JOURNAL OF COMMISSION PROCEEDINGS
NOVEMBER 17, 1998

Regular City Commission Meeting Mayor Bennett presiding

CALL TO ORDER: 7:00 PM

ROLL CALL: City Commissioners present: Joan Bennett, Bill Beecher, Bill Downer, Randy Gray and John Rosenbaum. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Fiscal Control, Library, Management Information Services, Park & Recreation, Acting Director of the Fairgrounds, Planning, Fire Chief, Police Chief, and the City Clerk.

OLD BUSINESS

Res. 8983, Cost Recovery GF 6th Add, B546, L1-2. Continued.

1.

RESOLUTION 8983, COST RECOVERY, GF 6TH ADD, BLOCK 546, LOTS 1-2.

Richard W. Grilley, c/o Len Reed, owner of the property located at 505, 507 and 509 5th Street SW, was issued a Notice to Abate a Dangerous Building on January 12, 1998. The property owner did not repair nor demolish said buildings. Through a bidding process, Austin Reid Demolition was hired to complete the demolition for the amount of $6,900. The total cost for the abatement totaled $7,250.39.

Staff requested that the City Commission continue the public hearing for two weeks in order for Staff to meet with the property owners. Cheryl Patton, Community Development Director, stated that these meetings may change Staff's recommendation regarding the cost recovery.

Commissioner Gray moved, seconded by Commissioenr Downer, that the City Commission continue the public hearing until December 1, 1998.

Motion carried 5-0.

NEW BUSINESS

ORDINANCES/RESOLUTIONS

Ord. 2747, Indeminification of Public Officers and Employees. Adopted.

2.

ORDINANCE 2747, AMENDING TITLE 2, CHAPTER 54, INDEMNIFYING PUBLIC OFFICERS AND EMPLOYEES.

On November 3, 1998, the Montana electorate passed Constitutional Initiative 75 (CI-75) which purported to require a vote on any "new tax" or "tax increase." "Tax" was defined in the Initiative as "any financial charge, however denominated, imposed by a governmental unit and from which revenue accrued to the government." Exceptions included "voluntary transactions in a competitive market," "civil and criminal fines," and "other charges collected in cases of restitution or violation of law or contract." Without attempting to describe the definition of a "tax increase" in the Initiative, the difficulty and uncertainty of identifying the items for election under the term "tax" was obvious. It appeared every revenue producing amount in the City's budget would have to be reviewed to determine the application of CI-75 before any change was considered. Additionally, any new financial transactions must be reviewed to determine the application of CI-75.

Where CI-75 was determined to apply, the issue must be presented to the electorate at the next general election. CI-75 permits no more than one tax election in any calendar year.

Given the massive scope of the application of CI-75, reaching every department and function of the City, without any past interpretation or precedent to provide guidance for its application, it was deemed necessary to provide legal defense and indemnification for public officials and employees who had no choice but to continue government services. Such indemnification would also help to avoid any freeze of action where government services were required but voter submission was in doubt under the Initiative.

Commissioner Rosenbuam moved, seconded by Commissioner Downer, that the City Commission adopt Ordinance 2747.

Clay Brayden, 2708 4th Avenue NW, requested that the City Commision consider a sunset provision for this ordinance. He suggested that once decisions have been made regarding CI-75 and processes were developed, the need for this ordinance would no longer exist.

Commissioner Downer stated that any citizen may bring action under CI-75 and this ordinance would protect the personal assets of public officials.

Commissioner Gray stated that it was not worth it to, in essene, volunteer for public service and expose someone's personal assets while doing it. He added that this ordinance was a reasonable and prudent step to allow people to continue public service.

Motion carried 5-0.

Res. 8973, Wadsworth Park Master Plan (OF 1202). Proposed Amendments Discussion.

3.

RESOLUTION 8973, WADSWORTH PARK MASTER PLAN (OF 1202)

CTA Architects Engineers completed the draft of the Wadsworth Park Master Plan and on September 15, 1998, the City Commission held a public hearing regarding it. At the public hearing, several groups of users spoke in opposition to the Plan.

The City Commission did not take action on the Plan in order to give them time to consider the testimony provided. In consideration of the issues pertaining the Great Falls Water Ski Club, the Skeet Club and the compatibility of the Archery Club and the Paintball Clubs, the City Commission recommended the following amendments to the Master Plan.

1.
Page 27, Great Falls Water Ski Club.

Change the sentence that reads: "Eventually, the lease (expires September 5, 2000) held by the Great Falls....as the park develops..." to "After the current lease expires, a lease would be granted annually, at the sole discretion of the City."

