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A. Council Minutes - Regular Meeting April 6, 1998 & Special Meeting April 8, 1998KALISPELL CITY COUNCIL Agenda April 20, 1998 AGENDA APPROVAL AGENDA ITEM 1 - CONSENT AGENDA APPROVAL A. Council Minutes - Regular Meeting April 6, 1998 Council Minutes - Special Meeting April 8, 1998 B. Approval of Claims per Payables Register - Due to computer problems the claims are not available at the time of distribution of these books, hopefully they will be available at Monday night's meeting. C. Award Bid- 1998 Overlay Project 1998 Chip Seal Project BACKGROUND/CONSIDERATION: I have enclosed the bid tabulations and a memo from fun Hansz summarizing this year's projects and bid results. The bids are within funding capability. RECOMMENDATION: I concur with the Public Works Director's recommendation to proceed with the overlay and chip seal projects as bid by A-1 Paving. ACTION REQUIRED: A motion to approve the consent agenda will authorize the Manager to proceed with the contract signing for these projects. D. Authorize Bids - Annual Sidewalk and Curbing Tax Increment Sidewalk Project 9' Street West Storm Drain Project BACKGROUND/CONSIDERATION: I have enclosed a memo from Jim Hansz requesting Council authorization to proceed with the bidding process for the annual sidewalk replacement programs along with the 9`h Street West Storm Drain project. RECOMMENDATION: To proceed with the planned and budgeted projects, I recommend approval of the bidding process as requested. ACTION REQUIRED: A motion to approve the consent agenda will authorize the Staff to proceed with the bidding process. E. Street Closures - 3 on 3 "Jam"boree Kid's Parade BACKGROUND/CONSIDERATION: 3 on 3 "Jam"boree: Enclosed is the information for this year's basketball tournament. The request is to close 1' Avenue East between Center Street and Market Place Street on Friday, May 29"' from 6:00 a.m. to 8:00 a.m. to paint streets. The street will then be closed again at 6:00 p.m. on Friday until roughly 6:00 p.m. on Sunday. This event was held last year on the west side with no problems. We have discussed the routing of fire trucks and/or ambulances. This will not cause a problem for our services. Tidymans is a major sponsor and desires the event at this location. Kid's Parade: The Kids Parade will be held on May 10h. The request to close l' Avenue West form Center to I' Street has been submitted. The sign -off of the affected business is enclosed. It currently is not complete. RECOMMENDATION: 3 on 3 "Jam"boree: The Staff does not object to the closing although some citizens may not appreciate the inconvenience. I recommend approval of the closing of the street for this event. Md's Parade: Based upon the discussion with the coordinators of the parade, there should be no problem with the closing of this street. I recommend the Council approve the closing. ACTION REQUIRED: Approval of the consent agenda will approve closing the streets for these events. As far as the Parade, we (Staff) will assure that the others businesses are "signed -off" before actually closing it. F. Mayoral Proclamations by Mayor Boharski - Arbor Day Blue Jeans Friday Workers Memorial Day Prayer Day G. Appointment - Airport Advisory Board - Mayor's Recommendation 1 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 6, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. A F. APPROVATI Haarr moved to approve the agenda with Consent Agenda Items C and I being moved to Items 10 and 11 respectively, and postponing Consent Agenda Item G until the next Airport Authority meeting. The motion was seconded was Van Natta. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting B. Approval of Claims per Payables Register- $359,796.59 C. Authority to Advertise for Bid -Meridian Road Walkway Phase II D. Approval of North Meridian Road Design Contract Supplement #5 E. Habitat for Humanity F. Union Negotiation Contract Approval There was discussion. Van Natta questioned the minutes of March 25'`, stating he doesn't remember four different KDC offerings. Haarr agreed, stating he remembered only two, but the best way to correct the confusion would be with another motion when Council reached Agenda Item 9. Boharski questioned a claim item, asking the purpose of $216.00 for car wash tokens. He asked why inmates couldn't wash the patrol cars like they do at the Sheriff's Office. Police Chief Ad Clark answered "the vandalism sometimes outweighs the savings." He said he spoke with the Sheriff recently and in one instance an investigation had to be made because of the damage done to a vehicle. Haarr questioned Clark about two surveillance system claim items, one for $299.99 and another from Grizzly Security. 0a Clark answered the monitors will replace cameras that are 10+ years old. He said the items were approved during the budget process last year. Donahue said he noticed the Police Department ordered new uniform patches and suggested next time maybe the Police Department should see if they can be done locally. Boharski questioned a claim for $50.00 for security at Depot Park. He asked why a security agency is needed when the City has the Police Department. Parks Department Director Mike Baker stated the park restrooms have to be closed at a certain time and there were many nights when the Police were short staffed and couldn't close the restrooms until quite late. He said since the security agency has been hired the vandalism to the restrooms has dropped significantly. Boharski then questioned Community Development Director Larry Gallagher about a lap top computer rental. Gallagher stated the rental was for his use while he was out of the office one week and needed to complete several assignments. Gallagher said a lap top is not at the disposal of Community Development so he rented one. Haarr