| Regular City Commission Meeting | Mayor Morris Presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Community Development, Library, Public Works, Finance, Park & Recreation, Fire Chief, Police Chief, Acting Director of Planning, and the City Clerk.
On April 18, 1995, the City Commission voted to table action on Ordinances 2672, 2674 and 2675, in order to give Staff additional time to make changes to said ordinances. The City Commission made several recommendations and Staff was requested to research them, work with community groups on the proposed ordinances and prepare revised versions of each Ordinance. For the past two years, Staff, in conjunction with a consultant, have researched a more equitable system for issuing business licenses. Some Great Falls businesses have been paying license fees, but many have been exempt per State law. The primary reason for the exemption was based on regulatory authority of State agencies versus a local government.
The purpose for City involvement in licensing businesses involves creating a register of all businesses in Great Falls and providing safety and health inspections of the premises. The City is not involved in regulation of business activity. Because of this, Staff proposes to eliminate any concept of such regulation from the City Code book and focus on premise permits to cover the cost of health, safety and welfare inspections and other services.
In the past 5 years, the City Commission has dropped the mill levy 7 mills relieving property owners and assessing costs of services for those actually receiving the service. In an effort to continue this trend, and to recoup actual costs incurred providing safety and health inspections to business, Staff proposes the amendments to Title 5.
The significant amendments include:
On October 17, 1995, the City Commission set the public hearing for said ordinances and directed Staff to advertise the public hearing. The public hearing was advertised in the legal notices of the Great Falls Tribune, was listed as a public service announcement on the public access channel, two display ads were placed in the Great Falls Tribune, and notices were sent in two utility billing zones. Notices were not sent in the third utility billing zone because of timing.
Mayor Morris declared the public hearing open. Those speaking in opposition to said ordinances were as follows: Stephen White, 1308 5th Avenue NW, stated he did not see where the City could require a permit to conduct a worship service. He suggested that the proposed ordinances violated the United States Constitution in regard to separation of church and state. Mr. White advised the Commission to put the ordinances on a ballot for a vote of the people.
Dave Gliko, City Attorney, stated that local government already “regulates” churches in some degree with zoning and public health laws. He stated that the intent of these ordinances was not to regulate religious beliefs. Rather, the ordinances are based on the protection of health, safety, and welfare. He added that the proposed fee structure was designed to recoup actual costs incurred by the City to inspect premises for fire safety.
Reverend Robert VanderAarde, 2100 5th Street NW, stated that as a congregation, they were willing to pay the fee. However, he suggested that the proposed $45 fee was high for the fifteen minute inspection made by the firefighters. Rev. VanderAarde stated that churches do pay assessments already.
Gary Tomes, 1300 2nd West Hill Drive, stated he did not agree with the opinion of the City Attorney regarding separation of church and state. Mr. Tomes suggested that the premise permit fee could put churches out of business.
Greg Hatley, attorney representing the Catholic Dioceses, stated that the proposed ordinances impinge upon the freedom of religion. He added that the fee, in reality, is a hidden tax for the purpose of generating additional funds. Mr. Hatley stated that the City Commission cannot pass ordinances regulating constitutionally protected freedoms, such as religion.
Dave Gliko, City Attorney, acknowledged the cases cited by Mr. Hatley. He restated that the City was not attempting to regulate religion and that the focus of the proposed ordinances was on the premise structure and not a profession or activity. He added that this is a health, welfare and safety measure and was not directed at a profession or religion.
Commissioner Gilbert stated after listening to the testimony, to this point, it did not appear the churches were disputing the need to pay their fair share. However, they disagreed with the equity issue.
Reverend Karen Frank Plumblee, 1304 3rd West Hill Drive, stated that oftentimes congregation members meet in other places than the church structure. She asked if the homes that are used for meetings would need to be permitted as well.
Elmer Davis, 316 Central Avenue West, stated that firefighters are already on call and did not understand why the City needed to collect a fee for work firefighters are already being paid to do. He stated there is no difference between a premise permit and a tax. He suggested that the ordinances were ill advised, ill thought out, and ill presented.
Leonard Lundby, P.O. Box 1098, stated he does not have a business premise located within the City of Great Falls. However, he currently pays for a business licenses for the privilege of doing business within the City limits. Mr.Lundby added that he is a volunteer firefighter and fire inspections are designed to help firefighters and are not a public safety issue. Mr. Lundby suggested that if more revenue was needed to offset the costs of fire service to increase the fire service fee.
Bob Balyeat, 22 White Lane, stated people pay enough taxes and it is time for the government to become more efficient. He suggested that people elect officials who will be more prudent.
Cheryl McGee, 4004 5th Avenue North, stated that she conducts a small business out of her home and didn’t mind paying more, but wanted to know what she would be paying for.
