JOURNAL OF COMMISSION PROCEEDINGS
JANUARY 6, 1998

Regular City Commission Meeting

Mayor Deming presiding

CALL TO ORDER: 7:00 PM

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

INTRODUCTION OF NEW EMPLOYEES: Several employees attending the orientation session were introduced to the City Commission.

SWEARING-IN CEREMONY: Judge McKittrick performed the swearing in ceremony for Mayor Joan Bennett, and Commissioners John Rosenbaum and Bill Beecher.

	PUBLIC HEARINGS
Res. 8915, Create SLD 1289. Tabled.	1. RESOLUTION 8915, TO CREATE SPECIAL LIGHTING DISTRICT 1289. Staff received a request for commercial street lighting on Market Place Drive and 14th Street SW. There are four properties in the proposed district. The district would include the installation of sixteen, 400 watt high pressure sodium (hps) and twenty-three, 200 watt hps street lighting units mounted on steel poles with underground line. The estimated annual cost, including the City's 10% administrative charge, is $9,361.18. The City's funding source for street lighting required the establishment of a special lighting district. On Wednesday, December 3, 1997, Mayor Deming was contacted by Deloris Russell, a property owner in the proposed special lighting district, who stated that the required fifteen day protest period for the creation of Special Lighting District 1289 had not been met. She explained that the notices were dated November 19, 1997, and the protest period ended on December 2, 1997. This would mean, then, that the protest period was actually 14 days instead of the required 15 days. In researching the City's records, it was confirmed that the required 15 day protest period had in fact not been met. Therefore, Staff recommended the City Commission reconsider the motion made at the December 2, 1997, meeting and direct Staff to do what was necessary to restart the creation process for the special lighting district. Further, Staff recommended the City Commission reset the public hearing for the creation of Special Lighting District 1289 to January 6, 1998. Staff reinitiated the process for the creation of a special lighting district. Two letters of protest were received and two letters were received requesting modification of the special lighting district boundaries. The proposed boundaries recommended by Staff took into consideration issues of benefit and equity within the guidelines provided by State statutes. While the lighting within the proposed district is uniform in nature, the types of land use within the boundary of the district vary from industrial, to commercial, to single family use. The single family properties have one access point benefitting single families. The commercial and light industrial properties have the potential for multiple access points and benefit multiple users. If the land use changes from single family to either commercial or light industrial in the future, the boundaries may be modified to include the entire square footage of the property, by Commission action. This would be reasonable in view of all properties then receiving similar benefits from the lighting. Mayor Bennett declared the public hearing open. Jeanie Langendorf, 2516 14th Street SW, and Deloris Russell, 2614 14th Street SW, spoke in opposition to the creation of the Special Lighting District. No one spoke in support. There being no one further to address the City Commission, Mayor Bennett declared the public hearing closed. Mayor Bennett requested Coleen Balzarini, City Controller, to explain the events that had transpired regarding this special lighting district since the last meeting. Mrs. Balzarini complied. Commissioner Rosenbaum moved, seconded by Commissioner Gray, that the City Commission table action on Resolution 8915 and direct Staff to explore other options regarding the boundaries. Commissioner Downer asked if the lights abutting the Langendorf and Russell properties had to be installed and if not, could the installation wait until the properties are sold and Staff is more certain as to what future plans for the properties entails. Mrs. Balzarini explained that the wiring for the lights has already been installed. However, that the installation of the lights could wait. Commissioner Gray explained that he was still uncomfortable about assessing County residents in the special lighting district. He explained that, in his opinion, this was taxation without representation. He stated he supported the motion to table action on this resolution and asked that Staff bring back a collaborative recommendation between the Fiscal Control Department, Police Department, and Public Works Department. Motion carried 5-0.
Res. 8916, Create SLD 1290. Adopted.	2. RESOLUTION 8916, CREATE SPECIAL LIGHTING DISTRICT 1290. Staff received a request for residential street lighting on Market Place Drive. There is one property owner in the proposed district. The district would include the installation of five, 100 watt hps street lighting units mounted on fiberglass poles with underground line. The estimated annual costs, including the City's 10% administrative charge, is $808.50. The City's funding source for residential street lighting requires the establishment of a special lighting district. On Wednesday, December 3, 1997, Mayor Deming was contacted by Deloris Russell, a property owner in the proposed Special Lighting District 1289. Ms. Russell stated that the required fifteen day protest period for the creation of Special Lighting District 1289 had not been met. She explained that the notices were dated November 19, 1997, and the protest period ended on December 2, 1997. This would mean, then, that the protest period was actually 14 days instead of the required 15 days. In researching the City's records, it was confirmed, that the required 15 day protest period had in fact not been met. Because Special Lighting Districts 1289 and 1290 were done simultaneously, Staff recommended the City Commission reconsider the motion made at the December 2, 1997, meeting and direct Staff to do what was necessary to restart the creation process for the special lighting district. Further, Staff recommended the City Commission reset the public hearing for the creation of Special Lighting District 1290 to January 6, 1998. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 8916. Mayor Bennett closed the public hearing. Commissioner Downer moved, seconded by Commissioners Gray and Rosenbaum, that the City Commission adopt Resolution 8916. Motion carried 5-0.
