JOURNAL OF COMMISSION PROCEEDINGS
DECEMBER 15, 1999

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, Assistant City Manager, City Attorney, Directors of Community Development, Public Works, Fiscal Control, Management Information Services, Library, Human Resources, Park & Recreation, Fairgrounds, Planning, Fire Chief, Police Chief, and the Deputy City Clerk.

SWEARING IN: Mayor Bennett swore in four newly elected Neighborhood Council members that were unable to attend the November 30, 1999, meeting.

PUBLIC HEARINGS

Ord. 2763, Amending Portions of OCCGF, Chapter 8.07, Smoking in Indoor Places of Employment and Public Places. Adopted.

1.
ORDINANCE 2763, AMENDING PORTIONS OF OCCGF, CHAPTER 8.07, SMOKING IN INDOOR PLACES OF EMPLOYMENT AND PUBLIC PLACES.

Ordinance 2763 amended Chapter 8.07 of the Official Codes for the City of Great Falls, Smoking in Indoor Places of Employment and Public Places. The amendment primarily took away the exemption for 24-hour restaurants and allows existing restaurants to declare their intent to be non-smoking or smoking establishments. Newly established restaurants are required to be non-smoking. The amendment also clarified when smoking must be prohibited in bowling centers.

Commissioner Beecher recapped the history of the Ordinance and the conflict resolution process that representatives of the Tobacco Free Coalition, interested restaurant and bowling alley owners, the City Commission, and enforcement staff participated in. He emphasized what they would be voting on tonight was only the proposed amendments to the Ordinance that was already in place.

Mayor Bennett declared the public hearing open. Those speaking in opposition to Ordinance 2763 were as follows:

Wendy McCamey, American Cancer Association; Ron Bennett, 1601 16th Avenue South; Dan Bruins, 209 4th Street South; Elmer Fauth, 1210 55th Avenue SW; Alan Recke, 609 33rd Avenue NE; Douglas Carter, 416 Central Avenue; Claudia Mecham, 2704 2nd Avenue South; Pam Guschausky, 1523 1st Avenue South; Willey Thornley, 1818 12th Avenue South; Katie Beltrone, 220 3rd Avenue North; Justine Walker, 1526 Central Avenue; M. Lauzon, 1600 4th Avenue North; Don Mecham, 2704 2nd Avenue South.

Those speaking in support of Ordinance 2763 were as follows:

Sue Ann Strickland, 609 2nd Avenue SW; Alex Phillips, American Lung Association; Ellie Hilpert, 716 9th Avenue SW; Ken Trow, 100 Central Avenue; Lynette Hughes, 504 14th Street SW; Ron Staley, 801 3rd Avenue Southwest.

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

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Ordinance 2763 and set January 31, 2000, as the effective date.

Commissioner Rosenbaum stated that this Ordinance was a good start to protect the health and economy of our community and the conflict resolution team came up with a mutual win-win agreement.

Commissioner Downer stated that in representative government there was no way to please everyone and this Ordinance was not set in concrete and can be further modified.

Commissioner Gray stated that this was an incremental process. He stated smoking was not a fundamental right and smoking is viewed as a health versus a moral issue.

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

Res. 9057, Consolidate and Modify Special Lighting Districts 1278, 1279, and 1287. Adopted.

2.
RES. 9057, CONSOLIDATE AND MODIFY SPECIAL LIGHTING DISTRICTS 1278, 1279, AND 1287.

Res. 9057 consolidated SLD 1278, 1279, and 1287 into a single SLD 1278 and made a minor modification by adding new lights in the Meadowlark Addition #1 in accordance with 7-12-4354, M.C.A. This resulted in an annual assessment in the consolidated and modified areas of $90.89 for an average lot. There is no increase to properties currently in the proposed consolidated districts. The increase in expenses by including nine lights in Meadowlark Addition #1 will be distributed to the 18 new parcel additions within that area.

Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Res. 9057. Mayor Bennett closed the public hearing.

Commisisoner Rosenbaum moved, seconded by Commissioner Downer that the City Commission adopt Resolution 9057.

