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01/18/82 City Council MinutesTHE REGULAR MEETING OF THE MLISPELL CITY COUNCIL WAS HELD AT 7:30 P,M. MONDAY, JANUARY 180 1982 1N THE COUNCIL CHAMBERS AT CITE' HALL, MAYOR MCDOWELL PRESIDED. COUNCILMEN ZAUNER AND GRAINGER WERE OUT OF TOWN WITH PERMISSION FOR THEIR ABSENCE. APPROVE MINUTES Councilman Saverud stated that Councilman Granmo read the letter from Councilman Daley rather than Mayor Happ, as stated in the minutes. Councilman Vidal moved to approve the minutes as corrected. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIAL'S REPORTS City Treasurer for November 1981, City Judge for December 1981. Police Chief for December 1981. Fire Department Annual Report for 1981, and 4th quarter report for 1981. Councilman Ruiz questioned the estimated fire loss for 1981 of $407,473,00 as being high. Fire Chief Doty stated that two commercial losses, the Emerild Auto and the music store, were accountable for a great deal of the loss. The remainder was house fire loss. Councilman O'Boyle moved to accept the City Official's reports, Seconded by Councilman Ruiz. Carried, OPEN BIDS Construction Bids on S.I,D. #333 Gibson Addition Sewer F Water Lines Councilman Palmer challenged the bid opening to ask if there was not a problem with opening bids on a project that is completed. Acting City Attorney Ogle answered that the owner has the priviledge of doing his own work at 5% less than the accepted bid - Councilman Nystul asked if a new number had been assigned to the extension of the sewer and water work. He was told there is a new number, 333. Councilman Saverud asked for the amount and was told it is $65,000.00, One of the owners of the property, Attorney Joe Daley,explained that .the S.I.D. was created last summer and they were under a deadline to finish the work in 1981. There- fore, they went ahead with construction, and on conferring with former City Attorney Donahue, reviewed the legality of financing, Donahue advised that it was legal to do the work, then advertise for bids and financing, Daley added that financing is avail- able. The City will get 5% of the S.I.D. Councilman Ruiz asked what would happen if we open bids and the bidders find the work is done. Would they have legal recourse with the City? Attorney Daley stated that there is only one bid and that is from the construction company that did the work. Acting City Attorney Ogle advised the Council to open the bid. The bid is as follows: Pack & Company Bid Bond $69,670.06 Councilman Ruiz moved the bid be referred to the Sewer and Water/Finance Committees with power to act. Seconded by Councilman Nystul. After the work is performed, is this actually a bid or a bill? Attorney Daley explained that Pack did some work not connected with the S.I.D. and the actual dollars defined in the S.I.D. is approximately $64,000.00, Question called. Motion carried. Councilman Nystul stated that he did not like to deal after the fact. Attorney Daley assured the Council that the S.I.D. will not be assessed against any other taxpayer than themselves. SALE 4F~ ter- s.r,n, #333 There were none. City Attorney Ogle advised that the financing also be referred to committee. Councilmen Ruiz and Nystul set the d to of the meeting for Thursday, January 21st at 7:00 P.M. SALE OF BOND$ ON S.I.D. #334 There were none, ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the council. No on responded. COMMITTEE REPORTS SAFETY There was no report. CITY DEVELOPMENT Councilman Saverud had no report. PARKS, RECREATION & AIRPORT Councilman Vidal had no report. STREET & ALLEY MAIN STREET PROJECT Councilman O'Boyle reported that the Council must pass and sign a resolution for a State Highway Agreement for Main Street Reconstruction tonight. The project will be advertised for bids in one week and Helena must know tomorrow morning if there are any changes. Any major changes might shelve the entire project. He felt that minor changes would be alright, The City share of the cost is approximately $482,000.00, Councilman Ruiz stated that the project is not in the budget and asked why it was not. Councilman O'Boyle stated that the project was mentioned and had been talked about for 2z years and he did not know who was responsible for the breakdown in communications. Councilman Ruiz asked how we meet the liability, Director of Public Works Hafferman stated that the only part of the project that was mandatory was the new water line and that is in the budget in the amount of $125,000.00. The rest of the Main Street project is totally funded with state and federal funds. The amount the City is obligated to pay is for the reconstruction of the side streets. Some of these have already been