PUBLIC HEARINGS

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 desired to final plat and complete the annexation process for Phase 12, consisting of 14 lots along the westerly extension of 38th Avenue Northeast.

Water and sanitary sewer mains, paving, curb and gutter would be installed in the segment of 38th Avenue Northeast. Surface runoff from Phase 12 would drain east on 38th Avenue Northeast ultimately discharging into the City's Northeast Regional Storm Water Retention Facility.

The Planning Board, during a meeting held April 8, 2003, recommended approval of the final plat of Skyline Park Addition, Phase 12.

Mayor Gray declared the joint public hearing open. There being no one to speak in support of or opposition to either Resolution 9337 or Ordinance 2856 Mayor gray closed the joint public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9337.

Motion carried 3-0.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2856.

Motion carried 3-0.
 

Greg Madsen, Executive Director for the Business Improvement District, submitted the 2003/2004 budget and work plan for approval by the City Commission. State law requires that the Commission hold a public hearing on objections to the work plan and budget. After approval of the budget and work plan, the Commission must levy an assessment of the district to defray all costs. Mr. Madsen stated that the Downtown area was gaining momentum. Mr. Madsen also stated that the BID was looking at expanding. Currently the BID stops at 7th Street and Central Avenue. The expansion would extend the BID to 9th Street and Central Avenue. The BID was also encouraging residential development in the downtown area.

Mayor Gray declared the public hearing open. There being no one to speak in support of or opposition to the Business Improvement District 2003/2004 Budget and Work Plan, Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission approve the 2003/2004 Business Improvement District budget and work plan.

Motion carried 3-0.
 

Fiscal Services Director Coleen Balzarini reported that a modification to the boundary lines of Special Lighting District - Residential Lighting "SLD-R" No. 1296 was petitioned by property owners in the general location of 44th Street to 46th Street along 4th Avenue North. The property owners petitioned to install seven 100 watt high-pressure sodium street lighting units mounted on 17 foot fiberglass poles along 4th Avenue North between 44th Street and 46th Street. Per Northwestern Energy the estimated date of installation for these lights was September 2003.

In addition, an inquiry into the City's assessment of lights in the North Park Addition was made by one of the property owners in that area and it was determined that the North Park Addition is an industrial/commercial park and therefore more appropriately belongs in Special Lighting District - Commercial Lighting "SLD-C" No. 1295 rather than Special Lighting District - Residential Lighting "SLD-R" No. 1296. The lights installed in the North Park Addition consist of forty-eight - 250 watt high-pressure sodium lights on thirty-six foot steel poles with underground wiring. These lights were not consistent with uniform residential lighting. It would be necessary to pull the area out of residential and move it to the Special Lighting District - Commercial Lighting "SLD-C" No. 1295.

Also, a citizen's request was made to install one additional light along 9th Street NW between 10th Avenue NW and Avenue "B". The lighting along 9th Street NW as it currently exists was not uniform residential lighting. The block along 9th Street NW is longer than the average residential block. Uniform lighting along longer residential blocks have four lights. There are four poles positioned along 9th Street NW with only three lights, the fourth pole should have a light to be uniform in residential lighting.

Montana Code Annotated 7.12.4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change.

Mayor Gray opened the public hearing. No one appeared to speak in support of or opposition to Resolution 9306. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9306.

Motion carried 3-0.
 

Fiscal Services Director Coleen Balzarini stated that an inquiry into the City's assessment of lights in the North Park Addition was made by one of the property owners in that area. Since North Park Addition is an industrial/commercial park, it was more appropriate to include this area in the Commercial Lighting District "SLD-C" No. 1295 rather than in the Residential Lighting District "SLD-R" No. 1296. The lights installed in the North Park Addition consist of forty-eight - 250 watt high-pressure sodium lights on thirty-six foot steel poles with underground wiring. These lights are consistent with uniform commercial lighting. It would be necessary to pull the area out of Special Lighting District - Residential Lighting "SLD-R" No. 1296 and move it into the Special Lighting District - Commercial Lighting "SLD-C" No. 1295.

Montana Code Annotated 7.12.4335 authorizes once a year boundary changes to existing special lighting districts, providing the change does not affect the existing costs in the district. There would be no increase to properties existing in the proposed consolidated district, as the service in those areas would not change.

Mayor Gray opened the public hearing. No one appeared to speak in favor of or opposition to Resolution 9308. Mayor Gray closed the public hearing.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9308.

Motion carried 3-0.
 

