PUBLIC HEARINGS

Community Development Director Mike Rattray stated that the owner of the property known as 2315 1st Avenue North was given sixty (60) days beginning July 31, 2002, to obtain either a repair or razing permit for the garage structure. Neither a permit nor an appeal was filed for during the allotted time set by the Uniform Building Code. Proposals for razing the structure were taken with the contract awarded to Wayne Riley Excavating on November 11, 2002. Razing was completed on November 14, 2002. The following expenses were incurred:

Mayor Randy Gray opened the public hearing. There being no one to speak in favor of or opposition to Resolution 9274 the public hearing was closed.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9274.

Motion carried 5-0.
 

The purpose of this Consolidated Plan community issues public hearing was to allow the citizens, especially lower income citizens of Great Falls an opportunity to advise the City Commission of the community's issues. Ideas were encouraged as to how federal grant funds can be used to address these issues and help eliminate needs. The comments heard at this public hearing will be considered by the City Commission in allocating the 2003/2004 Community Development Block Grant and HOME Grant funds.

This hearing was not meant to be a format for agencies to lobby for their respective Community Development Block Grant or HOME Grant funding applications. Instead, individuals were encouraged to speak to housing and non-housing community development issues in the City, and especially the effect of these issues on low and moderate income people.

A forum to obtain public input as to the needs of the community is required by the U.S. Department of Housing & Urban Development in order for the City to secure federal grant dollars. The Citizen Participation Plan, adopted by the City Commission on January 18, 2000, stipulates a public hearing to allow citizens, especially lower income citizens, the opportunity to speak of the needs of the community, and to make recommendations to the City Commission of the use of the Community Development Block Grant and the HOME Grant funds to help address issues and eliminate needs.

Mayor Gray declared the public hearing open. Those addressing the City Commission were as follows:

David Beloat, 608 Central Avenue and William Nance, 608 Central Avenue both stated that there is sub-standard housing in the downtown area that needs to be addressed.

Lyle Meeks, 4509 North Star Boulevard asked the City Commission to consider the Upper and Lower River Road Water and Sewer Districts needs.

Traci Tyra, 13 26th Street South was speaking on behalf of Life Cycles of Cascade County. They will be applying for the first time this year. Life Cycles addresses elder abuse.

City Engineer Dave Dobbs addressed the Commission on behalf of the City of Great Falls. Mr. Dobbs made reference to the infrastructure improvements that would be made possible with CDBG funding. There were plans for street improvements, sidewalk replacements and installation of handicap ramps. With last years CDBG funding, 115 low to mid-income families were helped.

George Paul, 504 4th Avenue South stated that there was a growing need for help in feeding people in the community that were not able to provide for themselves. Mr. Paul sees this as an ongoing problem. Mr. Paul is the Director for the Great Falls Community Food Bank.

There being no one further to address the City Commission, Mayor Gray closed the public hearing.
 

Situated between the Twilite Theater Tracts and Block 1, North Riverview Terrace Addition, Section 3, Part 1, is a dedicated partial alleyway which varies in width from 9.35 feet at 23rd Avenue Northeast to 16.60 feet at Smelter Avenue.

The strip is inaccessible at the north end and is partially obstructed in its south half by power poles and guy wire supports. Occupants of at least two lots along the east side of the strip rely on the southern portion of the alleyway for access to their properties.

However, now, with the new development occurring on the abutting Twilite Theater property, there appears to be an opportunity to rectify this strip which has been an ongoing nuisance and point of confusion to the City and abutting property owners.

Fourteen of the fifteen owners of lots abutting subject right-of-way have signed and submitted a petition supporting the vacation.

The portion of the alleyway abutting Twilite Theater Tracts would, upon abandonment, revert to the owners of Twilite Theater Tracts. The owners of Twilite Theater Tracts would, in turn, provide a non-exclusive access easement along their east boundary for use by neighboring property owners.

The portion of the alleyway abutting Roller City would, upon abandonment, revert to the abutting residential owners in Block 1, North Riverview Terrace, Section 3.

Mayor Randy Gray opened the public hearing. There being no one to speak in favor of or opposition to Resolution 9279 the public hearing was closed.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9279 and authorize the Mayor to execute the accompanying Amended Plat.

Motion carried 5-0.
 

NEW BUSINESS

ORDINANCES/RESOLUTIONS

The City and County agreed to accelerate the termination and transition date of the management and operations of the Cascade County Fairgrounds back to Cascade County effective January 1, 2003. The final terms of the settlement agreement were reached using a process of offer, counteroffer, rejection, or acceptance of different items presented by both the City and the County. The final outcome of this process resulted in an agreement that was acceptable to both parties.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the settlement agreement terminating and transitioning management of the Cascade County Fairgrounds from the City of Great Falls back to Cascade County.

