| 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, Public Works, Finance, Park & Recreation, Fairgrounds, Fire Chief, Acting Directors of Planning and Police, and the City Clerk.
J.C. Draggoo and Associates completed the revised draft of the City of Great Falls Comprehensive Park and Recreation Master Plan and presented it to the Park and Recreation Board on August 14, 1995. The Park and Recreation Board reviewed, revised and approved the Plan and recommends that most of the Plan, with two addendums, be adopted by the City Commission. Staff, and the Park and Recreation Board recommended additional time was needed to consider the implementation/funding aspect of the plan. Those aspects will be presented to the City Commission at a later date.
Mayor Morris declared the public hearing open, the following appeared to address the Commission regarding Resolution 8765.
Mrs. Ruth Saucier, 4034 4th Avenue North, stated she was pleased with the proposal regarding the duck population at Gibson Pond. She supported the aspect of the master plan prohibiting the feeding of wild birds.
Steven Urbush, 11 9th Street South #33, stated the City Commission should establish a park in each neighborhood. He stated that this is the patrimony left to the community by Paris Gibson. He added that the City needs to reassess and reallocate monies for parks.
Don Bedker, 3333 17th Avenue South, stated he opposed the portion of the Master Plan recommending that a portion of Russell Park be sold and the proceeds used to develop the other half of the park. He added that once park land is sold, it is gone forever. He stated he was not opposed to developing the park. However, he wanted the Commission to grant the neighborhood time and allow them to organize and perhaps adopt the park or create a maintenance district to offset the costs of maintaining the park.
Harry Miller, 313 10th Avenue SW, stated he does not have a park in his neighborhood and suggested that the City Commission concentrate on developing new parks in areas without one before money is spent enhancing existing parks.
Patricia McVay, 3321 17th Avenue South, stated she disagreed with the portion of the Master Plan recommending that a portion of Charlie Russell Park be sold. She concurred with Mr. Bedker’s comments and asked the Commission to grant the neighborhood an extension to organize and work together on Charlie Russell Park.
Bob Pfenning, 820 20th Avenue NE, thanked the Park and Recreation staff for working with him and the Riverside Little League in locating another site.
Jim Hartel, 2008 2nd Avenue South, stated he is a member of the Park Board. Mr. Hartel summarized the process used by the Park and Recreation Staff, the ad hoc committee and the Park and Recreation Board in developing the proposal before the City Commission.
Stan Parzych, 3313 17th Avenue South, asked that the City Commission not sell any portion of Russell Park.
Marvin Anderson, 2316 13th Avenue South, stated he was speaking on behalf of the Park and Recreation Board and that the Board supported the adoption of the Park Master Plan.
Ed Liffring, 1611 7th Avenue North, suggested that the City take better care of the trees in the boulevard areas.
Janice Tholen, 3341 17th Avenue South, stated she opposed the sale of any portion of Russell Park.
Pam Ardis, 1 16th Avenue South, supported improving Verde Park. However, she stated, that adding additional amenities such as a 50 car parking lot and basketball court did not make sense to her.
Terry Albrecht, 3309 15th Avenue South, suggested he was not opposed to the plan, however, it could create competition for mill levy approval.
There being no one further to address the Commission, Mayor Morris closed the public hearing.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission establish a one year moratorium on the sale of any park land.
Commissioner Gilbert stated he opposed this motion because there were some instances where park land is proposed to be sold, however, it was not controversial nor a part of this Master Plan.
Commissioner Everson stated the intent of her motion was to address only the sale of park land in conjunction with the Master Plan.
The City Clerk was advised to amend the motion to incorporate Commissioner Everson’s intent. The motion would now read:
that the City Commission establish a one year moratorium on the sale of any park land as recommended in the Park Master Plan.
City Manager, John Lawton, stated that although the Park Master Plan recommended the sale of park property, the property could not be sold without the formal process as outlined in the City Code Book. He added that the sale of any park land requires two public hearings, one before the Park Board and one before the City Commission, and that Staff seek competitive bids for the sale of the land.
