City Commission approves annexation, zoning for Little Shell housing development
Updated at 5 p.m. July 22
City Commissioners voted 4-1 to approve annexation, zoning and dedication of public right-of-way for the Little Shell’s planned housing development after roughly three hours of staff and applicant presentations and public comment during a July 21 meeting.
The commission chambers were full, plus additional seating with a live stream in the Gibson Room down the hall.
The vote came around 11 p.m. with more agenda items remaining.
The Little Shell Tribe of Chippewa Indians of Montana requested annexation of 18.4 acres for their Good Medicine housing development, to be constructed in phases.
The Little Shell also requested a planned unit development zoning classification, with an underlying R-9 zoning, to develop two apartment buildings, each with 25 units, and a mix of 65 single-family homes and duplexes, for a total of 115 residential units.
City Commission sets July 21 public hearing on proposed Little Shell housing development
Commissioner Joe McKenney voted in opposition since he said he would prefer to push the decision to the second meeting in August to allow for more time to work on details of the development.
City planning board recommends approval of Little Shell’s annexation request for housing
The city planning board voted unanimously in May to recommend approval.
Commissioner Shannon Wilson moved to approve the annexation, with Commissioner Rick Tryon seconding.
McKenney asked city staff if the project could be developed without annexation.
Brock Cherry, city strategic development officer, said maybe but the city has policies regarding the extension of utility services that require annexation for projects to connect to city service lines.
Cherry said that if a development is close enough to connect to city services, it’s close enough for fire and police services.
He said that when applications are submitted, staff reviews them and makes recommendations based on city plans and policies.
Last summer, the Cascade City-County Health Department informed the owners of a drug rehab facility on Jasper Road that they may be required to connect to city water and wastewater systems if they were within 200 feet of the existing city systems, under a state rule.
McKenney said the city would be expected to provide fire and police services to Good Medicine and asked what was in place to support that.
Cherry said the Little Shell owned the land as fee simple and requested to annex it in that form, which is the same as any other commercial development and the Tribe will pay property taxes and fees for utility services.
McKenney said his big concerns were that the Tribe could request to place the land in federal trust in the future.
He said that he heard city staff say they have to look at what’s before the commission and not what might happen in the future.
“Well that’s not good enough,” he said.
Rachel Taylor, deputy city attorney, said that the city included a provision in the annexation agreement that if the land were to be placed into federal trust, the city would not be obligated to provide services.
At this point, Little Shell officials have said in multiple public meetings and in written responses to The Electric that they do not intend to seek federal trust status for the Good Medicine property.
The Tribe is pursuing trust status for its property north of Good Medicine, which is outside the city limits, where it proposes to build an event center, casino, and hotel.
In the 2019 federal legislation that formally recognized the Little Shell Tribe, Congress said the Secretary of the Interior “shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base.”
The legislation stated that the Little Shell’s service area is comprised of Cascade, Blaine, Glacier and Hill counties.
In 2009, the Supreme Court ruled in Carciere v. Salazar that tribes not federally recognized when the 1934 Indian Reorganization Act was enacted by Congress could not place land into trust.
Shortly after the ruling, the Indian Law Practice Group at Dorsey and Whitney, an international legal firm, released an alert finding that the Supreme Court opinion didn’t affect trust acquisitions under other statutes, other than the Indian Land Consolidation Act, such as a tribe’s recognition or restoration act.
“If Congress has specifically provided that the Secretary [of Interior] has the power to take land into trust for a restored or newly recognized tribe, that is an independent grant of statutory authority and is not affected by this opinion,” attorneys at Dorsey and Whitney wrote in their 2009 alert.
The city has retained Dorsey and Whitney as its counsel regarding the Little Shell’s current trust application for the land north of the city limits for its event center.
Dorsey and Whitney attorneys out of Missoula also serve as the city’s bond counsel.
Terra Branson-Thomas, a representative for the Little Shell on the project, told The Electric in February that the fee-to-trust application is solely for the resort and event center and that “it has no plans to transfer the housing development into trust status.”
She said in February that the Tribal Council has contemplated submitting future non-gaming related trust applications related to core tribal operations.
