PUBLIC HEARINGS

Fiscal Services Director Coleen Balzarini reported that the Safety Inspection Certificate (SIC) fees cover a portion of cost for the approximately 3,100 fire code inspections conducted on an annual basis. They have seen minimal increases since its inception.

The fee for first time SIC issuances have not been increased since inception in 1996. Renewal SIC fees have had gradual increases over the years but the percentage of increase had been greater for the lower tier premises compared to the larger tier premises. The proposed renewal fees would result in no increase to tier 1 premises and adjustments to the tiers 2, 3, 4 and 5 premises to equalize prior year(s) fee adjustments. Resolution 9344 provides a complete listing of all fees associated with Title 5 of the City Code. The only fees proposed to increase are related to new and renewing Safety Inspection Certificate holders. The changes are as follows:

Great Falls Fire Rescue has been providing occupancy inspections for fire and life safety code compliance for many years. Prior to 1996, the City used a business license fee structure which provided limited funding. Some occupancies also claimed a state exemption from such licensing. In 1996 the City instituted a Safety Inspection Certificate program, which removed those exemptions and based the fees for inspections on the square footage of the occupancies. The state Supreme Court supported the City's position on removal of the exemptions. The City designated five tier levels, with tier 1 being occupancies up to 2,000 square feet, and tier 5 being those over 50,000 square feet.

Churches would also be seeing an increase from $30 to $45. These occupancies are charged a flat fee regardless of square footage. This fee had not increased since 1996.

Mayor Gray declared the public hearing open. Speaking in against Resolution 9344 was John Hayes, 619 Carol Drive, Great Falls, Montana. Mr. Hayes stated that he did not know if he was as much against this as to just having a question. The fees for the licensing, was that still under the same statues as that it had been before?

Fiscal Services Director Coleen Balzarini stated that the beer and wine license fee was covered under the State statues. This was a safety inspection certificate and the cost for the safety inspection certificate. It was not related to the beverage license that Mr. Hayes was referring to and the state statue.

Mr. Hayes asked what were the fees?

Coleen Balzarini responded that beverage licenses were what they have been in the past. They vary depending on wether they have beer/wine or alcoholic licenses.

Mayor Gray asked Coleen Balzarini if this had any impact on state imposed fees for licenses.

Coleen Balzarini stated that what John Hayes was referring to was that the state put a limitation on how much the cities could charge for the cities beverage licenses. There was 100 percent on beer/wine and five eighths of an all beverage license. This resolution was for safety inspection fee not for beer and wine license that we have in the City of Great Falls.

Commissioner Diane Jovick-Kuntz stated that the taverns in town do not get charged a safety inspection fee because of the way they are charged the other additional fees. The City has not looked at changing the fees.

Mayor Gray asked if the Taverns are exempt from this fee?

Commissioner Jovick-Kuntz responded "yes". The taverns pay an average of $500 fee that no other business pays because the State says the City can charge them that amount. Also the taverns have more chances for the police to be called to their businesses. They still have a safety inspection, but they are not charged a separate fee.

Robert Haffner, 1916 Mountain view Dr, had same question as John Hayes, since the resolution did pick up the business fees. Currently, the way the Resolution was written, current fee structure falls back to be what it had allowed or what the maximum was allowed by the state. This resolution does not state what the fees would be, which leaves it up to the City staff to interrupt what the fees may be. Since the State mandates a maximum, doesn't mandate an absolute the staff would be at their desecration defaulted to the max. In that same case the City illegally charged fees which revolve around the catering license. Currently the City charges $250 fee. There was a City fee to cater alcohol in the City. The states statues specifically say five eighths. There is no additional fee that was allowed for catering. Currently, that was City practice to charge for the catering fee. Mr. Haffner felt that now would be a good time to clear this up.

Commissioner Diane Jovick-Kuntz stated that at the agenda meeting that she had some concerns and questions about the resolution. There were certain groups that had special license fees and that it was just not the taverns. There are certain fees that are with plumbers, contractors and there was a list of different people that have special license fee. Commissioner Jovick-Kuntz had asked staff to put a letter/proposal together of who those particular people were that had the special license fees and if we need to address changing or charging different for the safety certificate fees. Staff was looking into this.

Mr. Haffner was concerned specifically this issue was currently in violation of state law. He stated the $250 fee should be addressed and that business's were being illegally charged this fee and that the City could take a look at this into the previous years.

Coleen Balzarini stated that the City will research the documents. There was more then one statue that sets the fee for beverage licenses. Staff was very diligent about making sure the City do not charge fees that the City would not be allowed to charge. Coleen Balzarini believed that there was not an error. There was another statue that covered the catering portion of this.

