PUBLIC HEARINGS

City Attorney David Gliko, reported that Ordinance 2859 was approved as an Interim Ordinance August 19, 2004 for a period of six months. This Ordinance would expire February 19, 2004 unless it was extended by the City Commission for up to one year to allow for the finalization and adoption of the Unified Land Development Code now being drafted by a consulting firm, Vierbicher and Associates of Madison, Wisconsin. This extension would take a 2/3 vote of the City Commission to approve. M.C.A. 76-2-306 (3).

The regulations in Ordinance 2859 are meant as interim regulations governing gambling establishments and casinos and they replaced a prior moratorium on casinos/gambling establishments. The interim ordinance specifies zoning districts allowable for gambling/casino establishments during the interim, 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 and parking.

Mayor Gray declared the public hearing open. Speaking in favor to extend Interim Ordinance 2859 was Sue Ann Strickland, 609 2nd Avenue Southwest # 4, Acting Chair Neighborhood Council 2, who stated that they supported the extension of the Interim Ordinance for up to one year.

Kendra Owen, El Paso Dr, stated that she supported the Ordinance to be continued for a year to allow time for the City's new land code to be finished.

There being no one to speak in support or opposition, Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that City Commission adopt Ordinance 2859 on final reading to extend interim Ordinance 2859 for up to one year.

Motion carried 5-0.
 

Interim Ordinance 2860 was approved by the City Commission on August 19, 2003 as an Interim Ordinance for a period of six months. This Ordinance would expire February 19, 2004 unless it was extended by the City Commission for up to one year to allow for the finalization and adoption of a new unified Land Development Code now being drafted by the Vierbicher firm. This extension would need a 2/3 vote of the City Commission to approve (M.C.A. 76-2-306 (3)).

The regulations in the Interim Ordinance prohibit sexually oriented businesses in all zoning districts except general commercial, first and second industrial districts; provided a distance limitation of 600 feet from similar businesses, public parks, day cares, churches and residentially zoned property; prohibited the distribution or consumption of alcohol on such premises; and required Design Review Board approval before building or occupancy permits could be granted.

Mayor Gray declared the public hearing open. Speaking in favor to extend Interim Ordinance 2860 was Sue Ann Strickland, 609 2nd Avenue Southwest # 4, Acting Chair Neighborhood Council 2, who stated that they supported to extend the Interim Zoning Regulations for Sexually Oriented Businesses for up to one year. Mayor Gray asked Sue Ann Strickland if the Neighborhood Council had an actual vote. Sue Ann Strickland stated that the Neighborhood Council was all in favor.

There being no one to speak in support or opposition, Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2860 on final reading to extend Ordinance 2860 for up to one year.

Motion carried 5-0.
 

Community Development Director Mike Rattray, reported that the owner of the property at Great Falls 10th Addition, B762, L1, was issued a notice of hearing before the City Commission of Great Falls to appear at 7:00 P.M., February 17, 2004. The hearing was to show cause why the owner of the property should not be held liable for the costs incurred in razing the structure known as 1800 7th Avenue South.

Mayor Gray declared the public hearing open. There being no one to speak in support or opposition, Mayor Gray declared the public hearing closed.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9362.

Motion 5-0.
 

NEW BUSINESS

Planning Director Ben Rangel stated that Resolution No. 9366 sets a public hearing for March 16, 2004, to consider the annexation of 20 acres occupied by Loy School and a 2,700 foot segment of 57th Street North.

Since Loy School was built, it had obtained water and sanitary sewer service from Malmstrom AFB. Earlier this year, the City installed a 16-inch water main along the east side of 57th Street North abutting the School property. In order to switch service and obtain water from the new City main, which would reduce the School District's expenses, the District had petitioned to annex the School property. A tentative plan was to extend a public 8-inch main eastward from 57th Street to the back of the School where a public fire hydrant would be located and the existing service line could be disconnected from Malmstrom's system and be reconnected to the City's system. Loy School would continue to discharge its sewage into the Base's system.

Through a Memorandum dated January 24, 2004, the Public Works Department waived the storm sewer fee and reimbursement for the 57th Street water main. As it was a taxing entity, similar to the City, it didn't make sense to in effect tax the School District under the annexation.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9366.

Commissioner Jovick-Kuntz stated that the motion should have read to set a public hearing.

Commissioner Hinz moved, to amend motion, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9366 and set public hearing for March 16, 2004.

Motion carried 5-0.
 

Adoption of Ordinance No. 2871 on final reading would establish a City zoning classification upon annexation of the Loy School property and a segment of 57th Street North of "A" Residence Use, "A" Area District.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2871 on first reading and set a hearing for 7:00 p.m., March 16, 2004, to consider adoption of Ordinance 2871.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

City Manager John Lawton stated that it was time for Local Government review. The Constitution of the State of Montana requires that every ten years the City Commission must put on the ballot a question to the voters, "Do you or do you not want to consider reviewing your local Government." The last review was in 1994-1995. The actual review takes place in 2005. The next meeting the City staff will prepare a Resolution that sets forth the question to be placed on the ballot. . If the voters elect in June to establish a review Commission, then local people would have a chance to sign up and run for the Government Review Commission. The election for these commission seats is set for November 2004. Then the review Commission would take office and begin their work around January 2005. John Lawton also stated that Commissioner Beecher was chairman for the last review.

Commissioner Hinz asked how the study was funded? City Manager John Lawton stated that it would be taken out of the general fund. Last review they did not spend more than $25,000.

Mayor Gray asked if there was a possibility of the City/County consolidating the evaluation. City Manager John Lawton stated each local government had to establish its own question for the ballot. If the two Commissions wanted to get together and work jointly they were permitted to do so. There was no requirement to do that. The last time the Commission kept in touch, but did not consolidate into one review commission.

Commissioner Beecher stated the voters in both local governments voted to have the study. It was decided by the two study commissions to work independently. The local County Government Review Commission did recommend changing the form of government more towards a manager form of County Government. That was not approved by the voters.

City Manager John Lawton stated that there have been two past study Commissions. In 1972 the Form of government changed in Great Falls. In 1985 the study Commission added self governing powers and the City Charter, and in 1995 the study Commission added Neighborhood Council to the City Charter. The Neighborhood Council has been very positive for the Community. Great Falls has benefited greatly by these adjustments made by the voters in the ten year intervals.
 

Mayor Gray stated that City Manager John Lawton, Director of Great Falls Development John Kramer, Director of Airport Authority Cynthia Schultz, and Mayor Gray traveled to Washington DC and met with Senior staff of Senator Burns, and Senator Baucus, and with Representative Rehberg. TThey had a useful meeting and updated all three staff of on going issues in the City of Great Falls. Mayor Gray also stated that they spoke directly with them about Malmstrom Air Force Base and the up coming BRAC process. Mayor Gray stated that they had a good reception and it would be worth their while to go back once a year.
 

ADJOURNMENT