asked what a subscription in the amount of $423.00 was for. Gallagher answered the subscription is for Community Development Digest, a publication that pays for itself it numerous ways with the latest information from Washington, D.C., including HUD and the Economic Development Administration. Atkinson asked Krepps if the budget questions presented were posed to him and Staff prior to tonight. Krepps answered they had not. Atkinson complimented the Staff on their complete answers off the top of their heads and added that it shows him the Staff knows what is going on in their departments. He suggested next time the Council save time in front of the camera by asking questions ahead of time. Nystul asked Susan Moyer to explain the Habitat for Humanity Proj ect. Moyer explained the proposal is to assist in buying a lot on the west side of Kalispell on which sits a highly substandard house where a family of seven lives. She said the house is beyond rehabilitation and the Council is being asked to fund its demolition. She said the money would come from the City's 3 emergency rehabilitation line item of the budget. She said once the demolition is complete then Habitat for Humanity can buy a cleared lot for one of their families and the family living there can buy a new home. Upon vote the consent agenda was passed unanimously. HEARING THE PUBLIC Bill Goodman, 1275 Lower Valley Road, spoke on downtown parking. Goodman asked the Council to help downtown businesses by building a parking structure. He said orderly, covered, all -day parking with reasonable rates is possible by the year 2000 if the Council would direct Staff to find the time and the money for a parking structure. Dan Johns, 260 North Riding Road, encouraged Council to accept the bid for the Youth Athletic Complex. Johns said according to other contractors, LHC, Inc. really "trimmed" its bid and by accepting the bid it is an opportunity for the Council to vote their support for the Youth of our community. He said by the year 2020, Kidsports' families will have committed over $1,850,000.00 to the project and he feels it's time for the City to honor its commitment. Rich DeJana, 422 Summit Circle, spoke in favor of the bid for the Youth Athletic Complex and pointed out that several campaign promises from recently elected Council members included the commitment to build the Complex. Gilbert Bissel, 76 Stafford Street, speaking as the Chairman of the Airport Advisory Board, encouraged the Council to accept the bid. He said the City has resolutions, ordinances and signed contracts that state the money from the sale of Haven and Daley Fields would go to the Airport and Kidsports. He said so far the Airport Board doesn't know the funding requirements for the Airport and have not asked the Council for a penny. He strongly urged the Council to fund the Athletic Complex in its entirety. Art Thompson, Lakeside, said he is a property owner in the City and a member of the Airport Advisory Board. He also encouraged the Council to support the Complex bid. Ken Yachechak, 43 Hillcrest Drive, said he has made an offer to buy the KDC site and he is very excited about making a bid for the lots. He said however, he is dismayed as to why the City Staff has not made any inquiries as to what he is proposing for the downtown and asked the Council to conclude the offering process at the meeting tonight. David Dachs, 335 Summit Ridge Drive, encouraged the Council to accept the Youth Complex bid and said the cost of building the Complex is higher than the original estimate because the estimate assumed several things: flat land at the site, road service and 4 parking availability at the site, and sewer, water and electricity at the site, all of which is not there. He said if you take the costs of those items out of the bid then the bid is within the amount of money the City agreed to. Jim Netherly, 434 4':".Avenue West, asked the Council to accept the bid stating he is a girl's softball coach and he has been embarrassed over the quality of fields in Kalispell and has been told in the past that several coaches from other areas would never come back for tournaments. Pam Kennedy, 1036 6`7 Avenue West, said the City of Kalispell has made many promises concerning the ballfields and it is time to get on with it and accept the bid for the Youth Complex. AWARD BID•YOUTH ATHLETIC__COMFLEX Six bids were received for the Youth Athletic Complex with LHC, Inc. presenting the low bid. Krepps suggested four options for the Council to consider: OPTION I: 10 Fields - Base Bid Construction $1,152,885 Hook-up Fees 16,000 Construction Engineer 4% 46,000 Contingency 5% 57.6n0 $1,272,485 4 Mile Deduction 99,686(Pay from Gas Tax) $1,172.799 OPTION II: Limits set at no more than $1,000,000.00 to include previous expenditures and lease requirements. Estimated available for construction = $800,000.00. OPTION III: Construction - Base Bid Bid Items 201, 202, 203 Deduct 4 Mile Drive Improvements Bid Items 208, 209, 210 Deduct Water Main Total From "TIF" Bid Items 406, 407, 410 Deduct Kidsports Responsibility Pay fro $1, 209, 857 ("TIF" Funds) 99,686 (Gas Funds) 23, 631 (Water Funds) $1,086,540 $1,029,568 Plus Power Company Hook -Up Fees 16,000 5 Plus Construction Engineer 4% 42,000 Contingency 5% _____521-DU Budget Total from "TIF" $1, 139,568 OPTION IV: Same as Option III with the addition of Babe Ruth field improvements Total 11 fields Total City Responsibility Option III $1,139,568 Add Items 601A, 602A, 701A, 702A, 703A 72.1,327 City Responsibility Based on Current Bids $1,211,895 Andy Hyde of Carver Engineering explained in January, 1998 Carver Engineering completed a cost estimate for 26 fields along with an 11-field design. He said the total cost estimate for the 26 fields was at about 1.7 million dollars and about 1 million, 44 thousand dollars