Mayor Gray asked if there was any public comment at this time.

Morgan Wolf, 614 ½ 11 St. N. asked if the commitments made by the City's Fairgrounds staff would be honored by the new management. Fiscal Services Director Coleen Balzarini replied that the new management would honor the existing commitments.

Motion carried 5-0.
 

The City's Audit Committee received a copy of the FY 2001-2002 CAFR, the Independent Auditor's report, responses to the GFOA's (Government Finance Officers Association) comments on the FY 2000-2001 CAFR and a brief summary of the FY 2001-2002 audit on December 12, 2002. The Audit Committee recommended the City Commission accept the CAFR and annual Independent Auditor's report.

Along with the FY 2001-2002 Audit Report, the City's auditors (Junkermier, Clark, Campanella, Stevens, P.C., Certified Public Accountants) issued a separate Audit Management Letter. The letter commented on internal control recommendations related to the operations of the City that could adversely affect the City's ability to record, process, summarize, and report financial data.

The FY 2001-2002 CAFR will be submitted to the Government Finance Officers Association's (GFOA) Certificate of Achievement Program for review. The prior year's CAFR was submitted and subsequently awarded the Certificate of Achievement for Excellence in Financial Reporting. The City has received this certification every year since FY 1993-1994. It was anticipated the FY 2001-2002 CAFR will meet all requirements to receive the certification as well, since all comments and recommendations made by GFOA for improvement of presentation were implemented in the FY 2001-2002 CAFR.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Beecher, that the City Commission accept the FY 2001-2002 Comprehensive Annual Financial Report and Independent Auditor's report as presented as well as approve the responses to the Audit Management Letter recommendations as presented, and authorize staff to submit the responses to the State of Montana, Department of Administration and other government agencies as necessary.

Motion carried 5-0.
 

The Montana Municipal Insurance Authority (MMIA) has been participating in a group purchase entity, the National Public Entities Excess (NPX), to access markets for reinsurance for a number of years. As it became more difficult to obtain excess and reinsurance, the members of NPX determined it was in the best interest of the members to develop a captive insurance company. Government Entities Mutual, Inc. (GEM) will be a captive insurance organization that provides excess and/or reinsurance markets for its members. GEM would provide a portion of the coverage and reinsure the remaining portions. This would allow GEM members to more readily and economically obtain reinsurance.

Along with the MMIA, various public entity pools from around the United States would be participating in GEM. These include Delaware Valley Insurance Trust (DVIT), Illinois Park District Risk Management Agency (PDRMA), Virginia Transit Liability Pool (VTLP), New Hampshire Public Risk Management Exchange (PRIMEX), Washington Government Entity Pool (WGEP), Washington State Transit Insurance Pool (WSTIP), Washington Cities Insurance Authority (WCIA), Wisconsin Municipal Insurance Company (WMIC), Miami (Ohio) Area Risk Insurance Trust (MARCIT), and Texas School Boards Association (TASB). It was anticipated that these agencies would be initial participants in GEM, with a significant number of pools stating an intent to participate as their insurance coverage renewed during the coming year.

The MMIA would need to make a premium deposit in the amount of $500,000 to the GEM account. This amount would come on a pro rata basis from both the Liability and Workers' Compensation Programs, with the shares determined by the amount of annual premium paid by each program to GEM. In addition to this deposited amount, annual premiums would be charged to MMIA for excess or reinsurance for our Liability and Workers' Compensation.

The principal benefit to the MMIA is that reinsurance or excess insurance would be provided for each program from a dependable source at more affordable rates. Because GEM would self-insure the first $1 million of reinsurance for each program, that layer of coverage would be provided directly by the pooled program. Reinsurance coverage above that layer would be procured from the commercial markets with the advantage of the group purchasing power of all GEM participants. In addition, if the GEM program proves to be successful, the founding members, of which the MMIA would be one, would be eligible for a return of all or a portion of the premium deposit, depending upon the success of the program and the continuing actuarially determined needs of GEM.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9276.

Motion carried 5-0.
 

The Montana Municipal Insurance Authority (MMIA) has been participating in a group purchase entity, the National Public Entities Excess (NPX), to access markets for our reinsurance for a number of years. As it became more difficult to obtain excess and reinsurance, the members of NPX determined it was in the best interest of the members to develop a captive insurance company. Government Entities Mutual, Inc. (GEM) will be a captive insurance organization that would provide excess and/or reinsurance markets for its members. GEM would provide a portion of the coverage and reinsure the remaining portions. This would allow GEM members to more readily and economically obtain reinsurance.