Commissioner Gilbert recommended that the Commission postpone action on the Park Master Plan for two weeks in order to give them additional time to think about an appropriate motion.
Commissioner Bennett added that the City Commission did not want to inadvertently authorize the sale of any park land when that was not their intent.
Commissioner Everson withdrew her motion. Commissioner Deming withdrew his second.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission delay action on Resolution 8765 until December 19, 1995.
Commissioner Deming thanked the Park Board and the many people who worked on the development of the Master Plan.
Commissioner Gilbert stated he supported the one year moratorium on the sale of park land as recommended in the Park Master Plan. He requested the City Manager direct Staff to put together SID boundaries as a possible option for funding some of the recommended improvements. Additionally, he asked that City Staff work with the neighbors in Russell Addition and help develop areas of responsibility and a variety of options for the neighborhood to consider.
Commissioner Everson also thanked the many volunteers who worked the Master Plan. She added that it is important for the community to get involved with the park system, either through the adopt a park program or other means.
Motion carried 5-0.
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.
On October 17, 1995, the City Commission accepted Ordinance 2674 on first reading and set the public hearing for November 7, 1995. The appropriate legal notices, as well as a display ad were published in the Great Falls Tribune. Notices regarding the hearing were also distributed through the utility bills and was on the Channel 7 reader-board.
Ordinance 2672, previously considered by the City Commission, established the Permit and License procedures, such as authorizing a department to create forms, and to carry out the function of issuing permits. Ordinance 2674 is a companion ordinance to 2672 containing the language which requiring businesses to obtain a Safety Inspection Certificate or home occupation permit.
On November 7, 1995, the City Commission conducted a public hearing. Approximately 15 people representing several religious organizations and home occupations appeared to speak in opposition to the ordinances. Several of those speaking made recommendations to amend the proposed ordinances suggesting the amendments would make the ordinances more palatable. Upon careful consideration of the proposed amendments, Staff suggests the City Commission incorporate several into the ordinances. The specific amendments are outlined in a memo from the City Clerk dated November 9, 1995.
On November 21, 1995, the City Commission, after hearing additional testimony adopted Ordinances 2672 and 2675. However, action on Ordinance 2674 was postponed until December 5, 1995. During their discussion, the City Commission wanted additional time to think about the comments made and to consider the proposed amendments.
Following the November 21, 1995 City Commission meeting, Staff proposed that the language be amended to read “Safety Inspection Certificates” rather than “Premise Permits.” The Ordinance reflects the amendments as recommended by City Staff.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Ordinance 2674 with the following amendments.
In addition to the amendments listed, Commissioner Gilbert moved to amend 5.02.210 so it will read as follows:
5.02.210 Issuance - revocation of certificate. A. New Issuances Applications for home occupation certificates shall include:
1. A scaled site plan indicating what portion of the dwelling will be used for the business.
2. A complete description of the type of business to be conducted.
3. Documented approval of all adjacent property owners inclusive of those separated by right-of-ways. If any two adjacent property owners, whose approval are required, do not approve the certificate, the certificate shall not be granted.
a. The home occupation certificate holder may appeal the denial or revocation of a home occupation certificate as described in 5.01.100. 5.02.210(B)(1).
4. An inspection by the Building Inspector may be required prior to the issuance of the certificate.
B. Renewals Review and/or revocation of the home occupation certificate shall occur:
1. Upon receipt of written notification from any property owner, whose approval is required by Section 5.02.210(A)(3), that their approval has been revoked, will result in a review of the certificate.
2. 1. Upon receipt of written notification from any two property owners, whose approval is required by Section 5.02.210(A)(3), the certificate shall be revoked request for revocation from any two property owners whose approval is required in 5.02.210(A)(3) a hearing shall be held by the Board of Adjustment. The finding of the Board of Adjustment shall be presented to the City Commission and, unless a majority of the City Commissioners disagree, shall become binding sixty (60) days after presentation to the City Commission.
a. The home occupation certificate holder may appeal the denial or revocation of a home occupation certificate as described in 5.01.100.
