| City Commission Work Session | Mayor Joan Bennett presiding |
CALL TO ORDER: 5:45 P.M.
PRESENT: Mayor Bennett, Commissioners Beecher, Downer, Gray, and Rosenbaum. Also present were City Manager, City Attorney, Directors of Community Development, Acting Director of the Fairgrounds, Park & Recreation, Fiscal Control, Management Information Services, Library, Public Works, Fire Chief, Police Chief, and City Clerk.
Michael Beggs, owner of the property located at 1604 1st West Hill Drive, requested a variance to OCCGF 17.45.030. Initially, Mr. Beggs sought a variance that would reduce the required side yard setback from 6' to 3'. However, during the hearing before the Board of Adjustment, he agreed to amend the request. Consequently, the applicant sought to reduce the required 6' side yard to 5'. Mr. Beggs wanted to build an attached garage.
The Board of Adjustment heard the request on Thursday, April 23, 1998. Following the presentations from Staff and several neighbors, the Board voted unanimously to recommend approval of the amended request.
It was the consensus of the City Commission to concur with the Board of Adjustment's recommendation.
Al Bimler, owner of Jerry's Radiator Service, appealed the Design Review Board's dictum that called for the partial reestablishment of the boulevard area or the payment of a boulevard use fee. Mr. Bimler's appeal was based on his contention that the boulevard use in question was a previously existing use and that other businesses within the City enjoy a similar uncontested use. The Design Review Board contended that the use of the boulevard was never advanced in the review process and was not reflected on the site plan or on the pictorial representation provided at the time of the project review. Futhermore, the Board attempted to meet Mr. Bimler half way and offered alternate solutions that did not require the complete removal of the concrete. The compromise solutions were not accepted by Mr. Bimler.
Steve L'Heureux, representative of the Design Review Board, over-viewed the Board's recommendation to the City Commission.
Mr. Al Bimler replied stating that the use of the boulevard was never discussed during the Design Review Process and contended that there are many other businesses in Great Falls who enjoy the same benefit he was being asked to remove or pay for. He suggested that the option of paying the boulevard fee was too expensive and the other option of cutting out the concrete was also cost prohibitive. He did suggest that he could put rocks on the concrete to keep people from parking on the City boulevard. Mr. Bimler added that in talking with his neighbors, they do not have any concerns with the portion of the boulevard done in concrete.
Cheryl Patton, Community Development Director, explained that grand fathering Mr. Bimler in was not an option because the recent construction of an addition to the existing building eliminated the grandfathering option.
Commissioner Rosenbaum asked Mr. Bimler to clarify the site plan. Mr. Bimler stated that the trees shown on the site plan where the concrete was currently poured were old trees and were removed.
Commissioner Gray stated he was sensitive to Mr. Bimler's concern, however, he tended to agree with the position of the Design Review Board. He added that this business is in a residential area and that he did not believe the Design Review Board was asking too much in their request for more vegetation and less concrete.
Commissioner Downer concurred. He added that it was important to make the building more attractive for the residents.
Commissioner Rosenbaum stated it wasn't difficult to look at the plan and know that area should not have been concrete and the contractor should have verified it before they poured it. He added that the contractor submitted one thing prior to the construction and another thing was built. He reminded Mr. Bimler that the Design Review Board was willing to compromise, however, Mr. Bimler would not.
It was the consensus of the City Commission to concur with the Design Review Board.
Mr. Lawton, explained that City staff had been approached by Reid Peterson, General Manager for the Americans, with a proposal for the Americans to increase revenue for the franchise. Mr. Peterson suggested that the City allow the Americans to operate the beer concessions and retain the profits from the sales.
In reviewing this proposal, Staff determined that the City would lose approximately $10,000 annually from the beer sales and that the consignment of the State liquor license was against State law. Mr. Lawton sent the Americans a letter denying this request and stated that if the Americans wanted to generate additional revenue the City would be open to any idea that would allow the City's revenue base to grow as well.
Mr. Peterson appealed this decision to the City Commission. Before Mr. Peterson addressed the City Commission, Commissioner Downer addressed the Commission and the audience. Mr. Downer complimented the hockey league for their positive influence in the community. He added that he was concerned about taking away a portion of revenue needed by the Fairgrounds. He stated that sub-leasing the liquor license would only open the door to other requests.
Mr. Downer suggested another possibility to help the Americans' bridge their funding gap was to use economic development revolving funds. Mr. Downer stated that some funds were available. He continued stating that this suggestion was not to be interpreted as a "done deal" and that the funds would automatically be available for them. He stated that the Americans would need to submit a business plan which should include plans to increase attendance and promotional aspects of the sport. He suggested the plan should also include attendance targets and dates to meet them. Mr. Downer also said that there would be a need to secure the loan through personal guarantees, if necessary.
Mr. Downer explained that economic development revolving funds are in competition with other entities. However, there is a possibility the Commission could use them to bridge any funding gap the Americans may be experiencing. Mr. Downer concluded stating that the purpose for this suggestion was to keep the door open for further discussions. He added that the fairgrounds does not break even and the Commission could not justify giving away any money or resources.
Commissioner Gray stated that Mr. Downer's solution was potentially a win-win situation which was the type of solution Mr. Lawton was looking for. Mr. Gray explained that the Economic Development Revolving fund did not have a substantial amount of money in it and that the City Commission could not make a commitment tonight. However, perhaps enough money could be loaned to the Americans to allow them to stay alive until other methods of funding could be established.
Commissioner Gray added that the City was interested in working with a major user of the Four Seasons which was a proven to be an amenity to the community. However, he was troubled by the ton of the correspondence sent to the City Commission and the City Manager. He stated that Staff had been directed to explore win-win possibilities to resolve this issue and it appeared that because the Americans did not agree with Staff, they were displeased and requested the Commission intervention.
Reid Peterson stated he was encouraged by the proposal and he would contact Staff in the near future regarding this suggestion.
There being no further business to come before the Commission, the regular work session on May 5, 1998, adjourned at 6:45 p.m.