Staff proposed the General Boulevard Area assessment for fiscal year 03/04 was to be $289,725, the same amount assessed in FY 02/03. This would result in an assessment of $61.71 for an average lot of 7,500 square feet.

Mayor Gray opened the public hearing. No one appeared to speak in support of or opposition to Resolution 9324. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9324.

Motion carried 3-0.
 

Staff proposed that the Portage Meadows Area assessment for fiscal year 03/04 remain at $19,786, the same amount assessed in FY 02/03. This results in an assessment of $105.81 for an average lot of 4,503 square feet.

Mayor Gray opened the public hearing. No one appeared to speak in support of or opposition to Resolution 9325. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9325.

Motion carried 3-0.
 

Staff proposed that the Street Maintenance assessment for fiscal year 03/04 increase by 10%, which was needed to finance street reconstruction projects. Anticipated collections would total $1,793,748.

Mayor Gray opened the public hearing. No one appeared to speak in support of or opposition to Resolution 9326. Mayor Gray closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9326.

Motion carried 3-0.
 

SET PUBLIC HEARINGS

Fiscal Services Director Coleen Balzarini reported that as part of the annual budget development and adoption procedure the Special Maintenance Lighting Districts Resolution, Special Maintenance Lighting District - Residential Lighting "SLD-R" 1296 Resolution and Special Maintenance Lighting District - Commercial Lighting "SLD-C" 1295 must be submitted for City Commission adoption.

Recent developments pertaining to the City's contract on energy costs would increase the adopted budgeted utility expenses by 16 percent. The Fiscal Services Department has finalized the SLD maintenance cost estimate which is reflected in Resolutions 9327, 9329 and 9330. These costs would include the projected 16 percent increase in utility cost. Maintenance and the administrative fee equal to 10% of estimated costs for the districts as presented in the annual budget would remain the same.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission set the public hearing on Resolution 9327 for September 2, 2003, at 7:00 p.m.

Motion carried 3-0.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission set the public hearing on Resolution 9329 for September 2, 2003, at 7:00 p.m.

Motion carried 3-0.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission set the public hearing on Resolution 9330 for September 2, 2003, at 7:00 p.m.

Motion carried 3-0.
 

OLD BUSINESS

The Parks and Recreation Department applied to the U.S. Department of Housing and Urban Development (HUD) for a special project grant. Senator Conrad Burns was instrumental in securing Congressional approval of the funding request.

At the time the grant was submitted the proposed scope of work was to add handicap accessible restrooms, parking, a skate park and related amenities in Elk's-Riverside Park and add handicap accessible restrooms, upgraded irrigation system, paved parking, road paving, and contouring/revegetation in West Bank Park.

Following a competitive selection process, Landmark/Architects West, Inc. (Coeur d'Alene, ID) was hired to design the projects.

During the environmental assessment process, it was discovered that propane storage tanks in the vicinity of West Bank Park would require mitigation prior to any construction expenditures in the Park. HUD regulations prohibit the expenditure of Federal funds on projects located within the blast area of hazardous substances. As such, the investigation of mitigation measures was included in the consultant contract. Following an extensive investigation of possible mitigation measures, ranging from burying ($300,000) to relocating ($200,000) the tanks, it was agreed by the City Project Team to forgo the mitigation measures due to the available budgeted funds and the desire to use the grant funds on public improvements rather than for mitigation. It was agreed the construction funds proposed for West Bank Park would be diverted to construction improvements at Elk's-Riverside Park. The initial master planning work for West Bank Park would be the only HUD grant funds expended for West Bank Park.

Following a formal bid advertisement period, including advertisements in the Great Falls, Tribune on June 29th, July 6th & 13th with a pre-bid conference on July 11th, the bid opening was held on July 23, 2003. The project was bid with a Base Bid, consisting of the skate park, trail improvements and amenities and four additive alternates. There were sufficient funds to award the Base Bid with Additive Alternates 1, 2 and 3, which added the ADA restrooms, minor fix-up of the Girl Scout club house, the drop-off/pick-up turnaround area with parking, and 40 paved parking stalls along River Drive. The consultant recommended a contract be awarded to the low bidder Phillips Construction.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission award a construction contract to Phillips Construction in the amount of $930,109 for the Elk's Riverside Park Improvements project, which includes the Base Bid plus Additive Alternates 1, 2 & 3, and authorize the City Manager to execute the necessary documents.