Robert Haffner had a copy of one of the statue and it applied to the State not the City.

Mayor Gray stated that the City could make a commitment from the City's point and review the statues. The City ends up with over lapping statutory schemes that sometimes conflicts with one another. He also stated the City would make a commitment to sort it out and look at all the statutory limitations that would apply. The City was not doing anything inappropriate.

Robert Haffner asked about any corrections for the past charges also be included in that resolution? He was also wondering if he could go years back that the $250 which the catering had been charged for no reason and possible reimbursed.

Mayor Gray responded that the staff could take a look at that. That would not be part of the resolution that the City was looking at at this present time. Mayor Gray also stated that there should be a statue of limitation of some sort that the City was not going to be going back decades. The Commission asked the City staff to take a look at the over all picture and see what the City would be doing now and if it is inappropriate.

Mayor Gray declared the public hearing closed being there was no one further in support or opposition.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that City Commission close the public hearing and adopt Resolution 9344.

Motion carried 5-0.
 

Community Development Director Mike Rattray reported that the owner of said property paid the amount in full.
 

Community Development Director Mike Rattray reported that Resolution 9350 sets new rates for building permit fees that were established in 1996. The proposed fee schedule generally represents a 4 percent increase with a substantially higher increase for the lower value permits. Permit fees are calculated based on value of construction. The fee increase was proposed to be effective December 1, 2003. An increase in fees was necessary to cover the cost of service delivery and keep with inflation. The fees for service addressed in Resolution 9350 were as follows.

Mayor Gray declared the public hearing open. There being no one to speak in favor of or opposition to Resolution 9350, Mayor Gray closed the public hearing.

Commissioner Rosenbaum stated that the Building Permit Fee was a very responsible increase and thanked Community Development.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9350.

Motion carried 5-0.
 

Park and Recreation Director Jerry Sepich stated that DSH/Great Falls, LLC approached the City regarding leasing a portion of City-owned property, Broadwater Bay Business Park, B2, L1. The company intended to build a restaurant on an adjoining property, B1, L6. Due to the size of this lot, additional property was needed to meet the parking requirement for the restaurant.

The agreement would require DSH/Great Falls to design the lot plan for all of Broadwater Bay Business Park, B2, L1. In addition, they would be solely responsible for the cost of construction of the parking lot, landscaping and other amenities of the leased property that was equal in area to two (2) times the number of parking stalls required to meet the parking requirements for the restaurant project. DSH/Great Falls would further reimburse the City a proportionate share of the annual maintenance costs of the improved leased area.

The proposed lease would be for thirty (30) years with a renewal for an additional ten years at a cost of ($1) per year.

On November 8, 2000, the City Commission approved the purchase of Broadwater Bay Business Park, B2, L1 from the Trillium Corporation for $200,000.

As required by Title 3, Chapter 12 OCCGF, before final consideration of the lease of City property, the City Commission would hold a public hearing to receive comments regarding such leases. This ordinance also requires that bids be accepted for the lease of City owned property. However, an exception to the bidding requirement "where the use was to continue for a public purpose and the same subject to reversions to the City should the use ever change to any other purpose" would pertain to this proposed lease agreement.

The Park and Recreation Board approved the Lease at their October 14, 2003 meeting.

Mayor Gray stated that the record should reflect that he abstained due to a perceived conflict of interest.

Mayor Gray declared the public hearing open. Steve Potts, 600 Central Plaza Suite 201, stated that he did not feel pizza parking related to public parking. He also asked how much land was involved and how many parking spaces were involved. He stated that this was not listed in the lease. Mr. Potts also stated that the City would be better off selling the land and get tax revenues. He also disagreed with the terminology of lease. With it being a lease it was subject to bid requirements.

Robert Haffner, 1916 Mountain view Dr, asked what kind of maintenance the City would be reimbursed for.

Steve Schule, owner of McKenzie River Pizza, stated that the parking would accommodate 42-43 parking places and that the City requires more. Mackenzie River Pizza was happy to double the parking to meet the code. In addition to this, MacKenzie River was paying $7,000 to design the parking for the rest of the City property that Mackenzie River was not leasing.

City Manager John Lawton stated the concept; the piece of land was bought for the purpose of parking. That area was becoming more congested. This is a good deal for the City. MacKenzie River Pizza will build twice as many parking spaces as they need to meet the requirements. The public would be able to use the parking spaces for recreational use during the day and the MacKenzie River Pizza patrons would be able to park in the evening. John Lawton also reported that the City planned to build a parking lot on the full parcel someday. This was why the City purchased the land three years ago to provide public parking.

