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02/22/00 City Council Minutes1578 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 22, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND DON COUNSELL WERE ABSENT. 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 Van Natta. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting February 7, 2000 2. Approval of Claims per Payables Register-$262,036.70 Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC None ORDINANCE 1348 - 1ST READING - ORDINANCE ALLOWING FOR TWO-WAY TRAFFIC ON A PORTION OF 1ST ALLEY WEST FROM 3RD STREET Larson moved first reading of Ordinance 1348, an ordinance to amend Section 17-96(c), Kalispell City Code, allowing for two-way traffic on a portion of 1st Alley West from Third Street and declaring an effective date. The motion was seconded by Scarff. There was discussion. Van Natta stated he has already spoken with Neier about adding the word "south" to the Section I which should read "except that two hundred twelve feet (21) feet South of the South right of way line". There was no objection. The motion carried unanimously upon roll call vote. RESOLUTION 4540 - RESOLUTION AUTHORIZING PARTICIPATION IN BOARD OF INVESTMENTS LOAN PROGRAM FOR PURCHASE OF A JOHN DEERE TC54H LOADER Public Works Director Jim Hansz explained the loader should arrive this week and will replace a 1969 model. Scarff moved Resolution 4540, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender . Option Municipal Finance Kalispell City Council Minutes February 22, 2000 1579 Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded by Larson. There was discussion. Boharski asked what the difference would be in the interest between fixed and variable rates. Finance Director Amy Robertson stated the City doesn't have that option since the Board of Investments Intercap Program is always at variable rate. Boharski pointed out there will be no increase in water and sewer rates to finance the purchase of the loader. The motion carried unanimously upon roll call vote. RESOLUTION 4541 - A RESOLUTION AUTHORIZING PARTICIPATION IN BOARD OF INVESTMENTS LOAN PROGRAM FOR PURCHASE OF A CATERPILLAR 120H MOTORGRADER Hansz explained the Grader has already been received and replaces a 1948 model which has been sold at auction. Haarr moved Resolution 4541, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4542 - A RESOLUTION AUTHORIZING PARTICIPATION IN BOARD OF INVESTMENTS LOAN PROGRAM FOR PURCHASE OF AN HME FIRE TRUCK Fire Chief Ted Waggener states the firefighters are getting "up to speed" with the new truck now and it should be in service within a month. Leistiko moved Resolution 4542, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. BOARD APPOINTMENT - CONRAD MANSION BOARD OF DIRECTORS Boharski explained Everit Sliter would like to be reappointed to the Board of Directors and was the only one to apply for the opening. Boharski recommended Sliter be reappointed to the Conrad Mansion Board of Directors. Scarf moved Council accept BoharskiIsrecommendation and reappoint Everit Sliter to the Conrad Mansion Board. The motion was seconded by Larson. Kalispell City Council Minutes February 22, 2000 Page 2 of 3 1580 There was discussion. Haarr commended Sliter for his many years of service on the board and added it's because of members like Sliter that the Conrad Mansion basically pays for itself. The motion carried unanimously upon vote. BOARD APPOINTMENT - BOARD OF ADJUSTMENT Boharski explained two applications were received for an opening on the Board of Adjustment. He stated Isabelle Mattson has asked for reappointment and John Parsons has requested he be given the seat. Boharski recommended John Parsons be appointed to the Board of Adjustment. Larson moved Council accept Boharski's recommendation and appoint John Parsons to the Board of Adjustment. The motion was seconded by Haarr. . There was no discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Neier explained when the City purchased what is referred to as the TPT property south of City Hall, the three buildings were occupied by three tenants. He said one of the buildings had a lease with the other two housing month -to -month tenants. Neier said the organization involved with the leased building has surrendered the lease to the City, but there is still a dispute as to the occupancy of a previous tenant that may create a cloud on the title. He suggested the Council authorize the City Attorney's office to undertake a quiet title action to eliminate any claim or right to the occupancy of the building by anybody but the City. Larson moved the Council authorize the City Attorney's office to begin quiet title proceedings on 418 and 420 1st Avenue East. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 7:32 p.m. ATTEST: Theresa White City Clerk approved March 6, 2000 Wm. E. Boharski Mayor Kalispell City Council Minutes February 22, 2000 Page 3 of 3