There were no miscellaneous reports or announcements from neighborhood council representatives.

Mayor Winters opened the meeting to Petitions and Communications.

Planning and Community Development Director Michael Haynes reported that this item relates to the request for a 90-day moratorium on issuing any Safety Inspection Certificates or Home Occupation Licenses for medical marijuana providers to allow staff time to research and recommend regulations for this use. A Safety Inspection Certificate or Home Occupation License is needed to conduct any business in the City of Great Falls. Mr. Hayes made the following points:

1. Medical Marijuana was legalized when Initiative 148 was approved by the voters of Montana in November 2004. Staff is asking for the moratorium, not to prohibit the use, but to regulate where and under what conditions providers can operate in the City of Great Falls.
2. There is no standard for regulating medical marijuana providers in Montana. He had contact with Planning Directors from cities all around the state regarding their regulations. At either ends of the spectrum are Missoula that has almost no regulations based on deferring to state law and Helena that prohibits the use entirely within city limits based on deference to federal law. Of course, most cities fall somewhere in between and that seems to be a reasonable starting place.
3. This moratorium, if approved, would not affect the rights of patients or their right to grow and use their own marijuana. It would place a temporary hold on the City issuing Safety Inspection Certificates or Home Occupation Licenses for medical marijuana providers.
4. With regard to the claim that the moratorium would be forcing providers to conduct their business in back alleys, Mr. Haynes reiterated that the City has never knowingly issued a Safety Inspection Certificate or Home Occupation License for a medical marijuana provider. Mr. Haynes expressed “knowingly” because staff relies on applicants to complete license applications honestly and completely. As reported in the Tribune after the last City Commission meeting the City received an application for a Safety Inspection Certificate listing the business as “consulting.” When staff reviewed the application and noticed the name of the business was “Green Leaf,” staff followed up with the applicant. Only then did the applicant admit the business was a medical marijuana provider. The applicant was then advised the City could not issue the Safety Inspection Certificate.
5. Finally, for those business-owners that have explained how they run legitimate businesses with verifiable qualifying patients, tracking systems and accounting rules, City staff hopes to have the opportunity to visit those operations as part of their research. Regulating this use is not intended to impede legitimate business operations. It is intended to preclude state law being used as cover for criminal activity.

After conducting the public hearing, Mr. Haynes requested that the City Commission adopt Ordinance 3049.

Acting City Attorney Chad Parker encouraged the Commission to refer to the agenda report and references of law, § 76-2-306, MCA, and Title 5 of the City Code. He noted that drafting the language of this proposed ordinance was done in conjunction with advocates of medical marijuana provider groups. One of the advocates, Mr. Jason Christ, represents a large number of the people present tonight and indicated that most of the language was acceptable to the group.

Speaking in support of Ordinance 3049 were: Don Johnson, owner of Fitness Plus Martial Arts Academy, residing at 124 Riverview 8 West; Dr. Paul Gorsuch, local physician; Greg Beers, 3418 Falcon Court; Ben Forsyth, business owner at 900 9th Street South; and, Roger Curtis, 1600 2nd Avenue South.

The general comments of the proponents were:

• The location of medical marijuana businesses should not be allowed in close proximity to any other business whose primary function is youth care, education or recreation, nor should it be allowed in residential areas.
• As with any medication, it should be controlled and distributed within the confines of the medical community by licensed professionals.
• Physicians issuing green cards are not managing the patients and none of the typical medical safeguards apply to the Medical Marijuana Act.
• Use of marijuana remains a federal crime.
• Parameters must be set that will allow the community to be a safe, desirable place to live, and to provide a safe environment for those who are using marijuana to alleviate medical symptoms.
• The number of registered users in the state has risen exponentially since 2007.
• Green card holders with criminal intent to benefit financially will abuse the Medical Marijuana Act.
• If additional time isn’t allowed to carefully consider where the businesses can be located and regulation of its use, there will be significant risk to public health and safety.

Several proponents encouraged the City and County Attorneys to write the Attorney General regarding the harm the Act has caused and to suspend the law until the next legislative session.