Along with the MMIA, various public entity pools from around the United States would be participating in GEM. These include Delaware Valley Insurance Trust (DVIT), Illinois Park District Risk Management Agency (PDRMA), Virginia Transit Liability Pool (VTLP), New Hampshire Public Risk Management Exchange (PRIMEX), Washington Government Entity Pool (WGEP), Washington State Transit Insurance Pool (WSTIP), Washington Cities Insurance Authority (WCIA), Wisconsin Municipal Insurance Company (WMIC), Miami (Ohio) Area Risk Insurance Trust (MARCIT), and Texas School Boards Association (TASB). It was anticipated that these agencies would be initial participants in GEM, with a significant number of pools stating an intent to participate as their insurance coverage renewed during the coming year.

MMIA would need to make a premium deposit in the amount of $500,000 in the GEM account. This amount would come on a pro rata basis from both the Liability and Workers' Compensation Programs, with the shares determined by the amount of annual premium paid by each program to GEM. In addition to this deposited amount, annual premiums would be charged to MMIA for excess or reinsurance for Liability and Workers' Compensation.

The principal benefit to the MMIA is that reinsurance or excess insurance would be provided for each program from a dependable source at more affordable rates. Because GEM would self-insure the first $1 million of reinsurance for each program, that layer of coverage would be provided directly by the pooled program. Reinsurance coverage above that layer would be procured from the commercial markets with the advantage of the group purchasing power of all GEM participants.

In addition, if the GEM program proves to be successful, the founding members, of which the MMIA would be one, would be eligible for a return of all or a portion of the premium deposit, depending upon the success of the program and the continuing actuarially determined needs of GEM.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9277.

Motion carried 5-0.
 

Public Works Director Jim Rearden reported that a project to reconstruct this portion of the Northeast Bypass has been planned for several years. Although construction was originally scheduled for 2005, MDT was now scheduling construction for 2003 / 2004. The primary reason for this change was to avoid conflicts with the Lewis and Clark signature event scheduled for 2005 in Great Falls.

The existing two lane highway, some of which is in a state of advanced deterioration, would be replaced with two concrete driving lanes. From 38th Street North to 10th Avenue North, a concrete center turn lane would be installed. From 10th Avenue North to 2nd Avenue North, a raised median would be installed. Traffic signals would be installed at 38th Street North and 10th Avenue North. Improvements would be made to the geometry, especially at 38th Street, and one of the railroad crossings would be removed. Landscaping, lighting, and 8-foot wide shoulders would be included in the project. Improvements to City utilities would be minimal. Tenth Avenue North between 38th and 57th Streets would be paved to serve as a temporary bypass during construction.

This resolution helps preserve the carrying capacity of the Northeast Bypass by restricting new driveways that are proposed within the city limits. The affect would be minimal, since most of the area is served by North Star Boulevard, North Park Trail, or existing driveways. As remaining vacant land develops, traffic would be directed to these parallel streets.

Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9278, concurring with the Montana Department of Transportation in establishing limited access along the Northeast Bypass.

Motion carried 5-0.
 

CONSENT AGENDA

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

Motion carried 5-0.
 

BOARDS AND COMMISSIONS

At the November 5, 2001, City Commission Work Session, the Commission voiced agreement to initiate a process to review the City's Sign Code. Appointments were made in December of 2001, and the Sign Code Review Committee has been meeting since that time. The Committee has been reviewing the current code to identify inadequacies or problems and will be recommending changes to the City Commission for their consideration.

The Sign Code Committee had voiced concern that the business community was not fully represented with the current mix of members. They asked to see one additional member appointed to provide additional insight for the professional/service business community.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission appoint Carl Kochman to represent profession/service business on the Sign Code Review Committee.

Motion carried 5-0.
 

ADJOURNMENT

There being no further business to come before the City Commission, at the regular meeting of December 17, 2002, Mayor Gray adjourned to Executive Session at 8:06.p.m. to discuss pending litigation. Pursuant to 2-3-203, MCA, and upon request of the City Manager, the City Commission meeting was hereby closed to discuss litigation strategy concerning threatened legal action over the proposed Town Pump Lounge and Casino at 1605 Fox Farm Road.

Great Falls Tribune Reporter Katie Johannes stated that on behalf of the newspaper she was objecting to the closed session. Mayor Gray so noted Ms. Johannes's objection and the meeting was adjourned.