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12/01/97 City Council Minutes1095 1095 A REGULAR MEETING OF THE RALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 1, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE RREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Rauthe requested the addition of a proclamation recognizing Big Mountain's 50th anniversary. Haarr moved to approve the agenda with the addition. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -November 17, 1997 B. Approval of Claims per Payables Register-$143,763.45 C. Authority to Proceed with Space Needs Structural Analysis The budget includes $17,000 for this item and is anticipated to explore the feasibility of improvements to City Hall that will place administrative functions of the City under one roof and centralize the public access/convenience. The intent of this study will be to address the following items: 1. Space needs of all individual work areas 2. The inter -relationship of the work areas in terms of supervisory control, paper flow, efficiency and productivity 3. Security of records, improvement of record keeping areas, security of funds 4. Security of employees 5. Public convenience, access, service, security 6. Capability to upgrade and consolidate all data processing equipment within one central location 7. Analysis of current structure capability to address all of the above items (location, parking, structural, etc.) D. Authority to Request for Qualifications/Proposals for Solid waste Service Study E. Authority to Proceed with RFP/RFQ for Solid waste Service Study This item is in the budget and was anticipated to explore the following areas of operations: 1. Evaluate the existing operation. 2. Identify and recommend ways to better manage delivery of services to include: *Routes, extensions of routes and route notifications *Service elements to be added or deleted *Additional labor or equipment needed to maintain basic or additional services. 3. Examine current City Ordinance 1097 and recommend needed changes. 1096 4. Recommend methods of public education and notification. 5. Analyze existing rate structure and recommend changes. 6. Prepare comprehensive report of recommendations with estimates of cost/budget impacts. 7. Prepare a draft policy and procedures manual reflecting results of this study. All of these items may not be available within the allotted budget for the study. E. TAC Board Appointment Rauthe recommended Mark Twichel for the appointment. F. Proclamation -National Drunk and Drugged Driving Prevention Month Proclamation -Big Mountain Appreciation Months Rauthe proclaimed December as National Drunk and Drugged Driving Prevention Month and the winter months as Big Mountain Appreciation Months in honor of their 50th anniversary. Donahue presented a poster to be posted at City Hall. G. Depot Park Nativity Scene Request Nystul and Collins complimented Jim and Kay Thomas for the work involved in the Nativity Scene. Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEARING THE PUBLIC raharpt T.irpnsea Vinny Weisman, 120 Main Street, Cafe Vinny's, expressed his need and appreciation for Council consideration of the Cabaret license at the next meeting. rZrpat Amprican Smoke Out Charles Wood, Northwest Montana Cancer Society Deputy Director, thanked Council for their support for the Great American Smokeout. Larson moved Ordinance 1272, an ordinance amending Chapter 17, Motor Vehicles and Traffic, Kalispell Municipal Code by amending Ordinance No's 627, SS 2; 766, SS 1; authorizing the City Attorney to recodify Chapter 7, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordi nan _ _ 1 .71-Am _nd ChalafAr 24, S _ ion 17 -Duty _to Kew Sidewalks Clean of Snow, -Ice, Etc- 2nd Reading Larson moved Ordinance 1273, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending R.O. 1947, SS 975; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; and declaring en effective date. The motion was seconded. 1097 1097 With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1274-Amend Chap r__2.4,—__Sec_Lian _J$____ushing_ Snow —From Privatp Pr mia s Onto S _r s and Sldewalks_ Pn1 icy 2nd Reading Collins moved Ordinance 1274, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending Ordinance No. 680, SS 1; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; and declaring en effective date. The motion was seconded. Upon a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Larson, Kennedy, Haarr, Nystul and Rauthe voting in favor. to BuffalQ_Commons Haarr moved Ordinance 1276, an ordinance amending Ordinance 1226 (Planned Unit Development, Buffalo Commons) by allowing the amendment of the declarations of covenants, conditions, and restrictions, Buffalo Commons (Retail/Commercial/Office) to include therein, Banks/Savings and Loans/Finance and Loan Companies, subject to certain performance standards. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. Review Bids/ContractApproval _Central S_cho_ l-iteriavatiom P Dj-ec-t The James McDonald firm submitted two letters summarizing the bids that were received for this project. The bids were within the budget as estimated by the firm and as budgeted for within the 97/98 budget. Not withstanding the discussion generated by the Rich DeJana questions, the project is ready to move ahead. In reviewing the historical budget process that the City has used for adopting the City budget, reviewing changes that have been placed into effect by the State legislature, and in reviewing the urban renewal codes, Krepps felt that legal semantics are being discussed, more than any legal shortcomings in the process. Krepps inquired about the 3 alternates and the priority of completing those alternates. He felt the City should revise the priority of the alternates if the project is authorized. If the the building is reconstructed, he felt the City should include within the contract ADD Alternate #2 and delete the other two alternates. Finishing the attic would allow additional storage and potential use area from the opening of the building. The refinishing of the attic will be extremely difficult in the future if the building is occupied. Disruption of operations, noises, potential damage to already refinished items, and finding $49,000 are all reasons to complete this alternate before occupancy has taken place. The kitchen area and the south lawn improvements are both items that can be completed in the future without major problems and/or disruptions sometime in the future. This will also allow an additional $14,000 for reserve to apply to unknown conditions costs. He recommended the bid award should be tabled. There was discussion and McDonald answered questions. Collins moved to table the contract approval for the Central School Renovation Project until the December 15th meeting. The motion was seconded. The motion carried with a vote. • 1098 At the last Council meeting it was determined the City would have to amend the budget to include more grants for the Samaritan House. On November 21st confirmation was received that the City was successful in obtaining an additional $400,000 grant for this project. The budget needs to be amended to reflect this additional revenue. Atkinson moved Resolution 4382, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by the City Council for the Home Investment Partnerships Program. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Hearing�udg-et._1Ame During the last several months, Jim Hansz and Clarence Krepps have been working with FEMA personnel to gain reimbursement of flood damage costs from this Spring's flooding event. The City has already received a check from the Federal government in the total amount of $43,510. This will assist in repairs such as street damage, flood erosion control for a lift station, fire equipment, police equipment and damage to parks and playgrounds. This also assists in the cost of providing a specific vaccination series to the public safety employees. Haarr moved Resolution 4383, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by the City Council for the FEMA approved project application. The motion was seconded. There was discussion. Upon roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. ir_Eearing-Clarify ._T_o_taL_Budget Krepps noted he had received input from other city sources concerning the budget questions raised by the DeJana letter. These sources included City Managers, Finance Directors and City Attorneys. All the comments received agree, after their review of this budget resolution, and consist of the following: A. All of the expenditures expected are identified. B. There is no levy assessed for these purposes. C. The City does not have the power to assess a levy specifically for Tax Increment Finance projects. This is determined by an aggregate levy of City, school, State, and other special taxes not under City control. There is no way to make that levy. The City can only estimate the income from TIF districts and receive the funds after the total levy is determined. D. The entire DeJana question is one of form not substance. E. The budget adoption document does not consist only of the resolution in question. The budget document includes the 210 page document that specifies all funds, accounts, activities of the City for 1997/98 revenue and expenditures. F. Historically, there would be no question that the resolution 1099 1099 adopting the budget is valid. with the new law there could be a question. G. The new laws were not published until October. The budget was adopted on August 4, 1997, prior to any publications about the new law. "There was no way unless we were a party to the legislative internal that we would have known about the new requirements." The technical information just was not available at that time. Krepps felt that the City is technically correct in the method of adoption of the 1997/98 budget and should lean to the extra cautious mode and clarify the budget adoption process. In order to provide the additional caution with the budget adoption process, Krepps recommended to re -advertise for a public hearing for budget adoption. The budget hearing would be held on December 15 at 7:00 P.M. Upon completion of the budget hearing, then adopt a new amended budget for 1997/98. Donahue moved Resolution 4384, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana as set forth in the 1997-98 budget adopted by the City Council. The motion was seconded. The motion carried with a roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ratify A S ME rontrant Over the last 7-8 months, the City has been in negotiation with the AFSCME employees. These are the clerical, dispatchers, building, and public works employees. After several meetings and mediation, a tentative agreement has been reached at that can be submitted for consideration. The union members have voted to ratify this agreement. The changes to the existing contract are summarized below and highlighted within the contract. Those changes are: G. Page 5 Article VI Sec 1-A-1: Clarifies how the City will determine who is qualified for a position. B. Page 6, 2nd paragraph: Reduces reasonable trial on the job from 90 days to maximum of 30 days for a trial basis. C. Page 9, Section X: Clarification