PUBLIC HEARINGS

Staff reported that Resolution 9288 would annex Skyline Heights Addition, 5th Supplement, consisting of 10 single-family residential lots and dedicated segments of 35th Avenue Northeast and 11th Street Northeast. The segments of 35th Avenue Northeast and 11th Street Northeast abutting lots in the subdivision would contain water and sanitary sewer mains, paving, curb and gutter to City specifications.

Surface drainage from the subdivision would be directed south to Skyline Heights Park where it would be collected in a storm sewer system that runs south to and through the City Shop Complex to 25th Avenue Northeast.

Ordinance 2838 would assign a zoning classification of "A" Residence Use, "A" Area District, to 5th Supplement to Skyline Heights Addition.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9288 or Ordinance 2838. Mayor Gray closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9283 and approve the final plat, annexation and improvements agreement and easement for 5th Supplement to Skyline Heights Addition.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Ordinance 2838.

Motion carried 5-0.
 

Benefis Healthcare, through the architectural firm of L'Heureux, Page, Werner, P.C., submitted an application for a conditional use permit to allow construction of a building to accommodate Spectrum Medical, Inc., and a separate office building for Benefis Healthcare Foundation on the northerly portion of Lot 2, Block 1, Robinson Addition, located at the southeast corner of the intersection of 11th Avenue South and 29th Street. Resolution 9283 was drafted to facilitate the conditional use process.

The Planning Board held a public hearing on the request for conditional use on December 10, 2002. Ryan Smith of L'Heureux, Page, Werner, P.C., and Rick Bourne, CEO of Spectrum Medical, Inc., spoke as proponents. No opponents spoke during the hearing, nor had the Planning Office received any written public comment on the conditional use to date.

Mayor Gray declared the public hearing open. No one appeared to speak in opposition to Resolution 9283. Ryan Smith of L'Heureux, Page, Werner, P.C., and Rick Bourne, CEO of Spectrum Medical, Inc., spoke as proponents. There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9283 and approve the accompanying agreement.

Motion carried 5-0.
 

City Manager John Lawton explained that City staff requested the City Commission rezone the lot in question. He highlighted the reasons why as follows: that currently the lot in question was zoned Local Business (LB); it has a variance dating back to the 1960s allowing on-premise alcohol; the variance legally runs with the land; since then, gambling has been allowed by the State on properties with a liquor license and that the City has allowed gambling where there is a liquor license; the "LB" zone does not allow on-premise liquor or gambling, but the variance controls the liquor consumption element on the subject property; the City told the new property owners, Town Pump, that gambling would be allowed by past practices and therefore requested the rezoning to legitimizing the way the property had been used while at the same time avoiding liability. Mr. Lawton added that the City Attorney, and independent counsel, advised City staff that this was the best solution for the situation.

Mr. Lawton advised that staff recommended amending the ordinance to limit the allowed uses on the property to the uses allowed in Local Business plus gambling and alcohol. He summarized that the zone change proposal was from "LB" or Local Business with variance for liquor to "GC" or General Commercial with staff recommended limitations as to uses, realizing a net effect of adding gambling to the property only.

Mr. Lawton stated that during the past month, he and City staff have met with the neighbors. He explained that in these meetings several concerns were raised and he wanted to address those concerns. He said that Staff initiated a traffic study of the entire area in which a draft was due in late February. He explained that the neighborhood will be asked for input once the draft is available.

• Staff arranged for Town Pump to meet with neighborhood representatives to discuss and modify aesthetics, lighting, landscaping, access and signage. He added that based on their discussions, Town Pump made substantial modifications to their design to address the neighborhood concerns.
• Staff initiated a process to revise zoning laws, administration and information systems.
• Staff proposed a moratorium on gambling establishments and sexually orientated businesses pending zoning revisions. Mr. Lawton explained that a Moratorium Ordinance was added to tonight's agenda.
• Lastly, Staff was recommending to deny the rezoning for Foxy's and Heritage Inn because Staff could not obtain an agreement from them with the General Commercial limitations.