The Tribe is hoping to receive approval for the pending application within the next two to four years, Branson said in February.
A spokesperson for the U.S. Bureau of Indian Affairs told The Electric in February that it was difficult to estimate a timeline, but the BIA expected to complete the environmental assessment process within a year of issuing the notice on Jan. 19.
If the BIA issues a favorable two-part determination, the assistant secretary of Indian Affairs will send that determination to the governor, who has one year to concur in that determination, with the option for an additional 180 days, under federal law, according to the BIA.
County approves rezoning of Little Shell property [2023]
Branson said that “trust land is subject to the Tribe’s jurisdiction, but the Tribe is subject to federal statute and regulations, which often require that the Tribe meet or exceed local regulations.”
Local officials and residents have had questions pertaining to how the entertainment complex would impact local infrastructure and public safety resources.
In an emailed response to The Electric’s questions, a BIA spokesperson said that tribes and local governments often negotiate mutually beneficial intergovernmental agreements to address the provision of services on a tribe’s trust land, including water, sewer, road improvements and fire and emergency medical services.
County approves Little Shell property rezone [2023]
Branson told The Electric that the Little Shell would be responsible for negotiating agreements with appropriate parties for utilities and public safety and that the “Tribe is committed to paying its fair share, similar to other developers in the region.”
At this point, there’s been no request to annex the parcels being considered for trust land and the entertainment complex into the city.
During the July 21 meeting, McKenney asked why the city couldn’t assign the development agreement to future trust status for Good Medicine.
Taylor, deputy city attorney, said the city could not prohibit the Little Shell from seeking trust status for any of its property as a sovereign nation. She said the annexation agreement would terminate if the Good Medicine land was put into federal trust in the future and the city would then negotiate with the Tribe on providing utility, fire and police services and the associated fees.
McKenney asked about fair housing laws and how it worked with the Tribe giving preference to its members or other Native Americans.
He said the local housing shortage is real, but if Good Medicine was restricted to tribal members, how woud it help the city as a whole.
Cherry, city development officer, said the city needs housing of all types.
All the housing units would be rentals, with priority given to Little Shell members.
Branson-Thomas, a representative for the Tribe on the project, said during an April planning board meeting that they’re using Native American Housing and Self Determination Act funding, which prioritizes Little Shell members, then other American Indians, then non-Indians who qualify by income criteria.
That’s similar to federal funding from the U.S. Department of Housing and Urban Development and tax credit programs that restrict who can rent or purchase certain residential units, typically based on income levels or age.
City Commissioners have approved multiple income or age-restricted housing developments in recent years, including Carter Commons, the Roberts and Franklin School apartments rehabilitation and the Baatz Building. Commissioners have approved tax increment financing, HUD and/or ARPA funding for some of those projects.
Commissioner Casey Schreiner said that most of the questions being asked were not appropriate for their consideration of a land use decision.
A lof of issues raised during the meeting, he said, “are just not admissible in this proceeding.”
He said the commission has a legal obligation to follow laws and its own policies, or change those policies.
Schreiner said that a lot of questions being asked regarding Good Medicine would not be asked of any other applicant.
Commissioner Shannon Wilson said that density standards are changing and greater density is preferred due to rising land costs.
“Good Medicine shouldn’t be punished because of deficiencies that already exist in Valley View,” she said. “This needs to go through.”
Commissioner Rick Tryon said in June that he was frustrated with the city process on land use and felt that the commission had to approve requests such as Good Medicine because commissioners weren’t able to develop alternate findings of fact to deny projects.
During the July 21 meeting, Tryon said, “I think this is an awesome project” that was well thought out.
His main reasoning, he said, is “we need housing. We need all kinds.”
The fact that it’s a Little Shell project was a non-issue, Tryon said, but there were legitimate concerns about traffic and safety.
He said he hoped those concerns could be mitigated by collaboration between the city, Little Shell and Valley View residents who organized in opposition to the project.
McKenney said it was an “incredible housing development,” but thought they could tighten up some of the challenges to make a win-win for all involved.