for the 11 fields. Hyde said the estimates could be plus or minus about 20%. He said with the LHC bid the cost is just about 20% higher or within the anticipated range. Hyde said since January the design had been refined and the costs became more accurate and LHC is within those estimates. Atkinson moved to accept the LHC, Inc. and Option IV for the amount of $1,211,895.00. The motion was seconded by Larson. There was discussion. Krepps said prior he wanted to point out to the Council that Bid Items 201, 202, 203, 208, 209, 210 in Option IV would be paid from other funds, the Gas Tax Fund and City Water funds. Boharski said he wants to remind Council members that another $150,000.00, which has already been spent on the project, has to be added on to the figure from Atkinson's motion. He said that makes the figure $1,360,000.00 which is pushing a half a million dollars over the original estimate. Boharski said that is why he is very concerned about the project and how it is going to be paid for. He added the Council also has responsibilities to the Airport project and the Highway 93 South project. Boharski asked how many projects, such as chip sealing, would not get done by the Public Works Department if the City took $100,000.00 from the Gas Fund for the 4 Mile Drive improvement. Krepps answered there would be several projects that would not be done but he can't say specifically which ones. Larson spoke in favor of the motion stating the City has the money on hand to fund the project. He said the Council in the past made a commitment to the community to build the ballfields and it's time to move ahead and do the right thing. Larson said he can't think of a better investment the City can make with taxpayer's money. Van Natta said he also believes the City should move forward with the project as advertised and should also strongly consider the Option with the additional Babe Ruth field. He said the road can be paid from Gas Tax funds or maybe some of the gambling revenue. Van Natta added he feels it may be unethical or even bordering on a violation of the statute to advertise a project for an estimated cost of $1,364,000.00 and not be prepared to award it unless the bids come in three to five hundred thousand dollars below the estimate. He said in this instance the City can develop the 11 fields scenario and still stay below the engineer's estimate. Nystul questioned Krepps about the total engineering and design costs that have already been spent. Krepps answered as of April 1, 1998, the costs have roughly been between $165,000.00 and $170,000.00. He said that includes $30,000.00 for Carver Engineering, $35,979.50 for Sitescape, $4,522.50 for a traffic study and surveying in the amount of almost $8,000.00. Nystul said if the Council proceeds with the motion of Option IV, then the City is exceeding its commitment to Kidsports by $380,000.00. He then questioned whether Gas Tax money could be used for a County road. Krepps said that may be a problem and another option for funding, which he did not point out in his memo, would be to continue with the sale of the remaining Daley Field properties. Neier said the City cannot use the Gas Tax money unless the property is annexed. Nystul said if that's the case, then the discussion tonight should not be confused with Gas Tax money. Haarr said the Council has never been against the project, but it boils down to how much the City is willing to participate in it. He said he is questioning the 11-field proposal and why the dug -out covers, pads and dry land seeding was not included in the original estimate, yet it was bid in the amount of $89,932.00. Bruce Lutz from Sitescape Associates answered those items were added to the scope of the project after the January, 1998 meeting. He said they were added because when you're building "top notch" fields they should be included. 7 Haarr then questioned why a bid of $23,632.00 for off -site water related costs wasn't in the original estimate. Krepps answered the water main, like the 4 Mile Drive project, was talked about by the Council as being separate from the project and that's why it wasn't included. Haarr asked if the County has been asked to participate in the project such as the 4 Mile Drive improvements. Dan Johns answered that he and Mike Baker, the Parks Department Director, did approach the County but they responded they didn't have any money. He commented that Kidsports was told from the beginning the money from the sale of the ballfields would be used to replace those fields. He said there was no talk of using the money for roads and he doesn't feel it should be. Johns added Kidsports assumed that when the City annexed the 130 acres, it would also annex the road between the City and the fields. He said if 4 Mile Drive would have annexed at that time the Gas Tax money would be available for that use. Haarr said the City didn't annex the road because the road serves North Haven Heights and is a high maintenance cost road. He said North Haven Heights isn't in the City and no money is collected to maintain that road. Haarr said it's asking a lot of City taxpayers to maintain it. Haarr then asked Krepps if money has to be taken from the Water Funds for the extension of the water main and if there isn't enough money for that from the sale of the land. Krepps answered if the City continues with the sale of the remaining Daley Field properties then there would be enough money for both 4 Mile Drive and the water main. He said at this time the City is holding $1,214,477.00 from the sale of the lands. Haarr said basically then, there is sufficient money from the sale of the five acres to Rosauers and from Haven Field to finance the whole project without using Gas Tax money or City Water money. Krepps said if the Council continues with the sale of Daley Field there will be more than enough. Haarr said if the City decides not to sell the rest of Daley Field there should still be enough. Krepps said if the City doesn't sell the rest of the Field it would be short about $123,000.00, the amount of the road and the water main. Haarr said he doesn't want the City to use the Gas Tax funds or City Water money. 