| 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, Human Resources, Library, Management Information Services, Park & Recreation, Acting Director of the Fairgrounds, Acting Director of Planning, Acting Fire Chief, Police Chief, and the City Clerk.
PRESENTATION: Representatives from the University of Great Falls presented Mayor Joan Bennett with a plaque of appreciation for her work in a recent fund raising campaign for the University.
SWEARING IN: Mayor Bennett swore in Sue Ann Strickland (Neighborhood Council 2) and Lee Hudson (Neighborhood Council 1).
OLD BUSINESS |
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Res. 8977, West Great Falls Add. B31 L13, Cost Recovery. Adopted. |
1.
RESOLUTION 8977, COST RECOVERY, WEST GREAT FALLS ADDITION, BLOCK 31, LOT 13.
Cascade County c/o Penny Huntsberger, owner of the property located at 1305 Second Avenue NW, was issued a Notice to Abate a Dangerous Building on June 28, 1996. The property owner did not repair, however, began demolishing the building and left the property more hazardous than when originally condemned. City staff, through a proposal process, contracted with Austin Reid Demolition in the amount of $390 to complete the removal of demolition debris and termination of utilities. All the expenses totaled $748.50. At the Public Hearing held October 20, 1998, Bob Emmons, legal counselor for Penny Huntsberger, spoke in opposition to the Resolution. He asked the City Commission to continue action on Resolutions 8977, 8978 and 8979, for two weeks in order for his client to make a settlement offer to Staff. The Commission concurred with a two week continuance and stated they would only consider a settlement offer that was a good financial deal for the City as determined by the application of a present value analysis. Cheryl Patton, Community Development Director, reported that Staff received a settlement offer from Mr. Emmons in the amount of $6,000 for Resolutions 8977, 8978 and 8979. The City Controller, Coleen Balzarini, determined that it was in the City's best interest to lien the properties and wait for payment because of the County's ability to assess a one time 2% penalty plus interest of 10%. She explained that the City earns only about 5% interest. Mrs. Patton also explained that the City's rate recovery experience for demolition liens plus penalty and interest was about 80%. The time from lien date to collection date averaged three years. The remaining 20% of the demolition liens were not recovered in full, but were partially recovered at the time the property was sold through a tax deed. Commissioner Beecher moved, seconded by Commissioner Downer, that the City Commission adopt Resolution 8977. Commissioner Gray thanked Staff for providing the additional information. He added that the Commission could not be in a position to negotiate down the amount that was clearly due the City. Motion carried 5-0. |
Res. 8978, GF Townsite Add. Block 459, Lot 2. Adopted. |
2.
RESOLUTION 8978, COST RECOVERY, GF TOWNSITE ADDITION, BLOCK 459, LOT 2.
Security Investments #1, a limited partnership c/o Penny Huntsberger, was issued a Notice to Abate a Dangerous Building, located at 704½ Fifth Avenue South, on October 3, 1996. The property owner did not repair, however began demolishing the building and left the property more hazardous than when originally condemned. City staff, through a proposal process, contracted with Austin Reid Demolition, in the amount of $3,040 to complete the removal of demolition debris. All the expenses totaled $3,395.75. During the public hearing held October 20, 1998, Mr. Bob Emmons, legal counsel for Security Investments #1, reiterated his comments made regarding Resolution 8977. The City Commission voted to continue action on this item for two weeks. Mayor Bennett asked for the direction of the City Commission. Commissioner Downer moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 8978. Motion carried 5-0. |
Res. 8979, GF 3rd Add. B175 L12, Cost Recovery. Adopted. |
3.
RESOLUTION 8979, COST RECOVERY, GF 3RD ADDITION, BLOCK 175, LOT 12.
Penny Huntsberger was issued a Notice to Abate a Dangerous Building regarding the property located at 1611 and 1613 Fifth Avenue North, on June 8, 1998. The property owner did not repair, however began demolishing said buildings and left the property more hazardous than when originally condemned. Through a proposal process, Staff retained Austin Reid Demolition in the amount of $1,092.50 to complete the removal of the demolition debris and termination of utilities for 1611 Fifth Avenue North and $1,822.50 to complete the removal of the demolition debris and termination of utilities at the 1613 Fifth Avenue North. The actual costs incurred were $1,445.18 for 1611 Fifth Avenue North and $2,175.50 for 1613 Fifth Avenue North. During the public hearing held October 20, 1998, Mr. Bob Emmons, legal counsel for Penny Huntsberger, reiterated his comments made regarding Resolution 8977. The City Commission voted to continue action on this item for two weeks. Commissioner Gray moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 8979. Motion carried 5-0. |
NEW BUSINESS |
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ORDINANCES/RESOLUTIONS |
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Ord. 2747, Amending OCCGF Title 2 Chapter 54. Accepted on first reading. |
3A.
ORDINANCE 2747, AMENDING TITLE 2, CHAPTER 54, INDEMNIFYING PUBLIC OFFICERS AND EMPLOYEES.