of rest periods. D. Page 11, Section 1-B: Changes definition of employee from "permanent employee" to "regular". E. Page 22 top paragraph: Changes the responsibility of the City to allow the purchase of specialized equipment and retain possession of these. This also gives the mechanics $400 to purchase personal tools needed for City equipment. F. Page 22 Section VI: Extends current rate of pager pay through life of contract. G. Addendum A: Lists the new salary schedule for member of the union. The adjustments are: 97/98- $0.28 per hour (2.36%); 98/99-$0.25 (2.06%) per hour; 99/00-$0.25 (2.02 %) per hour. As average increase in base salary this contract provides a total 6.44% increase in base wage, which is a 2.15% average annual increase. The past, current, and this contract provide the covered employees with a $0.05 per hour longevity pay. When this is included, in order to figure total increase in costs, the total increase is 7.63% or an average annual increase of 2.54%. The estimated cost to the City is: 1100 1100 1st year-$44,000 2nd year-$39,000 3rd year-$39,000 includes payroll tax The City Attorney, Personnel Specialist and City Manager have spent several hours and meetings in discussion with the union representatives. The negotiations have also gone to mediation for a joint effort to settle the contract differences. The union members have accepted the terms of the agreement. He felt the City should also accept this agreement. Donahue noted mechanic was not defined and that he did not agree with pager pay. Neier and Krepps answered questions. Kennedy moved to adopt the AFSCME contract as proposed. The motion was seconded. The motion carried with a vote with Donahue voting against and Atkinson, Collins, Graves, Haarr, Nystul, Kennedy, Larson and Rauthe voting in favor. Crdinannp 1277-Salary-AFSCME Union -1st Reading This ordinance will ratify the salary adjustments included with the contract proposal. Krepps recommended the approval of the ordinance to complete the contract requirements. Kennedy moved Ordinance 1277, an ordinance amending Ordinance No. 1233, fixing the limits of the salary and compensation of the City Officials, Supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, repealing all other ordinances in conflict therewith. The motion was seconded. There was discussion. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Kidsports Agreement Council received a proposed contract from Kidsports for consideration. This was compiled by Dan Johns after discussions with Mike Baker and Krepps. This has had no review or input by the City Attorney. Mr. Johns submitted a cover letter relating the reasons that the agreement does not meet two of the major concerns that Mike Baker and Krepps had discussed. Krepps had two concerns with this agreement. A. As proposed at this time, the City would not be permitted to assess a surcharge fee separate from the fees charged by Kidsports. This is unacceptable to the City Staff. It is not the intent to add fees or surcharges that make the cost oppressive for the users. He believed that it would be prudent to protect the ability to generate revenue to maintain City assets. The City currently will have a small cost for maintenance costs, as the use and costs increase a maintenance surcharge may be a necessity. The City should not lock themselves out of this potential. He did not recommend approval of a contract that will eliminate that option. The second problem with this proposal is that it requires replacement fields to be in place prior to the discontinuance of Daley Fields. This has been the intent and the Council has continued to state this. Council has instructed and authorized Krepps to close the transaction with Rosauers as soon as possible. That will be complete by mid December. This will eliminate the field in the 1999 season. The Rosauers' improvements will not start until after the ball season in 1998. 1 1 17 1101 1 1 1101 It is anticipated that the ballfield complex contract will be authorized in late Winter of 1997 or Spring of 1998 with construction through the Summer and Fall of 1998. Due to uncontrollable weather, he felt it extremely difficult to promise that the Daley Field will not be discontinued when 5 1/4 acres of the fields will not be City property to control at that time. A commitment/restatement from the Council that the ballfield complex will be built as anticipated may relieve some of this problem. This contract is for Council review and input and hoped this could be presented at the December 15th meeting with an agreement for Council approval. Kennedy asked why the city attorney had not been involved in this process. Neier responded that the City needs to know what the construction documents say before an agreement can be entered into. What the construction documents will involve, as well as how much money is involved is not known and until they are finalized, to prepare an agreement is premature. There was discussion and Dan Johns answered questions. Donahue spoke against entering into an agreement. Kennedy urged cooperation with the negotiation of this agreement. Kennedy moved to table this agreement until December 15th. The motion was seconded. The motion carried with Atkinson, Collins, Larson, Kennedy and Rauthe voting in favor and Graves, Haarr, Donahue and Nystul voting against. FOR YOUR INFORMATION Next Regular Meeting December 15, 1997 7:00 p.m. Work Session January 12, 1998, 7:00 p.m. Review Ball Field Plans by Engineer ADJOURN The meeting was adjourned at ATTEST: Debbie Gifford C/AAE Clerk of Counci -:�rewd 12/15/97 8:20 p.m. Dougl9s D. Rauthe, Mayor