0 Nystul said he feels if the Council agrees to Option III instead of IV, then the Council is more than exceeding its commitment to the project, even though its still a little short of cash on hand. Nystul said the solution seems to be to direct Clarence and the Staff to adjust some items within the bid since Gas Tax funds are no longer in the picture. Donahue said he felt from the very beginning the project had to be an interlocal agreement between the City, the County, the School District and the Community College with a Board established to run it, and it had to be on property the City owns. He said none of those conditions have occurred and the project "has grown like top seed." Donahue said he feels the Council would be irresponsible to proceed any further because the City just doesn't have the money to pay for it. He said as far as the road, if it wasn't for the field the City wouldn't be interested in improving that road and so it has to be part of the project. He added he also feels Kidsports should come up with some security because sometimes the best intended plans vanish into thin air and then the City is sitting with a "big burden on its chest." Donahue said as far as the water line, it won't be serving anything except the ballfields and there won't be a nickel worth of revenue from it. He said it would be an improper expenditure of water funds. Krepps said there is some interest in developing west of that area on the south side of 4 Mile Drive and with a water main that may help a development start. Boharski asked Dan Johns if the user groups for the fields have any money at this time to put toward the construction of this project, either in the form of money or labor. Johns answered the hands-on labor is an issue and it has been decided the City and Kidsports have to divide each other's responsibilities so the line isn't crossed as far as the State prevailing wage rates are concerned. He said Kidsports has signed contracts with Kalispell Youth Softball Association, Greater Kalispell Youth Soccer Association, Kalispell Babe Ruth League and Kalispell Pee wee Baseball, the four user groups that have been part of the project throughout. Johns said the groups plan on meeting at the beginning of each year to determine what each group's contribution will be that year toward the lease payment. As far as the money question, Johns said he hasn't polled those groups to see exactly how much money they do have. He said Kidsports looks at the project as the City making its contribution and spending its money, then Kidsports will step in and take over from there. Boharski asked how many ballfields along Highway 93 South will be unusable when Rosauers starts to build, and when that might be. J Larry Gallagher said five fields will be displaced. He said Rosauers' planned construction date is August, 1999, however according to the lease they could start construction is August, 1998, even though they have agreed the City could have the fields for softball the rest of this year. Van Natta proposed an amendment to the motion on the floor by moving the Council move forward with the sale of Daley Field to have adequate money to move ahead with the project. The motion was seconded by Larson. Neier said the motion may clarify a few things but it is not an amendment because it doesn't have anything to do with awarding the contract. Larson withdrew his second on the motion, stating the City does have the money right now with a little bit more added when Daley Field is sold. He said the City can find the money to fund the additional expenses later and it's time to step forward and make a decision. Van Natta moved to call for the question and cut off debate. Atkinson seconded the motion. The motion failed upon a five -to -four vote. Haarr moved an amendment to the original motion to accept Option III with the addition of the 4 Mile Drive improvements and the water main installation having to come from the sale of the fields, and that the amount of money used for Option III not exceed $1,214,477.00, the amount of money the City is holding from the sale of the properties. The motion was seconded by Scarff. There was discussion. Atkinson said he is opposed to the amendment because the money from the sale of the lands shouldn't be used for the 4 Mile Drive improvements. He said there is a defensible argument for putting in the water main for future growth and in addition, the City has never asked any other Park to pay for a water main. Atkinson said this project is the "epitome of worthwhile partnerships" and the City should put as much on the field as it can right now. Nystul said if the City spends a total of 1.4 million dollars it's a nice contribution to get things started and he expects the City will be doing more down the road. The amended motion failed upon roll call vote with Haarr, Nystul and Scarff voting in favor, and Atkinson, Donahue, Graves, Larson, Van Natta and Mayor Boharski voting against. 