Mr. Lawton concluded stating that City Staff recommended the City Commission approve the rezoning for the Town Pump property to General Commercial with limitations on use. The property owner agreed to those limits.

He reminded Commission that the Planning Board recommended denial of the rezoning request because they could not make the findings with the twelve criteria and guidelines cited in Section 76-2-304 MCA. Mr. Lawton stated that his staff, provided the City Commission a separate recommendation and review of the 12 zoning criteria which demonstrated the criteria were met. Staff also suggested an amended motion which limited the General Commercial zoning that property was allowed in Local Business plus gambling and alcohol.

Mayor Gray declared the public hearing open. The following spoke in support of Ordinance 2835. Tom Richardson, legal counsel for Town Pump, stated that during the past few months, Town Pump representatives have met with and listened to the concerns of the neighborhood regarding traffic and aesthetics to the building. He explained that based on these concerns, Town Pump would pay a proportionate share of a traffic study and the improvements recommended. He said that changes to the structure of the building included a gabled roof; there would be no "backside" to the building, that all four sides would be finished; that the amount of landscaping surpassed the City requirements; that they eliminated the installation of a high-rise sign; a 6 foot fence would be constructed on one side of the building; they would eliminate the use of neon signage; there would be no signage on south side of the building; and the exterior lot lighting would be focused downward onto the lot rather than out of the lot. He concluded that it was Town Pump's intention to be a good corporate citizen in Great Falls.

The following spoke in opposition to Ordinance 2835.

Randy Kuiper, 3328 Eagle Court, representative from Neighborhood Council 1, thanked City staff for their assistance in dealing with this issue positively. He stated that Neighborhood Council 1 passed a resolution opposing the rezoning and urged the City Commission to follow the Planning Board's recommendation on this issue.

Harvey Lowthian, 804 Coyote Court, expressed concern about the procedure to facilitate the requested rezoning. He suggested this was spot and contract zoning which would result in solving one problem while creating another.

Sue Ann Strickland, 609 2nd Avenue SW, Neighborhood Council 2, stated that the Council also adopted a resolution opposing the rezoning and urged the City Commission to follow the Planning Board's recommendation. She added that 19 people signed a petition agreeing with the resolution. She encouraged the Commission to consider the wishes of the Neighborhood Councils and the people.

Bob Thomson, 2724 Delmar Drive, stated he opposed the zone change. He added that he was concerned with the lack of planning and that 9 of the 12 criteria for a zone change had to be answered in the negative - which in this case did not occur. He suggested that this was spot zoning and the Planning Board recognized that and voted against it. He urged the City Commission to listen to their constituents and the outcry of opposition to this proposed rezoning. He asked the City Commission to develop an access management plan from 10th Avenue South to Alder Drive on Fox Farm Road and to address the traffic issues in the area.

Tom Gregori, 1026 Durango, concurred with the previous speakers. He added this was a situation where a study was underway that could impact the decision before the Commission this evening, yet, the Commission appeared to be unwilling to wait for all the information. He urged the Commission to deny the rezoning.

Gloria Smith, 8 Cheyenne Drive, reminded the Commission that their responsibility was not to bow down to corporate giants but rather to follow the zoning laws. She added that the decision tonight would set a precedent for the area and that there were several other businesses in this same situation that could request a zone change. She stated that this zone change could lead to more sexually orientated businesses in the area, casinos and bars. Ms. Smith stated she was concerned about the proposed contract because a contract was a private issue between two parties. She asked if the City had actually been threatened with a lawsuit, that she found it hard to believe that Town Pump would sue the City in which their customers came from. She suggested that Town Pump sue the title company instead. She asked the Commission to do the right thing and vote against the rezoning.

Jim Peterson, 1009 25th Avenue SW, stated he appreciated the moratorium ordinance as he was opposed to casinos and that the City did not need one more casino. He added that gambling led to poor economics and poor politics. He asked that the Commission turn the City back to the families and deny the addition of another casino in Great Falls. He then presented the Mayor with a jar of pickles symbolizing the "pickle" the Commission was in with this rezone request.