Speaking in opposition to Ordinance 3049 were: Jason Christ, Manager of Montana Caregivers Network, Missoula; Carl Jensen, Attorney, 118 17th Avenue NW; Trevor Giger, 1415 8th Avenue North; Pam Birchard, 95 Fisher Road; Tim Spencer, business owner 618 Central Avenue; Derick Deese, Missoula; Carl DeBelly, Attorney, Billings; Joy Spencer, 2720 Rainbow Dam Road; Rick Rosio, President of Montana Pain Management, Missoula; Douglas Adcock, 1110 4th Avenue South; Ken Lindeman, Belt; Melody Brown, Attorney, 817 Central Avenue West; Mark Frisbie, 616 7th Avenue South; Leon Tirums, Cascade; Tom Daubert, Helena; Chris Pettibone, 1714 Colorado; Brandon Peressini, 1513 Balsam Court; and, Beth Regennitter, 417 27th Street NW.

The general comments of the opponents were:

• Medical marijuana is known to help over 1,000 ailments.
• Existing zoning requirements are already in place for businesses. Prohibiting patients from being able to grow medicine or to become caregivers puts an unnecessary burden on them.
• Allow the legitimate use of this business to provide revenue to the city and county.
• More regulation should be placed in the Medical Marijuana Act itself, rather than the location of the providers.
• Applications should be considered on the merits.
• City codes already address parking and fire codes.
• Moratorium isn’t necessary while staff performs research. A temporary permit should be issued instead.
• The moratorium denies patients access to their medicine.
• The state has already granted a property interest in this particular business. The City should be careful in denying access to that property interest.
• Illegal use of green cards falls in the hands of law enforcement.
• Two applications for business licenses do not cause blight.
• There needs to be a clearly defined separation from church and state and personal views when it comes to dealing with the law and how it applies to the citizenry.
• No fires, crime waves, or blighting effects have occurred since the Act was passed five years ago. The legal grounds for an emergency ordinance have not been shown. The use of § 76-2-306, MCA, for the moratorium is misuse of the law.
• Zoning can only address a handful of the concerns addressed. Most of the concerns require legislative action.

There being no one else to address the Commission, Mayor Winters closed the public hearing.

Commissioner Bronson moved, seconded by Commissioner Jones, that the City Commission adopt Ordinance 3049 with the following technical amendments that he proposed and distributed to the Commission prior to the meeting:

Section 3, l. 1: Delete words City of Great Falls and substitute the words City Commission;

Section 4, ll. 1, 3: Delete words City of Great Falls and substitute the words City Commission; delete words City of and add the word Advisory; and, delete the word Planning; and,

Section 7, l. 5: Delete word had and insert word have.

Mayor Winters asked if there was any discussion amongst the Commissioners.

Commissioner Bronson commented that, with respect to the motion and comments made, state law grants caregivers and patients a little zone of opportunity where marijuana use is permitted. The laws also recognize to a large degree marijuana use is still considered a crime within the State of Montana. Regardless of how the State feels, the federal government feels very strongly that marijuana use is a crime. With regard to the comments about property rights and vested interest, there is no such thing as an absolute property right under our laws. Everything is ultimately conditioned to some degree. State law may grant certain rights to do certain things, but local governments are often left with the task to make the decision where to conduct that legal business. Local governments have the right to condition where that may be, hours of operation, and other terms of how to conduct the business. The legislature is not going to step into that territory. It leaves that up to local governments to craft a solution to fit the community. All lawful businesses operating in this community are subject to zoning ordinances to a certain degree.

A few years ago this community adopted a comprehensive Land Development Code. At that time, no one had any idea that five years down the road there would be the possibility of businesses involved in the dissemination of medical marijuana. It is appropriate to allow a reasonable amount of time to conduct a careful study and make decisions as to what would be the most appropriate way to handle the allowance of this type of business.
If the Commission passes this ordinance, Commissioner Bronson encouraged those that had something to offer to the process to work with the Planning Advisory Board and Planning and Community Development Department to do this in a way the community will find acceptable.