10 The original motion failed upon roll call vote with Atkinson, Graves, Larson and Van Natta voting in favor, and Donahue, Haarr, Nystul, Scarff and Mayor Boharski voting against. Atkinson moved for a re -vote on the amended motion. The motion was seconded by Larson. The motion for a re -vote carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in favor, and Donahue and Mayor Boharski voting against. The amended motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in favor, and Donahue and Mayor Boharski voting against. RESOLUTION 4397-20LICE_GRANT Resolution 4397 is for approval for a criminal justice grant to be used for the purchase and installation of five (5) mobile data terminals in the patrol vehicles. Larson moved Resolution 4397, a resolution 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 Local Law Enforcement Block Grants Program. The motion was seconded by Atkinson. There was discussion. Nystul asked if the terminals will increase the efficiency of the Police Department. Krepps answered the terminals will allow officers to do reports at the scene which should save at least 30 to 40 minutes a day. Nystul said the terminals were not addressed during the budget process and he is concerned that the Council isn't getting the whole story in the packet. He said it would be nice to know what is going on because sometimes there are strings attached to free money. Haarr asked if the terminals were being purchased locally. Police Chief Ad Clark said the money will be used to buy the upgrades, not the hardware itself, which is not available in town. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Mayor Boharski voting in favor, and Nystul voting against. ORDINANCE 1285-HINES FINAL ZONING TO B-2 2ND READING This ordinance completes the annexation of property owned by Donald Hines with a zoning classification of B-2, General Business. 11 Larson moved Ordinance 1285, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit A (previously zoned County B-2, General Business), City B- 2, General Business, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was discussion. Van Natta asked if the Staff had determined whether the property is located in the Airport Free Zone. Narda Wilson from FRDO said the property is completely away from any concerns of construction in the Object Free Area or the Runway Protection Zone. With a roll call vote the motion carried with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. ORDINANCE 1286-ZONING TEXT AMENDMENT -MANUFACTURED HOUSING, 1ST R FADIM This ordinance will bring the City's zoning ordinance concerning manufactured housing into compliance with federal regulations. Atkinson moved Ordinance 1286, an ordinance amending Section 27.22.030 and 27.37.010(133) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the design standards for single family dwellings to allow for manufactured housing meeting U.S. Housing and Urban Development standards, and declaring an effective date. The motion was seconded by Nystul. There was discussion and Narda Wilson answered questions. Donahue said he doesn't have any objection to the substance of the motion or the ordinance request, but he said he objects to the manner in which it came before the Council. Donahue said the matter started in the Site Review Committee and the Committee decided on its own to send the request to the City -County Planning Board for discussion and a recommendation. He said the Site Review Committee should have come to the Council first for the Council to make the decision whether to send the matter to the Planning Board. Wilson said the issue came up as a zoning issue with the zoning administrator. She said they spoke with the City Attorney who determined the City's current zoning regulations were clearly in conflict with federal law. She said he advised the Planning Board to make the changes. 12 Donahue said it's still a policy decision as to whether the Council wants to proceed with the changes or not. Van Natta said he doesn't think the Council should be sending something to the Planning Board that says this is what the Council wants. He said that is what the Staff is for, to do the research and come back with a recommendation. Haarr disagreed, saying this is just another example of how the Council gets things at the last minute and are expected to act on them. He said the little bit of time it would take to address the issue would bring it into the proper loop. Krepps said the current process is set up for items to go to the Zoning Board first and then to the Council. He said to change that many other things would also have to be changed. Krepps said you can't "cherry pick" a process and change it. He said you have to look at the whole picture. Krepps said the entire zoning regulations are being looked at for changes. Wilson said the reason this issue has been singled out is because she feels the matter was urgent enough to take ahead of the rest of the housekeeping items they are looking at under the zoning regulations. Donahue said he still feels the Council should get to make the decision on what goes to the Planning Board because the way it's handled now the Council gets bypassed. Wilson suggested the City Council set up a meeting with the Planning Board to talk about some specific issues in the zoning regulations that the Staff has found to be problematic. Boharski expressed concern that if the ordinance passes, manufactured housing would be allowed in all zoning classifications. Scarff said he felt there should be a provision to protect some of the older historic neighborhoods. Wilson said an historic overlay could be developed for the east and west side historic districts of Kalispell, or in the alternative, a manufactured home overlay. Boharski suggested amending the motion to making manufactured housing a Conditional Use Permit. Wilson replied the Conditional Use Permit process provides a mechanism for public hearing for people to express concerns regarding the potential impact of the use. She suggested the Council could, instead, place performance standards that would accomplish the same thing. 