PUBLIC HEARINGS

Acting Park and Recreation Director Patty Gumenberg reported that the proposed lease with the Great Falls Softball Association would be for a two year term, beginning the February 1, 2005, and ending December 31, 2006. Upon completion of the initial two years, the City, at its sole discretion, may terminate the lease or grant a two-year extension.

The rental fee would be $1 for the term of the lease. In addition, the Great Falls Softball Association would be responsible for all utilities, including but not limited to electricity, water and natural gas. They would retain all revenues and be responsible for all expenses related to the operation of the Multi-Sports Complex, softball programs and all additional programs conducted at the Complex, and would be required to provide detailed accounting information, including monthly and annual reports.

The Great Falls Softball Association would also be responsible for all maintenance of the facility and ensure the Complex is in the same or better condition than when it was maintained by the City.

On January 10, 2005, the Park and Recreation Board, at its regular meeting, discussed the proposal and voted unanimously in favor of the lease.

Mayor Gray declared the public hearing open. Randy Ritter, unknown address, stated that he approved of the lease.

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

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve a two-year lease of the Multi-Sports Softball Complex to the Great Falls Softball Association.

Commissioner Beecher asked staff if the City could exercise the sixty-day termination clause anytime during the lease. He suggested reviewing the records after each season ended. Acting Park and Recreation Director Patty Gumenberg stated that if the Softball Association defaulted on the lease, the sixty-day termination clause could be exercised.

Motion carried 5-0.
 

City Attorney Dave Gliko stated that the community and City Commission expressed concerns with the degradation of the appearance of the City brought about by the proliferation of signage and outdoor advertisement by casino gambling establishments.

Following a public hearing, Montana Code Annotated (MCA) 76-2-306, permits cities to adopt interim zoning ordinances as urgency measures for an initial period of six months prohibiting any land uses detrimental to the community pending the establishment of permanent zoning for such uses. In conjunction, MCA 23-5-171, permits cities to prohibit gambling in certain zoning districts to protect the health, welfare and safety of the community.

The proposed interim zone would prohibit casino gambling in all zoning districts except in the B-3 District (Central Business District) and in First and Second Industrial Districts. Casinos are defined by the following characteristics: 1) The establishment was referenced as a "casino" or "gambling establishment" by signage, advertisement or by name; and/or 2) Five or more gambling machines are on the premises; and/or 3) A card table is on the premises. In addition, the following separation requirements for casinos apply: 1) casinos shall not be located within 350 feet of any residentially zoned property and, 2) casinos shall not locate within 600 feet of an educational facility (Kindergarten through post-secondary), worship facility, park or playground; and, 3) casinos shall not locate within 350 of any other casino; 4) casinos shall not locate on premises operating a sexually-oriented business.

All other forms and locations of authorized gambling (less than five machines) were deemed de minimis and prohibited in all zoning districts except in General Commercial Districts, the B-3 District, and in First and Second Industrial Districts.

On February 18, 2003, the City Commission adopted Ordinance 2843 placing a six month moratorium on gambling establishments within the City pending the adoption of a Growth Policy and a Land Development and Zoning Code. A Growth Policy was approved by the City Commission in May of 2003. A draft of the Land Development Zoning Code has been prepared and is in the final stages of review.

On August 19, 2003, the City adopted Interim Zoning Ordinance 2859 prohibiting gambling in all zoning districts except: General Commercial District, B-3 District, First and Second Industrial District, it was extended for one year on February 17, 2004. Ordinance 2859 would, again, expire on February 17, 2005. Interim Zoning Ordinance 2900, if adopted would become effective immediately, superceding all other zoning ordinances, prohibiting casino gambling in certain districts within the City.

Mayor Gray declared the public hearing open. John Hayes, 619 Carol Drive, representative of the Tavern Association, introduced Mr. Loran Keller to share comments that they worked on together.

Loran Keller, 25 Comanche Trail, representative of CasiNo, stated that Ordinance 2900 was a step in the right direction. He added that he and Mr. Hayes jointly request that the Commission pass Ordinance 2900. He also asked the City to work with the County Commissioners in order to protect the City's entryways and the border areas. Another area of concern was signage and the sign code. He asked that representatives from the Tavern Association and the CasiNo be allowed to participate on the sign code committee in order to help foster workable solutions to problems identified.

Randy Kuiper, 3328 Eagle Court, Neighborhood Council 1, stated that he encouraged the zoning to make Great Falls a more beautiful place to live.

Don Mecham, 2704 2nd Avenue South, stated that he was not sure if he supported or opposed the interim zoning for Casino gambling. He added that he had concerns about any loopholes establishments would find to allow some kind of signage in another form of gambling.

