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A. Council Minutes - Regular Meeting October 5, 19981 A REGULAR MEETING OF THE RALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 5, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSRI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AG IMA APPROVAL Haarr moved approval of the Agenda as presented. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting September 21, 1998 B. Approval of Claims per Payables Register-$258,444.96 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC No one spoke. AWARD BID - SNOW BLOWER Public Works Director Jim Hansz is recommending the Council award Ameri-Tech Equipment Co. a contract to supply a snow blower to the City at a cost of $37,165.00. Graves moved the Public Works Department enter into a contract with Ameri-Tec Equipment Co. to supply a snow blower. The motion was seconded by Scarff. There was discussion. Boharski asked how the bid compared to the amount budgeted for a snow blower. Hansz answered $38,000.00 was budgeted. The motion carried unanimously upon vote. 2 AUTHORITY TO BID - UTILITY TRACTOR AND BACK HOE Hansz is requesting the authority to bid a utility tractor for alley maintenance and clean up, and a back hoe to replace a 1974 Case 680 for the storm sewer and sewer division. Larson moved authorization be given to the Public Works Department to advertise for bid the utility tractor and back hoe. The motion was seconded by Atkinson. There was discussion. Donahue asked Hansz if the utility tractor is replacing any equipment and what the life expectancy is. Hansz said the tractor isn't replacing anything, but it would be used in place of other equipment that is taken off certain jobs to support solid waste division clean up efforts. He added he hopes the equipment lasts at least twenty years. -_ Scarf asked whether the back hoe being replaced will be kept in reserve or retired. Hansz answered that hasn't been decided yet, however the back hoe would be a good piece of equipment to maintain in inventory for light duty work. The motion carried unanimously upon vote. APPROVE JOB DESCRIPTION - AIRPORT MANAGER Neier explained the budget anticipated a salary of eight thousand dollars for a part-time Airport Manager, however certain payroll costs will increase that amount. He stated he believes the Manager must be an "employee" of the City (Airport Authority) if the Manager is to have authority to purchase and collect money. Neier said in the future, if the Manager doesn't generate the necessary funds to pay his salary, the City will be required to come up with the additional funds. He suggested the Council authorize a temporary position at four hours per day for six months and evaluate the position later next year. Nystul moved the Council authorize a temporary six month position for Airport Manager as described in the job description presented. The motion was seconded by Scarff. There was discussion. Donahue stated this is premature because if the City hires an Airport Manager he has to know what he's doing and have the authority to collect the fees. Donahue said as f ar as he knows there's nothing in writing concerning the fees. Parks Director Mike Baker said the City does have an ordinance establishing Airport fees which he believes was written in the eighties. 3 Donahue said if the ordinance is that old, then the Council should reexamine it. He commented an annual $25.00 access fee is "ridiculous." Donahue said the Council needs to meet as the Airport Authority to discuss who the manager would report to, the fees to be collected, and office space. Boharski questioned whether the Airport Authority technically has the eight thousand dollars to hire a manager, or if the money belongs to the City. Finance Director Amy Robertson answered it's money that has been collected from tie downs and fuel tax, but it's on the City's books. She said if the City had a "true" Airport Authority, it would handle it's own books, but since the money is listed in the City's budget, then it should be listed as the City's money. Van Natta stated he agrees with Donahue. He said since the manager -will be working for the Airport Authority, then the Authority should be approving the job. Boharski suggested Neier sort out the various questions and return to the Council, at an Authority meeting, with a final job description and a proper way to implement a policy so the money that's budgeted can be disseminated to the Authority. Donahue commented the Airport Authority should be "junked" and the airport run by the City through a commission. He said the Authority has been set aside and "forgotten about." Scarff:disagreed, stating the Airport Advisory Board wanted the City to authorize the money so the Authority could hire a manager. He said that process has beer. started. Nystul said some good points have been raised but someone needs to be hired, whether by the City or the Authority, to collect the fees that are now going uncollected. He said because of the questions however, he would be willing to withdraw his motion if the second has- no objections, and if he can be assured the Airport Authority will meet in two weeks with Neier having answers to the questions posed. Scarff agreed. AUTHORITY TO CHANGE FIRST TIME. HOME BUYER PROGRAM During the Council Workshop on September 28, Susan Moyer, PECDD, outlined changes she would like to make in the First Time Home Buyer Program. The changes recommended are: 1) request Board of Realtors to participate in marketing at reduced commissions, 2) change the definition of "family" to allow for single individuals, 3) allow full cost of lots in Teton Terrace to be included in zero interest deferred mortgage, and 4) create two model units in Teton Terrace. 