3. 2. Upon verification of any violation of this Chapter, the City shall review the certificate in question. Upon the finding that the home occupation is no longer compatible with the neighborhood, the verification and verifying that a violation exists, the said home occupation certificate shall be revoked.
Additionally, that existing home occupations, licensed by either the State of Montana, United States Government or the City of Great Falls, shall not be required to fulfill the requirements for the neighborhood preapproval as outlined as 5.02.210(A)(3).
Commissioner Gilbert stated that the goal of the home occupation ordinance is to allow people to have home occupations when they don’t infringe upon the character of the neighborhood. He added that this can be a very thin line, and the attempt of the Commission is to recognize the reality of home occupations but protect the neighborhood as well. Additionally, the Commission wanted to protect existing home occupations which is the reason he added the “grand fathering” clause in his motion.
Edward Shultz, 2520 5th Avenue North, requested that only adjacent property owners of a proposed home occupation be asked to approve the proposed use of the home. He added his neighbor has a home occupation and that the yard is full of items from the home occupation and it looks terrible. Cheryl Patton, Community Development Director stated she would look into the situation.
Motion carried 5-0.
The recodification of Title 5 provides for the premise permit and license fees to be set by resolution. Most of the proposed license or permit fees would not change, and other proposed fees have not changed in over eight years.
Staff proposed several modifications to the resolution between the time the City Commission set the public hearing and the public hearing itself. Those modifications include:
On November 21, 1995, the City Commission postponed action on Resolution 8762 until December 5, 1995, in order for the Commission to have additional time to consider the proposed fee schedule and amendments.
Tim Magee, Finance Director, stated that the Commission received a document which included information as to how the safety inspection certificate fee structure was established. He added that Staff proposed a fee structure that was based on the cost of providing the safety inspection service. He asked that the document be incorporated into the official records for future reference.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission adopt Resolution 8762 with the following amendments: That Section 3.A.2 - Certificate Fees for Renewals read Tier 1 - 0 to 2,000 sq ft and including all IRS Recognized non-profit organizations be set at $35.00; Tier 2 - 2,001 to 10,000 sq ft be set at $55.00; that Tier 4 - over 25,000 sq ft be set at $115 and that Tier 5 be eliminated. Additionally, for 3.A.1 Certificate Fees for New Issuances, that Tier 5 - Churches, be eliminated and Tier 1 include all IRS Recognized non-profit organizations; and finally that 3.B.2 - Home Occupation Renewals be set at $25.00.
Commissioner Deming moved that Commissioner Gilbert’s motion be amended to include the following change, that the fee for coin-operated devices depicting sexual activity be changed from $300 to $500 per machine. The motion died for lack of a second.
Commissioner Gilbert stated there was some concern regarding the fee level for businesses with all-beverage and beer/wine licenses. He suggested that this fee could be revisited at the next Commission meeting if Chief Jones thought the fee was unjustified.
Mayor Morris asked Staff to explain the “relocation” fee. Cheryl Patton, Community Development Director, stated that when a business relocates to a new premise, the premise would require an initial safety inspection. She added that the safety inspection fee is based on the premise occupied and not the business itself.
Clayton Braden, 2708 4th Avenue NW, suggested the term “home occupation” be amended to be “home business occupation.” He stated that “home occupation” could imply that anyone occupying a residence could be required to obtain a safety inspection certificate. Additionally, Mr. Braden recommended that the fee structure be based on the value of goods sold from a business rather than the square footage.
Deborah Oard, 3600 7th Avenue South, asked that the Commission not only have a fee for each coin operated device depicting sexual activity, but to mandate that the doors be removed and that the walls for these devices be solid. She stated that these devices are currently a health hazard.
City Manager, John Lawton, stated that he has directed a small staff working group to make recommendations to the City Commission regarding obscenity and pornography and that these recommendations would be available in the near future. He added, that this working group attended a conference in Great Falls that addressed these subjects and were aware of possible ordinance changes that would address pornography and obscenity.
Linda Madsen, 1401 5th Avenue South, asked if the fee structure for the coin-operated devices would be revisited in the Staff recommendation. City Manager, John Lawton stated that it could.