Commissioner Burow commented that he doesn’t want people setting up a business today, and be in violation tomorrow. Staff needs adequate time to gather information. During this time, medication is not being prohibited.

Commissioner Jolley commented that she does believe the ordinance prohibits patients from getting medical marijuana from their caregivers. She believes staff should have performed the safety inspections.

Mayor Winters commented that he heard the term “fear” used several times this evening. It is reasonable to allow staff an adequate timeframe to study what should be done in the best interest of everyone.

Park and Recreation Director Marty Basta reported that the Great Falls Baseball Club Inc. (“GFBC”) has made requests to the City Commission over the past couple of years to assist in financing the completion of the Centene stadium improvements. The stadium was built in the 1940’s and is owned by the City. It has been leased to the GFBC in connection with a minor league baseball franchise since 1950. In October of 2002, major stadium renovations were awarded to bring the stadium up to current minor league baseball standards. The GFBC has provided significant economic contribution to the City and has provided great family entertainment value. The final phase of the stadium renovation has been estimated to cost $1.46 million. Staff was directed to seek funding options for the stadium improvements in conjunction with the GFBC. GFBC is requesting funding from the City in the amount of $345,772. The remainder of the $1.4 million project to complete renovations to the City’s baseball stadium would be paid directly by the GFBC or with grant funds.

At the January 11, 2010, Park and Recreation Advisory Board meeting, a request was made by the GFBC to fund 50% or $172,886 of the City’s share of the stadium renovation project from the Park Trust Fund. The Park Trust Fund provides for capital improvements to parks and derives its revenues from park land leases, the sale of park land and cash in lieu of park land as outlined in § 76-3-621, MCA. The stadium is located in Legion Park. The Park and Recreation Board unanimously approved the request.

The $172,886 balance of the City’s share of the $1.46 million project will be borrowed from the Central Garage Equipment Replacement Fund over eight years at an interest rate of 3.25%. This interest rate is greater than interest earnings being realized by the Central Garage Fund at this time. The loan would be paid back to the Central Garage Fund utilizing the annual stadium lease payment paid by the GFBC of $8,800 and the Pasta Montana annual lease payment of $18,000. The stadium lease payments are currently going into the General Fund while the Pasta Montana lease payments are going into the Park Trust Fund. As a condition of the MOU, the City’s funds will not be released until the GFBC has raised the balance of the funds for the project and provided proof of same to the City’s satisfaction. The City will endeavor to partner with the GFBC to use the stadium for outdoor events and concerts which would generate additional revenues.

Commissioner Jones moved, seconded by Commissioner Bronson, that the City Commission approve the Memorandum of Understanding with the Great Falls Baseball Club.

Mayor Winters asked if there were any inquiries from the public.

Ron Gessaman, 1006 36th Avenue NE, commented that the agenda report states that a 50 year lease was entered into on April 6, 1999, at an initial cost to the GFBC of $58,000. The lease amount is scheduled to increase 10% every 5 years for the life of the agreement. Mr. Gessaman inquired why GFBC’s current lease payment is only $8,800. Additionally, he suggested a time limit be set forth in the MOU for GFBC to raise $1,150,000.

City Manager Gregory T. Doyon explained that when the MOU was being drafted, the expectation was that it wouldn’t take GFBC too long to raise the funds, but a timeframe was a good suggestion.

Vinney Purpura, President of the Great Falls Baseball Club, residing at 127 Hawk Drive, commented that it is the GFBC’s intention to raise the additional funds needed by a private placement of securities and to do so immediately. Following all of the legal requirements, his belief is that the funds will be secured within 90 days. Mr. Purpura added that if he has, in fact, guarantees from those investors, those investors would be willing to commit to the GFBC immediately a loan of funds to allow construction to begin as quickly as possible. If the MOU is approved, the GFBC is prepared to meet with architects and potential builders and have something in place by the end of February.

Commissioner Burow requested clarification of the time limit when the funds would be available, and was informed by Mr. Purpura within the next 90 days.