Tim Spencer, 3332 Eagle Court, asked to define the measuring distance between establishments. City Attorney Dave Gliko stated that the 350 foot distance was measured by direct lines between closest property boundaries. He added that the definition of casinos was for purposes of this interim zoning ordinance, and meant any and all establishments that offer legalized gambling authorized under MCA Title 23, Chapter 5, Part 1, and where any one of the following characteristics applied: the establishment was referenced as a "casino" or "gambling establishment," or substantial equivalent, by signage, advertisement or by name; and/or five or more gambling machines were on the premises; and/or a card table is on the premises. He added that any one of these descriptions was enough to fall in the criteria of casino.

Kendra Owen, 1004 El Paso Drive, asked the Commission and staff that when considering zoning that they consider the stakeholder of establishments that have been in the family for generations. She would like to see this ordinance a little stricter because there were some casinos that have already taken down signs and were trying to work together with the community. One of the businesses was "The Shamrock" casino. They had removed one of their signs and other places were considering removing their casino signs. Ms. Owen stated that this was a start to making Great Falls look like a better place.

Ben Forsyth, 900 9th Street South, stated that Ordinance 2900 would help the community look better and bring more people into the area. He suggested he would like the Ordinance to require casinos be moved to a less visible area.

Gloria Smith, 8 Cheyenne Drive, stated that she supported Ordinance 2900.

George Gallagher, 4701 Williowdale Lane, stated he supported the Ordinance and was concerned about the casinos moving into the West-Bank River Corridor.

There being no one further to speak in support of or opposition to Ordinance 2900, Mayor Gray declared the public hearing closed.

Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission adopt Interim Zoning Ordinance 2900 prohibiting casino gambling in all zoning districts in the City of Great Falls except in the B-3 District (Central Business District) and in First and Second Industrial District pending the adoption of a new and comprehensive land development and zoning code inclusive of zoning for gambling uses.

Commissioner Hinz stated she strongly supported exercising zoning in City.

Commissioner Rosenbaum stated that the area between 15th Street to 26th Street that Mr. Gallagher mentioned was an area where casinos would not be allowed.

Assistant City Manager Cheryl Patton concurred with Commissioner Rosenbaum and added that with distance requirements there was no possibility of casinos going into that area.

Mayor Gray stated that he supported Ordinance 2900 and thanked staff, the Tavern Association, and the CasiNo group for all their hard work. He added that the process captured the attention in the City and people worked together to accomplish goals. He also added that local businesses were volunteering to remove or change their signs.

Motion carried 5-0.
 

OLD BUSINESS

City Manager John Lawton reported that the declared purpose of state regulation and control of the manufacture, sale, importation and distribution of alcoholic beverages within Montana was to protect the "welfare, health, peace, morals and safety of the people of the state." The quota on the number of liquor licenses allowed within a city and within five miles of the city limits for all-beverage licenses, beer licenses and restaurant beer and wine licenses was set by state statute. For Great Falls, including the five mile area beyond city limits, the number of premises with all-beverage licenses exceeds the state quota by twenty-two; the number of premises with beer licenses exceeds the state quota by one; the number of premises with restaurant beer and wine licenses were within quota by a margin of ten.

Mayor Gray asked if there were any public comments. Tim Spencer, 3332 Eagle Court, stated that they were proposing a bill to the legislators in regard to the over quota of liquor licenses.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission deny Ordinance 2892 establishing a six month moratorium prohibiting the future establishment of additional premises with all-beverage and beer licenses in Great Falls until the state quota permits additional licenses for such premises in Great Falls.

Mayor Gray stated that he was dissenting because he remained troubled by the way the State was handling the over-quota licensing.

Motion carried 4-1 (Mayor Gray dissenting).
 

NEW BUSINESS

Planning Director Ben Rangel reported that Ordinance 2899 assigns a zoning classification of "A" Residence Use, "A" Area District, to East Ridge Phase 2, upon annexation of same to City. The development consists of a 7 lot single-family residential subdivision along segments of 13th Avenue South and 43rd and 45th Streets South.

On April 13, 2004, the Planning Board held a public hearing and at the conclusion they recommended the City Commission assign the zoning classification of "A" Residence use, "A" Area District, to East Ridge Phase 2, upon annexation to the City. It was anticipated the City Commission, following the public hearing on March 1, would consider an annexation resolution, annexation agreement and final plat for East Ridge Phase 2.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2899 on first reading and set a public hearing for March 1, 2005, to consider adoption of Ordinance 2899.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

CITY MANAGER.

CITY COMMISSION.

ADJOURNMENT