1. James A. Super was sworn in as a representative of Neighborhood Council District No. 7, and Carol Weyer was sworn in as a representative of Neighborhood Council District No. 9.

2A. Aaron Weissman, NC 7, welcomed Mr. Super back to Neighborhood Council 7. Mr. Weissman requested that, if the City sells the sliver of park land by Gibson Park, the restrictions in effect remain in perpetuity. Mr. Weissman discussed budget cutbacks and concerns with the reassignment of the downtown police officer. The council is also concerned about increased parking fees. He requested that everyone work together to find a solution to this budget shortfall without increasing fees to promote downtown business.

2B. Sandra Guynn, NC 4, discussed the problems and deplorable conditions of the property at 4727 2nd Avenue North reported by tenants. Ms. Guynn requested that the City continue looking into condemning the property. Mr. Rattray responded that the Community Development Department initiated condemnation of the building on the west property line, and received right of entry into the two mobile homes that Ms. Guynn referred to and inspections will begin tomorrow.

Park and Recreation Director Marty Basta reported that this agenda item is to conduct a public hearing for the permanent naming rights of the dog park. The Animal Foundation of Great Falls is requesting that the City Commission approve the Pacific Steel & Recycling Trailside Dog Park as the name of the new dog park. The Animal Foundation received $30,000 from Pacific Steel & Recycling for the permanent naming rights of the dog park. The Great Falls Animal Foundation agreed to fund the construction of the dog park and the Park and Recreation Department has agreed to provide ongoing maintenance with the assistance of the Animal Foundation. The dog park is now complete and is scheduled to open in the Spring of 2009.

Mayor Stebbins declared the public hearing open.

Speaking in favor of Resolution 9783 was Aaron Weissman, 315 4th Avenue North. Mr. Weissman thanked Pacific Steel & Recycling for the generous donation in making the park a reality that will benefit the entire City of Great Falls.

Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission.

Commissioner Bronson moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9783 naming the Dog Park “Pacific Steel & Recycling Trailside Dog Park.”

Motion carried 5-0.

Planning Director Ben Rangel reported that in June, 2008, the City Commission approved the Preliminary Plat for Water Tower Park Addition.
Tim Spencer and Dana Hennen, doing business as TD Land Development, are the property owners and developers of this subdivision. The subdivision is located in North Great Falls, just southwest of the City’s water tower near 36th Avenue Northeast and Bootlegger Trail. It consists of 16 residential lots. Mr. Rangel requested that the City Commission accept Ordinance 3012 on first reading and set a public hearing for November 18 to consider assignment of City zoning. At that time, the City Commission will also be asked to approve the final plat of the subdivision and its annexation.

Commissioner Beecher moved, seconded by Commissioner Bronson, that the City Commission accept Ordinance 3012 on first reading, and set a public hearing for November 18, 2008.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Planning Director Ben Rangel reported that Harold Poulsen is the property owner and developer of this subdivision. The subdivision is located in South Great Falls and more specifically in the southeast corner of the intersection of 13th Street and 24th Avenue South. The subdivision is proposed to accommodate 26 single story residential condominiums. Mr. Rangel requested that the City Commission accept Ordinance 3020 on first reading and to set a public hearing for November 18 to consider assignment of City zoning. At that time, the City Commission will also be asked to approve the final plat of the subdivision and its annexation.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 3020 on first reading, and set a public hearing for November 18, 2008.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Community Development Director Mike Rattray reported that approval of this resolution will allow for the taxes generated from the renovation of this property to be added to the existing tax base over a five year period in increments of 20% each year. Russell Country Properties invested approximately $900,000 in renovating this apartment.

Commissioner Jolley moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9790.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. Commissioner Jolley commented that, instead of paying 100% of the tax the first year, this business will now pay 20% of the new tax in annual increments. Mr. Rattray explained that was correct on the new taxes generated from the renovation. Taxes will still be paid on the existing tax base.

Mayor Stebbins asked if there were any inquiries from the public. No one responded.

Motion carried 5-0.

Fiscal Services Coleen Balzarini reported that Resolution 9786 puts forth the City Commission’s intent to create a special improvement lighting district. Bootlegger Addition Phase I developers, McIntyre Enterprises and Murphy Real Estate, requested that the lights be installed within the first phase. There are eight lights that are proposed to be installed. If this resolution is adopted, a public hearing will be set and notices will be sent to the developer.

Commissioner Jolley moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9786, and set a public hearing for the creation of Special Improvement Lighting District – City-Owned Residential Lighting District 1303 for November 18, 2008.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson moved, seconded by Commissioner Rosenbaum, to appoint Michael Bates to a three-year term beginning October 21, 2008, and ending December 31, 2011, to the Great Falls Planning Advisory Board.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public. No one responded.

Motion carried 5-0.

Commissioner Bronson stated that Mr. Bates will be replacing Dr. Greg Madson who served on the Planning Board and the City/County Planning Board for several years. He had the pleasure of serving with Dr. Madson. There were many times they were the lone voices for bringing about some needed changes to the zoning and land development codes. It is rare to get a person with urban planning experience like he had. He will be missed.