Mayor Gray asked the audience if anyone had anything that they would like to add to the discussion. Mr. Sam Baer, a student at C.M. Russell High school addressed the Commission. Mr. Baer read a letter that he had written to the Commission. Mr. Baer also presented a list of names that he had gathered in support of the skate park to the Deputy City Clerk. Also addressing the Commission in support of the Skate Park were: Jeff Woods, Ron Anderson, Elaine Scowen, George Littlefield. Speaking against the Skate Park were: Greg , Paul Zaller, John Sturgeon and Kendra Owen. The comments from the people opposed to the Skate Park were, why build a facility for just one group of users when there are a number of other youth sports groups out there with needs as well. And why was this going to be a free facility when the other groups have fees attached to their sports.

Motion carried 3-0.
 

No motion. Item pulled prior to meeting.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Staff reported that in November 2002, the City and County Commissions conditionally approved the preliminary plat of West Ridge Addition, a 113 lot single family residential subdivision located on the west and north sides of Skyline Education Center.

G & M Properties desired to final plat and complete the annexation process for Phase 1, consisting of 34 lots along the westerly extensions of 32nd and 33rd Avenues Northeast from 2nd Street North.

Paving, curb and gutter would be installed in the segments of 1st Street Northeast and 32nd and 33rd Avenues Northeast within Phase 1 and within the abutting portion of 2nd Street Northeast.

City water and sanitary sewer mains would be installed in all roadways in Phase 1. All lots in the subdivision (except Lot 1, Block 2, Phase 1) would drain into a proposed lift station in the northerly portion of 2nd Street Northeast which will pump effluent into an existing City main in 2nd Street Northeast near the southeast corner of Phase 1.

Storm drainage from the subdivision would eventually be piped to the City's Northeast Regional Storm Water Retention Facility.

The Planning Board, during a meeting held June 10, 2003, recommended approval of the Addition.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9338.

Motion carried 3-0.
 

Staff reported that Ordinance 2858 would assign a zoning classification of "A" Residence Use, "B" Area District, to West Ridge Addition, Phase 1, upon annexation of same to the City. Subject development consisted of 34 single family residential lots along the westerly extensions of 32nd and 33rd Avenues Northeast from 2nd Street Northeast.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2858 on first reading and set a hearing for 7:00 p.m., September 2, 2003, to consider adoption of Ordinance 2858.

Motion carried 3-0.
 

Assistant City Manager Cheryl Patton stated the City had operated the fairgrounds on behalf of the County since 1988 through an inter-local agreement. The most recent inter-local agreement for the operation of the fairgrounds was entered into by the City of Great Falls and Cascade County in 1996. This agreement expired December 30, 2002. The County chose not to renew the agreement with the City. Therefore, it was necessary to modify the Administrative structure reflecting this change.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission adopt Ordinance 2857.

Motion carried 3-0.
 

Assistant City Manager Cheryl Patton reported that the current moratorium on casinos and sexually oriented businesses expires August 18, 2003. Ordinance 2859, if approved, would replace the existing moratorium on casinos/gambling establishments until the adoption of the Unified Land Development Code which was currently being drafted by a consultant and expected to be finalized by May of 2004. This proposed ordinance would specify zoning districts allowable for gambling/casino establishments during the interim; the proximity to residentially zoned property; and the required distances to be met from schools and places of worship. Casinos that are expanded, remodeled or relocated would also need approval of the Design Review Board and would need to comply with current codes for signage, landscaping, parking and lighting.

By separate resolution, "use variances" which were previously approved for liquor and /or casinos but currently not in use were proposed to be terminated and become null and void. Any permission granted under those previously approved variances was proposed to expire.

Ordinance 2859 was intended to serve as interim regulations only; until a final Land Development Code could be recommended, reviewed by the community, and approved by the City Commission.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission accept Ordinance 2859 on first reading and set a public hearing and final reading for August 19, 2003 at 7:00 PM.

Loren Keller stated that he was concerned about the timing. He stated that if Ordinance 2859 did not pass, the City would be left in limbo. Mr. Keller stated that he would encourage Staff to renew the Moratorium. Commissioner Beecher asked that if Ordinance 2859 did not pass, could the Moratorium be brought for a vote to renew at the Commission meeting. Assistant City Manager Cheryl Patton stated that it could, but that Ordinance 2859, Interim Zoning Regulations, was much more restrictive than the moratorium.

Motion carried 3-0.
 