4 Atkinson moved the Council approve the suggested changes to the First Time Home Buyer Program. The motion was seconded by Nystul. There was discussion. Atkinson asked if any Realtors have been approached yet. Moyer said she couldn't talk to any Realtors without permission from the Council because the basic premise of the program is being changed. Donahue asked if the Federal agencies will accept the changes. Moyer said the agencies are getting very concerned because they need to close out the grants and are in favor of anything within the law to help speed up the process. Atkinson explained the reason for the changes is to allow a wider selection of applicants for low income housing in Teton Terrace and woodland Court. He asked Moyer to tell the audience why Community Development is having trouble filling a low income housing unit. Moyer said one of the biggest problems is the credit card trap. She said young people need a lot of educating and counseling on how to handle their credit. Moyer stated she has a stack of files on people who are interested in low income housing, but they've either filed bankruptcy, or are so deep in debt, the banks won't even consider them. The motion carried unanimously upon vote. _= AL S -HOOT. PARKING LOT Neier explained that Swank Construction, a few weeks ago, requested a change order for the Central School contract for grading and paving of the parking lot. Neier said Swank's proposal was declined and Moyer has investigated the status of the parking lot and discovered Bruce Lutz would be willing to design a grading, paving and landscaping plan for the north parking lot for $1,750.00. He said funds are available in both the Community Development budget and Central School construction budget to cover the cost if the Council directs the Staff to proceed with the design of Bruce Lutz and the bidding of the job. Atkinson moved to authorize Staff to proceed with the design and construction of the north parking lot. The motion was seconded by Van Natta. There was discussion. Donahue moved an amendment to the motion by adding the costs of the parking lot, sidewalks and landscaping be taken from the Central School construction budget only. The motion was seconded by Haarr. 5 Atkinson asked Moyer if the $35,000.00 in the Central School budget will be enough to cover the project. Moyer answered the $35,000.00 was budgeted strictly for the asphalt. She said the paving, landscaping and walkway work could be taken from the original amount budgeted for the Central School renovation which has an approximate surplus at this point of $60,000.00. van Natta asked Donahue what will happen if there isn't enough money in the Central School construction budget to complete the project. Donahue said the City set a limit of two and a half million dollars on the project and any work should come out of that budgeted amount. He said if it doesn't fit within the two and a half million, then the Council will have to face that question later. Boharski commented the Council should be presented with the design prior to going out to bid. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote. EMPLOYER. PARKING POL.ZCY Boharski said in the past, the Council has discussed the possibility of implementing a policy prohibiting City personnel from utilizing on -street parking during working hours. Neier stated Council members are welcome to discuss the matter, however, before creating any policy of this nature, legal and constitutional issues should be reviewed. Nystul asked if Neier could research the subject and have an amendment to the Personnel Manual available for discussion at the Council Meeting on October 19th. Neier said he'll try to get it done by then, but he can't guarantee it. Donahue commented he would also like to examine the policy of employees parking in the alley behind City Hall. He said those parking spaces should be kept only for police vehicles which would allow the three patrol cars that are parked on Ch Street to be moved to City property. Police Chief Frank Garner said except for one space, all of the parking in the alley is available to the Police Department. He said he has some ideas to improve the parking situation, but for right now, the best place for the extra parking is on Ch Street. 0 Boharski asked Neier to bring a package back to the Council addressing the various parking concerns and some possible solutions. KALISPELL CITY CODES Nystul commented the Council received the revisions to the Kalispell City Codes several months ago, and yet the new Codes are still not being used. He said the Codes need an index and an ordinance or resolution adopting them. Neier said he had hoped the Council would take the various chapters that have been changed and adopt ordinances for placement in the book. He said at that time an index would be done and the book finalized. Neier added, however, developing an index is going to be a complicated and time consuming process. Neier said in the meantime, the Council can pass an ordinance adopting the revised City Codes as the official ones of the City of Kalispell. Donahue stated he would be willing, in his professional capacity, to redo the index. He said he would like a reasonable fee for his time but wouldn't consider doing the work without the Council's permission. Donahue said his fee could probably be recouped by selling the final product to local attorneys. Larson asked if it's legal to hire a Council member to do work for the City. Donahue answered he thinks the conflict of interest statute relates to an on -going contract with the City. He said this would be a "one-shot job" with an hourly fee comparable to that of the City Attorneys. Boharski commented whether Donahue, or someone else is hired, the index needs to be done and the book finished. Neier said he will look into the legalities and get back to the Council. COUNCIL COMMENTS �INFORM_ATIONfQUESTIONS Haarr mentioned the City received a final check of $10,000.00 from Goodale & Barbieri as per the agreement on the Kalispell Center Mall. Haarr asked that a work session be set to discuss a request from City Service for financial assistance from the City. Neier answered a work session -can be scheduled but there isn't a lot of money in the west Side Tax Increment District to help with financing. Haarr said the request is for development within the City limits and he would like to provide support verbally, and financially, if possible. Haarr asked Neier how the labor negotiations are going. Neier answered there is a "lull" in the Police negotiations. He said the Firemen and the City are proceeding to fact finding. Atkinson moved to adjourn. The motion was seconded by Graves. The motion carried unanimously upon vote. The meeting was adjourned at 8:20 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council