City Manager Gregory T. Doyon thanked Mr. Doug Wicks for his efforts to preserve the integrity of the trail system. Some vandalism occurred under the overpass. He and others covered up the graffiti.

Park and Recreation Director Marty Basta reported that Park and Recreation came across a unique opportunity to provide park improvements for Warden Park. The Master Plan for Warden Park calls for trails and other amenities in that park that the City has not been able to afford. With the replacement of the bridge on Overlook Drive, there was a need for fill dirt. The Park and Recreation Department entered into an agreement with the contractor. In exchange for 30,000 yards of fill material, the City will receive in excess of $150,000 in park improvements including a southern connection to the River’s Edge Trail, about 2,500 feet of walking path in Warden Park, upgraded folf equipment and a kiosk for viewing the city.

Mayor Stebbins opened the meeting to Petitions and Communications.

In response to Mr. McKnight, Commissioner Jolley stated that she also attended the ECP Board meeting. She was happy about the two new board members and was looking forward to having more questions answered. Commissioner Jolley encouraged the other commissioners to review the box of trade secret documents.

Also in response to Mr. McKnight, Commissioner Beecher stated that it would be helpful if Mr. McKnight put his questions in a narrative form. It is hard to understand what the questions are. If his questions were put in writing, Commissioner Beecher promised that Mr. McKnight would receive a response at the next Commission meeting. With regard to what has been spent on ECP and SME, that information has been stated before. There is a $2 million dollar investment in SME. The audit shows an operating statement as well as an income statement of ECP which accurately states what the financial position has been, and what the operating losses are to date. The projection is that those losses will be brought to zero by the end of 2011. The demand to prove something to Mr. McKnight is outside of what has already been provided through audited financial statements and what has been said in numerous public meetings. Commissioner Beecher stated he has total confidence in the consultant on water issues. He does not believe a second opinion is needed. The reason the City is considering buying water rights is because they are proven water rights, as opposed to half of the Gibson water rights that were not proven. The underlying principle of water adjudication is that you have to prove that you have used that volume. Also, Mr. Gessaman’s comment at the last meeting that this Commission does not support green jobs is not factual. This Commission is a good financial supporter of GFDA which has made and is making numerous approaches to green wind power and other types of green power and employers hoping to attract them to our community.

Mayor Stebbins apologized to Carol Olthoff for not returning a phone call and stated that she would visit her tomorrow. Mayor Stebbins wished everyone a happy Halloween.

Commissioner Rosenbaum concurred with Commissioner Beecher’s comments regarding the water rights. The legislature established the fact that if you haven’t used it, you don’t have it. As far as the losses of ECP, Commissioner Rosenbaum stated that he puts his trust in the qualified staff and the licensed auditors evaluating our finances.

Commissioner Bronson extended an invitation to Carol Olthoff to discuss the issue that she raised in a phone call. Mr. Bronson read a quote from a decision of a water master handed down three years ago in connection with the adjudication of the Clark Fork Basin of the Yellowstone River. That opinion analyzes the argument that we could, somehow, argue for a greater right on the part of municipalities to use water. There is no basis for that argument and there has never been an exception in Montana statute or Montana Supreme Court case law which inoculates municipalities from application of the law concerning the appropriation of existing water rights. There is no such thing as a Great and Growing Cities Doctrine. If this State were ever to adopt such a doctrine to the benefit of municipalities it would totally undue 160 years of water law in the American West to the detriment of agricultural users and to the detriment of other people who utilize water. Commissioner Bronson stated that he finds no basis for this Commission to go back and amend its decision that it made, or the former City Manager made, to amend the water rights to keep them in line with the uses that it actually put water to in previous years.

Commissioner Bronson stated that this Commission has yet to respond to City Manager Doyon’s Memo and conversations to the Commission at agenda meetings for guidance on what the City should do in terms of its continuing relationship with HGS and SME, in particular, and for direction with respect to the continued operation of ECP. Commissioner Bronson has given Mr. Doyon’s suggestions and ideas a great deal of thought, he has listened to comments from folks in the community, and he has attended some of the SME Board meetings and met the people who make up that Board. Commissioner Bronson circulated to the Commission a draft of suggested directives to Mr. Doyon. He invited the Mayor and Commissioners to review and develop a consensus to direct Mr. Doyon as to what this Commission would like to see him and staff doing. Commissioner Bronson summarized his memo to state that he believes this Commission should direct Mr. Doyon that the City should maintain its current relationship with SME as a customer of electric power services, maintain the contracts that ECP has with that entity, and not join the new entity to pursue the actual development and construction of HGS. If it is the consensus to maintain a customer relationship with SME, Resolution 9537 will need to be amended. With regard to the continued structure and operation and ECP, it is obvious with the way that entity was set up through Ordinance 2925 and Resolution 9529, it does have to be restructured. He would like to see ECP remain as an advisory body to this Commission.

There being no further business to come before the Commission, Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the regular meeting of October 21, 2008, be adjourned at 8:27 p.m.

Motion carried 5-0.

Minutes Approved: November 5, 2008