Motion carried 5-0.

Lease, Community Recreation Center Space to Big Brothers and Big Sisters of Cascade County. Approved.

3.
COMMUNITY RECREATION CENTER OFFICE LEASE TO BIG BROTHERS AND BIG SISTERS OF CASCADE COUNTY.

Big Brothers and Big Sisters approached the City regarding leasing the upper office area in the Community Recreation Center. The facility is attractive to their organization due to activities being conducted at the Center. The Park and Recreation Department advertised for prospective tenants and Big Brothers and Big Sisters were the only respondents. The term of the lease is for five years with a rental amount of four hundred dollars ($400) per month.

Mayor Bennett declared the public hearing open. Those speaking in support of the Community Recreation Center Lease were as follows:

Paige Nicholson, 420 29th Street North. She provided information on the Big Brothers and Big Sisters program and their presence in the Center would create a positive partnership with the City.

No one appeared to speak in opposition to the lease of the Community Recreation Center. Mayor Bennett closed the public hearing.

Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve the lease of the Community Recreation Center upstairs office area to big Brothers and Big Sisters of Cascade County.

Motion carried 5-0.

OLD BUSINESS

NEW BUSINESS

GF Townsite, B365, L12. Development and Option Agreements, U.S. Bank. Approved.

4.
DEVELOPMENT AND OPTION AGREEMENTS, U.S. BANK, DOWNTOWN PARKING STRUCTURE. (OF 1259) GF TOWNSITE, B365, L12.

Agreement provided for purchase for the west half of Lot 11 and Lot 12, Block 365, Original Townsite from U.S. Bank and provided for use of the air rights above Lots 13 and 14, Block 365, Original Townsite to be used for construction of the proposed new parking structure.

Commissioner Gray moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the Development Agreement and Option Agreement which provide for the purchase of the west half of Lot 11 and Lot 12, Block 365, Original Townsite from U.S. Bank and provides for use of the air rights above Lots 13 and 14, Block 365, GF Townsite, Great Falls, Montana.

Donald Mecham, 2704 2nd Avenue South, stated he was opposed to parking meters and parking lots and that downtown businesses were suffering.

Commissioner Beecher stated that the Commission had been briefed on this project in the Work Session and there would be ample time for public comment.

Commissioner Downer stated the Parking Advisory Commission continued to recommend meters in the downtown area.

Motion carried 5-0.

Audit Report,Fiscal Year 1998-99. Approved.

5.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FY 1998-99 AND INDEPENDENT AUDITOR'S REPORT.

Junkermier, Clark, Campanella, Stevens, P.C., Certified Public Accountants, conducted the City's FY 1998-99 Annual Audit. Based on the Independent Auditor's report, the general purpose financial statements present fairly, in all material respects, the financial position of the City of Great Falls, Montana, as of June 30, 1999, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Staff responses to a separate management letter referred to in the CAFR will be presented to the Commission at the first meeting in January 2000.

Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission accept the FY 1998-99 Comprehensive Annual Financial Report and Independent Auditor's report as presented.

Motion carried 5-0.

ORDINANCES/RESOLUTIONS

Res. 9061, A Joint Resolution Amending Resolution 8981 to Create a Joint City, Cascade County, and Chouteau County Lewis & Clark Bicentennial Commission. Adopted.

6.
RESOLUTION 9061, A JOINT RESOLUTION AMENDING RESOLUTION 8981 TO CREATE A JOINT CITY, CASCADE COUNTY, AND CHOUTEAU COUNTY LEWIS & CLARK BICENTENNIAL COMMISSION.

In 1997 the City Commission created the Lewis & Clark Bicentennial Commission and later amended it to be a regional commission after adopting Res. 8981. Since that time, the Lewis & Clark Bicentennial Commission has held several organizational meetings and requested that the Commission be modified to receive appointments from the City, Cascade County, and Chouteau County. Cascade County adopted Resolution 99-89 expressing its intent to collaborate with the City in conjunction with the Lewis & Clark Bicentennial.

Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9061.