“I’m a no tonight; it’s going to pass, I understand that, I would have preferred to give it a little more time,” McKenney said.
Jana Cooper of TD&H Engineering presented during the meeting on behalf of the Little Shell Tribe.
She said once annexed, the property will be subject to city taxes and residents will pay city utility fees.
The infrastructure is being fully funded by the Little Shell and interior roads will be maintained by the Little Shell, Cooper said.
Tryon asked about the construction timeline.
Branson-Thomas, a consultant for the Little Shell, said funding was secured for the first phase, on which they hope to start work soon to be completed within 16-24 months.
She said the plan is to finish the entire project within five to six years, depending on funding.
She said the Little Shell has tentative approval for funding for phases two and three, but can’t finalize it until they know if the property will be annexed.
Phase 4, which includes California Avenue, is planned as the final and smallest phase. She said they have secured federal funding for the road construction.
About 30 people lined up to speak in favor of the project, many of whom said they were Little Shell members.
Brett Doney, Great Falls Development Alliance, said the project was the right fit and density with public spaces and amenities.
He said it was what the community envisioned through the growth policy and that staff had thoroughly reviewed and written the annexation agreement.
Steven Garcia Middle Rider spoke in favor of the project, quoting Mayor Cory Reeves who had posted on social media before the public hearing that he didn’t have a legal reason to deny the project.
He said the Little Shell was already part of the community.
Skye McGinty, a Little Shell member and tribal health care administrator, said the Little Shell had been displaced from their land for more than 100 years and that housing is an important component of health.
“This project would be transformative,” she said, for Little Shell residents and non native residents.
Alisa Herodes, a tribal council member, said the Little Shell would be paying for infrastructure development and would take care of the property, as they have other properties in Great Falls.
About 20 people spoke in opposition to the project, largely related to traffic concerns.
Several raised questions about the legitimacy of Gerald Gray’s tribal leadership and concerns about internal affairs of the Little Shell.
Reeves and Schreiner said speakers were outside the rules of decorum and asked them to stay on topic.
Some opponents were walked out of the room by law enforcement officers after shouting during public comment and threatening to fight others in the chambers.
Curt Bedwell, a Valley View resident, said that he was concerned about traffic and didn’t think it was a good idea to route California Avenue through their neighborhood.
Several speakers said they disagreed with the city’s traffic analysis, which found the existing street network could handle the added traffic from Good Medicine.
Tricia Russette, a Little Shell member, said housing was needed, but Good Medicine would be rentals and not offer home ownership.
Amy Dorr has lived in the Valley View area for 40 years.
She said the Little Shell deserves housing, but “it shouldn’t be at the expense,” of the longtime neighboring residents.
She said the Good Medicine residents would get beautiful streets and sidewalks, but the existing Valley View residents don’t have that.
After the public hearing, Cooper, of TD&H for the Little Shell, said that California Avenue was required by the city. She said the layout and design of street connections was also the recommendation of the city for emergency services.
The Little Shell also owns other properties in Cascade County that are not included in their current trust application.
Properties in the city limits are subject to all city rules and regulations.
All 32 of the properties the Little Shell owns within Cascade County are taxed according to their Department of Revenue classification and for 2025, the Little Shell paid $121,106.44 in property taxes, according to Cascade County’s publicly available tax records.
The 2025 property taxes for the 18.4-acre parcel being considered for annexation were $98. For 2026, the taxes are $160, according to the property tax database.
Those properties are listed in the tax database under the ownership name of the Little Shell Tribe of Chippewa Indians of Montana.
Little Shell requesting annexation, zoning for housing development [2025]
In April, the city planning board attempted to include a commitment from the Little Shell that it would not put the land into trust, but city staff advised that was not legal, as they had already explored including such a requirement in the annexation agreement.
Story continues below
Planning board members told city staff that for the May 26 meeting, they wanted additional information on the Little Shell’s rental applications, rental approval process, property maintenance plans and the federal rules regulating their ability to restrict rentals to Little Shell members.
In a May 11 memo provided to the board in preparation for the meeting, staff wrote that the land considered for the Good Medicine housing development is owned by the Little Shell but is fee simple land, which is the same as any other piece of property owned by a citizen or business in the city and is subject to city jurisdiction.