Great Falls City Attorney Dave Gliko reported that Ordinance 2860 was an interim ordinance that would be in effect for six months. Mr. Gliko stated that the foundation for the ordinance was as important in possible legal challenge in defense of the ordinance as was the language of the ordinance itself. Mr. Gliko related the City's history with sexually oriented businesses so that the Commission's consideration of the ordinance would not be in a vacuum, but have actual pertinence and relevance to the item itself.

In 1975, the City Commission was new. There were two sexually oriented businesses located in the downtown area. Mr. Gliko was asked by the Commission to draft an ordinance that would remove these businesses from the area. The ordinance was challenged and found unconstitutional by the State Supreme Court. The next event happened in 1984 when a case of venereal disease was traced to video booths at the Chelsea Theatre located in downtown Great Falls. A licensing ordinance was passed charging $300 per machine for regulating the business. Mr. Gliko stated that the City had excellent testimony for the record from the Chief of Police, the Health Department, and the State Epidemiologist. The case was supported by the District Court and also upheld by our Supreme Court. Much too some peoples surprise the businesses soon disappeared.

In 1990, a concerned citizens group aroused interest in developing an ordinance to totally ban dissemination of such information from such establishments. It failed to pass. The Commission did pass an ordinance that directed that such establishments locate their material out of sight of minors that might be on the premises.

In 1993, a sexually oriented business was again located on Central Avenue. They were disseminating triple X videos. A zoning ordinance, similar to the one before of the Commission now, was under consideration at that time. Mr. Gliko stated that the business closed, and the ordinance was not formally considered.

Mr. Gliko summarized the experience of the City of Great Falls. It demonstrated that it was a business that was in operation within the City and that interest recurs from time to time to deal with the secondary effects of those establishments for the protection of the health, welfare and safety of the community. The secondary effects that Mr. Gliko made reference to were a detrimental effect to business and residential neighborhoods. A certain amount of blight and crime. A decrease in property value must also be taken into consideration. The United Stated Supreme Court decided in Renton vs. Playtime Theatres in 1986 that cities do not have to conduct there own studies regarding the secondary effects in order to provide foundations for passage of such ordinances. They may rely on other studies conducted around the United States. The point was that the proposed ordinance could not in any way go toward suppressing any protected speech under the first amendment. The ordinance had to be content neutral with regard to that speech. The ordinance could however, and does, address the secondary adverse effects that arise out of such businesses.

In Ordinance 2860, adult arcades, adult video and book stores, would be restricted to general commercial, first and second industrial districts; require a distance limitation of 600 feet from similar businesses, public parks, day cares, and churches; require a distance of 350 feet from residentially zoned property; prohibit the distribution or consumption of alcohol on such premises; and require Design Review Board approval before building or occupancy permits could be granted.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher that the City Commission accept Ordinance 2860 on first read, and set a public hearing and final reading for August 19, 2003.

Commissioner Rosenbaum commented that with the zoning reconfiguration and the work being done by the City's consultant, the interim ordinances would allow the City to continue to do business and move forward.

Mayor Gray questioned the 350 foot distance in regard to the residentially zoned property. Mr. Gliko replied that after reviewing the zoning map, it was decided that the 600 foot distance would be too restrictive and it made a substantial difference in the areas where these establishments would be able to operate.

Motion carried 3-0.
 

CONSENT AGENDA

Commissioner Rosenbaum moved, seconded by Commissioner Jovick Kuntz, that the City Commission accept the Consent Agenda as printed.

Motion carried 3-0.
 

BOARDS AND COMMISSIONS

Shelley Lighter resigned from her position on the Civic Center Advisory Board. Therefore, it was necessary to appoint one member to replace her. Ms. Lighter's term would have expired on December 31, 2003. Staff recommended that the new appointment be made for a full three-year term plus the remainder of 2003.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission appoint Heather Porter to the Civic Center Advisory Board for a three-year term, ending December 31, 2006.

Motion carried 3-0.
 

Joe Fox resigned from his position on the Parking Advisory Commission. Therefore, it was necessary to appoint one member to fill the remainder of his term through April 30, 2005.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission appoint Thomas Hartford to the Parking Advisory Commission to fill the remainder of a three-year term through April 30, 2005.

Motion carried 3-0.
 

The term of Marilyn Rose expired on June 30, 2003. Ms. Rose has served on the Housing Authority Board since 1994 and was not eligible for reappointment; therefore, it was necessary to appoint one new member to the board.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the City Commission appoint Daniel K. Sullivan as a member of the Great Falls Housing Authority for a five-year term through May 31, 2008.

Motion carried 3-0.
 

PETITIONS AND COMMUNICATIONS

ADJOURNMENT