Kate McMahon, 2732 Evergreen, stated she was a professional City planner, and suggested that contract zoning was illegal in all States because it violated due process - contracts could be changed with out public involvement. She added that public interest was also an issue and the Commission needed to look out for the long term rather than the short term. She explained that the short term solution would solve a potential problem. However, the long term solution should be the best solution for the community. She said that she saw the situation as Town Pump receiving bad information from the City and now the neighborhood had to bear the consequences. She reminded the Commission of the 12 criteria set forth in State law that had to be met before a rezoning request could be granted. She said that "avoiding a lawsuit" was not one of the criteria. She asked the Commission to uphold the integrity of the zoning laws and to abide by the principles set forth.

Jack Dykstra, 3048 Delmar, stated that unfortunately an error was made however, regardless of the error, the Commission needed to uphold the existing zoning laws. He asked the Commission to do the right thing.

Kelly Cunnningham-Bowers, 3309 Coyote Lane, asked the City Commission to follow the community's will and do the right thing. She suggested that if there was a lawsuit to let the chips fall where they may.

Russ Kendall, 2801 Bonita, stated he appreciated the situation the City was in. However, this issue should not be resolved with spot zoning. He asked the Commission to avoid a quick "one-time-fix" and look toward the long term.

George Gallagher, City County Planning Board, asked why the City Commission was determined to have a casino in the Fox Farm triangle? He asked if a lawsuit had actually been threatened. He added that differences could be handled with negotiation rather than a lawsuit. He suggested that it would be in Town Pump's interest to resolve the issue in a manner other than litigation. He suggested that Town Pump's business was casinos not litigation. He suggested that the City Commission's business should be running a city not litigation. He asked the Commission to consider the testimony in favor of rejecting the zone change which came from citizens, neighborhood councils, planning staff and the entire planning board. He suggested that the City Commission disapprove the zone change; advise Town Pump immediately there would not be a casino on the property in question; take immediate steps to start negotiation with Town Pump; consider hiring an outside negotiator; direct the City to develop a listing of settlement requirements; establish a citizens panel to review and monitor; begin immediately to develop a master plan for the Triangle; and place a moratorium on further development in the area until the plan was completed.

Bill Bronson, City County Planning Board, explained that current recommendations by City Staff were not considered by Planning Board because they came afterward. He stated that as an attorney, he was concerned about the legality of contract zoning. He asked the Commission to assess the testimony carefully and that the action tonight would set a precedent. He explained that he did not want a precedent set that would make the duties of the Planning Board difficult to carry out. He concluded stating that he was less concerned abut litigation than setting a precedent.

Lana Keough, 2201 13th Street SW, pointed out that recently a special insert was in the Tribune paid for by the gambling industry and that in the insert an attorney was identified as supporting gambling who worked in the same firm that the special counsel that was hired by the City. Mayor Gray explained that was not a "conflict of interest."

Mary Dykstra, stated that 30 years ago the community was saying the same types of things about the operation of their local government that she was hearing today. She said the end result was a change in form of government. She asked that the Commission not forget they were representing their constituents and that the constituents have spoken out on this issue. She stated that Town Pump appears to have the attitude that nothing can stop them and that they will do what they want, when they want it. She stated that these types of corporations inflate the value of liquor licenses so that they are only affordable by big corporations building casinos and not by companies wanting to start up nice restaurants. She asked that the Commission support businesses where the profits would stay in the community and not sent to Butte Montana. She asked the Commission to heed the outcry of the neighbors and to be creative in resolving this issue.