There being no further discussion, Mayor Morris called for the vote, motion carried 5-0.
On November 21, 1995, the City Commission adopted Ordinances 2672 and 2675 which incorporated a “Premise Permit” and “Special License” system in place of the business licenses previously issued by the City. The City Commission postponed action on Ordinance 2674 which was the ordinance requiring businesses to obtain either a premise permit or home occupation permit, whichever was applicable.
Following the November 21st meeting, Staff met to discuss options to resolve the concerns brought forth during the public testimony. One of the primary concerns from religious organizations was the use of the word “permit.” After discussing the concerns, Staff proposes the Commission consider Ordinance 2701 which replaces the word “ premise permit” with the word “safety inspection certificate.” Staff feels that the phrase “ safety inspection certificate” is more accurate and constructive and can be used in a variety of positive “community safety ” campaigns. Exhibit A of Ordinance 2701, outlines the necessary language changes for this word substitution to take place.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission accept Ordinance 2701 on first reading.
Motion carried 5-0.
If approved on final reading, Ordinance 2699 will rezone Parcel Mark N. 113, Community Hall Addition from its present Suburban Residence Use, “A” Area District to “B” Residence Use, “B” Area District. The property is located at 819 14th Street SW. The purpose of the rezoning is to allow placement of a second dwelling unit on the involved property.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2699 on first reading and set 7:00 p.m., January 2, 1996, as the date for the public hearing and final reading.
Motion carried 5-0.
If approved on final reading, Ordinance 2700 will rezone Lot 24, Block 7, First Bloomingdale Addition, from its present “A” Residence Use District to “MH” Mobile Home Residence Use District. The property is located at 1501 6th Avenue NW. The purpose of the rezoning is to allow placement of a mobile home on the involved property.
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2700 on first reading and set 7:00 p.m., January 2, 1996, as the date for the public hearing and final reading.
Motion carried 5-0.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed.
Commissioner Gilbert stated that the contract renewal for the operation of the Waste Water Treatment will result in significant cost savings for the City. He congratulated Staff for working to reduce costs.
Motion carried 5-0.
The terms for Steven Hudspeth and Steven Potts on the Regional Airport Authority Board expire December 31, 1995, therefore it was necessary for the Commission to make appointments to this Board. Both appointees were interested and eligible for reappointment.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission reappoint Steven Hudspeth and Steven Potts to the Regional Airport Authority for a three year term beginning January 1, 1996, and expiring December 31, 1998.
Motion carried 5-0.
Cal Ryder’s term on the Cascade County Conservation District Board expires December 31, 1995. Therefore, it was necessary for the City Commission to make an appointment to this Board. Mr. Ryder would not normally be eligible for reappointment according to the City Commission’s policy because he has completed three three-year terms. Rod Pribyl, Chairman of the Cascade County Conservation District recommended that Mr. Ryder be reappointed due to his extensive knowledge and experience.
Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission waive the appointment policy and reappoint Cal Ryder to the Cascade County Conservation District Board for a three year term beginning January 1, 1996 and expiring December 31, 1998.
Motion carried 5-0.
Terms for Richard Keen and Joy Hamlett on the City-County Planning Board expire December 31, 1995. Therefore, it was necessary for the City Commission to make appointments to this Board. Neither Mr. Keen or Ms. Hamlett were interested in reappointment to this Board.
Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission appoint Marva Hoard and Douglas Ormseth, to the City-County Planning Board for two-year terms as “official” members, beginning January 1, 1996 and expiring December 31, 1997.
Motion carried 5-0.
Derek French submitted a letter of resignation from the Parking Advisory Commission, therefore, it was necessary to make an appointment to this Board.
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission appoint Mary Glynn to the Parking Advisory Commission for a three year term beginning January 1, 1996 and expiring April 30, 1998.
Motion carried 5-0.
No reports or announcements.
No reports or announcements.
There being no further business to come before the Commission, the regular meeting of December 5, 1995, adjourned at 9:11 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk