| Regular City Commission Meeting | Mayor Morris Presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Vicki Everson, and John Gilbert. Commissioner Deming was excused. Also present were the Assistant City Manager, City Attorney, Directors of Public Works, Finance, Park & Recreation, Planning, Acting Fire Chief, and the City Clerk.
PROCLAMATIONS: Mayor Morris read a proclamation regarding Unfunded Mandates.
PRESENTATIONS: Mayor Morris presented to the Risk Specialist, Kelly Orrantia, awards received by the City of Great Falls at the Montana League of Cities and Towns Convention for the Safety Risk Management Program and for the Lowest Experienced Modification Factor.
Recently three private parties contacted City staff and expressed an interest in purchasing the former Davies Inn property. The parcel has been determined to be excess City-owned property available for private development. The parcel's market value was established at $18,000 which was the minimum bid price. Two bids were received at the bid opening conducted on October 3, 1994, with the highest being submitted by Mr. Gregory H. Warner for $20,750.
Mayor Morris declared the public hearing open. No one appeared to speak in support of or in opposition to the sale of the City-owned land described as GF Townsite, B251, L9. Mayor Morris closed the public hearing.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission approve the sale of Lot 9, Block 251, Great Falls Original Townsite, addressed as 21 Second Avenue North, to Gregory H. Warner for $20,750 and authorize the City Manager and staff to execute the necessary documents.
Motion carried 4-0.
On April 5, 1994, the City Commission directed Staff, and at least one representative from the fireworks industry, to develop an ordinance defining banned and allowed fireworks. With the intent of lessening the potential risk of fire or injury to the citizens of Great Falls, the Fireworks Committee (Commissioner Bob Deming, Dick Swingley, Mike Mader, and Blaine Martin), met on September 13, 1994 to discuss which fireworks would and would not be allowed to be sold and displayed within the city limits of Great Falls.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission accept Ordinance 2673 on first reading.
Commissioner Gilbert stated that fireworks was a sensitive issue and it was the desire of the City Commission to take a reasonable approach to resolve it. Commissioner Gilbert commended all the parties involved for work well done.
Commissioner Bennett stated that she supported a total ban of fireworks. However, she added, that until the community lets those desires known, this ordinance provided a good compromise.
Commissioner Everson concurred.
Motion carried 4-0.
State and local governments receiving federal funds, are required to comply with the Federal Hatch Act (5 USC 1501). This act restricts the political activities of certain public employees who may be connected with federally funded programs. The City of Great Falls has been bound by the Hatch Act since the beginning of the Community Development Block Grant Program in 1975. To received HOME funds from the Montana Department of Commerce, this resolution was required.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8688.
Motion carried 4-0.
Mayor Morris enumerated Consent Agenda items as follows:
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission approve the Consent Agenda as printed minus item 11.
Motion carried 4-0.
After receiving bids, Staff recommended the City Commission award the bid to Northwest Truck and Trailer of Billings in the amount of $108,128. Between the time of receiving the bids and the City Commission action, several issues surfaced that caused Public Works to request postponement of the bid award at the October 4, 1994 Commission meeting. The primary issue focused on Warranty Service location. According to the bid specifications, warranty work had to be provided in Great Falls. Northwest Truck and Trailer of Billings initially proposed Kois Brothers Equipment of Great Falls as their warranty service location. This was confirmed with Kois Brotherss. Kois representatives later declined to accomplish any warranty service other than the dump body. Northwest Truck and Trailer has since contracted with Bison Motors of Great Falls to perform the warranty service on the cab and chassis.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission award the bid for two new 1995 tandem axle dump trucks to Great Falls Truck Center in the amount of $108,420 as the lowest responsible bidder.
Commissioner Gilbert stated that he contacted Bison Motor Company and did not receive adequate assurance that they could provide timely warranty work. He suggested that for a little over a $100 more on the bid, the necessary warranty work can be provided on a timely basis and that the equipment does not have to be out of service for long periods of time waiting for the necessary parts and supplies. Commissioner Gilbert stated that, in his opinion, the lowest responsible bidder was Great Falls Truck Center.
Further, Commissioner Gilbert, directed the Assistant City Manager to put together a task force to review the City's bidding policies. He stated that it is important that Staff and the City Commission are comfortable with the procedures and that there is always room for improvement. He added that he would like to see a Commissioner on the task force and suggested that Mr. Mike Young also be considered to serve on it.
Commissioner Everson supported Commissioner Gilbert's suggestion.
Motion carried 4-0.
Plaintiffs Woith, on behalf of themselves and the taxpayers of Cascade County, filed legal action seeking refunds from the defendants, taxing authorities, of that portion of residential real property taxes paid by plaintiffs for tax years 1990, 1991 and 1992, that resulted from assessments on such property using appraisal methods declared illegal by the Montana Supreme Court. Through a confidential settlement conference ordered by the District Court with the assistance of a court appointed mediator, plaintiffs and defendants represented by their respective legal counsel, in a series of meetings held on September 28 and 29 did reach a settlement agreement in the total amount of 2.5 million dollars. A break down of the settlement is as follows: the State of Montana, 1 million dollars, protested taxes, unknown dollar amount, and each taxing entity, including the School District; City of Great Falls; and Cascade County to split the remaining balance proportionate to their share of the property taxes levied. This would mean that the City of Great Falls would owe 31% of the remaining balance since 31% of the property taxes paid by property owners in the incorporated City limits is paid to the City.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission approve the settlement with the plaintiffs Woith, et al., and authorize payment of the City share based upon a ratio of the City's mills (31%) to Cascade County's and the School District's mills.
Commissioner Gilbert stated that the exact settlement amount could not be approved by the City Commission because the County was unsure what the balance was in the protested property taxes trust fund that could be used in this settlement agreement. Commissioner Gilbert also stated he was disappointed that the Great Falls Transit District was not included in the lawsuit because they are a taxing authority.
Motion carried 4-0.
There being no further business to come before the Commission, the regular meeting of October 18, 1994, adjourned at 7:31 p.m.
/S/
Gayle Morris, Mayor
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Peggy J. Bourne, City Clerk