“Regarding the present application before the board/commission, a requirement that the city condition annexation on the Tribe’s agreement to waive or limit its ability to request trust acquisition under federal law is unlikely to be enforceable. The established federal process cannot be limited or waived through a local land use agreement. Any such condition would likely be preempted and unenforceable and therefore would not prevent the fee-to-trust status change,” city planning and legal staff wrote in their May 11 memo.
Little Shell officials discuss proposed event center with neighborhood council [2025]
If annexation is approved, the property would be subject to the same property maintenance regulations as any other housing development within the city limits.
As for tenant selection, “because the basis of decision criteria do not include an analysis of the funding source for the development or an evaluation of the tenant selection process, a review of any rental application or similar document is not required and is outside the scope of consideration by this board/commission for a recommendation. The city’s review is limited to land use and development criteria,” staff wrote in their memo.
During the May 26 meeting, Gerald Gray, Little Shell chairman, said that the tribal council chose annexation and “want this development to operate within the city.”
In a June 1 response to The Electric’s follow-up questions, Gray wrote that “the Good Medicine project is proposed for annexation into the [city], and the improvement agreement recommended for approval makes clear that the property will remain subject to city jurisdiction and services. Any planning related to a future tribal police department is associated with the Tribe’s broader governmental responsibilities and, more specifically, with the separate fee-to-trust application that has been discussed publicly.”
County approves rezoning of Little Shell property [2023]
Gray said the Tribe has received funding to plan and prepare for a future tribal police department, which is unrelated to the Good Medicine project.
“The Tribe recognizes that many aspects of tribal government and federal Indian law are unfamiliar to some Great Falls residents. We remain committed to being good neighbors and to providing clear information about our projects and initiatives,” Gray said.
Area residents expressed concern over property maintenance during the planning board meetings and in written comments.
City staff reviewed the Little Shell’s six properties within the city limits and found no current or outstanding violations of city property maintenance rules, according to the staff report.
Little Shell Tribe seeking annexation for grocery cold storage [2023]
During the June 16 commission meeting, City Attorney David Dennis said that public comment on the item wouldn’t be considered in the formal public hearing on July 21.
Valley View residents raised concerns about traffic, safety, their property values, taxes and whether the city was legally able to enter into an agreement with the Little Shell if their housing wouldn’t be available to other races.
Alisa Herodes, a member of the Little Shell tribal council and local business owner, said that they hear all the time that Great Falls has a housing shortage and the Good Medicine development would fill some of that gap.
She said the Little Shell are paying for the development and infrastructure. She said paving the road to have access to the property alone will cost in excess of $1 million.
City approves annexation, zoning for east side mobile home park [2025]
Jake Clark of the Great Falls Development Alliance said they support setting the public hearing.
Commissioner Rick Tryon asked if the staff report would be updated to reflect the new growth policy they’d approved earlier in the meeting.
Brock Cherry, city planning director, said that staff would provide that information at the public hearing.
Tryon said the staff report includes a basis of decision with findings of fact, but he wanted counterpoints in case the commission wants to deny the proposal.
City approves annexation, zoning for 163 housing lots on east side [2025]
City Manager Greg Doyon said it would be cleaner to hold the public hearing to hear comments from all sides and if, after that, commissioners think there are alternatives that need to be discussed, they can direct staff to draft other points for consideration.
Doyon said that based on comments made, some in the room hadn’t read the full staff packet, which includes details that may ease or exacerbate their concerns.
Tryon said commissioners aren’t able to deny land use decisions since they can’t come up with their own basis of decision on the spot.
Commissioners in the past have departed from staff recommendations and denied requests, developing their own basis of decision, usually during a brief recess. Planning board members have done the same.
City board denies, potentially delays decision on plan for apartments at Dick’s RV Park [2022]
Doyon suggested that Tryon take his specific concerns to city staff before the public hearing and they could help him develop findings to present to his fellow commissioners.
Tryon said they weren’t his concerns.
Doyon said that commissioners are the decision-making body.