Motion carried 5-0.

Consent Agenda
Approved as printed.

CONSENT AGENDA
7.
Minutes, November 30, 1999, Commission meeting.
8.
Total Expenditures of $919,432 for the period of November 18 thru December 1, 1999, to include claims over $500, in the amount of $897,815.
9.
10.
Deed, Silver State Building IDR Bonds (GF Townsite, B316, L6 & 7). Transfered the Silver State Building to the owners and successors, Donald L. Ostrem and the Leo Graybill, Jr. Irrevocable Testamentary Trust.
11.
Consulting Engineering Services Agreement, Water and Sewer Rate Study. Authorized a water and sewer rate study to be conducted by Black & Veatch Corporation in the amount of $58,000.
12.
Set public hearing for January 18, 2000, at 7:00 p.m. on Res. 9062, for Water & Sewer Rate and Fee Changes.
13.
Set public hearing for January 4, 2000, at 7:00 p.m. on Res. 9058, Golf Fees.
14.
Set public hearing for January 4, 2000, at 7:00 p.m. on lease of park land to American Legion Baseball programs.
15.
Set public hearing for January 4, 2000, at 7:00 p.m. on lease of park land to Riverside Little League.
16.
Extension of Preliminary Plat Approval, Prairie Ridge Addition. Granted a one-year extension of the conditional approval of the preliminary plat of Prairie Ridge Addition to November 19, 2000.
17.
Amended Plat, 4126 North Park Trail (L 17, B 1, North Park Addition). Subdivided a partially developed 1.6 acre parcel of land in North Park Addition into two lots.
18.
Agreement, Beach Break Flow Rider Water Attraction (OF 1269). Approved agreement in the amount of $416,250 with Wave Loch for design and license purchase for the Beach Break Flow Rider Water Attraction.
19.
Final Pay Request, River's Edge Trail (OF 1029.5). Approved the final payment to Wadsworth Builders, Inc, and the State Miscellaneous Tax Division in the amount of $5,851.15 for work done to the River's Edge Trailhead.
20.
Postpone Bid Award, New 2000 Flatbed Truck. Postpone bid award on new 2000 flatbed truck to allow staff more time to review bids.

Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission accept the Consent Agenda as printed.

Motion carried 5-0.

BOARDS/COMMISSIONS

Minor Plat of Twilite Theatre Tracts and Accompanying Improvements Agreement. Approved.

21.
MINOR PLAT, TWILITE THEATER TRACTS AND ACCOMPANYING IMPROVEMENTS AGREEMENT.

The Minor Plat subdivides the property previously occupied by the Twilite Theater complex into three lots to accommodate, in part, a 20 unit residential condominium project and approximately 90,000 sq. ft. of commercial space. The Improvements Agreement outlines terms and conditions associated with extension of City utility mains into the site, improvement of abutting public roadways and adherence to the project site plan.

Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission approve the Minor Plat of Twilite Theater tracts and the accompanying Findings of Fact and Improvements Agreement.

Motion carried 5-0.

Regional Airport Authority. Appoint Michael Hennessy to a three-year term.

22.
APPOINTMENT, REGIONAL AIRPORT AUTHORITY.

Tim Ryan's term on the Airport Authority Board expires on December 31, 1999. Mr. Ryan has served on the Board since 1991 and is not eligible for reappointment.

Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission appoint Michael Hennessy to the Regional Airport Authority for a three-year term beginning January 1, 2000, and expiring December 31, 2002.

Motion carried 5-0.

PETITIONS AND COMMUNICATIONS

Motor Sport Facility.

26.
Ken Kraus, 26 Eden Park Lane, presented a letter of intent stating the Central Montana Timing Association is committing to participate 1/3 of the cost in a feasibility study on the Motor Sports Park proposal and requested the City of Great Falls do the same.

ADJOURNMENT

Adjourn

There being no further business to come before the Commission, the regular meeting of December 15, 1999, adjourned at 8:54 p.m.


/S/
Mayor Joan Bennett

/S/
Joyce Thares, Deputy City Clerk