And insert the following: "Under the current lease and any subsequent renewals, the Club and the City would mutually determine and agree upon specific days and hours that Club usage would be allowed on Wadsworth Lake."

2.
Page 33, Lease Recommendations.

Insert the following: "The Sun River Skeet Club will be allowed to continue their existing lease (expires September 5, 2000) and if requested, will grant a three (3) year extension. After that time, a lease could be granted annually, at the discretion of the City."

Additionally, insert the following: "As a condition of the current lease and any subsequent renewals, the Club agrees to remove, relocate, or reorient, the northern most skeet station (located nearest the Sun River dike) on or before July 1, 1999. If it is reorientated, the City would allow use of this station on special occasions provided that the area across the dike affected by shot fall is posted."

In the section labeled "Justification" the following was recommended to be inserted: "When the time comes for this move, the City will put forth its best efforts to assist with relocation, including financial and/or in-kind services. Ideally, a new shooting sports complex, established with City assistance, should be considered."

3.
Recreational Uses - Archery.

Insert the following: "Note: Although consideration was given to this location for paintball games, the Master Plan does not recommend such use. The City, realizing that paintball is a recreational activity engaged in by residents, is committed to work with paintball organizations to find a suitable location for such activities."

Commissioner Downer requested that the following be added to the condition for the Skeet Club: "If it is reoriented, the City upon advance notification would allow use of this station..."

Commissioner Downer also stated that the Master Plan was a long range plan and it was subject to modification as time went on. However, he added, it gave the Commission and Staff a point to start from.

Commissioner Gray commended the participants in the Master Planning process. He added that the recommended amendments made sense to him. He reiterated that the City was giving the Skeet Club notice that it was time for them to find a new location and that the City pledged its assistance with that relocation process.

There being no one in the audience to address the City Commission, Mayor Bennett announced that the Commission would formally consider the Master Plan at their December 1, 1998, Commission meeting.

Ord. 2748, Title 15 Amendments. Set public hearing for December 1, 1998.

4.

ORDINANCE 2748, AMENDING UNIFORM CODES PERTAINING TO OCCGF TITLE 15.

Administrative Rules of the State of Montana require that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. Ordinance 2748, was prepared to comply with this administrative rule.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2748 on first reading and set a public hearing and final reading date for December 1, 1998.

Motion carried 5-0.

Res. 8985, Relating to the American Agri-Tech Ethanol Tax Increment Industrial Infrastructure District. Adopted.

5.

RESOLUTION 8985, RELATING TO AMERICAN ETHANOL TAX INCREMENT INDUSTRIAL INFRASTRUCTURE DISTRICT; AUTHORIZING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND RELATED DOCUMENTS; AND SUPPLEMENTING RESOLUTION 8969.

Passage of Resolution 8985 authorized the issuance and sale of Tax Increment Industrial Revenue Bonds, Series 1998A, B, and C on terms and at purchase prices subject to limitations and conditions described within the resolution. The contents of the Resolution also provide clear, concise history of this financing in regard to prior resolutions and ordinances passed, the purchases of the bonds and the terms of the purchases.

Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8985.

Stephen White, 1308 5th Avenue NW, stated he opposed to this public give-away. He stated he was an advocate for progress in Great Falls. However, he asked the City Commission not to go overboard to attract businesses to Great Falls.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA

6.

Minutes, November 4, 1998, Commissioner meeting.

7.

Total Expenditures of $943,052 for the period of October 28-November 4, 1998, to include claims over $500 in the amount of $695,885.

8.

Contracts List.

9.

Change Order 4, City/County Health Department Medical Building (OF 1195). Change Order provides compensation for supervision, labor, material, equipment and overhead for additional work performed to install wallcoverings inside and make improvements outside of the building.

10.

Amended Plat, Valley View Homes, Section Six, Block 17, Lot 20-20A. Amended plat reestablished the property line separating the areas designated as Lot 20 and Lot 20A. Lot 20 is within the City limits and occupied by a single family residence. The area designated as Lot 20A is undeveloped unincorporated property.

11.

Amended Plat, Community Hall Addition, Block 7, Lot 5. Amended plat subdivided the double frontage parcel located between Sunset Road and 20th Street Southwest into two lots.

12.

Bid Award, Fuel Management System. Award bid to lowest bidder meeting specifications, Syn-Tec Systems of Tallahassee, Florida, in the amount of $21,924.95.

13.

Bid Award, Motor and Hydraulic Oil Lubricants. Bid award to Best Oil Distributing Inc. of Great Falls.

14.

