10/05/98 City Council Minutes1342
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A REGULAR MEETING OF THE KALISPELL 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. BOHARSKI 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.
AGENDA 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.
No one spoke.
AWARD BID - SNOW BLOWER
Pubfic Works Director Tim Hansom is recommending ,the`'Co'itncil award
Amer^'Tech Equipment Co. a contract to supply a s-hoti 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 wasi discussion.
Boharski asked how the bid compared to the amount budgeted for a
snow blower.
Hansz answered $38,000.00 was budgeted.
The ifti-bii carried unanimously -upon vote.
AUTHORITy TO BID - UrrTLITY TRACTOR AND BACK HOE
Hansz is requesting the authorit to bid a utility tractor for alley
maint'enanee and clean up, and aLck hoe to replace a 1974 Case 680
for= the,°storm sewer and sewer_° dsvision.
Larson` -moved authorization be given to the Public works Department
to advertise for bid the utility tractor and back hoe. The motion
was seconded by Atkinson. -
There-`*a-s- discussion.
Dona hue_ asked Hansz if the utility tractor is replacing any
equ?'pIrrerrt and what the life expectancy is.
Hansz said the tractor isn't rep%aci ng any "' but would be
used in place of other equipment that is taken off certain jobs to
support solid waste division clean up efforts._ He added he hopes
the equipment lasts at least twpAty years.
ScaYtfl 'asked whether the back hoe being replaced will be kept in
reserve or retired.
Hansz answered that hasn't been decided yet, however the back hoe
would_ be a good piece of equipment to maintain 4 in' inventory for
1igghtl du , ' work.
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The motion carried unanimously upon vote.
APPROVE Tp$ D'.'-['RTpR+=pN __--_ATRPQRT _ ANAGM
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 far 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.
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_s6 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, st-.ting the Airport Advisory Board wanted the City
to authorize the money so the Authority could hire a manager. He
said. that process has been started.
Npstuj. said some good points have been raised but someone needs to
be hiredl whether by the City or the Authority, to collect the f ees
that are now going uncollected. He said because of the questions
however; he would be willing to withdraw his motion if the second
has nor -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.
A THOR 'TY TO CHANryV, FIRST TIME HOMP, B TY R PRO AM
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
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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.
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 therm.
The motion carried unanimously upon vote.
CENTRAL SCHOOL 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 $1,750.00. He
said funds are available in both. -the -Community Development budget
and Central School construction budget to cover the cost if the
Council directs the Staff to proceed with the design of Bruce Lutz
and the bidding of the job. -
Atkinson -moved to authorize staff to proceed with the design an!/
construbtzon of the north parking lot. The motion was seconded by
van-`-�Ta t tsi
There was \discussion.
p$r ark 1 t moved an sidewalks and landscaping- be aginent to the, -motion by g' from riot'_ dihf the
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central
School construction budget only. _ The motion was seconded by Haarr.
Atkinson asked Moyer if the $35;066-.00 in the -Central -,-School -budget
will- be enough to cover the project.
1 paving, landscaping and walkway
Mq�er`-ansgr red the $35,000.00 was budgete"d'strictly'for the asphalt.
s�ie s��.d the work could be taken
from the original amount budgeted for the Central School renovation
wizl'ch-has an approximate surelusl�'at this -point of $60,000.00.
V�n'ivatta asked Donahue what will happen if there isn't enough money
in�the Central School construction budget to complete the project.
Donahue said the Cityset a limit oft -two and a half mfll'ion'_dbllars
o' - -
p 7 9 d_ come out of that budgeted amount .
He said r®f ei t doesn't f i tkwthin- tie _tww and -a hal f - nit 'il ion, ': then
the Council will have to face that .queibn late,. ,
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toh.arski 66mmented the Council should' e-_presented with the design
prior, -to going out to bid. _,_i
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The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon vote.
EMPLOYEE. PARKING POLICY
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 4th 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 4th Street.
Boharski asked Neier to bring a package back to the Council
addressing the various parking concerns and some possible solutions.
KALISP LL rTTV rOMS
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}1but wouldn't consider doing _the- work without the Council's
peg Es'gion. 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.
B6 arski commented that 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 OMM NTS,TNFO MATTON/D 7 S TONS
Haarr mentioned the City received_a final check of $10,000.00 from
Goodale & Barbieri as per the agreement on the Kali -spell Center
Mall.
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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.
ADJOURN
The meeting was adjourned at 8.20 p.m.
Wm.E .50harski
Wm. E. Boharski, Mayor
ATTEST;
Theresa White
Clerk--'of-Council
approved October 19, 1998
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