PUBLIC HEARINGS

Planning Director Ben Rangel reported that Resolution 9416 annexes Meadowlark Addition No. 3, an 18 lot single-family residential subdivision located southwest of Grande Vista Park and immediately east of Flood Road. The accompanying Agreement contains terms and conditions associated with subdivision and annexation. In April, the City and County Commissions conditionally approved the preliminary plat of Meadowlark Addition No. 3.

The Planning Board, during a meeting held June 8, 2004, recommended approval of the final plat of Meadowlark Addition No. 3 and annexation of the area contained therein subject to the following conditions: the applicant execute an annexation agreement; the applicant pay all applicable fees; errors or omissions on the final plat noted by staff shall be corrected; and final engineering documents for required public improvements be approved by the Public Works Department. The above stated conditions have been fulfilled.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9416 or Ordinance 2880. Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9416 and approve the final plat and Annexation Agreement for Meadowlark Addition No. 3.

Motion carried 5-0.

Commissioner Rosenbaum moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2880.

Motion carried 5-0.
 

Planning Director Ben Rangel reported that if adopted on final reading, Ordinance 2879 would rezone Lots 8-14, Block 501, GF Townsite, located on the north side of 9th Avenue South between 3rd and 4th Streets, from High Density Residential (R-4) to Low Density Business (B-1).

The owners of Lots 8-14, Block 501, Original Townsite, submitted a petition to rezone subject half block from "R-4" High Density Residential to "B-1" Low Density Business District. Approval of the rezoning would allow the conversion of the residential uses on subject Lots 10-12 into light business uses.

The City-County Planning Board, on June 8, 2004, conducted a public hearing on the Revitalization Plan Amendment and unanimously passed a motion recommending the City Commission adopt Ordinance 2879.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2879. Mayor Gray declared the public hearing closed.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2879.

Motion carried 5-0.
 

Community Director Mike Rattray reported that the 1997 Edition of the UBC (the last edition), had verbiage which allowed the Building Official discretion when submittal documents were to be prepared by a licensed design professional. With the adoption of the IBC this discretion was omitted unless specifically allowed by local ordinance.

Mayor Gray declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2875. Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Ordinance 2875 on final reading.

Motion carried 5-0.
 

Park and Recreation Director Jerry Sepich reported that adopting Ordinance 2878 would set forth the rules and regulations of the Riverside Railyard Skate Park.

The City opened the Riverside Railyard Skate Park March 12, 2004. Since this time concerns had been expressed over the use of appropriate safety gear at the park as well as other rules and regulations. This ordinance would provide an option for rules and regulations for the park to include the mandatory use of appropriate safety gear.

Mayor Gray declared the public hearing open. Those speaking in support of Ordinance 2878 were as follows:

Dr. Dennis W. Dietrich, M.D. Local Neurologist, 2312 40th Avenue Southwest, stated that he was in favor of the ordinance for helmet gear. He explained about different types of head injuries. A traumatic brain injury according to Montana Code Annotated section 53-6-501 and 502 means: an injury to the brain caused by an external physical force, including but not limited to a motor vehicle accident, a fall, an assault, a sports injury, or a recreational or work-related accident. It may produce a diminished or altered state of consciousness that results in temporary or permanent impairment of cognitive or mental abilities, physical functioning, or behavioral emotional functioning.

Dr. Dietrich provided statistics the facts regarding skateboarding and injuries: 50,000 emergency department visits and 1,500 hospitalizations per year in the U.S.

Dr. Gorsuch, 41 Prospect Drive, Local Neuro Surgeon, stated that he was in favor of the ordinance for helmets. He also stated that there were long term problems from head injuries and that protective gear has a protective effect when worn. With a head injury, that family would have to look into every resource for funding to take care of the family member for the rest of their life.

Pete Lucas, 26 Brookwood Lane, registered nurse at the hospital and the trauma coordinator in the emergency department, concurred with Dr. Dietrich and Dr. Gorsuch.

Gary Sorum, 724 27th Avenue Northeast, stated that he was concerned about head injuries and encouraged the students to promote the ordinance to their friends. He stated that he had been to the skate park recently and majority of the users did not have gear on. He stated that head gear should be worn at all times.