Cheryl Patton, Community Development Director, stated that home occupation rates had not been raised in eight years and that the fees currently collected did not cover costs. She added that the proposed ordinance would add an additional level of service to the neighborhood, rather than to the person with a home occupation.
Peter Bryant, 210 29th Street North, stated he was concerned about the proposed square footage in the home occupation portion of the ordinance.
Jonathan Martin, 2212 2nd Avenue South, suggested that before the City starts to throw taxes at churches, that the City assess the need for the service and for the additional revenue. Mr. Martin stated that home occupations already exist.
Sandy Mares, 429 19th Street SW, stated she read the ordinances and had the following suggestions/comments: 1) She is a CPA and has been exempt from a home occupation license and asked if her home would be subject to inspections. Cheryl Patton stated that if her home would be inspected, an appointment would be made by the building official. 2) She suggested an appeal process be inserted into the ordinance for home occupations. 3) She suggested that many home occupations are for people with part-time occupations and perhaps gross revenues be considered in determining if a home occupation would be required. 4) She suggested that the percentage be used to determine the allowable space for a home occupation rather than a specific square foot maximum. 5) Finally, she suggested that Staff work with more of the public in drafting these ordinances.
Michael Martin, 2212 2nd Avenue South, stated that he has not heard one person speak in support of the ordinance and suggested that the entire ordinances “sounded fishy.”
Commissioner Bennett stated that oftentimes those opposing an issue will come forth and those supporting an issue will remain silent. She also stated that Commissioners hear from people in many other ways besides the public forum at a Commission meeting.
Terry Pehan, 1128 20th Avenue SW, spoke in support of the proposed ordinances. He stated that public hearings demonstrate the democratic process and supported the forum held by the Commission at this meeting. Mr. Pehan reminded the audience that somebody must pay the price for the level of service being provided and he objected, as a property owner, for picking up the tab for those enjoying the benefits but not helping to offset the costs. He added that churches are notorious for doing self-help construction projects which would not require building inspections. However, the self-help projects could endanger the lives of the congregation if annual inspections were not made. Annual inspections that have a cost to provide.Reverend Robinson invited the City Commission and Staff to attend a meeting on Thursday at noon with the clergy people of the community to discuss the proposed ordinance further. Commissioner Deming, as well as the City Clerk, indicated they would attend the meeting.
There being no one further to address the City Commission, Mayor Morris declared the public hearing closed and called for a brief recess. Following the recess, Mayor Morris reconvened the meeting and asked the direction of the City Commission regarding the proposed ordinances.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission postpone action on Ordinances 2672, 2674 and 2675, until November 21, 1995.
Commissioner Everson suggested that Staff visit with the clergy people and to work with Miss Mares on the issues presented during the public hearing.
Commissioner Deming asked if the City Attorney would explain if multiple buildings owned by an individual “company” would require separate premise permits and how would the terms “establishment” and “branch” apply to this situation.
City Attorney, Dave Gliko, stated that in the definitions proposed within the ordinances the language “buildings” and “offices” are used. Further, that the definitions seem to suggest that in cases where there may be multiple buildings in a single location, a single premise permit would be issued. Mr. Gliko stated that in 5.01.020(b) the words “each branch” or “establishment” indicated separate premise permits would be required if there was a separation in the general location of the buildings.
Commissioner Gilbert stated he was in favor of the 1st Amendment to the United States Constitution, however, he supported everyone paying their fair share as well.
Commissioner Bennett explained that churches have been subsidized by other businesses and the intent of this Ordinance was to even out the financial burden of providing this service to those who receive the service.
Motion carried 5-0.
Ordinance 2698 will delete from the City Code, the current fee schedule for processing subdivisions and/or annexations. A revised fee schedule is expected to be adopted as part of Resolution 8761.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2698. Mayor Morris declared the public hearing closed.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Ordinance 2698.
Motion carried 5-0.
Resolution 8761 establishes revised fees for processing zone changes, conditional uses, subdivisions and annexations. In deriving the proposed fees on the attached matrix, two criteria were employed: 1) keep it simple and 2) provide finite figures to be utilized by the applicant to determine project and review costs.
The Planning Board, during a regular meeting held September 12, 1995, passed a motion to recommend that the City Commission increase the fees for processing City subdivisions, rezonings, and conditional use applications and that the annexation fees be as follows:
| Preliminary processing fee | $100 per annexation petition |
| Agreement processing fee | $200 per annexation |
| Resolution of annexation | $100 per annexation |
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8761. Mayor Morris declared the public hearing closed.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8761.
