JOURNAL OF COMMISSION PROCEEDINGS
DECEMBER 15, 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, Human Resources, Acting Director of the Fairgrounds, Planning, Fire Chief, and the City Clerk.

	PUBLIC HEARINGS
Ord. 2745, Title 5 Amendments. Adopted.	1. ORDINANCE 2745, AMENDING TITLE 5 (SPECIAL LICENSE AND SAFETY INSPECTION CERTIFICATE. On June 30, 1996, the completely revised OCCGF Title 5, pertaining to special licenses and safety inspection certificates, went into affect. The Community Development and Fire Departments have encountered a few problems in the clarity and intent of the ordinance. Together, the Departments recommended some rewording and minor clarification of terms to ensure the accurate and consistent interpretation of the ordinance. The proposed changes did not impose any new fees or change any existing fees. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2745. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission adopt Ordinance 2745. Motion carried 5-0.
	OLD BUSINESS
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2749, Amending OCCGF 13.02.070, City Utility Service Area. Accepted on first reading.	1A. ORDINANCE 2749, AMENDING OCCGF 13.02.070 - CITY UTILITY SERVICE AREA. The requirements of CI-75, now referred to as Article VIII, Section 17 of the Montana Constitution, mandate a vote of the electorate before "taxes" may be imposed on areas to be annexed to the City. CI-75 also states that taxes may only be voted on once per calendar year. Therefore, some development, growth and construction associated with annexing land into the City would have to be delayed until such a time the electorate approved the tax increases on the property affected. Ordinance 2749 was prepared that would permit the extension of utility and other City services beyond City limits by contract pending a vote of approval by the electorate and subsequent annexation. Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission accept Ordinance 2749 on first reading and set the public hearing for January 5, 1999. City Manager, John Lawton, stated that this ordinance followed the discussion on "virtual annexation" held at the work session immediately preceding this meeting. He explained that this ordinance would enable the City to contract with a willing customer for specified City services for the specified price. He added that this process was previously provided for through the annexation process. Les Hayes, 2722 Dawn Drive, asked what the problems were for City's to conform with CI-75. Mr. Lawton explained that some aspects of CI-75 were clear and the City was conforming to those. However, he added, some aspects were unclear and the City doesn't know how to comply. Mr. Lawton said that it would take an Attorney General opinion or Court interpretation to help cities understand and comply with all aspects of CI-75. In the meantime, he stated, this proposed ordinance was a way to accomplish the effects of annexation and not run afoul of CI-75 until clarity was made. There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.
Res. 8984, Intent to Create SLD 1286. Adopted.	2. RESOLUTION 8984, INTENT TO CREATE SPECIAL LIGHTING DISTRICT 1286. Staff received a petition for street lighting from 36th Street North to 38th Street North along Fairway Drive and 9th Avenue North. The petition was signed by 82.51% of the property owners. There are 23 properties in the proposed district. The SLD would fund the installation of 11 100-watt hps street lighting units mounted on 17 foot fiberglass poles with underground line. Coleen Balzarini, City Controller, explained that CI-75 would not impact this resolution because the purpose of Resolution 8984 was to establish the boundaries for the special lighting district and to set the public hearing for the creation resolution. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8984, setting the public hearing for January 5, 1999. Motion carried 5-0.
Res. 8989, Relating to American Agri-Tech Ethanol Tax Increment Infrastructure District. Adopted.	3. RESOLUTION 8989, RELATING TO AMERICAN AGRI-TECH 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 RESOLUTIONS 8968 AND 8985. Passage of Resolution 8989 would authorize the 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. As a result of further negotiations between American Agri-Technology and the proposed purchasers of the Series 1998 bonds, it was proposed that the three series of bonds be equally and ratably secured by the pledge of the tax increment to be derived from the district, subject to certain payment priorities. Resolution 8989 also authorized the Series 1998 Bonds to be issued in 1999 if closing conditions for the financing package are delayed beyond December 31, 1998. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8989. Motion carried 5-0.