Bid Award, Janitorial Services for the Public Works Complex. Award bid for a three year contract for janitorial services at the Public Works Complex to Busy B's Commercial Cleaning of Great Falls in the amount of $58 per day.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Consent Agenda as printed.

City Manager, John Lawton, reported that Staff had some concerns that CI-75 impacted Items 10 and 11 on the Consent Agenda because subdividing the property could result in increased fees. He added that Staff evaluated the issues and concluded that the affected fees will need to be voted on annually. Before the owners of the properties in question would experience any fee increases, the fees would have been on a ballot for a public vote. Therefore, Staff recommended the City approve the amended plats.

Doreen Snyder, Easter Seals, requested that the City Commission reconsider the Staff recommendation on Item 14 and award the contract to Easter Seals.

Commissioner Downer disclosed that he was a board member on the Easter Seals Board. However, he added that Item 14 went through a formal bidding process and the Commission could not award the bid to anyone other than the lowest bidder without good justification. Therefore, he was inclined to support Staff's recommendation.

There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.

BOARDS/COMMISSIONS

Variance, Valley View Add, B3 L7. Approved.

15.

VARIANCE REQUEST, VALLEY VIEW ADDITION, BLOCK 3, LOT 7.

Ms. Janet Kukes, owner of the property located at 1004 11th Street NW, requested a variance to OCCGF 17.45.030. The variance would reduce the required side yard setback from 6' to 3'. The applicant wanted to build an attached garage.

The Board of Adjustment heard the request at their meeting held November 5, 1998 and voted unanimously to recommend approval of the variance.

Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission approve the variance request.

Clay Braden, 2708 4th Avenue NW, asked that the City Commission consider fire suppression needs prior to approving the request. Cheryl Patton, Community Development Director, stated that those needs were addressed through building code requirements.

Motion carried 5-0.

Parking Lot Rate Increases. Report.

16.

REPORT - PARKING LOT RATE INCREASES.

Joe LaForest, Parking Supervisor, reported to the City Commission on several recommendations from the Parking Commission to raise monthly lease rates for several parking lots in the downtown area.

Cheryl Patton, Community Development Director, stated that Staff wanted to take the opportunity to report on the recommendations. She added that Staff would prepare a resolution to be placed on a future agenda for formal action.

Commissioner Gray asked if these rate increases would be impacted by CI-75. City Manager, John Lawton, explained that before Staff presented any rate increase to the Commission for formal action, a CI-75 impact analysis would be completed and would accompany the Staff report.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of November 17, 1998, adjourned at 7:54 p.m.