Commissioner Bennett suggested that the fee schedule should include an inflation factor. Dave Gliko, City Attorney, cautioned against it. City Manager, John Lawton, suggested that if the Commission wanted to include an inflation factor, to set it for a specific period of time, to make it closed-ended.
Commissioner Gilbert stated he was not inclined to support the addition of an inflation factor. Commissioner Everson suggested that instead of adding the inflation factor to have the Commission review the fees annually.
Motion carried 5-0.
Installation of enhanced street lighting along 26th Street South from 10th Avenue South to approximately 18th Avenue South is proposed in conjunction with the 26th Street South roadway and storm drain improvement project (SID 1268). The City Commission adopted Resolution 8760 on October 17, 1995 which established the boundaries of the district and the annual assessment per lot for the lighting.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or opposition to said Resolution. Mayor Morris declared the public hearing closed.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission adopt Resolution 8764.
Motion carried 5-0.
Change Order 1 changed the original contract price from $77,353 to $78,263. This Change Order was necessary to install a mesh screen over the precooler panels for hail protection.
Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission approve Change Order 1 for the Great Falls Public Library Air Conditioning Unit (OF 1121) and authorize the City Manager to execute the documents.
Commissioner Everson stated she would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Everson abstaining).
Public Works has contracted for janitorial services since August, 1992. The recommended contract with Maintenance Service Systems would cost approximately $51 per day or $13,165 per year.
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission award a three year contract for janitorial services at the Public Works Complex and the Citizens Convenience Center to Maintenance Service Systems/Easter Seals.
Commissioner Gilbert stated he would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).
The Catholic Dioceses requested to annex 4.4 acres of land and add same to the Stites Memorial Addition through an Amended Plat. The Diocese is expanding the retirement facility initiated with construction of the four existing units on the presently incorporated portion of the Amended Plat.
During its meeting on October 24, 1995, the Planning Board passed a motion recommending that the City Commission approve the Amended Plat of Stites Addition and that the City annex and zone the unincorporated area therein as “C” Residence Use, “A” Area District.
Commissioner Everson moved, seconded by Commissioners Bennett and Deming, that the City Commission approve the Amended Plat of Stites Memorial Addition No. 1 and the accompanying Annexation Agreement and adopt Resolution 8763.
Motion carried 5-0.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept the Consent Agenda as printed minus items 13, 24 and 31.
Because Mayor Morris dispensed with the reading of the Consent Agenda, City Attorney, Dave Gliko, asked each Commissioner to verbally affirm that they reviewed and are familiar with each item listed. All five Commissioners acknowledged that they reviewed and understood the items on the Consent Agenda.
Motion carried 5-0.
Lone Tree, Inc., is developing the Castle Pines subdivision for affordable housing. This economic development agreement provides for the City to make a “bridge” loan from the economic revolving fund. The loan provides timely financing for the City to extend utility infrastructure to the edge of the Castle Pines Development. The bridge loan bridges the time gap between construction and eventual SID financing. The bridge loan would be repaid by an SID and/or an economic development impact fee.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept the Economic Development Agreement with Lone Tree, Inc., and authorize the City Manager to execute the document.
Commissioner Gilbert stated he would abstain due to a perceived conflict of interest.
Motion carried 4-0-1 (Commissioner Gilbert abstaining).PEC presented the City with an alternate proposal for repairs on two additional sections. The sections of sewer main are on First Alley South between 6th and 8th Streets. The new method provided a cost savings and reduced public inconvenience. Change Order 2: 1) utilizes another method of trenchless technology (pipe bursting) on two of the original repair sections, 2) adds four more repair sections to the contract, 3) reimburses the contractor for additional sewer cleaning performed, and 4) purchases 9 new manholes form the contractor which the original contract amount and adds 981 additional lineal feet of sewer main rehabilitation and maintains the original contract time.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve the Change Order 2 for the 1995 Sewer Rehab, (OF 1083) and authorize the City Manager to execute the documents.
Commissioner Deming stated that in most cases he does not approve of change orders. However, he complimented Staff on this type of change order because the City received more service for the same price.
Motion carried 5-0.
Central Plumbing and Heating completed all contracted work according to the plans and specifications. Staff recommends the City Commisison accept the project and authorize the final claim documentation to be signed by the City Manager. The final project amount was $78,262.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission approve the Final Pay Request from Central Plumbing and Heating and the State Miscellaneous Tax Division, in the amount of $7,826.30, contingent upon approval of Change Order 1 for the Great Falls Public Library Air Conditioning Unit and authorize the City Manager to make the payment.
Commissioner Everson stated she would abstain due to a potential conflict of interest.
Motion carried 4-0-1 (Commissioner Everson abstaining).
No reports or announcements.
There being no further business to come before the Commission, the regular meeting of November 7, 1995, adjourned at 9:50 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk