JOURNAL OF COMMISSION PROCEEDINGS
FEBRUARY 3, 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, Management Information Services, Library, Park & Recreation, Acting Director of the Fairgrounds, Acting Planning Director, Fire Chief, Police Chief, and the City Clerk.

PRESENTATION: Tim Magee, Budget/MIS Director, presented a refund check received from the Montana Municipal Insurance Authority.

	PUBLIC HEARINGS
	OLD BUSINESS
Res. 8915, Create SLD 1289. Removed from table and adopted.	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 explained that the City Commission tabled this issue on January 6, 1998, to give Staff additional time to meet with those protesting the SLD. Mayor Bennett asked for the direction of the City Commission. Commissioner Gray moved, seconded by Commissioner Beecher, that the City Commission remove Resolution 8915 from the table and adopt said resolution. Mayor Bennett asked if anyone in the audience wished to address the Commission regarding this resolution. Deloris Russell, 2614 14th Street SW, and Jeanie Langendorf, 2516 14th Street SW, both spoke in opposition to the creation of the lighting district. Coleen Balzarini, City Controller, stated the lights are necessary for safety purposes due to the construction of a new intersection. Commissioner Rosenbaum stated that the proposed boundaries and assessments represented the best decision in this situation. Commissioner Gray stated that he was at first concerned about taxation without representation, however, has since resolved that issue. He commended Mrs. Balzarini and her staff for their work on this lighting district. He added that the proposed boundaries and assessments are equitable and resolve safety concerns. Commissioner Downer stated that the new intersection would be dangerous without lights. There being no further discussion, Mayor Bennett called for the vote. Motion carried 5-0.
	NEW BUSINESS
	ORDINANCES/RESOLUTIONS
Ord. 2734, Boulevard Landscaping Standards. Accepted on first reading.	2. ORDINANCE 2734, REVISING BOULEVARD LANDSCAPING STANDARDS FOR NON-RESIDENTIAL AND RESIDENTIAL AREAS. A well landscaped boulevard preserves and displays a community's best features and visually softens otherwise harsh building forms and paved areas while attaining a harmonious fit. Ordinance 2734 recognizes the comfort, interest, and pleasure a good boulevard provides to residents and visitors. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2734 on first reading and set the final reading for 7:00 p.m., February 17, 1998. Cheryl Patton, Community Development Director, stated that these amendments were recommended by the Board of Adjustment. Motion carried 5-0.
Res. 8924, Berkner Heights Add, Phase 4, Final Plat, Annexation, Easement. Adopted.	3. RESOLUTION 8924, FINAL PLAT, ANNEXATION AGREEMENT AND EASEMENT FOR BERKNER HEIGHTS ADD., PHASE 4. The final plat of Berkner Heights Addition, Phase 4, consists of 15 single family residential lots in the vicinity of 39th Street and 19th Avenue South. Resolution 8924, annexes the addition into the City and the accompanying annexation agreement outlines the terms and conditions of annexation and plat approval. The easement accommodates a sanitary sewer extension between the existing south terminus of 39th Street South and Phase 4. Commissioner Gray moved, seconded by Commissioner Rosenbaum, that the City Commission approve: 1) Annexation Resolution 8924; 2) the final plat of Berkner Heights Addition, Phase 4; 3) the accompanying annexation agreement; and 4) the easement. Motion carried 5-0.
Res. 8925, Intent to Annex a Portion of McLean Garden Tracts Lot 1. Adopted.	4. RESOLUTION 8925, INTENT TO ANNEX A PORTION OF LOT 1, MCLEAN GARDEN TRACTS. The Planning office received a request from Harold Mora to annex his property located at 2606 Lower River Road which is approximately one mile south of the City Water Treatment Plant. Proposed Lot 1B is occupied by the Mora residence. Lot 1A is presently vacant, however, Mr. Mora plans to build a single family dwelling on the site. The Planning Board during a regular meeting held October 14, 1997, passed a motion recommending the City Commission annex the area within the Amended Plat of a Portion of Lot 1, McLean Garden Tracts, excluding the portion comprising of a 80 foot wide easement for Lower River Road, applying for zoning classification of "A" Residence Use, "A" Area District classification subject to the petitioner paying all applicable fees; obtaining the City Public Works Department approval on final engineering documents for the water main extension; and executing annexation agreement. The petitioner has fulfilled the conditions. Commissioner Rosenbaum moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8925. Motion carried 5-0.
Consent Agenda Approved as printed.	CONSENT AGENDA 5. Minutes, January 20, 1998, regular Commission meeting. 6. Claims over $500. 7. Contracts List. 8. Release of Tax Increment Surplus. Bond fund analysis showed $720,000 in surplus tax increments. The FY 1997/98 distribution calculation was based on 1997 mill levies, but included a correction for prior year distributions. The City received $143,976; the Library - $4,952; the County - $134,863; the School District - $257,016; the State (for schools) - $165,781 and the Transit District - $13,483. 9. Bid Award, Anaconda Hills Golf Course Irrigation Supplies (OF 819. 5). Award bid to Midland Implement in the amount of $67,213.24 and authorize the City Park and Recreation Department to serve as general contractor. 10. Reject Bid, Multi-Sports Complex Concession Bid. Reject the bid received and authorize Staff to explore other opportunities for providing concession services at the Multi-Sports Complex. 11. Contract Award, City-County Health Department Medical Office Building (OF 1195). Award contract to James Talcott Construction, Inc., in the amount of $1,445,000. 12. Final Claim, 1996 Rehabilitation of Sanitary Sewer Manholes, Phase III (OF 1065.3). Final payment to P.E.C. in the amount of $900.90 and the State Miscellaneous Tax Division in the amount of $9.10. 12A. Ambulance Dispatch Agreements. Agreements with the three ambulance companies located in Great Falls who receive services from the 911 Center. Agreements provide for the dispatch fee schedule, the payment schedule and the transition payment schedule. Commissioner Beecher moved, seconded by Commissioner Downer, that the Consent Agenda be approved as printed. Motion carried 5-0.
	NEIGHBORHOOD COUNCIL REPORTS
Neighborhood Council #9	13A. Jim McMahon, 3121 2nd Avenue South, Neighborhood Council 9, stated that Council 9 has had discussions regarding the parking issues at Great Falls High. He added that many residents have participated and the Council has received a lot of feedback on this issue.
	CITY MANAGER
Public Meeting regarding Albertson's buying Buttreys to be held March 10, 1998.	14. City Manager, John Lawton, reported to the City Commission that staff has been in contact with representatives from Albertson's and that a public meeting regarding the buy out of Buttrey's Food will be held March 10, 1998. He stated that details are still being worked out and that he will keep the City Commission and the public posted on further developments.
	CITY COMMISSION
CDBG 1998/99 Policies and Funding Priorities. Approved.	15. 1998/99 COMMUNITY DEVELOPMENT BLOCK GRANT POLICIES AND FUNDING PRIORITIES. The CDBG Policies, are adopted each year by the City Commission. This year, Staff recommended that the City Commission amend the policies by omitting policy #8 and inserting the leveraging and matching funds policy listed as #10 in the 1998 CDBG Policies. Based on testimony given at the Community Issues and Needs Public Hearing held by the City Commission on January 20, 1998, Staff recommended changes from the 1997 priorities which include: the recommended increases in the Economic Development Job Training/Slum & Blight allocation from 5% to 14%, increasing Administration from 15% to 16%, and decreasing the Public Facility Improvement allocation from 35% to 25%. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission approve the 1998 CDBG Policies and approve the 1998 Community Development Block Grant Funding Priorities. Motion carried 5-0.
City Commission announcements and reports.	16. MISCELLANEOUS REPORTS AND ANNOUNCEMENTS. Commissioner Gray pointed out that the action taken on Item 8, Tax Increment Surplus, proves that form of financing works. Mayor Bennett stated that Fire Station 1 will be having an open house on Saturday, February 7, 1998.
	ADJOURNMENT
Adjourn	There being no further business to come before the Commission, the regular meeting of February 3, 1998, adjourned at 7:35 p.m.