Commission Minutes Dec 1, 1998

CTA Architects Engineers completed the draft of the Wadsworth Park Master Plan and on September 15, 1998, the City Commission held a public hearing regarding it. At the public hearing, several groups of users spoke in opposition to the Plan.

The City Commission did not take action on the Plan in order to give them time to consider the testimony provided. In consideration of the issues pertaining the Great Falls Water Ski Club, the Skeet Club and the compatibility of the Archery Club and the Paintball Clubs, the City Commission recommended the following amendments to the Master Plan.

Change the sentence that reads: "Eventually, the lease (expires September 5, 2000) held by the Great Falls....as the park develops..." to "After the current lease expires, a lease would be granted annually, at the sole discretion of the City."

And insert the following: "Under the current lease and any subsequent renewals, the Club and the City would mutually determine and agree upon specific days and hours that Club usage would be allowed on Wadsworth Lake."

Insert the following: "The Sun River Skeet Club will be allowed to continue their existing lease (expires September 5, 2000) and if requested, will grant a three (3) year extension. After that time, a lease could be granted annually, at the discretion of the City."

Additionally, insert the following: "As a condition of the current lease and any subsequent renewals, the Club agrees to remove, relocate, or reorient, the northern most skeet station (located nearest the Sun River dike) on or before July 1, 1999. If it is reorientated and upon advance notification, the City would allow use of this station on special occasions provided that the area across the dike affected by shot fall is posted."

In the section labeled "Justification" the following was recommended to be inserted: "When the time comes for this move, the City will put forth its best efforts to assist with relocation, including financial and/or in-kind services. Ideally, a new shooting sports complex, established with City assistance, should be considered."

Insert the following: "Note: Although consideration was given to this location for paintball games, the Master Plan does not recommend such use. The City, realizing that paintball is a recreational activity engaged in by residents, is committed to work with paintball organizations to find a suitable location for such activities."

Commissioner Gray moved, seconded by Commissioners Beecher and Downer, that the City Commission adopt Resolution 8973, Wadsworth Park Master Plan, with the following amendments:

Page 27, Great Falls Water Ski Club.

Page 33, Lease Recommendations.

Recreational Uses - Archery.

Mayor Bennett asked if there was any one in the audience who wanted to address the City Commission regarding this issue.

Dianne McDermond, 3805 4th Avenue South, stated she was concerned about the possibility for annual renewals for the Skeet Club and Water Ski Club leases. She said there needed to be an endpoint to these leases or other development proposals would not occur due to the conflicts. She added that the annual renewals enabled the foot dragging the community has experienced by the Skeet Club for the past 16 years. She requested that the annual renewal clauses of the amendments be excluded.

Tyler Mooney, 1133 20th Avenue SW, stated that the Water Ski Club activities were good for the lake habitat and encouraged the City Commission to continue the Water Ski Club's lease.

Roy Patte, 3913 Wilkenson Lane, stated there was a lot of erosion on the shores of the lake due, in part, to the water skiing activities allowed on the lake. He concurred with Ms. McDermond's comments regarding the annual renewal options for the leases for the Skeet and Water Ski Clubs.

Bill Reed, 3905 11th Avenue South, stated that the amendments provided for annual renewal of the leases at the sole discretion of the City. Therefore, if development opportunities presented themselves, the City Commission could respond and take advantage of the opportunities. He added, at the same time, the two Clubs would still be allowed to use the Park until development occurs.

Commissioner Gray stated he understood the points that Ms. McDermond made. However, he concurred with Mr. Reed in that the lease extensions were at the sole discretion of the City. He added that the Master Plan will move the City into a direction in the next three or four years, of recognizing there are other user groups who have interest in Wadsworth Park. All this Commission was doing through these amendments, was telling the Skeet and Water Ski Clubs that they are at risk and could not rely on using Wadsworth Park in the future.

There being no further discussion, the Mayor called for the vote. Motion carried 5-0.

	PUBLIC HEARINGS
Ord. 2748, Uniform Building Codes. Adopted.	1. ORDINANCE 2748, AMENDING UNIFORM CODES PERTAINING TO OCCGF TITLE 15. Administrative Rules of the State of Montana require that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. Ordinance 2748 was prepared to comply with this administrative rule. Mayor Bennett declared the public hearing open. No one appeared to speak in support of Ordinance 2748. Clayton M. Braden, 2708 4th Avenue NW, asked if poly-butane pipe for water systems was removed from the plumbing code. Jeff Jenkins, Building Inspector, stated it was. There being no one further to address the City Commission, Mayor Bennett closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2748. Motion carried 5-0.
Res. 8983, Cost Recovery GF 6th Add, B546, L1-2. Denied.	2. RESOLUTION 8983, COST RECOVERY, GF 6TH ADD, BLOCK 546, LOTS 1-2. Richard W. Grilley, c/o Len Reed, owner of the property located at 505, 507 and 509 5th Street SW, was issued a Notice to Abate a Dangerous Building on January 12, 1998. The property ownerdid not repair nor demolish said buildings. Through a bidding process, Austin Reid Demolition was hired to complete the demolition for the amount of $6,900. The total cost for the abatement totaled $7,250.39. At the November 17, 1998, Commission meeting, Staff requested that the City Commission continue the public hearing for two weeks in order to give them an opportunity to meet with the property owners. Cheryl Patton, Community Development Director, stated that these meetings may change Staff's recommendation regarding the cost recovery. Mayor Bennett requested Cheryl Patton, Community Development Director, to update the Commission on what transpired during the past two weeks. Ms. Patton stated that the property owner did meet with Staff and has satisfied the responsibility for this obligation. Therefore, Staff recommended that the City Commission deny the resolution. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8983. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission deny Resolution 8983. Motion carried 5-0.
	OLD BUSINESS
Res. 8973, Wadsworth Park Master Plan (OF 1202). Adopted as amended.	3. RESOLUTION 8973, WADSWORTH PARK MASTER PLAN (OF 1202). CTA Architects Engineers completed the draft of the Wadsworth Park Master Plan and on September 15, 1998, the City Commission held a public hearing regarding it. At the public hearing, several groups of users spoke in opposition to the Plan. The City Commission did not take action on the Plan in order to give them time to consider the testimony provided. In consideration of the issues pertaining the Great Falls Water Ski Club, the Skeet Club and the compatibility of the Archery Club and the Paintball Clubs, the City Commission recommended the following amendments to the Master Plan. 1. Page 27, Great Falls Water Ski Club. Change the sentence that reads: "Eventually, the lease (expires September 5, 2000) held by the Great Falls....as the park develops..." to "After the current lease expires, a lease would be granted annually, at the sole discretion of the City." And insert the following: "Under the current lease and any subsequent renewals, the Club and the City would mutually determine and agree upon specific days and hours that Club usage would be allowed on Wadsworth Lake." 2. Page 33, Lease Recommendations. Insert the following: "The Sun River Skeet Club will be allowed to continue their existing lease (expires September 5, 2000) and if requested, will grant a three (3) year extension. After that time, a lease could be granted annually, at the discretion of the City." Additionally, insert the following: "As a condition of the current lease and any subsequent renewals, the Club agrees to remove, relocate, or reorient, the northern most skeet station (located nearest the Sun River dike) on or before July 1, 1999. If it is reorientated and upon advance notification, the City would allow use of this station on special occasions provided that the area across the dike affected by shot fall is posted." In the section labeled "Justification" the following was recommended to be inserted: "When the time comes for this move, the City will put forth its best efforts to assist with relocation, including financial and/or in-kind services. Ideally, a new shooting sports complex, established with City assistance, should be considered." 3. Recreational Uses - Archery. Insert the following: "Note: Although consideration was given to this location for paintball games, the Master Plan does not recommend such use. The City, realizing that paintball is a recreational activity engaged in by residents, is committed to work with paintball organizations to find a suitable location for such activities." Commissioner Gray moved, seconded by Commissioners Beecher and Downer, that the City Commission adopt Resolution 8973, Wadsworth Park Master Plan, with the following amendments: 1. Page 27, Great Falls Water Ski Club. Change the sentence that reads: "Eventually, the lease (expires September 5, 2000) held by the Great Falls....as the park develops..." to "After the current lease expires, a lease would be granted annually, at the sole discretion of the City." And insert the following: "Under the current lease and any subsequent renewals, the