/S/
Mayor Joan Bennett

/S/
Peggy J. Bourne, City Clerk

1998 Commission Minutes
Commission Minutes listing page

	OLD BUSINESS
Res. 8983, Cost Recovery GF 6th Add, B546, L1-2. Continued.	1. RESOLUTION 8983, COST RECOVERY, GF 6TH ADD, BLOCK 546, LOTS 1-2. Richard W. Grilley, c/o Len Reed, owner of the property located at 505, 507 and 509 5th Street SW, was issued a Notice to Abate a Dangerous Building on January 12, 1998. The property owner did not repair nor demolish said buildings. Through a bidding process, Austin Reid Demolition was hired to complete the demolition for the amount of $6,900. The total cost for the abatement totaled $7,250.39. Staff requested that the City Commission continue the public hearing for two weeks in order for Staff to meet with the property owners. Cheryl Patton, Community Development Director, stated that these meetings may change Staff's recommendation regarding the cost recovery. Commissioner Gray moved, seconded by Commissioenr Downer, that the City Commission continue the public hearing until December 1, 1998. Motion carried 5-0.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2747, Indeminification of Public Officers and Employees. Adopted.	2. ORDINANCE 2747, AMENDING TITLE 2, CHAPTER 54, INDEMNIFYING PUBLIC OFFICERS AND EMPLOYEES. On November 3, 1998, the Montana electorate passed Constitutional Initiative 75 (CI-75) which purported to require a vote on any "new tax" or "tax increase." "Tax" was defined in the Initiative as "any financial charge, however denominated, imposed by a governmental unit and from which revenue accrued to the government." Exceptions included "voluntary transactions in a competitive market," "civil and criminal fines," and "other charges collected in cases of restitution or violation of law or contract." Without attempting to describe the definition of a "tax increase" in the Initiative, the difficulty and uncertainty of identifying the items for election under the term "tax" was obvious. It appeared every revenue producing amount in the City's budget would have to be reviewed to determine the application of CI-75 before any change was considered. Additionally, any new financial transactions must be reviewed to determine the application of CI-75. Where CI-75 was determined to apply, the issue must be presented to the electorate at the next general election. CI-75 permits no more than one tax election in any calendar year. Given the massive scope of the application of CI-75, reaching every department and function of the City, without any past interpretation or precedent to provide guidance for its application, it was deemed necessary to provide legal defense and indemnification for public officials and employees who had no choice but to continue government services. Such indemnification would also help to avoid any freeze of action where government services were required but voter submission was in doubt under the Initiative. Commissioner Rosenbuam moved, seconded by Commissioner Downer, that the City Commission adopt Ordinance 2747. Clay Brayden, 2708 4th Avenue NW, requested that the City Commision consider a sunset provision for this ordinance. He suggested that once decisions have been made regarding CI-75 and processes were developed, the need for this ordinance would no longer exist. Commissioner Downer stated that any citizen may bring action under CI-75 and this ordinance would protect the personal assets of public officials. Commissioner Gray stated that it was not worth it to, in essene, volunteer for public service and expose someone's personal assets while doing it. He added that this ordinance was a reasonable and prudent step to allow people to continue public service. Motion carried 5-0.
Res. 8973, Wadsworth Park Master Plan (OF 1202). Proposed Amendments Discussion.	3. RESOLUTION 8973, WADSWORTH PARK MASTER PLAN (OF 1202) CTA Architects Engineers completed the draft of the Wadsworth Park Master Plan and on September 15, 1998, the City Commission held a public hearing regarding it. At the public hearing, several groups of users spoke in opposition to the Plan. The City Commission did not take action on the Plan in order to give them time to consider the testimony provided. In consideration of the issues pertaining the Great Falls Water Ski Club, the Skeet Club and the compatibility of the Archery Club and the Paintball Clubs, the City Commission recommended the following amendments to the Master Plan. 1. Page 27, Great Falls Water Ski Club. Change the sentence that reads: "Eventually, the lease (expires September 5, 2000) held by the Great Falls....as the park develops..." to "After the current lease expires, a lease would be granted annually, at the sole discretion of the City." And insert the following: "Under the current lease and any subsequent renewals, the Club and the City would mutually determine and agree upon specific days and hours that Club usage would be allowed on Wadsworth Lake." 2. Page 33, Lease Recommendations. Insert the following: "The Sun River Skeet Club will be allowed to continue their existing lease (expires September 5, 2000) and if requested, will grant a three (3) year extension. After that time, a lease could be granted annually, at the discretion of the City." Additionally, insert the following: "As a condition of the current lease and any subsequent renewals, the Club agrees to remove, relocate, or reorient, the northern most skeet station (located nearest the Sun River dike) on or before July 1, 1999. If it is reorientated, the City would allow use of this station on special occasions provided that the area across the dike affected by shot fall is posted." In the section labeled "Justification" the following was recommended to be inserted: "When the time comes for this move, the City will put forth its best efforts to assist with relocation, including financial and/or in-kind services. Ideally, a new shooting sports complex, established with City assistance, should be considered." 3. Recreational Uses - Archery. Insert the following: "Note: Although consideration was given to this location for paintball games, the Master Plan does not recommend such use. The City, realizing that paintball is a recreational activity engaged in by residents, is committed to work with paintball organizations to find a suitable location for such activities." Commissioner Downer requested that the following be added to the condition for the Skeet Club: "If it is reoriented, the City upon advance notification would allow use of this station..." Commissioner Downer also stated that the Master Plan was a long range plan and it was subject to modification as time went on. However, he added, it gave the Commission and Staff a point to start from. Commissioner Gray commended the participants in the Master Planning process. He added that the recommended amendments made sense to him. He reiterated that the City was giving the Skeet Club notice that it was time for them to find a new location and that the City pledged its assistance with that relocation process. There being no one in the audience to address the City Commission, Mayor Bennett announced that the Commission would formally consider the Master Plan at their December 1, 1998, Commission meeting.