On November 3, 1998, the Montana electorate passed Constitutional Initiative 75 (CI-75) which purported to require a vote on any "new tax" or "tax increase." "Tax" was defined in the Initiative as "any financial charge, however denominated, imposed by a governmental unit and from which revenue accrued to the government." Exceptions included "voluntary transactions in a competitive market," "civil and criminal fines," and "other charges collected in cases of restitution or violation of law or contract." Without attempting to describe the definition of a "tax increase" in the Initiative, the difficulty and uncertainty of identifying the items for election under the term "tax" was obvious. It appeared every revenue producing amount in the City's budget would have to be reviewed to determine the application of CI-75 before any change was considered. Additionally, any new financial transactions must be reviewed to determine the application of CI-75. Where CI-75 was determined to apply, the issue must be presented to the electorate at the next general election. CI-75 permits no more than one tax election in any calendar year. Given the massive scope of the application of CI-75, reaching every department and function of the City, without any past interpretation or precedent to provide guidance for its application, it was deemed necessary to provide legal defense and indemnification for public officials and employees who had no choice but to continue government services. Such indemnification would also help to avoid any freeze of action where government services were required but voter submission was in doubt under the Initiative. City Manager, John Lawton, explained that CI-75 also provided that sovereign immunity did not shield public officials or employees from civil liability. And, that to the extent the elector prevailed in any legal challenge, the elector was entitled to attorney fees. Mr. Lawton added that given the uncertainty of the interpretation of the provisions of CI-75, especially since it was just newly enacted by the electorate, it was advisable to provide indemnification for public officers and employees where there was no guidance or precedent to ensure certainty of action. Commissioner Beecher moved, seconded by Commissioner Gray, that the City Commission accept Ordinance 2747 on first reading and set the second and final reading for November 17, 1998. Motion carried 5-0. |
Consent Agenda |
CONSENT AGENDA
4.
Minutes, October 20, 1998, Commissioner meeting.
5.
Total Expenditures of $985,851.72 for the period of October 14-21, 1998, to include claims over $500 in the amount of $926,572.83.
6.
7.
Set public hearing, Resolution 8983, Cost Recovery, GF 6th Addition, Block 546, Lot 11. Set public hearing for November 17, 1998, at 7:00 p.m.
8.
Energy Conservation Agreement with Montana Power. Agreement provided for the reimbursement to the City for expenses incurred during the installation of energy efficient pumps at the Water Treatment Plant and East Booster Station in the amount of $30,000.
9.
Contract Amendment, Wastewater Treatment Plan Operation and Maintenance Contract (OF 1010). Amendment 2 with US Filter/EOS in the amount of $100,244 to replace a control system for the 6th Street Lift Station and installation of a Supervisory Control Work Station at the Treatment plant.
10.
Labor Agreement, IBEW Local #233. Two year labor agreement expiring June 20, 2000. The economic impact for the first year was 3.6% and 2% the second year.
11.
Contract Award, Ferguson Drive and Buena Drive Pavement Overlay (OF 1232). Contract with United Materials in the amount of $33,426.
12.
Final Claim, 1997 Infrastructure Improvements - Streets (OF 1179.1). Final payment to United Materials and the State Miscellaneous Tax Division in the amount of $376.51.
13.
Final Claim, 1998 CDBG Infrastructure Improvements City/County Health Department Office Building Sidewalks, Curb and Gutter (OF 1195.2). Final payment to United Materials and the State Miscellaneous Tax Division in the amount of $20,937.05.
14.
Final Claim, 22nd Avenue South Storm Drain Detention Pond Outlet (OF 1181). Final payment to United Materials and the State Miscellaneous Tax Division in the amount of $7,746.80.
15.
Final Claim, Vaughn Road Drainage Improvements, Phase II (OF 1166.1). Final payment to United Materials and the State Miscellaneous Tax Division in the amount of $52,147.08.
16.
Final Claim, Central Avenue West Drainage Improvements (OF 1198). Final payment to Falls Construction and the State Miscellaneous Tax Division in the amount of $2,043.41.
17.
Reject Bids, Rubber Tire Asphalt Roller. Reject all bids for a 1999 rubber tire asphalt roller.
18.
Reject Bids, Police Cars. Reject the bid for seven new police cars.
19.
Reject bids, Utility 4x4. Reject all bids for a new 1999 utility four-wheel drive vehicle.
20.
Postpone Bid Award, Fuel Management System. Postpone bid award for a new fuel management system to allow Staff additional time to review bids.
Commissioner Downer moved, seconded by Commissioner Rosenbaum that the City Commission approve the Consent Agenda as printed. Motion carried 5-0. |
NEIGHBORHOOD COUNCILS |
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NC 9 |
21.
Joe McMahon, Neighborhood Council 9, reported to the City Commission regarding the parking around Great Falls High School. Mr. McMahon requested that the City Commission formally consider creating a residential parking district on 1st, 2nd, 3rd, 4th and 5th Avenues between 17th up to and including 22nd Streets South. He added that the times for the 3-hour limit would be between 7:00 a.m. and 6:00 p.m. |
CITY MANAGER |
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OF 1177 Update. |
22.
FACILITY PLAN FOR THE WASTEWATER TREATMENT AND COLLECTION SYSTEM (OF 1177).
Representatives of Neil Consultants and Montgomery Watson reviewed proposed improvements to the Wastewater Treatment and Collection Systems. |
Miscelleanous Reports and Announcements from the City Manager. |
23.
MISCELLANEOUS REPORTS AND ANNOUNCEMENTS FROM THE CITY MANAGER.
City Manager, John Lawton, reported that he would be meeting with the Montana Board of Investments on Thursday, November 5, 1998, at 1:30 p.m. to discuss the possible funding of the Ethanol Plant. Mr. Lawton also reminded the City Commission that a neighborhood meeting regarding Russell Park improvements was scheduled for November 5, 1998, at 7:00 p.m. at the College of Technology. |
PETITIONS AND COMMUNICATIONS |
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Smoke Free Ordinance. Citizen Comments. |
25.
Stephen White, Neighborhood Council 2, stated that at the Work Session held earlier that evening, a speaker stated that Neighborhood Council 2 supported a smoke-free ordinance. He clarified that Neighborhood Council 2 did not support that type of ordinance. |
ADJOURNMENT |
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Adjourn |
There being no further business to come before the Commission, the regular meeting of November 4, 1998, adjourned at 8:06 p.m. |
/S/
Mayor Joan Bennett
/S/
Peggy J. Bourne, City Clerk