Club and the City would mutually determine and agree upon specific days and hours that Club usage would be allowed on Wadsworth Lake." 2. Page 33, Lease Recommendations. Insert the following: "The Sun River Skeet Club will be allowed to continue their existing lease (expires September 5, 2000) and if requested, will grant a three (3) year extension. After that time, a lease could be granted annually, at the discretion of the City." Additionally, insert the following: "As a condition of the current lease and any subsequent renewals, the Club agrees to remove, relocate, or reorient, the northern most skeet station (located nearest the Sun River dike) on or before July 1, 1999. If it is reorientated and upon advance notification, the City would allow use of this station on special occasions provided that the area across the dike affected by shot fall is posted." In the section labeled "Justification" the following was recommended to be inserted: "When the time comes for this move, the City will put forth its best efforts to assist with relocation, including financial and/or in-kind services. Ideally, a new shooting sports complex, established with City assistance, should be considered." 3. Recreational Uses - Archery. Insert the following: "Note: Although consideration was given to this location for paintball games, the Master Plan does not recommend such use. The City, realizing that paintball is a recreational activity engaged in by residents, is committed to work with paintball organizations to find a suitable location for such activities." Mayor Bennett asked if there was any one in the audience who wanted to address the City Commission regarding this issue. Dianne McDermond, 3805 4th Avenue South, stated she was concerned about the possibility for annual renewals for the Skeet Club and Water Ski Club leases. She said there needed to be an endpoint to these leases or other development proposals would not occur due to the conflicts. She added that the annual renewals enabled the foot dragging the community has experienced by the Skeet Club for the past 16 years. She requested that the annual renewal clauses of the amendments be excluded. Gracia Hilde, unknown address, concurred with Ms. McDermond's statements. Tyler Mooney, 1133 20th Avenue SW, stated that the Water Ski Club activities were good for the lake habitat and encouraged the City Commission to continue the Water Ski Club's lease. Casey York, 3204 Meadowwood, concurred with Mr. Mooney. Roy Patte, 3913 Wilkenson Lane, stated there was a lot of erosion on the shores of the lake due, in part, to the water skiing activities allowed on the lake. He concurred with Ms. McDermond's comments regarding the annual renewal options for the leases for the Skeet and Water Ski Clubs. Bill Reed, 3905 11th Avenue South, stated that the amendments provided for annual renewal of the leases at the sole discretion of the City. Therefore, if development opportunities presented themselves, the City Commission could respond and take advantage of the opportunities. He added, at the same time, the two Clubs would still be allowed to use the Park until development occurs. Commissioner Gray stated he understood the points that Ms. McDermond made. However, he concurred with Mr. Reed in that the lease extensions were at the sole discretion of the City. He added that the Master Plan will move the City into a direction in the next three or four years, of recognizing there are other user groups who have interest in Wadsworth Park. All this Commission was doing through these amendments, was telling the Skeet and Water Ski Clubs that they are at risk and could not rely on using Wadsworth Park in the future. There being no further discussion, the Mayor called for the vote. Motion carried 5-0.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Res. 8982, Off-Street Parking Rate. Adopted.	4. RESOLUTION 8982, OFF-STREET PARKING RATE INCREASE. The Community Development Department, along with the Parking Advisory Commission studied the existing monthly off-street lot lease rates in an effort to determine if the rates should be increased. Based on current usage levels, it was recommended that present lease charges at four of the off-street parking facilities be raised effective January 1, 1999. The primary purpose for increasing the lease rates were: 1) increase actual revenue at a time when demand was strong with an overall occupancy rate of over 90%; and 2) generate a stronger parking revenue history to allow for improved opportunities to finance future parking facility improvements as needed. Joe LaForest, Parking Technician, reviewed the rate increases as follows: 1) Reaffirm the $10 per delinquent ticket administrative fee; 2) establish a $25/month lease rate on Lot 7 (Park Drive and First Avenue South); 3) establish a $25/month lease rate on Lot 8 (First Avenue North between 3rd and 4th Streets North; and 4) approve the following increases: a $4 increase on Lot 2 (First Avenue South and Second Street South) to $22/month; a $4 increase on Lot 3 (Second Avenue South and Fourth Street South) to $22/month; a $4 increase on Lot 4 (Sixth Street and First Avenue North) to $22/month; and a $3 increase in the Parking Ramp to $30/month. The City Attorney reviewed the recommended rate increases and contended that the Commission could adopt Resolution 8982 without violating CI-75 requirements. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8982. Clayton Braden, stated he did not agree that the City Commission charge a $10 administrative fee for delinquent fines. He suggested that since the $10 fee was a new fee it should be brought to the vote of the public because of CI-75. Cheryl Patton, Community Development Director, stated that the $10 administrative fee was not new it had been in effect for a number of months and the Commission action would be an affirmation of the fee. Motion carried 5-0.