Ben Forsyth, 900 9th Street South, stated that Montana Code Annotated 76-2-304 stipulates the criteria the Commission must use when approving a rezoning request. He added that this request did not pass the test. He stated that his research indicates that 10 to 17 crimes were committed per gambler which will mean with a new casino the crime rate will go up in Great Falls; he added that 5 people will commit suicide because of this new casino; that there will be an increase in domestic violence; that divorce and bankruptcy rates will increase. He added that a new gambling establishment may affect new missions coming into Malmstrom Air Force Base due to the threat of profit margins of all businesses due to an increase in white collar crime to fund gambling habits. He stated that according to statistics, for every $1 that comes back to a local government from the gambling industry, a $1.90 is spent on increased law enforcement and social services.

Kendra Owen, 1004 El Paso, stated that the community has had apathy towards the general operation of local government. She stated it took this issue to wake up the community and get them involved in their local government. She stated she wanted to thank the City staff for their work on this issue. She said that the community has a messy situation that needs to be resolved and she was concerned that the current zoning code was too broad resulting in the development of sexually orientated businesses on the property. She said that in her experience, casinos would cluster and there was the potential that 5 more casinos could open in that area. She suggested the Commission hire an attorney specializing in land use issues to help resolve this issue. She reported that City of Bozeman has a casino overlay that they use in determining where they as a community want casinos. She stated that if the Commission approves the zone change, the neighborhood will have to bear the consequences of the decision. She asked that everyone work together to solve this problem and to find another alternative solution.

There being no one further to address the City Commission, Mayor Gray closed the public hearing.

Commissioner Beecher asked if contract zoning was legal. City Attorney Dave Gliko stated that contract zoning hinges on due process which meant conducting a public hearing and allowing public comment on the contract. He asked, wasn't that what the Commission was doing now? He explained that the agreement proposed by Staff - if approved by the Commission - did not fix the zoning. Rather, it provided for Town Pump's consent to imposed restrictions on the use of the property. He clarified that the amended ordinance and the proposed agreement would eliminate all other uses allowed under "General Commercial" except that for consumption of alcohol and gambling. He added that the contest for contract zoning was it could compromise due process. However, in this case, community input was provided for.

Mayor Gray asked if Mr. Gliko was satisfied that the agreement would run with the property and all heirs/successors would be obligated to the terms of the agreement. Mr. Gliko replied he was satisfied.

City County Planning Director Bob Horne expressed that contract zoning was not the proper way of addressing this issue. He stated that the conditions must be conditions of record and incorporated into the zoning ordinance. He explained that a contract could be changed and that there was no guarantee that due process would be followed if the contract was to be changed.

Mr. Gliko stated that Staff proposed an alternative motion which would address Mr. Horne's concern.

Commissioner Rosenbaum stated that he would like another attorney's opinion on contract zoning in order to reach a better comfort zone with this issue.

Commissioner Hinz stated she preferred to vote on this issue this evening.

Commissioner Beecher concurred with Commissioner Rosenbaum.

Commissioner Jovick-Kuntz asked Mr. Richardson if Town Pump planned to operate a casino regardless if the Commission granted the rezoning. Mr. Richardson stated he would address that issue only if it occurred. He stated, however, there was precedence that would support them doing that.

Commissioner Jovick-Kuntz asked how many driveways Town Pump planned on Fox Farm. Mr. Richardson advised there would not be an entrance onto their property from Fox Farm Road. Mr. Richardson stated that previously there was no approach off of Fox Farm Road and that Town Pump would be adding one.

Mr. Richardson added that he asked the Crowley Law Firm to review the agreement proposed by City staff and they determined that the proposed agreement was legal. He added that this was not contract zoning. He explained that if Town Pump had requested the rezoning it would be different and that currently, the only way that restrictions could be imposed was if Town Pump agreed to them.

Commissioner Jovick-Kuntz asked who Town Pump bought their liquor license from. Mr. Richardson stated it was the Shamrock Bar which was slated to close.

Commissioner Hinz asked if Town Pump had a gaming license yet. Mr. Richardson stated they did not because the business had to be closer to opening before one was secured.