Lucas Attwell, Belt, Montana, stated that he had been involved with the skate park since the beginning. He stated that he was for the helmets and wanted to confirm that the ordinance was just for helmets and foot gear. He asked to define the rules if it was everyone that uses the skate park.

Patrick Gorton, 2919 5th Street Northeast, concurred with others and stated that when there is an injury it affects the entire family.

Mary Jo Schuff, 501 12th Street South, stated that since 1996 she has had a brain injury. She stated that it affects everyone around you including family, friends, co-worker, and your future.

Don Schuff, 501 12th Street South, concurred with his wife, Ms. Schuff.

Those speaking against Ordinance 2878 were as follows:

Eric Smith, 1612 1st Avenue North, stated that this issue should be left alone and that this was no different than cigarettes. People know the risk and that was the chance they take. Mr. Smith stated that he does wear a helmet and that he was concerned that the skate park would not be popular with the ordinance in effect. He also stated that it should be the individual's choice.

Talan Harrington, 206 27th Street Northwest, stated that the reason why they skate board was because there are risks involved. Mr. Harrington stated that the two head injuries he had received were from playing basketball and he asked the Commission if they were going to enforce helmets for this sport. He stated that the bikes are in the skate park all the time and that they never see police officers down there taking care of those issues.

Ryan Rivers, 1221 Adobe Drive, stated that the City needed to leave the helmets alone. The youth know the risks of skate boarding. There are other issues that need to be addressed that are being overlooked, one of which was underage smoking. He also stated that he never sees anyone in authority at the park.

There being no one further to speak against Ordinance 2878 Mayor Gray closed the Public Hearing.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt adopt Ordinance 2878 on final reading.

Commissioner Jovick-Kuntz asked what the penalty would be and how would it be enforced. City Manger John Lawton stated that it would be a misdemeanor ordinance violation and the amount of fine would be up to municipal court. The fine could vary. Mayor Gray asked what the maximum fine could be. City Attorney Dave Gliko stated that the maximum fine was up to $500 and to confiscate skate boards as an alternative.

Chief of Police Jones stated that he would be working with Park and Recreation staff on a strategy to enforce the ordinance. He assured the Commission that police staff was down at the skate park. He stated that he wanted the youth to be responsible for their skate park and that was not being done. The skate park has eight cameras up and running. He also stated that if this ordinance was passed that there would definitely be more staff at the skate park. Mayor Gray asked if the camera set up was available so the parents could go to the web-site and see what was happening at the skate park. Chief Jones stated that they are in the process of developing the web-site.

Commissioner Beecher asked if it would be possible to use other City departments or City employees to help police with their jobs at the skate park. City Attorney Dave Gliko stated that written citations would require a police officer. Mayor Gray suggested that instead of forcing a violation against the individual violator, possibly having a time-out/shut-down to the skate park for a period of time. He stated that maybe staff could look into this and bring some direction back to the Commission. City Manager John Lawton stated that if the ordinance passes, it takes thirty days from the time the Commission passes it to go into effect, and the City would have thirty days to refine the enforcement ideas.

Commissioner Rosenbaum stated that skate park came to the City from grants that Senator Conrad Burns helped obtained. The City needed to come up with a good set of rules that everyone could learn to live with.

Commissioner Hinz asked if the City would have helmets available for the young people who do not have the resources for helmets. Park and Recreation Director Jerry Sepich stated that at the Safety First Rally Benefits Healthcare distributed 300 free helmets.

Pete Lucas stated that if this ordinance passed, Benefis could probably work something out with donating helmets and buy different liners to switch out with different youth. City Manager John Lawton stated that the City could team up with Benefis to develop a program to provide helmets at the Commission's direction.

Mayor Gray stated that he supported Ordinance 2878 and thanked everyone who commented. He stated there is a loss to society whenever someone who is uninsured is injured in this high risk event. Mayor Gray stated that he visited with the Mayor of Kalispell regarding their skate park, and, from the beginning, they required helmets to be worn.

Motion carried 5-0.

Mayor Gray asked the Commission if there were any directions to give to staff. Commissioner Beecher stated that he would encourage resources to put a public information/public relation campaign together to make the enforcement requirement less of a burden on the Police Department.
 

In accordance with state statutes the City Commission had:

• completed its preliminary budget for the upcoming fiscal year;
• placed the budget on file, open to public inspection;
• published notices of preliminary budget hearing;
• opened the public hearing on July 6, 2004; and,
• continued the hearing to July 20, 2004.

Mayor Gray declared the public hearing open. Speaking in favor of the Resolution was Patrick Gorton, 2919 5th Street Northeast. He stated the Budget was well presented

There being no one to speak against Resolution 9398, Mayor Gray closed the Public Hearing.

Commissioner Rosenbaum moved, seconded by Commissioners Hinz and Beecher, that the City Commission adopt Resolution 9398.

Commissioner Hinz commented that staff did a good job. Mayor Gray concurred. Commissioner Beecher stated that the budget was becoming harder to continue to provide the level of services to Great Falls with the budget constraints the City has. This may be one of the last years that the City could provide all the services due to revenue restrictions. He also stated that the citizen's needed to have more understanding of some of the challenges that are present in continuing to offer the level of service without a major increase in budget.

Motion carried 5-0.
 

NEW BUSINESS

Planning Director Ben Rangel stated that Resolution 9417 sets a public hearing for August 17, 2004, to consider the annexation of Eagle's Crossing Phase 1, a 59 lot residential subdivision located along the west side of the Bootlegger Trail about one-half mile north of 36th Avenue Northeast.

In April, the City and County Commissions conditionally approved the preliminary plat of Eagle's Crossing, Phase 1, a 59 lot residential subdivision located along the west side of the Bootlegger Trail about one-half mile north of 36th Avenue Northeast. The Planning Board, during a meeting held July 13, 2004, recommended approval of the final plat of Eagle's Crossing Phase 1 and annexation of the area contained therein subject to the following conditions: the applicant shall execute an Annexation Agreement; all applicable fees are paid; any errors or omissions on the final plat be corrected; final engineering documents for required public improvements serving the subdivision are approved by the Public Works; applicant must obtain all necessary approvals from the Montana Department of Transportation for the proposed approach onto the Bootlegger Trail.

It was anticipated Conditions 1-4 would be completed prior to the annexation hearing on August 17, 2004.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9417 expressing intent to annex Eagle's Crossing Phase 1 and setting a public hearing on the annexation for August 17, 2004.

Motion carried 5-0.
 

Ordinance 2883 assigns the following zoning classifications to Eagle's Crossing Phase 1 upon annexation to the City:

"A" Residence Use, "A" Area District for Blocks 4 and 5;
"A" Residence Use, "B" Area District for Blocks 2 and 3; and
"C" Residence Use, "C" Area District for Lot 1, Block 1.

In April, the City and County Commissions conditionally approved the preliminary plat of Eagle's Crossing, Phase 1, a 59 lot residential subdivision located along the west side of the Bootlegger Trail about one-half mile north of 36th Avenue Northeast.

Due to the variety of lot sizes offered in the subdivision, multiple zoning area districts are requested. Therefore, the minimum setbacks for structures in the subdivision would be:

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission accept Ordinance 2883 on first reading and set a hearing for August 17, 2004, to consider adoption of Ordinance 2883.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

City Manager John Lawton reported on some concerns regarding the City's water rights. As a community the City has many different assets and two of them are water and water rights. Like any other assets, water rights have to be maintained.

Fiscal Services Director Coleen Balzarini stated that in the fall of 2002, the City was asked to make available some of their water rights to International Malt Company (IMC). The City had to establish that it had available water rights, and if it did, it had to move them to the appropriate site, and needed to establish a price for any water rights that would be made available to IMC. The City retained Black and Veatch Engineer Consultants, who consult with the City on water and sewer rates. Ms. Balzarini stated that Mr. David Schmidt principle owner of Water Right Solutions based out of Helena, Montana, would provid information on the City's water rights.

David Schmidt, 303 Clark Street, Helena, Montana, reported that he reviewed the water rights associated with the City. Mr. Schmidt stated that in 1978 the State Legislature passed a law requiring everyone to re-file their water rights. He added that he reviewed the City water rights as the Department of Natural Resources and Conservation (DNRC) would. His findings were documented in a report he submitted to the City Commission for their review.
 

Commissioner Beecher reported that there were plenty of compliments from citizens regarding the flowers on Central Avenue that the Downtown Business Association had cooperated in.
 

ADJOURNMENT