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.
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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.
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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.
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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.
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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.
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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