Mayor Gray asked Mr. Lawton if the City had been threatened by litigation. Mr. Lawton stated that Town Pump had not threatened per se. What has occurred were discussions between the Assistant City Manager Cheryl Patton and Town Pump regarding the City's liability if Town Pump's business plans were stopped. Mr. Lawton stated that the conversations, to date, have been civil discussions on liability,

Commissioner Rosenbaum stated that he was more comfortable after Mr. Richardson's comments.

Commissioner Jovick-Kuntz stated that this was a problem and that in her opinion there were too many casinos in Great Falls. She advised the audience members that the discussion on the number of casinos needed to take place in Helena with the legislators. She stated that if the Commission did not approve this rezoning then litigation would take place and it would be the citizens that would have to pay the consequences. She added that for the last three years the City Commission has asked the Planning staff to rewrite the zoning laws so this type of situation could be avoided. Yet, nothing has happened. She stated she would prefer to resolve this issue tonight.

Commissioner Hinz moved that the City Commission deny Ordinance 2835.

Motion failed for lack of a second.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission continue the public hearing for two weeks pending another legal opinion.

Commissioner Beecher stated that his biggest concerns were: 1) there will not be additional casinos in the Triangle now or in the future aside from what was considered tonight and 2) the proposed contract was valid. He stated that he would support the rezoning request if those two concerns were addressed. He stated that he supported the rezoning because in his opinion the outcome would simply be continuing an activity that has been there all along; that the traffic study was underway; and that the "Local Business" designation could result in a business that generated more traffic than the proposed Town Pump business would.

Mayor Gray suggested that another legal opinion may not be available in 2 weeks.

Commissioner Beecher stated that he would amend his motion. Commissioner Rosenbaum also asked if Commissioner Beecher's intent was to keep the public hearing open. Commissioner Beecher stated it was not. The motion was amended to read:

That the City Commission continue action on Ordinance 2835 for at least 2 weeks pending obtaining another legal opinion.

City Manager John Lawton stated that Staff would move as quickly as possible to retain qualified counsel and that he would ask the Commission to review the proposed questions that will be framed for the counsel to respond.

Mayor Gray stated that the tax on gambling was not enough in Montana and that its social impact was horrible. He added that was not the issue before the Commission right now. He also added that determining the number of casinos or the legality of casinos was not in this Commission's hands, it was in the hands of the legislature and the arguments heard tonight regarding gambling needed to be stated before the legislature.

Mayor Gray called for the vote. Motion carried 4-1 (Commissioner Hinz dissenting).
 

If adopted Ordinance 2836 would rezone Montana Addition, Block 1, Lot 2A, from "LB" Local Business District to "GC" General Commercial District. Subject property is occupied by the Country Club Express, addressed as 1608 Fox Farm Road, and consists of a convenience store, fueling station, car wash and Foxy's Casino.

Mayor Gray did not declare the public hearing open. He announced that City staff no longer supported this rezoning request due to the fact that the owners did not respond to the City's attempts to enter into an agreement in conjunction with the rezoning.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission vacate the public hearing and deny Ordinance 2836.

Motion carried 5-0.
 

If adopted, Ordinance 2837 would rezone Montana Addition, Block 1 Lots 2-7, from "LB" Local Business District to "GC" General Commercial District. Subject property is occupied by the Heritage Inn, addressed as 1700 Fox Farm Road, and includes 200+ motel rooms, a restaurant, the Max Casino, a gift shop and convention facilities.

Mayor Gray did not declare the public hearing open. He announced that City staff no longer supported this rezoning request due to the fact that the owners did not respond to the City's attempts to enter into an agreement in conjunction with the rezoning.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission vacate the public hearing and deny Ordinance 2837.

Motion carried 5-0.
 

OLD BUSINESS

NEW BUSINESS

Ordinance 2840 will rezone GF 1st Addition, Block 354, Lots 8-14, from Medium Density Residential (R-3) District to Low Density Business Limited (B-l-L) District. Golden Triangle Federal Credit Union has prepared plans to construct its main office and drive-up facility on subject vacant lots located between 14th and 15th Streets South along the north side of 1st Avenue South.