deleted and all or some can still be deleted. The bid documents are in Helena ready to go and they must know exactly what we intend to do in the morning. The amount needed is approximately $290,000.00, Director of Finance Swanson stated that there will be approximately $247,000.00 in tax increment coming in this year. Councilman Saverud stated that Community Development would guard against using it be- cause we would be defeating the Urban Renewal Program if we use these funds on this project. Howard Stockwell, of the Montana Highway Department, stated that time is short. He must tell the Helena office tomorrow morning if there are any changes in the specs. If there are any major changes the project may be jeopardized, He states that the Contractor will work at a fast pace and we may be billed part of it by July 1st, Councilman Nystul stated that we have little choice but to proceed. There are suffi- cient alternative ways of financing; S&C , General Obligations Bonds and other methods. We may suffer, but a payment schedule of some kind can be worked out. RESOLUTION #3388 Councilman Nystul moved to authorize the Mayor and Council to sign a resolution of agreement with the State Highway Department to reconstruct Main Street. Seconded by Councilman O'Boyle-. Councilman Vidal asked if we delete and lose the project, could it be done at some future time, The answer was "possibly in ten years". The project is estimated to cost $1,500,000.00, Councilman Saverud asked what we would save if we eliminated First and Third Streets and just did Second. The reasoning being that at one time there was a request to close First and Third Streets, If they are reconstructed, it would be a certainty that they would not be closed. Director of Public Works Hafferman stated that it would reduce the project by about $150,000.000. Mr. Stockwell said a change as major as. -this probably would not shelve the project, but the possibility existed. Councilman Ruiz asked how we can finance the project, Finance Director Swanson stated that we could issue revenue bonds and secure them by gas tax money or make payments from future Revenue Sharing Funds, Revenue Sharing Funds are committed through 1983 and we receive about $200,000.00 a year. question called. Roll tali vote.. Councilman Ruiz voted nay, Councilmen Nystul, Palmer, O'Boyle, Vidal and Saverud voted aye, Resolution adopted, Councilman O'Boyle reported for the Parking Commission that they will defer reports on their finances and the "no meter" trial until April 2. Councilman O'Boyle moved to install 30 minute parking meters at 6 spaces at. the City Hall Parking lot for persons doing business at City Hall. Seconded by Councilman Vidal, Motion carried. The TAC Committee will meet at 9:30 A.M. in the basement of the Highway Department on January 26. Meridian Road reconstruction has been dropped because of a lack of funding, ANNEXATION RESOLUTION #3389 ✓ Councilman Palmer moved to adopt Resolution #3389, a resolution of intention to annex the Montana Power Addition #139 and provide a publication date for a public hearing thereon. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3390 Councilman Palmer moved to adopt Resolution #3390, a resolution of intention to annex the Idaho Street Addition #140, two sections of Highway #2 on the extreme east and west boundaries of the City limits. Seconded by Councilman Nystul. Roll call vote. All voted aye. EMPLOYMENT There was no report. FINANCE Councilman Nystul moved to allow a request from the Valley Bank to change the pledge securities from the First State Bank 6f St. Paul to the Federal Home Loan Bank on City investments. Seconded by Councilman Palmer, Motion carried. LICENSE 4 PERMIT BONDS Charles Clark d/b/a Chuck's Plumbing & Heating Plumbing Charles Clark d/b/a Chuck's Plumbing & Heating Gas Fitting Electric Motors, Inc. Electrician Raymond & Kenneth Galloway d/b/a Galloway Backhoe Service Excavator Telephone Utilities, Inc. & Northwest Telephone Systems Misc, Indemnity Richards Sheet Metal, Inc. Gas Installer Paul A. Spade d/b/a Canyon Heating & Cooling Chester Paul Teichman Dick Barr Excavating Garrick L. Hansen d/b/a Hansen Plumbing Continuation Certificate Continuation Certificate Continuation Certificate Continuation Certificate Certificateof Insurance Continuation Certificate Gas Fitter Bond Electrical Contractor Continuation Certificate Excavator Continuation Certificate Plumbing Continuation Certificate Councilman Nystul moved that all license and permit bonds reviewed by the City Attorney be approved. Seconded by Councilman Saverud. Motion carried, Councilman Nystul moved to authorize payment to contractor on EDA Parking Lot Project in the amount of $5,046.71, Secondedlby Councilman O'Boyle. Motion carried. SEWER 4 WATER ORDINANCE #1002 Councilman Ruiz moved first reading of Ordinance #I002, an ordinance to establish new sewer rates. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Dr. Logan Rogers addressed the Council with a request for sewer and water outside the City limits on Grandview Townhouses. He was invited to address the Sewer and Water Committee next week. Councilman Ruiz read a letter from Water Superintendent Hughes regarding water sprinkling at the Immanuel Lutheran Horne. The request from Hughes is that the Council grant a waiver of installation of separately metered water for sprinkling because the Home has a stable population and their winter average is as well established as any residence, If the time comes that they build on or remodel,a separate meter will be installed. The request was referred to the City Attorney. Director of Public Works Hafferman stated that the new rules and regulations need amending to take care of specific cases such as the Home. Councilman Ruiz asked Director or Public Works Hafferman to draft an amendment and refer it to the Sewer & Water Committee for review. MISCELLANEOUS Mayor McDowell asked Council confirmation of his appointment of Randall Ogle as.:.Actxng City Attorney. Councilman Saverud moved Council confirmation of the appointment of Randall Ogle as Acting City Attorney. Seconded by Councilman O'Boyle. Attorney Ogle stated that he was looking at six to eight weeks, but can serve..longer if necessary and will quit when a permanent City Attorney is appointed. Salary is negotiable. He will be in the office at City Hall from 8:00 A,M, to 10:00 A.M each morning and such other times as necessary. Question called. Motion carried. Mayor McDowell asked Council confirmation of his appointment of Marjorie Giermann as Interim Clerk -Treasurer. Councilman Nystul moved Council confirmation of the appointment of Marjorie Giermann as Interim Clerk -Treasurer. Seconded by Councilman Ruiz. Councilman Vidal stated that she left the Committee meeting where the position of Clerk -Treasurer was discussed, confused as to whether the duties of Clerk and Treasurer would be bunched together with one person responsible to see the work is done, or whether it would be an administrative position and advertised as a new position. In this case, current city employees could apply for the position. Councilman Vidal con- cluded by saying she thought the position should have more study by the Council. Councilman O'Boyle asked for a definition of interim, Mayor McDowell replied that it is the time until the position is filled permanently. He added that he would like the opinion of the State Attorney General on the ordinance deleting the position of City Clerk. Councilman Saverud stated that action of the Council a few months ago in creating the position of Clerk -Treasurer was not a capricious one, It quite possibly was not complete in that a job description was.:: not written for it, That was left for the new Council and new administration.Councilman Saverud felt that it would be very short-sighted if the new Council does not take the opportunity to really consider major restructuring of that phase of city government. This was basically the intent of the Council when this position was created, to insure that the two jobs were done but under one source of responsibility. He added that he had not much problem with the interim appointment, that we should have someone who can act as the City Clerk and as the City Treasurer as well. Councilman Saverud stated that he had a question in his mind as to how"interim"is interim, In the meantime, he suggested that the Finance Committee and/or administration decide what they are are going to do, He stated that he almost felt it was time for the Council as a whole to sit down and de- cide on some self-imposed deadline to determine how we want to restructure or define this structure of government. This.. -is a policy decision which the Council should make. Mayor McDowell stated that the appointment should be made now so that all legal busi- ness can be taken care of , and in the very near future the Council should decide what to do. The Mayor stresssed that City business must go on , and a meeting could be held right now, otherwise, he asked that the appointment be confirmed and proceed from there. Question called. All voted aye. Motion carried, The positions of Deputy City Clerk and Acting 'Treasurer are deleted by the ordinance creating the position of Clerk -Treasurer, Councilman Palmer moved to adjourn. Seconded by Councilman O-'Boyle. Carried. Approved as presented February 1, 1982, e oy cf7o�e"hl; __Ma�.o- ATTEST: rjorie Giermann, City Clerk I -