding for park lease "where there is no actual potential for more than one party interested in making a bid." Staff determined that the potential does not exist for the following reasons: 1) The length of past leases; 2) Significant improvements and/or facilities made to the property; 3) No other party has expressed an interest in leasing the area.

Mr. Sepich added that in the case of the Missouri River Shooter Association it was determined that 1) According to Park and Recreation records, this organization has leased from the City since 1971; but has occupied that parcel of land since 1910; 2) They have built an indoor shooting range; and 3) No other party has expressed an interest in leasing the area currently leased by the Club.

Mayor Morris called for the vote. Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Sun River Skeet Club, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification and other action should cure any legal deficiencies.

Additionally, bidding of this lease was deemed unnecessary pursuant to an exception in the City Code where there is no actual potential for more than one party interested in making a bid.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8669. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8669.

Park and Recreation Director, Jerry Sepich, stated that Ordinance 2581 does not require bidding for park lease "where there is no actual potential for more than one party interested in making a bid." Staff determined that the potential does not exist for the following reasons: 1) The length of past leases; 2) Significant improvements and/or facilities made to the property; 3) No other party has expressed an interest in leasing the area.

Mr. Sepich added that in the case of the Sun River Skeet Club it was determined that 1) According to Park and Recreation records, this organization has leased from the City since 1971; but has occupied that parcel of land since 1910; 2) Substantial improvements have been made to the area including a clubhouse, garage, well, septic system, lighting, and sprinkler system valued at approximately $250,000 to $300,000; and 3) No other party has expressed an interest in leasing the area currently leased by the Club.

Mayor Morris clarified to Mr. Patte that the lease for the Skeet Club was not exempt from public comment, but it was exempt from the bidding process.

Mr. Patte asked that just because the Skeet Club put in improvements, then they would be exempt from the bidding process? Mayor Morris stated that the improvements were a factor but was only one of the three criteria to determine exemption from the bidding process.

Mr. Patte stated that, in his opinion, the improvements belong to the City because ownership of the improvements was not addressed in the leases. City Attorney, Dave Gliko, stated that this is one of the leases that was not up for bid because there is only one potential bidder. And the reason that justifies the "one potential bidder" is that the lessee has been leasing the property since 1970 according the records checked, and have been on the property since 1910; and throughout those years, they have made improvements to the property valued at approximately $250,000 which is evidence of their intent to be there on a permanent and long-standing basis; and Park and Recreation, according to their records, have never received a request or bid from anyone to take over or bid on that particular portion of Wadsworth Park. He concluded that the question of whether there is anyone else interested is closed. It was not a matter for debate. The information was simply for the City Commission to acknowledge, and was required by City Code to hold a public hearing on this lease, but no more than that.

Mr. Patte asked what would happen if someone wanted to utilize the west half of Wadsworth Park and develop a combination recreation area with fishing, perhaps golfing, then they would be obligated to reimburse what improvements have been put in by the various clubs before it would be considered an eligible bid? Mayor Morris responded that has not happened and therefore not under discussion.

Mr. Patte stated that his point was that bidders of any category should be able to bid on any portion of Wadsworth Park in order to build it up.

Mayor Morris called for the vote. Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Great Falls Saddle Club, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification and other action should cure any legal deficiencies.

Additionally, bidding of this lease was deemed unnecessary pursuant to an exception in the City Code where there is no actual potential for more than one party interested in making a bid.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8670. Mayor Morris closed the public hearing.

Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8670.

Park and Recreation Director, Jerry Sepich, stated that Ordinance 2581 does not require bidding for park lease "where there is no actual potential for more than one party interested in making a bid." Staff determined that the potential does not exist for the following reasons: 1) The length of past leases; 2) Significant improvements and/or facilities made to the property; 3) No other party has expressed an interest in leasing the area.

Mr. Sepich added that in the case of the Great Falls Saddle Club it was determined that 1) According to Park and Recreation records, this organization has leased from the City since 1971; but has occupied that parcel of land since 1940; 2) Substantial improvements have been made to the area including a construction of a large horse area that will accommodate many equestrian activities including roping events, rodeos, and horse shows; and 3) No other party has expressed an interest in leasing the area currently leased by the Club except Prairie Riders Saddle Club.

Mayor Morris called for the vote. Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Prairie Riders Saddle Club, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification and other action should cure any legal deficiencies.

Additionally, bidding of this lease was deemed unnecessary pursuant to an exception in the City Code where there is no actual potential for more than one party interested in making a bid.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8671. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8671.

Park and Recreation Director, Jerry Sepich, stated that Ordinance 2581 does not require bidding for park lease "where there is no actual potential for more than one party interested in making a bid." Staff determined that the potential does not exist for the following reasons: 1) The length of past leases; 2) Significant improvements and/or facilities made to the property; 3) No other party has expressed an interest in leasing the area.

Mr. Sepich added that in the case of the Prairie Riders Saddle Club it was determined that 1) According to Park and Recreation records, this organization has leased from the City since 1983, in the Sandhills Park area, but were relocated at the request of the City; 2) They intend a substantial commitment to improve the area by constructing another arena; and 3) No other party has expressed an interest in leasing the area currently leased by the Club.

Mayor Morris called for the vote. Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Golden Triangle Sporting Dog Club, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification or otherwise award the lease to the highest responsible bidder, should cure any legal deficiencies.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8672. Mayor Morris closed the public hearing.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8672.

This lease was open for bid. No one from the audience presented a bid. The City Clerk indicated she did not receive any bids prior to the special meeting.

Mayor Morris called for the vote. Motion carried 4-0.

Ratification of the lease of a portion of Wadsworth Park, dated August 2, 1994, with the Wadsworth Water Warriors, and the City, was recommended subsequent to a public hearing. The prior lease of August 2, 1994, was entered into without holding a formal public hearing as required by City Code, even though, notice had appeared in the August 2, 1994 Great Falls Tribune. All those present at the meeting were allowed to speak prior to voting on the lease. The scheduling of a public hearing at a special meeting for that purpose with legal notice having been given more than 15 days prior to said hearing and subsequent ratification or otherwise award the lease to the highest responsible bidder, should cure any legal deficiencies.

Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to Resolution 8673. Mayor Morris closed the public hearing.

Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Resolution 8673.

This lease was open for bid. No one from the audience presented a bid. The City Clerk indicated she did not receive any bids prior to the special meeting.

Mayor Morris called for the vote. Motion carried 4-0.

There being no further business to come before the Commission, the special meeting of September 14, 1994, adjourned at 7:45 p.m.