Res. 8990, Designating Davidson Court. Adopted.	4. RESOLUTION 8990, A RESOLUTION DESIGNATING "DAVIDSON COURT". On September 2, 1997, the City Commission adopted Resolution 8901 closing a portion of Third Street North between 1st Alley North and Central Avenue. The petitioner for the street closure, D.A. Davidson & Company, requested the closure in order to install an urban plaza/park as well as a skywalk. The portion of street wherein these amenities are built was not vacated because all the improvements (except the skywalk) would be owned by the City. It is now recommended that the portion of Third Street North between 1st Alley North and Central Avenue be designated as "Davidson Court." Two reasons to approve this designation include: Assignment of a common place name helps when dispatching emergency services to an area; and It gives the City an opportunity to properly recognize D.A. Davidson & Company for their generosity and improvements to the City's downtown. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8990. Commissioner Gray reiterated that the designation of Davidson Court was the way the Commission could properly recognize and thank Ian and Nancy Davidson and D.A. Davidson Company for their generosity to the City's downtown. Motion carried 5-0.
Res. 8991, Establishing Recreation Center Program Fees. Adopted.	5. RESOLUTION 8991, ESTABLISHING PROGRAM FEES AT THE RECREATION CENTER. The Park and Recreation Department proposed offering new programs at the Recreation Center including after school programs, art and crafts programs, basketball camp, day camp, dog obedience and special programs for youth during the holidays. The City Attorney reviewed the recommended fee increase and contended that the City Commission adopt Resolution 8991 without a vote of the electorate. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8991. Motion carried 5-0.
Res. 8992, Indoor Golf Lesson Fees. Adopted.	6. RESOLUTION 8992, INDOOR GOLF LESSON FEE. The Park and Recreation Department offers indoor golf lessons annually during January and February. Lessons, consisting of five one hour sessions, are taught by the City's golf professionals. Staff proposed a $5 increase in the FY 98/99 budget to help offset increased costs of operating the program. The fee would increase from $35 to $40. The City Attorney reviewed the recommended fee increase and contended that the City Commission could adopt Resolution 8992 without a vote of the electorate. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8992. Motion carried 5-0
Consent Agenda Approved as printed.	CONSENT AGENDA 7. Minutes, November 17, 1998, Commissioner meeting. 8. Total Expenditures of $1,364,681 for the period of November 16-23, 1998, to include claims over $500 in the amount of $1,288,030. 9. Contracts List. 10. Expenditure List, Historic 10th Street Bridge Project (OF 979). 11. Bid Award, Bookmobile. Award bid to Matthews Specialty Vehicles in the amount of $122,114. 12. Set public hearing, Resolution 8988, Cost Recovery, Sunrise Terrace 1st Add, B10 L11. Sets public hearing for January 5, 1999. 13. Final Payment, Street Improvements to 46th Street North Pavement from 2nd Avenue North to 4th Alley North (OF 1217). Final payment to Wadsworth Builders in the amount of $27,731. 14. Final Payment, 6th Street NW - Water Main Replacement, Storm Drain and Street Improvements (OF 1114). Final payment to Shumaker Trucking in theamount of $204,257.56 and the State Miscellaneous Tax Division in the amount of $2,063.21. 15. Final Payment, Water Treatment Plant Structural and Piping Modification (OF 1177). Final payment to Dick Anderson Construction in the amount of $50,875.79 and the State Miscellaneous Tax Division in the amount of $513.90. 16. Change Order 1, Ferguson Drive and Buena Drive Pavement Overlay (OF 1232). Change order in the amount of $17,480 which increased the project scope by adding pavement milling, one storm drain inlet and a sidewalk handicap ramp. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission approve the Consent Agenda as printed. Stephen White, 1308 5th Avenue NW, stated he thought the price for the bookmobile was too high. He explained that he received a price for a 40' mobile home and it was only $80,000. Jim Heckel, Library Director, explained that a bookmobile had special requirements that a mobile home would not need. He outlined several of the requirements to include: it is made to carry 3600 books, has a wheelchair lift, has air conditioning, and has a generator. Mr. Heckel also reminded Mr. White that the funds to pay for the bookmobile were from a private, anonymous contributor. Mr. White thanked Mr. Heckel for the explanation and stated that he now understood why the price was higher than a mobile home. Commissioner Gray thanked the anonymous donor for their generosity. Motion carried 5-0.