13 Donahue suggested voting against the ordinance at this time and have Wilson pass along the feelings of the Council to the Board, which could possibly exclude the top one or two single family zones. Nystul informed the Council that manufactured homes are allowed in all zoning classifications now, the only change from the ordinance would be to require the houses to have HUD approval along with a minimum width requirement. He said if the ordinance is passed, that issue would be taken care of and the bigger issues could be addressed later. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. CONDITIONAL USE PERMIT__F ATHEAD__H.EALTH CENTER -TEMPORARY STRUCTURE Flathead Health Center is seeking approval for a temporary office building located south of Kalispell Regional Hospital and east of Claremont Street. Wilson explained the data center at the hospital is putting in a new computer system that is displacing seven employees so a factory, pre -built office building has been ordered. She said the hospital anticipates the building will not be needed for more than two years. Nystul moved to grant the Conditional Use Permit for Flathead Health Center for a conditional use to add a temporary office building on their property with the three conditions. The motion was seconded by Haarr. The motion carried with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. PECDD BUILDING LEASE The BALSCO/PECDD lease for 248 3-' Avenue East is expiring and BALSCO partners have offered to enter into a new lease for a period of five (5) years starting May 1, 1998. Atkinson moved to authorize the City Manager to sign the lease for three years with a two year option to renew with BALSCO Partnership for the lease of the building. The motion was seconded by Larson. Boharski said if the Council receives a low bid on the National Flood Service Building, the City would be better off keeping it and moving the offices to that building. Krepps said the National Flood building creates some problems as far as public access. He said the building isn't handicapped accesible and in addition, there isn't a meeting room. 14 Haarr he moved to amend the motion by seeking a 90-day extension from BALSCO with a month -to -month lease until the future of the National Flood building is determined. The motion was seconded by Scarf. f . Randy Ogle, member of BALSCO Partnership, said BALSCO partners would be not be willing to grant a 90-day extension and go on a month -to -month lease basis. He said they would have no choice but to aggressively look for another tenant. Larry Gallagher said Community Development has up to 75 contractors and others at their counter each day. He said Community Development is in the service business and the building they are in now works. He said the lease rates and the utility rates are very reasonable and every square foot of the building is being used. Gallagher said the Council is suggesting the department move to a building that is smaller and most of which, is not accessible to the public. Ogle said they would be agreeable to work with the City if there was a need to sublet the building. Haarr withdrew the amended motion. The motion carried unanimously with a vote. REVIEW OF KDC OFFERING Haarr moved to offer the KDC property in two parts: 1) The National Flood Service building, Lots 1 and 2, and the north 14 feet of Lot 3 of Block 36, and 2) The south 11 f eet of Lot 3, Lots 4 through 16 of Block 36, and Lots 1 through 4 of Block 45. The motion was seconded by Donahue. There was discussion. Nystul inquired as to why Haarr added the extra footage to the motion. Haarr answered you can't efficiently put in a parking lot on 50 feet. He said you end up with angled parking on one side and diagonal on the other and it's very inefficient to manage. Atkinson asked if there was a downside to the motion. Krepps said only in terms of flexibility. The motion carried unanimously with a vote. A TTTiOR TY TO ADVERTISg-FOR-_BID--3gI)- .-STgEFIZ FAST AND 1ST AVENUE FAST TRAIC SIGNAL -PER PETITIONS A petition has been submitted to the City for a 4-way stop at the intersection. The Staff has recommended a traffic light. 15 Boharski expressed concern that if a light was installed now it may have to be moved in six months if the City decides to do something different with that corner, such as putting up a parking structure. He questioned the urgency of the light at this time. Graves said he feels it's a very important project. He said he goes that way every night and one night he saw a woman almost get killed there. Nystul asked if the lights would tie in with the upgrade on the controllers on Main Street. Krepps said all the lights would be coordinated. Graves asked why traffic lights have been recommended when the petition asked for a 4 way stop. Krepps answered a 4 way stop would not provide the gaps needed for pedestrians and lights would do a much better job. Nystul moved the City Manager be authorized to advertise for bids for the traffic signal for Vt Avenue East and 3rd Street East. The motion was seconded by Larson. The motion carried with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta voting in favor and Mayor Boharski voting against. HEALTH DEPARTMENT BUDGET ITEMS The City has received two Health Department budget amendment requests from the County for approval. The requests include $15,000 for a vehicle purchase, $5,000 for computer upgrades, a $14,400 rent transfer along with a reduction in the immunization budget of $2,924. Donahue moved to advise the Health Department that the Council approves the budget transfers requested. The motion was seconded by Atkinson. There was discussion. Larson explained the Department is in dire need of an automobile and they also need a computer update. In addition Larson said the Health Department anticipated more immunization funds than they received so they had to reduce the amount of services provided. Larson said the County Attorney's office approved the budget transfers following the Health Department meeting. Nystul thanked Larson for the explanation and said the interlocal agreement doesn't address this situation which is one more reason for taking a new look at the agreement. 