Mr. Doyon suggested that 120 day language be added to the MOU. If the GFBC funding isn’t completed within that timeframe, it will come back before the Commission.

Commissioner Jones moved, seconded by Commissioner Bronson, that the City Commission approve the Memorandum of Understanding with the Great Falls Baseball Club, with the amendment to the last sentence in paragraph 4 by inserting the words “within 120 days.”

Brett Doney, Great Falls Development Authority, residing at 3048 Delmar Drive, applauded the City, GFBC, and Park Trustees.

Amended Motion carried 5-0.

Commissioner Burow inquired and Mr. Doyon responded that he would follow up Mr. Gessaman’s question why the GFBC current lease payment is $8,800 instead of $9,600 and will report back to the Commission.

Police Chief Cloyd Grove reported for years there has been an informal agreement in place that certain portions of roadway will be investigated by either the MHP or the GFPD regardless of whether it is included within the City limits of Great Falls. This practice has been followed in order to provide a timely response to the citizens. Because of the nature of some roadways, completely surrounded by City limits yet a portion of the roadway is out of the City limits, it is only practical to have the Great Falls Police Department take enforcement responsibilities. Enforcement of these areas will provide a consistent and timely response to any incident at that location. By formalizing this long standing agreement it will clarify for both agencies and the Dispatch Center any issues that may arise in the future regarding calls for service and enforcement responsibilities.

Commissioner Bronson moved, seconded by Commissioner Jones, that the City Commission approve the Memorandum of Understanding between the Great Falls Police Department and Montana Highway Patrol and authorize the City Manager and Police Chief to sign the Memorandum of Understanding.

Mayor Winters asked if there was any discussion amongst the Commissioners or inquiries from the public. Hearing none, Mayor Winters called for the vote.

Motion carried 5-0.

Police Chief Cloyd Grove reported that every year some of the patrol fleet is replaced. The replaced vehicles are then placed in a secondary line of the fleet. This year, two bids were received. City Motors of Great Falls was the low bidder.

Commissioner Jones moved, seconded by Commissioner Bronson, that the City Commission approve the bid award for six new 2010 police pursuit vehicles to City Motors of Great Falls for $130,385.

Mayor Winters asked if there was any discussion amongst the Commissioners or inquiries from the public. Hearing none, Mayor Winters called for the vote.

Motion carried 5-0.

Public Works Director Jim Rearden reported that under federal and state law mobile home parks of a certain size, 15 service connections or larger, are considered public water systems. Along with that designation come certain sampling and reporting requirements. Under a recently enacted state administrative rule, mobile home parks are excluded from some of these requirements if the mobile home park purchases its water from a larger utility. To be eligible for these exclusions, the mobile home park or consecutive system, as they are referred to in state law, must have a written agreement with its water provider. The City has been contacted by three different mobile home park owners to date to enact this agreement. The proposed consecutive system agreement requires the City to include the population of the consecutive system when determining sampling and reporting requirements, and also to provide the system owner with public notices and a Consumer Confidence Report. The City already does these things and, therefore, there is not additional burden or expense to the City as a result of this agreement. The agreement in no way makes the City responsible for the mobile home parks’ internal systems. It simply removes duplication requirements for some of the City’s users.

Commissioner Burow moved, seconded by Commissioner Jolley, that the City Commission approve the Consecutive System Agreement and allow it to be offered to Consecutive Water Systems for their consideration.

Mayor Winters asked if there was any discussion amongst the Commissioners or inquiries from the public. Hearing none, Mayor Winters called for the vote.

Motion carried 5-0.

City Manager Gregory T. Doyon asked the Commission if it wanted him to work on re-writing Ordinance 2925 regarding ECP. Mayor Winters responded that it was the consensus of the Commission not at this time.

Commissioner Bronson welcomed Jim Rearden back after an illness.

There being no further business to come before the Commission, Commissioner Bronson moved, seconded by Commissioners Burow, Jones and Jolley, that the regular meeting of February 2, 2010, be adjourned at 11:20 p.m.

Motion carried 5-0.

Minutes Approved: February 16, 2010