PUBLIC HEARINGS

Assistant City Manager Cheryl Patton reported that Interim Ordinance 2860 was adopted on August 19, 2003, for six months and extended for one year by Commission action on February 17, 2004. This ordinance would expire February 17, 2005, unless it was extended for an additional year and allow time for the finalization and adoption of a new Land Development and Zoning Code.

The regulations in Ordinance 2860; prohibit sexually oriented businesses in all zoning districts except general commercial, first and second industrial; provide a distance limitation of 600 feet from similar businesses; provide a distance limitation of 600 feet from public parks, day cares, churches and residentially zoned property; prohibit the distribution or consumption of alcohol on such premises; and require Design Review Board approval before building or occupancy permits can be granted.

Mayor Gray declared the public hearing open. Helen Hackett, 915 Avenue A Northwest, supported the extension of the Ordinance.

Loren Keller, 25 Comanche Trail, representing the CasiNo group, stated they were concerned about certain areas where the sexually oriented businesses could locate even with the restrictions. Planning Director Ben Rangel described the locations where these types of businesses could locate. Mr. Keller suggested eliminating the general commercial areas from the ordinance.

Kendra Owens, El Paso Drive, concurred with Mr. Keller.

Robert Alfred, 2601 26th Street South, provided a copy of an ordinance from Three Forks, Montana, and asked the Commission to consider it when finalizing the zoning code.

There being no one further to speak in support of or opposition to Ordinance 2860, Mayor Gray declared the public hearing closed.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve a one-year extension of Interim Zoning Ordinance 2860 for sexually oriented businesses.

City Attorney Dave Gliko stated that the businesses were protected by the First Amendment of the Constitution as a medium of expression, and must be given a reasonable opportunity to operate. He added that restricting these businesses to only industrial zones could jeopardize the legality of the Ordinance.

Motion carried 4-0.
 

NEW BUSINESS

Planning Director Ben Rangel reported that Ordinance 2901 assigns a zoning classification of "C" Residence Use, "B" Area District, to Lot 1, Block 2, First Addition to Great Falls Clinic Addition upon annexation to the City. The property is located east of 29th Street South along the north side of the easterly projection of 15th Avenue South.

On October 26, 2004, the Planning Board held a public hearing and at its conclusion recommended the City Commission annex Lot 1, Block 2, First Addition to Great Falls Clinic Addition, and assign a zoning classification of "C" Residence Use, "B" Area District, to Lot 1, subject to the applicant paying any remaining annexation fees, entering into an annexation agreement and providing an easement to accommodate a water main from Aspen Village to 29th Street South.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission accept Ordinance 2901 on first reading and set a public hearing for March 15, 2005, to consider adoption of Ordinance 2901.

Motion carried 4-0.
 

Planning Director Ben Rangel reported that Ordinance 2902 assigns a zoning classification of "C" Residence Use, "B" Area District, to Lots 1 & 5, Block 1, Medical Tech Park Subdivision, with a conditional use allowing for office buildings on Lot 1. The subject property is located between 26th Street South and the MSU College of Technology.

On October 26, 2004, the Planning Board held a public hearing and at its conclusion recommended the City Commission annex the property and assign a zoning classification of "C" Residence Use, "B" Area District, subject to the applicant paying any remaining annexation fees and entering into an annexation agreement.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2902 on first reading and set a public hearing for March 15, 2005, to consider adoption of Ordinance 2902.

Motion carried 4-0.
 

Assistant City Manager Cheryl Patton reported that City staff and community members expressed concerns with the current animal control situation and the need was identified to conduct a comprehensive review of animal control ordinances, fees, and related issues. At the Commission Work Session on February 1, 2004, Chuck Tourtillott, Director of the Humane Society of Cascade County, presented a proposal to create a Blue Ribbon Committee to research these concerns.

Resolution 9461 provides for the creation of this Blue Ribbon Committee and specifies the committee submit a progress report within two months that includes a schedule outlining its work and when a final written report with recommendations would be submitted to the Commission for consideration. Membership of the committee would include members from: the Police Department, Park and Recreation Department, Humane Society of Cascade County, Cascade County Sheriff's Office, at-large community member, a veterinarian, and a member from a Neighborhood Council.

Chuck Tourtillott, Director of the Humane Society of Cascade County, stated that this process was long overdue and that the Blue Ribbon Committee would be effective.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9461.

Commissioner Jovick-Kuntz asked how the public could apply for the community member position. She also asked if the public could attend its meetings. Assistant City Manager Cheryl Patton stated that anyone interested for that position could fill out an application and that the City would be taking applications in the next two weeks. She added that all committee meetings were opened to the public

Motion carried 4-0.
 

CONSENT AGENDA

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

City Manager John Lawton reported that the Medical Corridor had grown over the years without a plan and approving the consultant services agreement could bring more development around Benefis East Campus and the Great Falls Clinic. The cost of the plan is $137,150 and would be funded jointly by the City, Great Falls Clinic and Benefis Healthcare. The project master plan should be completed by the end of 2005.

Motion carried 4-0.
 

CITY MANAGER.

CITY COMMISSION.

ADJOURNMENT