16 The motion carried unanimously with a vote. Atkinson moved to adjourn. The motion was seconded by Scarff. The motion carried unanimously with a vote. ADJOURN The meeting was adjourned at 11:00 p.m. Wm E. Boharski, Mayor ATTEST: Theresa white Clerk of Council I A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 11:00 A.M. WEDNESDAY, APRIL 8, 1998, IN THE COUNCIL CHAFERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR BILL BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, RON VAN NATTA AND DOUG SCARFF WERE PRESENT. GARY NYSTUL WAS ABSENT. Mayor Boharski called the special meeting to order pursuant to Section 2-8, Ordinance 1166. jjTRCTRUNARV HRARTNC Mayor Boharski said he feels the individual's right to privacy outweighs the public's right to know and asked City Attorney Glen Neier if he would like the meeting closed. Neier said he would like the meeting to remain open. Mayor Boharski explained the special meeting was called to discuss a personnel issue involving Neier, and asked Assistant City Attorney Richard Hickel to apprise the Council of the current situation. Hickel said Neier was charged with Driving Under the Influence and Speeding which took place in Columbia Falls on April 7. He said at that time he was taken into custody and transported to the Columbia Falls Police Department. Hickel said Neier consented to a breathalyzer test. He said because Neier coughed a couple of times the officer felt he could not get an accurate test and offered Neier the opportunity to have a blood sample drawn by an authorized practitioner, which Neier agreed to. Hickel said Neier was then transported to North valley Hospital where a blood sample was drawn, which has been sent to the State Crime Lab in Missoula for analysis. Hickel said at this point Neier has entered a not guilty plea before Columbia Falls Judge Susan Gordon and the matter has been set for an Omnibus Hearing. Boharski informed Council members they have a number of options that can be considered. He said Neier is the City Attorney for Kalispell and is in a position to try cases dealing with this sort of situation. He said it puts the City in a difficult position, as it would be with any of the law enforcement officers. Boharski recommended Neier be suspended indefinitely with pay pending the outcome of the case. Neier asked to speak, saying he has prepared a written statement and would get a copy to anyone who wishes it. Neier said he was arrested in Columbia Falls at approximately two a.m. on April 7 and was charged with DUI and Speeding. He said based upon the advice of counsel, he must decline to discuss any of the substantive issues involved with the arrest, however he wants to dispel the rumor that he refused the breathalyzer test. Neier said he did not refuse the test. He said he coughed a couple of times during the machine's N warm-up period and the officer decided he would rather have a blood test. Secondly, Neier said he is naturally embarrassed as to the situation in which he has placed himself, whether guilty or not guilty. He said he doesn't offer any excuses or justifications and doesn't expect any sympathy, however he pointed out he is charged with the offense of DUI and has not been found, nor plead guilty, to the offense. Neier said under our system of justice, as Hickel indicated, he is entitled and must be afforded a presumption of innocence until this case is disposed of. He said he is not certain for the need or the urgency in calling this meeting of the City Council. He stated if he was not involved as a principal in this matter, he would advise against any action until an actual disposition of this case was made. Neier added the Council has very competent legal counsel in this matter, Rich Hickel, and he expects the Council to seek and heed his advice in dealing with this situation. Neier said as a prosecutor of DUI cases for over twenty years, he is well aware of the consequences and ramifications of a DUI conviction, however he added he doesn't believe even a conviction of the crime of DUI is a sign of moral turpitude, nor can it be construed to affect job performance. He said this incident, whether guilty or not guilty, took place at two o'clock in the morning and he was not in a City vehicle, he was not on City time and he was not on City business. Neier said he was, under the terms of the law, on a "frolic of his own." He said whether he is convicted of the DUI or not, the issue would not be relevant to any Court in any cases he would be obliged to prosecute. He said he must deal with the circumstances that will occur as a result of these charges. Neier said he will deal with his situation and he is sure the City Attorney's office in Columbia Falls will handle the matter professionally. He said the matter will be disposed of in the ordinary manner of affairs and everyone can continue on with their lives regardless of the ramifications of his situation. Boharski said his recommendation of suspension would require a motion by a Council member. Haarr asked Boharski to restate his recommendation. Boharski stated because of the nature of the office that Neier holds, in essence, the chief law enforcement officer of the City of Kalispell, he is recommending suspension with pay, pending the investigation of the Columbia Falls Police Department, for an indefinite period of time. Scarff asked Hickel for his opinion or recommendation. Hickel answered he can give the Council the legalities of what it can or cannot do, but as far as making a recommendation it would not be his place to do so. K, Larson questioned Boharski as to the other options he mentioned and asked him to explain. Boharski said the Council can "go as far as it wants to," but he doesn't think