On January 14, 2003, the Planning Board conducted a public hearing on the plan amendment. During the hearing, Steve King, President of the Credit Union, explained the project and answered questions. No proponents or opponents spoke during the hearing. At the conclusion of the hearing, the Planning Board unanimously adopted a motion recommending the City Commission adopt Ordinance 2840 subject to the applicant complying with the following conditions:

• Development shall be substantially in accordance with the attached site plan.
• Install and maintain landscaping in accordance with a plan to be submitted to and approved by the City Forester.
• Aligning the two approaches to 1st Avenue South to minimize the impact of headlights from exiting vehicles on the existing residences across the avenue.
• Establishing an approximate 20 ft. x 100 ft. mutual access easement over the west end of vacated 1st Alley South.
• Limiting business signage to monument and wall signs.
• Design and install exterior lighting to prevent excessive illumination on public streets and neighboring residential property.

Tacked onto the motion was a provision that Staff verify whether or not a conditional use was necessary in conjunction with permitting the credit union and drive-up facility. After researching the regulations for the Revitalization Plan, staff determined that a conditional use was necessary for a drive-in banking facility in the High Density Business (B-3) District. No similar provision exists in the Low Density Business Limited (B-l-L) District wherein banks are a permitted use.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2840 on first reading and set 7 pm Tuesday, February 18, 2003, as the public hearing and final reading date.

Motion carried 5-0.
 

Ordinance 2841 will delete the prohibition on bars from the current General Commercial zoning on Sun River Park Addition, Block 18, Lot 4B. The subject vacant property is located along the south side of Central Avenue West and west of 22nd Street Southwest.

The City Council on October 28, 1963, adopted Ordinance 1451 rezoning the North 300-ft. of Lot 4, Block 18, Sun River Park Addition, from Suburban Residential District to "GC" General Commercial District with the following uses specifically prohibited: bars, warehouses, and junk yards.

Recently, Evelyn Kelman purchased the lot. The zoning on the north 300 feet of subject Lot 4B is dictated by Ordinance 1451. The owner petitioned to delete a prohibition on "bars" from the portion of subject Lot 4B zoned General Commercial District in order to allow a casino to be placed on the property. (As the restrictions were established as part of the rezoning process, any modifications to the stipulated condition must follow the zone change process.)

The Municipal Zoning Code does not define bars or casinos. In 1963 when the zone change to GC was granted, "casinos" as a land use term was not an issue. In today's parlance, however, the term "casinos" is inclusive of "bars," because an on-premise beverage license is required to have gaming. Therefore, the City interprets the condition of record which does not permit "bars" on the subject property as also not permitting "casinos."

On January 14, 2003, the Planning Board conducted a public hearing on the request to delete a prohibition on bars from subject Lot 4B. Attorney Steve Potts represented the Kelmans and spoke in support of the zoning amendment.

Sixteen individuals, most of whom reside in close proximity to subject Lot 4B, spoke in opposition to the zoning amendment. In addition, petitions signed by nearly 150 individuals opposing the zoning amendment were submitted to the Planning Board.

The Planning Board could not make findings in acceptance with the twelve criteria and guidelines cited in Section 76-2-304 MCA which must be considered in zoning amendments. Specific criteria not being met or fulfilled in conjunction with the zoning amendment are:

• As there was no clear community benefit associated with allowing a virtually unrestricted GC zoning district to be located on subject Lot 4B, the request does not promote the health, safety and general welfare of the citizens of Great Falls.
• The request would allow a land use detrimental to the surrounding neighborhood. Therefore, the request did not give reasonable consideration to the character of the predominant suburban residential neighborhood.
• Locating a casino on subject Lot 4B can (arguably) adversely affect the value of residential property in the neighborhood. Therefore, a finding that granting this request would conserve the value of buildings and public investments could not be made.