Tryon said it wasn’t appropriate for commissioners to develop an alternative set of findings and wanted to see an objective other side.
Doyon said commissioners needed to hear the comments made during the public hearing, then, if they wanted, could direct staff to develop alternative findings.
The property was considered for Valley View Addition phases 7-8, with a preliminary plat approved in 1978 for 11.5 acres to include 27 single-family lots and 11 two-family lots, according to city staff. That proposal included using the existing street and utility networks.
Staff said they believe those phases weren’t completed due to economic factors.
The proposed development includes open space and recreational amenities and private internal roads that would be maintained by the Tribe but connect to the existing road network at Valley View Drive, 10th Avenue Northwest and Stuckey Road.
The project is proposed in four phases:
- Phase 1: 10.37 acres for 28 single-family and four duplexes
- Phase 2: 3 acres for two multifamily apartment buildings with 25 units apiece
- Phase 3: 3.4 acres for 10 single-family homes and five duplexes, for a total of 20 units
- Phase 4: 1.2 acres for 7 single-family homes and construction of California Avenue at the northern boundary of the development
- community area: 0.91 acres for a pavilion with a variety of uses, including administration, community, cultural, worship, and parking
The Tribe will be required to extend all utilities, roadway and frontage improvements on the adjacent city right-of-way on Valley View and 15th to include curb and gutter.
City staff said the city has the capacity to provide utilities, and the development would be served by the Great Falls Police Department and Great Falls Fire Rescue.
The proposed development didn’t generate enough traffic to meet the city code threshold for a traffic impact study, but staff conducted a traffic analysis and found that at full buildout, the development would generate an additional 950 weekday trips and 95 evening peak-hour trips.
Staff found that the existing street network can accommodate the projected increase in traffic.
GFDA releases updated housing assessment showing increased demand [2024]
Water mains in Valley View were installed in the 1960s and are about halfway through their useful life, according to city staff.
The Montana Egg facility, which is now under new ownership and operations, installed a 12-inch water main loop in 2011.
Staff said in their April report they contacted Great Falls Public Schools about the development and received no comment. The report for the June commission meeting also states that city staff received no official comment or concern from GFPS.
Superintendent Heather Hoyer told The Electric in April that district officials discussed the development by phone with Brock Cherry, city planning director, and that the projected number of students provided by Cherry will fit into the functional capacity of the school in that area.
Jana Cooper of TD&H Engineering is the applicant’s representative on the project and said during the April planning board meeting that Good Medicine would provide “diverse, attainable housing options.”
Janicki selects Great Falls for $830 million expansion
Cooper said the development was intentionally designed to be compatible with the existing neighborhood and was logical infill development with infrastructure installation funded by the Little Shell.
City staff said the annexation agreement includes language pertaining to the possibility of the Tribe transferring the housing property to trust land, though the Tribe representatives have said they have no intention of doing so.
Section 18 of the agreement states:
- City Jurisdiction Authority; Change in Status. At the time of execution of this Agreement and annexation of the subject property, the owner represents that the subject property is held in fee simple status and is not held in federal trust for the benefit of the owner or any other party. The rights and approvals granted under this agreement, including but not limited to annexation, zoning, vested rights, and authorization to construct public improvements, are expressly conditioned upon the subject property remaining subject to the civil, regulatory, taxing, and land use jurisdiction of the City of Great Falls.
- 18.1 In the event the subject property, or any portion thereof, is subsequently placed into federal trust status, removed from the jurisdiction of the city, or otherwise rendered no longer subject to the city’s civil regulatory authority, then:
- 18.1.1 Any uncompleted approvals granted under this agreement shall automatically terminate;
- 18.1.2 Any vested rights not yet exercised shall expire;
- 18.1.3 The city shall have no further obligation to provide municipal services except as required by applicable law and this agreement shall terminate accordingly;
- 18.1.4 The city may pursue any remedies available under this agreement for improvements not completed or accepted.
- 18.5 Nothing in this section shall be construed to prohibit or restrict the owner from exercising any rights available under federal and tribal law. Rather, this section defines the conditions under which the city’s approvals and obligations remain in effect.
You must be logged in to post a comment.