Law Enforcement Block Grant Funding. Approved.	3. LAW ENFORCEMENT BLOCK GRANT FUNDING. The Great Falls Police Department applied for a grant that required an advisory board to be appointed to review the application and proposed use for funding. The City Commission appointed the ad hoc advisory board at their regular meeting held December 16, 1997. The advisory board met on December 18, 1997, and discussed using the block grant funding for the continuing purpose of offsetting costs associated with computer equipment and software purchases. The proposed computer system would support a future computer aided dispatch system, the court system, and the police records system. It would also provide for improved crime analysis. Mayor Bennett declared the public hearing open. No one appeared to speak in support of opposition to the proposal for the use of the grant money. A member of the ad hoc committee was in the audience to address any questions the City Commission may have had. Mayor Bennett declared the public hearing closed. Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission accept the recommendation of the L.E. Ad Hoc Committee for the use of the BJA grant funds. Motion carried 5-0.
Public Park Leases. Approved.	4. PUBLIC PARK LAND LEASES. Title 3, OCCGF requires that the City Commission conduct public hearings prior to leasing park land. At their regular meeting held December 16, 1997, the City Commission set January 6, 1998, as the date for the public hearing for leases with the Electric City Soccer Club, Great Falls Youth Soccer Association, Westside Little League Association, Riverside Little League Association, American Little League Association, and the Great Falls BMX Association. Mayor Bennett declared the public hearing open. No one appeared to speak in support of or opposition to the proposed leases. Mayor Bennett closed the public hearing. Commissioner Gray moved, seconded by Commissioner Downer, that the City Commission approve the lease agreements with the Electric City Soccer Club, Great Falls Youth Soccer Association, Westside Little League Association, Riverside Little League Association, American Little League Association, and the Great Falls BMX Association, and authorize the City Manager to execute said agreements. Motion carried 5-0.
	OLD BUSINESS
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Consent Agenda Approved as printed.	CONSENT AGENDA 5. Minutes, regular meeting held December 16, 1997. 6. Claims over $500. 7. Contracts List. 8. Set public hearing, CDBG/HOME Community Issues Public Hearing. Sets January 20, 1998, as the public hearing date for citizen comments on issues of the community. 9. Bid Award, four wheel drive utility vehicle. Award bid to Bison Motor Company in the amount of $27,560 for one four wheel drive utility vehicle. 10. Engineering Services Agreement Amendment #1 for the 1998 Wastewater Facilities Plan (OF 1176). Expand scope of contract to include outfall investigation, nitrification evaluation and plant hydraulic profile which increases the contract amount $12,254. Increased work scope was due to modifications made by the Environmental Protection Agency for effluent toxicity testing. 11. Final Payment, 7th Avenue North Water Main Replacement (OF 1156). Final payment to Planned and Engineered Construction, Inc., in the amount of $16,850.37 and payment of $169.20 to the State Miscellaneous Tax Division. 12. Final Payment, Vaughn Road Drainage Improvements (OF 1166). Final payment to Planned and Engineered Construction Inc., and the State Miscellaneous Tax Division in the amount of $217,491.85 13. Final Payment, 1997 Infrastructure Improvements NHS/CDBG 1st Avenue North to Central Avenue from 37th Street to 38th Street (OF 1179). Final payment to United Materials of Great Falls Inc., in the amount of 13,944.43 and payment of $140.85 to the State Miscellaneous Tax Division. 14. Reject Bids, Anaconda Hills Golf Course Irrigation (OF 819.5). Reject bids received because they came in over the budgeted amount. 15. Accept Proposal, Montana ExpoPark Electric Sign (OF 1035). Accept the proposal from Epcon Sign Company in the amount of $39,900, for the installation of an electronic sign located at the corner of 3rd Street NW and the NW Bypass. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission approve the Consent Agenda as printed. Motion carried 5-0.
	BOARDS/COMMISSIONS
Cascade County Conservation District. Reappoint Gestring.	16. REAPPOINTMENT, CASCADE COUNTY CONSERVATION DISTRICT. Mr. Gestring's appointment to the Cascade County Conservation District expired December 31, 1997, therefore it was necessary to make a reappointment. Mr. Gestring had served three, three-year terms and was interested in reappointment. The Conservation District recommended reappointing Mr. Gestring. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission reappoint Charles Gestring to the Cascade County Conservation District Board beginning January 1, 1998, and expiring December 31, 2000. Motion carried 5-0.
Civic Center Advisory Board. Appoint Zadick.	17. APPOINTMENT, CIVIC CENTER ADVISORY BOARD. At the December 16, 1997, Commission meeting, the City Commission appointed John Gilbert to a three year term. However, Mr. Gilbert declined the appointment, therefore it was necessary for the City Commission to make another appointment to this board. Commissioner Downer moved, seconded by Commissioner Gray, that the City Commission appoint Gary Zadick to the Civic Center Advisory Board for a three year term, beginning January 1, 1998, and expiring December 31, 2000. Motion carried 5-0.
	CITY COMMISSION
Mayor Pro tempore. Appoint Gray and Downer.	19. APPOINTMENT, MAYOR PRO-TEMPORE<. The City Charter states that "(t)he mayor pro tempore shall serve in the absence of the elected mayor. The city commissioners shall elect from among themselves a mayor pro tempore no later than one month after taking office. The mayor pro tempore shall serve a term of two years, or until the city commission has held an election. Any vacancy in this office shall be filled by a special election among the remaining city commissioners. Any person elected to fill such a vacancy shall serve the remaining portion of the term which the vacancy occurred." Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission appoint Commissioners Gray and Downer to serve as mayor pro tempore for two year terms effective immediately. Motion carried 5-0.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of January 6, 1998, adjourned at 8:00 p.m.