Res. 8987, Division Add. Annexation and Minor Plat. Tabled.	5. RESOLUTION 8987, ANNEXATION AND MINOR PLAT & IMPROVEMENTS AGREEMENT FOR DIVISION ADDITION. Apollo Enterprises submitted a request for approval of a minor plat entitled Division Addition and to annex a lot contained therein. Great Falls Clinic developed plans to construct a 9,000 square foot medical office building and Lot 2 would be retained by Apollo Enterprises. The Minor Plat of Division Addition is a two lot subdivision covering 15.85 acres of undeveloped land along the west side of Division Road between 16th Avenue Northwest and Smelter Avenue. Resolution 8987 would annex the smaller Lot 1 (1.151 acres) in the subdivision. The Planning Board, during a meeting held November 10, 1998, adopted a motion recommending the City Commission approve the Minor Plat of Division Addition and that the City Commission annex Lot 1, Block 1, as a conditional use under "C" Residential Use, "C" Area District zoning classification. Commissioner Gray moved, seconded by Commissioners Beecher and Downer, that the City Commission table Resolution 8982. Bob Horne, City/County Planning Director, reiterated that Apollo Enterprises and the Great Falls Clinic petitioned for the annexation of Division Addition, which consisted of 1.151 acres. He added that upon annexation, the property would be subject to the following "taxes" as was defined by CI-75: 1) Storm Sewer Fee of $287.75 ($250/acre); 2) County property tax assessment, which would be more than it was currently on the subject property because the property would be platted as a lot; 3) City property tax; and 4) Street Maintenance Assessment. Mr. Horne further stated that as he understood CI-75, all these items constituted a "tax extended to a geographic area not formerly subject to the tax." Therefore, these "taxes" could not be collected or even levied until they were approved by a majority of the electors within the geographic area of the subject property. Mr. Horne said that Apollo Enterprises and the Great Falls Clinic had met all other State statutes and City ordinances required for annexation into the City and the only issue that prevented the City Commission from approving this annexation was CI-75. Dave Gliko, City Attorney, reported that, if adopted, Resolution 8987 would annex approximately 1.1 acres into the City. Such an annexation would immediately and automatically trigger the application of new taxes, assessments and service charges within the annexed area. Such revenues fall within the definitions in CI-75 of a "new tax" and "tax increase." Mr. Gliko reminded the Commission that CI-75 mandates that "no new tax or tax increase may be enacted unless first approved by a majority of the electors voting on the measure in the geographic areas subject to the tax." Therefore, it was his opinion that before the City Commission could validly adopt a resolution of annexation, the "taxes" defined by CI-75 must first be "approved by the majority of the electors in the geographic area subject to the tax." Mr. Gliko continued, stating that CI-75 also provides that "each ballot issue shall encompass only a single tax and shall not encompass a general waiver or delegation of approval authority for future taxing power." He concluded that it appeared that each of the new revenue sources created by the annexation must be a separate ballot issue. Commissioner Gray stated that while it was clear that the petitioners, Apollo Enterprises and the Great Falls Clinic, had satisfied all legal, technical, and procedural requirements of the State of Montana and the City of Great Falls with respect to their petition for annexation, and that this petition and accompanying minor plat had the unanimous recommendation of the City/County Planning Board, and that the proposed development would be a welcome and beneficial addition to the City, he made the motion to table action until such a time that a vote on all new taxes resulting from the annexation could be held by the electorate within the area to be taxed, pursuant to CI-75, or until such a time as the issue of the City being able to impose such taxes on newly annexed areas which are petitioned by 100% of the property owners, with full knowledge and acceptance of these taxes, could be resolve by the courts, the legislature, or through other means. Commissioner Gray added that this was an entirely voluntary transaction by Apollo Enterprises and the Great Falls Clinic. This was a self-imposed annexation. The parties wanted the annexation to occur. This annexation would benefit the citizens of Great Falls in many ways. However, this annexation was stymied by CI-75. He explained that