Commissioner Hinz commended Steve Schule owner of MacKenzie River Pizza and the City staff for thinking outside the box. The public will benefit from the parking and also from the extra tax base and jobs. Commissioners Jovick-Kuntz and Rosenbaum agree. Commissioner Rosenbaum also stated that the City is getting more for less.

Mayor Gray declared the public hearing closed being there was no one further in support or opposition.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve Lease Agreement for a portion of Broadwater Bay Business Park, B2, L1.

Motion carried 4-0. (Mayor Gray abstained )
 

NEW BUSINESS

Fire Chief Director Randy McCamley stated that the specifications were advertised three times in the Great Falls Tribune and mailed to thirteen prospective bidders, with six bidders responding. The bids were opened on October 22, 2003. The bid was postponed by the City Commission on November 4, 2003 to allow staff additional time to further review the bids.

Following further review staff recommended the purchase of three new fire trucks from Hughes Fire Equipment including the "Compressed Air Foam System" (CAFS) and "No Smoke" options. The CAFS had greater fire extinguishing ability than plain water. Additionally, the CAFS provided improved visibility and safety for fire fighters and was less prone to cause personal property damage. The "No Smoke" option allowed the fire trucks to be started inside of the station without additional vehicle exhaust ventilating systems. A discount of $41,965 was realized for the purchase of three trucks in comparison to the single truck purchase price. Additionally, a discount of $14,364.00 for prepayment for the truck chassis, was calculated into the final total.

In order to obtain their maximum value, staff proposed to seek sealed bids for the disposal of the replaced fire trucks. The following fire trucks were to be replaced:

The fire trucks to be replaced had become problematic with high maintenance costs and difficulty locating obsolete replacement parts. Those units would be used by the Fire Department. Funds for their purchase would require depleting all monies in the Fire Department Equipment Revolving Schedule (ERS), a total of $891,974. The balance of $65,556 would be funded through an advance from the Central Garage ERS Fund. The advance would be repaid with 2004-2005 Fire Department annual incremental equipment replacement funds.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission award the low bid for three new 2004 fire trucks to Hughes Fire Equipment for $957,350. and declare the replaced units as surplus property.

Motion carried 5-0.
 

ORDINANCES/RESOLUTIONS

Fiscal Services Director Coleen Balzarini reported that the Ordinance 2865 clarifies language contained in Title 5 of the Official Codes of the City of Great Falls pertaining to Safety Inspection Certificates. If adopted, the proposed ordinance would parallel language contained in Chapter 1 with that contained in Chapter 2 by clarifying when Special Business Licenses are to be obtained in addition to Safety Inspection Certificates.

In December 1995, the City Commission adopted Ordinance 2674 and its companion ordinance 2672 containing the language requiring businesses to obtain a Safety Inspection Certificate and other appropriate special business licenses including home occupation certificates. In a continual effort to streamline procedures and enhance responsiveness to public input staff reviewed the codes pertaining to the safety inspection certificates and proposed this moderate housekeeping item for the Commission's consideration.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2865.

Motion carried 5-0.
 

Acting Planning Director Ben Rangel reported that Resolution 9349, if adopted, approves the additional use request of the Golden Triangle Community Mental Health Center to convert the former Largent School building GF Townsite, B359, L8-14 to clinical offices.

Golden Triangle Community Mental Health Center had entered into an agreement with School District No. 1 to purchase the former Largent School building and the half block it occupies at 915 1st Avenue South. Golden Triangle intended to remodel the three story, 33,000 total square foot building to accommodate clinical offices for administrative and outpatient services provided by the Center.

Subject half block was presently zoned as Public Lands and Institutional (PLI) District in the Great Falls Central Place Revitalization Program. Said request was being processed as an 'additional use' within the PLI District. The process for a PLI Additional Use includes the Planning Board holding a public hearing for the purpose of reviewing the application and submitting to the City Commission a report of its findings and recommendations. Upon receipt of a written report and recommendation from the Planning Board, the City Commission may approve, disapprove, or conditionally approve, by ordinance or resolution, any application.

On October 28, 2003, the Planning Board conducted a public hearing on the PLI additional use application. Larry Rapstad, Chief Financial Officer for the Mental Health Center, spoke in support of the application. No other public testimony has been provided concerning the planned conversion. At the conclusion of the hearing, the Planning Board, after determining the request does not conflict with any of the objectives of the Revitalization Program, unanimously adopted a motion recommending the City Commission approve the PLI Additional Use Application.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9349.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

ADJOURNMENT