Ord. 2748, Title 15 Amendments. Set public hearing for December 1, 1998.	4. ORDINANCE 2748, AMENDING UNIFORM CODES PERTAINING TO OCCGF TITLE 15. Administrative Rules of the State of Montana require that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. Ordinance 2748, was prepared to comply with this administrative rule. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2748 on first reading and set a public hearing and final reading date for December 1, 1998. Motion carried 5-0.
Res. 8985, Relating to the American Agri-Tech Ethanol Tax Increment Industrial Infrastructure District. Adopted.	5. RESOLUTION 8985, RELATING TO AMERICAN ETHANOL TAX INCREMENT INDUSTRIAL INFRASTRUCTURE DISTRICT; AUTHORIZING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND RELATED DOCUMENTS; AND SUPPLEMENTING RESOLUTION 8969. Passage of Resolution 8985 authorized the issuance and sale of Tax Increment Industrial Revenue Bonds, Series 1998A, B, and C on terms and at purchase prices subject to limitations and conditions described within the resolution. The contents of the Resolution also provide clear, concise history of this financing in regard to prior resolutions and ordinances passed, the purchases of the bonds and the terms of the purchases. Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8985. Stephen White, 1308 5th Avenue NW, stated he opposed to this public give-away. He stated he was an advocate for progress in Great Falls. However, he asked the City Commission not to go overboard to attract businesses to Great Falls. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 6. Minutes, November 4, 1998, Commissioner meeting. 7. Total Expenditures of $943,052 for the period of October 28-November 4, 1998, to include claims over $500 in the amount of $695,885. 8. Contracts List. 9. Change Order 4, City/County Health Department Medical Building (OF 1195). Change Order provides compensation for supervision, labor, material, equipment and overhead for additional work performed to install wallcoverings inside and make improvements outside of the building. 10. Amended Plat, Valley View Homes, Section Six, Block 17, Lot 20-20A. Amended plat reestablished the property line separating the areas designated as Lot 20 and Lot 20A. Lot 20 is within the City limits and occupied by a single family residence. The area designated as Lot 20A is undeveloped unincorporated property. 11. Amended Plat, Community Hall Addition, Block 7, Lot 5. Amended plat subdivided the double frontage parcel located between Sunset Road and 20th Street Southwest into two lots. 12. Bid Award, Fuel Management System. Award bid to lowest bidder meeting specifications, Syn-Tec Systems of Tallahassee, Florida, in the amount of $21,924.95. 13. Bid Award, Motor and Hydraulic Oil Lubricants. Bid award to Best Oil Distributing Inc. of Great Falls. 14. Bid Award, Janitorial Services for the Public Works Complex. Award bid for a three year contract for janitorial services at the Public Works Complex to Busy B's Commercial Cleaning of Great Falls in the amount of $58 per day. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission approve the Consent Agenda as printed. City Manager, John Lawton, reported that Staff had some concerns that CI-75 impacted Items 10 and 11 on the Consent Agenda because subdividing the property could result in increased fees. He added that Staff evaluated the issues and concluded that the affected fees will need to be voted on annually. Before the owners of the properties in question would experience any fee increases, the fees would have been on a ballot for a public vote. Therefore, Staff recommended the City approve the amended plats. Doreen Snyder, Easter Seals, requested that the City Commission reconsider the Staff recommendation on Item 14 and award the contract to Easter Seals. Commissioner Downer disclosed that he was a board member on the Easter Seals Board. However, he added that Item 14 went through a formal bidding process and the Commission could not award the bid to anyone other than the lowest bidder without good justification. Therefore, he was inclined to support Staff's recommendation. There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.
	BOARDS/COMMISSIONS
Variance, Valley View Add, B3 L7. Approved.	15. VARIANCE REQUEST, VALLEY VIEW ADDITION, BLOCK 3, LOT 7. Ms. Janet Kukes, owner of the property located at 1004 11th Street NW, requested a variance to OCCGF 17.45.030. The variance would reduce the required side yard setback from 6' to 3'. The applicant wanted to build an attached garage. The Board of Adjustment heard the request at their meeting held November 5, 1998 and voted unanimously to recommend approval of the variance. Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission approve the variance request. Clay Braden, 2708 4th Avenue NW, asked that the City Commission consider fire suppression needs prior to approving the request. Cheryl Patton, Community Development Director, stated that those needs were addressed through building code requirements. Motion carried 5-0.
Parking Lot Rate Increases. Report.	16. REPORT - PARKING LOT RATE INCREASES. Joe LaForest, Parking Supervisor, reported to the City Commission on several recommendations from the Parking Commission to raise monthly lease rates for several parking lots in the downtown area. Cheryl Patton, Community Development Director, stated that Staff wanted to take the opportunity to report on the recommendations. She added that Staff would prepare a resolution to be placed on a future agenda for formal action. Commissioner Gray asked if these rate increases would be impacted by CI-75. City Manager, John Lawton, explained that before Staff presented any rate increase to the Commission for formal action, a CI-75 impact analysis would be completed and would accompany the Staff report.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of November 17, 1998, adjourned at 7:54 p.m.

JOURNAL OF COMMISSION PROCEEDINGSNOVEMBER 17, 1998

OLD BUSINESS

NEW BUSINESS

ADJOURNMENT

JOURNAL OF COMMISSION PROCEEDINGS
NOVEMBER 17, 1998