if you take this voluntary transaction and overlay CI-75 on top of it, the result was that growth would be stymied. Commissioner Beecher concurred with Commissioner Gray. He reiterated that the proponents of CI-75 declared that it would enhance economic growth and this annexation is an example that just the opposite would happen. He added that there are three casualties to the delay of this simple annexation request. The casualties are: 1) the loss of additional construction in Great Falls; 2) the Clinic will have to pay additional costs for the construction of the facility due to the delays; and 3) the citizens of Great Falls are a casualty because the tax base will not grow. Commissioner Downer stated that he was a strong proponent of economic development. However, CI-75 will only hamper economic development in our area. He added that the expansion of the Clinic would have brought better medical service to a population area that needed it. Mayor Bennett stated that the mischief of CI-75 will be on-going until decisions are made and until that time a lot of staff time will be spent processing these types of requests, which will only be tabled. There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 6. Minutes, November 17, 1998, Commissioner meeting. 7. Total Expenditures of $720,678 for the period of November 16-23, 1998, to include claims over $500 in the amount of $685,235. 8. Contracts List. 9. Expenditure List, Historic 10th Street Bridge Project (OF 979). 10. Adopt Resolution 8986, Intent to Annex 36th Avenue NE (NRT 6th and T21N R3E Section 36). Annexes an unincorporated portion of 36th Avenue NE between 9th Northeast and the Bootlegger Trail. Adoption of Resolution 8986, set the public hearing for January 5, 1999. 11. Accept Ordinance 2745, Amending Title 5 (Special License and Safety Inspection Certificate Procedures). Accept Ordinance 2745 on first reading and set the final reading for December 15, 1998. 12. Award Proposal, Four Seasons Sound System. Awarded proposal to Audio Video Solutions in the total amount of $38,493. 13. Final Payment, 1997 Sewer Rehabilitation Program, Phase V, Dig and Replace (OF 1174). Final Payment to United Materials and the State Miscellaneous in the amount of $78,279.30. 14. Change Order 1, Water Treatment Plant Structural and Piping Modification (OF 1177). Change Order 1, in the amount of $5,722.47 for additional modifications, repairs, labor and materials necessary to the project. 15. Change Order 2, Charles Russell Addition Outfall Drainage/Erosion Improvements (OF 1118). Change Order 2 to Shumaker Trucking for additional earth work and erosion control in the amount of $32,931 plus an additional 10 days. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Consent Agenda as printed. Motion carried 5-0.
	BOARDS/COMMISSIONS
Great Falls Transit District Board. Appoint Bellessa.	16. APPOINTMENT, GREAT FALLS TRANSIT DISTRICT BOARD. Jim Meade's term expired on November 30, 1998. Mr. Meade was not eligible for reappointment. Therefore, it was necessary to make an appointment to this Board. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission appoint James Bellessa to the Great Falls Transit District Board for a four-year term beginning December 1, 1998, and ending November 30, 2002. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
NC #9	17. Joe McMahon, Neighborhood Council 9, thanked Jerry Sepich, Park and Recreation Director, for attending the October and November Council 9 meetings.
	CITY MANAGER
CI-75 and Annexations	18. John Lawton, City Manager, stated he wanted to offer and additional perspective on CI-75 and annexations. He explained that most large developments require annexation. He cited the Ethanol Plant as an example. He added that for those who observed that CI-75 would hinder growth, development and the creation of new jobs, were right. He added that there were three basic scenarios as to how this annexation issue would get resolved. The first scenario was that CI-75 could be invalidated by some legal action that was being contemplated. He stated that if this scenario played out, it could take several months. The second scenario was for the court to clarify the requirements for annexations. He added to do this someone would have to bring an action to court. He concluded stating that this scenario, if it played out, could take several months as well. And, the third, was through an election. However, he added that there was still a lot of uncertainty regarding this scenario. He concluded stating that this issue will be resolved, however, he didn't know which of the three scenarios will be used.
	PETITIONS AND COMMUNICATIONS
CI-75 Citizen Comments.	20. Clayton M. Braden, 2708 4th Avenue NW, suggested that a simple way for the City Commission to meet the requirements of CI-75 is for them not to raise taxes or fees. Commissioner Gray suggested that Mr. Braden didn't hear the arguments presented tonight as to the complexity of CI-75 and how it impacted day-to-day decisions such as annexations.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of December 1, 1998, adjourned at 7:12 p.m.

JOURNAL OF COMMISSION PROCEEDINGSDECEMBER 1, 1998

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ADJOURNMENT

JOURNAL OF COMMISSION PROCEEDINGS
DECEMBER 1, 1998