at this point in time any termination or suspension without pay would be appropriate. He said the City doesn't really have a probationary, "per se," status in the policy manual and suspension with pay seems to be the only appropriate action the Council can take all this time. Van Natta commented Neier is innocent until proven guilty and the City should be "getting some value out of Glen if we're going to pay him." He said perhaps a moratorium should be set prohibiting Neier from prosecuting DUI cases. Van Natta said he feels suspension is a drastic move when the Council doesn't have a finding yet. Boharski compared the situation to one involving a law enforcement officer. He said if the same thing happened to a police officer he feels this is exactly how the Council would handle the situation. Scarff asked Hickel what he would do if it were somebody Hickel supervised. Hickel told the Council he can give them different types of things he would look at. He said to respond to the Mayor's comment, as far as equating this situation with a law enforcement officer, he said there are distinctions that can be drawn. He said for one, you can look at our recent history regarding dealings with law enforcement officers who have been charged with a crime. Hickel said an individual in a high position of the Police Department was charged recently in an unfortunate instance last fall with a relatively serious felony crime. He said the officer was, at that time, placed on suspension with pay. Hickel said the policy and procedures manual addresses the matter of imposing disciplinary action against employees charged with felonies and gross misdemeanors. He said in his opinion, a DUI does not fall within the category of a gross misdemeanor, and it's definitely not a felony. Hickel said the second factor is to look at the job related duties. He said in the case of a law enforcement officer, one of his duties is going to be to drive a City vehicle. He said if the infraction impacts his ability to carry out that particular function, then you have to take a good, hard serious look at that. Hickel said Neier's position doesn't involve operating a City vehicle or require him to do City business while behind the wheel of a vehicle. He added Neier has not had his license suspended and his license will not be suspended pending the resolution of the this charge. Hickel said thirdly, there is a "laundry list" of disciplinary actions that can be imposed, but at the top of the list the wording says types of disciplinary actions "may include." He said if the Council can find an appropriate sanction that is not included in the list, then he feels the Council is within its 4 authority to do that. Larson said he, like Van Natta, would like to see Neier continue his work with possibly a restriction on dealing with DUI cases. He said at the time when Neier is either found guilty, changes his plea or is found not guilty, then the Council will have to make another decision. Graves agreed, saying if everyone that has had a DUI in the private sector was suspended, we'd have a line at the unemployment office. He said he doesn't think it is fair of the Council to make any other decision until the case is settled. Atkinson moved that Council suspend Neier from prosecuting DUI cases until the disposition of the charge. The motion was seconded by Larson. There was discussion. Haarr concurred with the motion and said in this instance the Council is dealing with a situation in which they are very familiar with the person's reputation. He said Neier has a long history of employment with the City and has done a good job. Haarr said Neier is innocent until the disposition of the case and it would be ridiculous to suspend him and not have him accomplish the things on his agenda. Donahue said having sat in the same chair as Neier for many, many years, he can recognize his position and also recognize the position of the Council. Donahue said the Council is now under public scrutiny as to whether "we are trying to whitewash the situation or not." He said it's clear from the law that if the Council takes punitive action against Neier, then he is entitled to a full-blown hearing and the Council would sit in a judicial -type capacity. Donahue said the Council can't do that until there is a specific charge that has been proven. He said on the other hand, he doesn't look upon a suspension as punitive as long as Neier is paid his salary. Donahue said if the Council suspends Neier then the City would have an empty chair in the administration which would put an undue burden on Hickel. He said Neier has been embarrassed, the City has been embarrassed, the lawyers have been embarrassed, but he doesn't think the Council can right that wrong at this point. Donahue said he feels an adequate action would be to suspend Neier from carrying out his duties in relation to criminal matters until the matter is disposed of. Boharski pointed out that Donahue mentioned all criminal matters and the motion specifically deals with DUI cases. Donahue moved to amend the motion to include all criminal matters. The motion was seconded by Larson. 5 Van Natta asked for a clarification as to what percentage of the work load that would include. Hickel said he handles ninety percent of the criminal matters and Neier only fills in on those rare occasions when he takes time off or he's involved in another matter and can't be there. The amendment carried upon vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, van Natta and Mayor Boharski voting in favor, and Atkinson voting against. The motion as amended carried unanimously upon vote. Atkinson moved to adjourn. The motion was seconded. The motion carried unanimously upon vote. ADJOURN The special meeting was adjourned at 11:40 a.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council