At the conclusion of the public hearing, the Planning Board voted 4-1 on a motion to recommend to the City Commission that the request to delete the prohibition on "bars" from Lot 4B, Block 18, Sun River Park Addition, not be approved. The Board did consider adding to the motion a recommendation that an effort to study zoning options for other properties in the immediate area that now have limited or unrestricted General Commercial zoning be undertaken immediately. The Board member casting the lone dissenting vote supported adding the zoning study to the original motion. (A motion to undertake the zoning study was made and passed during the regular Board meeting following the hearing.)

Section 76-2-305, MCA, stipulates a zoning amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city council if a protest against such amendment is signed by the owners of 25 percent or more of those lots 150 feet from the lot included in the proposed amendment. Protest to the zoning amendment has been provided by the owners of 47 percent of the lots within 150 feet of subject Lot 4B.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept Ordinance 2841 on first reading and set 7 pm Tuesday, March 4, 2003, as the public hearing and final reading date.

Sue Ann Strickland, Neighborhood Council 2, asked why on the Commission agenda some items listed the "Action Requested" as to adopt or deny the item and on other items, such as this, the Commission as given only one option and that was to accept the item. City Clerk Peggy Bourne explained that when the Commission was asked to take action on the item, then the "adopt or deny" language was used. She added that when the Commission was asked only to set due process in motion, the language "to accept" was listed. Ms. Strickland stated regardless of the action, the Commission should be provided a choice.

Mr. Clayton Braden concurred with Ms. Strickland.

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

Resolution 9289 sets a public hearing for March 4, 2003, to consider the annexation of Skyline Park Addition, Phase 10, consisting of 14 single family lots along the extension of 4th Street Northeast and a segment of 38th Avenue Northeast.

In April 2002, the City and County Commissions conditionally approved the preliminary plat of Skyline Park Addition, Phases 8-16, a 127 lot single family residential subdivision located north of Skyline Education Center.

Jim Workman Construction completed the platting and annexation of Phase 8, consisting of 15 lots, and Phase 9, consisting of 6 lots, and now desires to final plat and complete the annexation process for Phase 10, consisting of 14 lots along the extension of 4th Street Northeast and a segment of 38th Avenue Northeast.

Water and sanitary sewer mains, paving, curb and gutter will be installed in the segments of 4th Street Northeast and the segment of 38th Avenue Northeast.

A storm sewer main is planned to be installed from the west boundary of the City's Northeast Regional Storm Water Retention Facility, which will serve Phase 10.

The Planning Board, during a meeting held January 14, 2003, recommended approval of the final plat of Skyline Park Addition, Phase 10, and annexation of the area contained therein subject to the following conditions:

• The applicant shall execute an Annexation Agreement acceptable to the City of Great Falls and shall submit the appropriate supporting documents referenced in the Agreement.
• All applicable fees and charges due as a consequence of either plat or annexation approval shall be paid by the applicant.
• Any errors or omissions on the final plat noted by staff shall be corrected.
• Final engineering documents for required public improvements to serve the subdivision are subject to approval by the Public Works Department.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9289.

Motion carried 5-0.
 

Ordinance 2842 assigns a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 10, upon annexation of same to the City. Subject property is located north of Skyline Education Center and the subdivision consists of 14 single family lots along the extension of 4th Street Northeast and a segment of 38th Avenue Northeast.

The Planning Board, at the conclusion of a public hearing held January 14, 2003, recommended the City Commission assign a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 10, upon annexation to the City.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2842 on first reading and set a hearing for 7 pm, March 4, 2003, to consider adoption of Ordinance 2842.

Motion carried 5-0.
 

Staff reported that due to the general public's concern expressed in recent neighborhood council meetings and at City Commission meetings regarding the future expansion of gambling, i.e. casinos, it appeared urgent and necessary to take action to immediately address the issue. There was also urgent concern by the City Commission to address the zoning limitations for sexually oriented businesses (selling, displaying or performing obscene material or conduct as defined in Title 45, Chapter 8, MCA) by the City Commission's direction to staff to develop an ordinance regulating and limiting such businesses to appropriate zoning to promote the health, safety, morals and general welfare of the citizens. Such regulation of gambling and sexually oriented businesses would ultimately be addressed through the adoption of a growth policy as required by 7-2-4734, MCA, (Resolution 9286, adopted January 21, 2003, directing the Planning Board to prepare and present a growth policy for final approval on or before May 6, 2003) and by the adoption of a modernized zoning and unified development code for the entire city (Request for Proposals for professional assistance has been issued and funds have been identified therefore). Therefore, it was deemed appropriate to adopt a moratorium for the issuance of building permits and occupancy permits for said uses pending the adoption of the growth policy and land development and zoning code.