	BOARDS/COMMISSIONS
City/County Planning Board. Reappointed Fox and Hilgendorf.	17. REAPPOINTMENTS, CITY/COUNTY PLANNING BOARD. Terms for Mr. Fox and Mr. Hilgendorf expire December 31, 1998, therefore, it was necessary for the Commission to make reappointments to this Board. Mr. Fox and Mr. Hilgendorf were eligible for and interested in reappointment. The City/County Planning board also recommended reappointment. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Robert Fox and Terry Hilgendorf to the City/County Planning Board for a two-year term as "citizen" members, beginning January 1, 1999, and expiring December 31, 2000. Motion carried 5-0.
Civic Center Advisory Board. Reappoint DeLisle, Pickens and Sherwood.	18. REAPPOINTMENTS, CIVIC CENTER ADVISORY BOARD. Terms for three board members expire December 31, 1998, therefore, it was necessary for the Commission to make reappointments to the Board. Mr. DeLisle, Mr. Pickens and Mr. Sherwood were eligible for and interested in reappointment. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission reappoint Hayes DeLisle, Roger Pickens and Charles Sherwood to the Civic Center Advisory Board each for a three-year term, beginning January 1, 1999, and expiring December 31, 2001. Motion carried 5-0.
Cascade County Conservation District. Reappoint Woodmansey.	19. REAPPOINTMENT, CASCADE COUNTY CONSERVATION DISTRICT. Mr. Woodmansey's appointment to the Cascade County Conservation District expires December 31, 1998, therefore, it was necessary to make a reappointment to the Board. Mr. Woodmansey was interested in reappointment and the Cascade County Conservation Board made that recommendation. Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Robert Woodmansey to the Cascade County Conservation District Board for a three-year term beginning January 1, 1999 and expiring December 31, 2001. Motion carried 5-0.
	NEIGHBORHOOD COUNCILS
NC #2	20. Stephen White, Neighborhood Council 2, reported that on December 9, 1998, Neighborhood Council 2 adopted two resolutions. The first was to recommend that the City plan all future utility and street re-construction projects to start earlier in the season and to avoid long street closures because of cold weather. The second was to recommend to the Great Falls Housing Authority that the west side receive no more "high density low income housing" until all the Great Falls neighborhoods receive a proportionate and equal share per capita of population. Mr. White provided signed copies of the resolutions to Mayor Bennett.
	CITY MANAGER
FY 1997/98 Audit Report. Accepted.	21. Junkermier, Clark, Campanella, Stevens, P.C., Certified Public Accountants, conducted the City's FY 1997-98 Annual Audit. The City's Audit Committee was presented the CAFR and the audit report and a separate Management Letter containing internal control findings and recommendations related to operations of the City. The Committee recommended the City Commission accept the CAFR and annual audit as well as approve the responses to the audit report and Management Letter. The audit included the FY 1997-98 findings and recommendations and the City's response/disposition to each finding and recommendation. Commissioner Downer introduced Mr. Dan Konan, from JCCS, to give a report to the City Commission. Mr. Konan, briefly reviewed the CAFR and explained that JCCS gave a qualified opinion based solely on the Y2K issue. He explained that it was not possible to evaluate the implications the year 2000 may have. Mr. Konan also reviewed the Audit Findings and Recommendations. Commissioner Downer moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission 1) accept the FY 1997/98 Comprehensive Annual Financial Report and audit report, and; 2) approve the responses to the audit report and management letter findings and recommendations as presented. Motion carried 5-0.
	PETITIONS AND COMMUNICATIONS
Citizen Comments.	23. Les Hayes, asked if the City taxpayers would be held responsible for the ethanol bonds if the ethanol plant failed. John Lawton, City Manager, explained tax increment financing to Mr. Hayes.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of December 15, 1998, adjourned at 7:42 p.m.