Subsequent to the initial 6 month period, 76-2-306, MCA, allows a 1 year extension ("not more than two such extensions may be adopted") after additional notice and public hearing. Therefore, if additional time beyond the initial 6 months became necessary to complete the new land development and zoning code, two extensions of 1 year each were available.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2843 on first reading to immediately establish a moratorium within the Great Falls city limits denying the issuance of building and occupancy permits for gambling establishments and sexually oriented businesses for six months pending the adoption of a growth policy and a land development and zoning code; and set a public hearing thereon for February 18, 2003.

Mr. Elmer Davis, 2713 Carmel Drive, stated he took exception to Commissioner Jovick-Kuntz's comments insinuating the Planning Board was not responding to requests from the Commission in the development of a new zoning code. He stated that it was the Planning Board's responsibility to work within the ordinances established by the Commission.

Commissioner Jovick-Kuntz asked what impact this ordinance may have on economic development efforts. Mr. Lawton explained that it would not affect anything already in the pipeline.

Commissioner Jovick-Kuntz suggested that casinos be defined as "businesses that derive a majority of their income from gaming machines." Mr. Gliko stated that even one machine in a business would fit the definition of casino used.

Commissioner Hinz asked what would happen to the Town Pump project in light of the fact the Commission continued action on the rezoning request. Mr. Lawton stated that project would not fall into the confines of this proposed moratorium.

Sue Ann Strickland, 609 2nd Avenue SW, cautioned the Commission on the definition used for casinos. She asked that during the development of the growth policy that the neighborhoods be considered.

City Manager John Lawton stated that there were two projects being worked on right now, the growth policy and how it will fit into the Comprehensive Master Plan and the zoning code and zoning administration which will be determined by the growth policy and master plan. He stated that during this process the neighborhoods will be considered. He said that Staff requested the moratorium in order to have time to determine what the processes will be.

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

CONSENT AGENDA

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission approve the Consent Agenda as printed.

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

The term of Michael Carter expired on December 31, 2002. Mr. Carter was eligible for reappointment.

Commissioner Hinz moved, seconded by Commissioners Beecher and Jovick-Kuntz, that the City Commission reappoint Michael Carter to the Regional Airport Authority.

Motion carried 5-0.
 

Cathy Aitken was appointed to the Community Development Council in February of 2000. Ms. Aitken was eligible for and interested in reappointment. Bruce Day's term expired on January 31, 2003. Mr. Day has moved and cannot be reappointed. Jacqueline Hertel was appointed in 2001 and has moved out of State; Lynn Haling was appointed in 1999 and has not met the required attendance policy. Therefore, it was necessary to appoint members to fill the remainder of Ms. Hertel's and Ms. Haling's terms and a replacement for Mr. Day. In addition, the term of member Jerry O'Connell needs to be filled since Mr. O'Connell passed away. However, only three applications were received. It was the desire of the CDBG staff to wait to fill Mr. O'Connell's position until the 2004 CDBG funding year so members were not appointed in the middle of the application process.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission make the following appointments to the Community Development Council: reappoint Cathy Aitken to a three-year term through January 31, 2006; reppoint Shannon Hoiland for a new three-year term through January 31, 2006; Appoint Sandra Wittke to fill the remainder of a three-year term through January 31, 2005 (replace Lynn Haling); and appoint Arthur Bundtrock to fill the remainder of a three-year term through January 31, 2004 (replace Jacqueline Hertel).

Motion carried 5-0.
 

ADJOURNMENT