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11/16/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, 4"-jr NOVEMBER 16, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL, MAYQR .HAPP PRESIDED, COUNCIL- MAN DALEY WAS ABSENT BECAUSE OF ILLNESS, ALL OTHER WUNCILMEN WERE PRESENT. APPROVE MINUTES Correction on page 247 under Finance Report "out of fault of current administration" and page 247 under .TAX INCREMENT "community development" instead of HUD. Councilman Granmo moved to approve minutes of the Regular Meeting of November 2, 1981 as corrected. Seconded by Councilman Smith. Motion carried. Correction on page 249 on last line should read Ward II rather than Ward 1. On page 250 under`.dis-cussion of garbage, delete statement on number of cans allowed and empty lots and change dwelling to living unit. Councilman O'Boyle moved to approve minutes of the Special Meeting of November 9, 1(981, as corrected. Seconded by Councilman Grainger. Motion carried. CITY OFFICIAL REPORTS City Treasurer for September City Judge for October Police Chief for October Quarterly Report for Fire Department Councilman O'Boyle moved that city of fi ci al reports be -accepted. Seconded by Council- man Zauner. Motion carried. ADDRESSING THE COUNCIL Mayor Happ reported that she was in Spokane for a meeting last weekend and had checked on Councilman Daley, who is in the hospital, His heart operation was successful and he was being readied to move out of the intensive cane unit. Mayor Happ made three calls for anyone wishing to address the Council. No one appeared. COUNCIL APPOINTMENT Councilman O'Boyle moved Council confirmation of the appointment of Gayle Vidal to the Council seat in Ward II, vacated when Councilman Saverud moved to Ward 111. Seconded by Councilman Gr anmo . Motion carried. The Oath of Office was administered to Gayle Vidal by City Clerk Giermann. Councilman Vidal was seated by Mayor. Happ. COMMITTEE REPORTS SAFETY ORDINANCE #993 Councilman Grainger moved second reading of Ordinance #993, an ordinance to amend the DWI 'violation and penalty to conform with state law, Seconded by Councilman Zauner. Roll call vote. All voted aye. Councilman Grainger reported that the Safety Committee met with Police Chief Stefanie and Assistant Chief Hellman regarding the 10/4 and 10/3 work agreement, which expires November 20th. The Safety Committee recommends it continue until June 30, 1982. Councilman Grainger stated that they also discussed including Chief Stefanic, Assistant Chief Hellman and Detectives Hossack, Gifford and DuPuy on a 10 hours a day,- four days a week work schedule on a day-by-day trial basis. The feeling is that with the regular officers working the 10/4 schedule weekly and they working an 8 to 5 Monday through Fri- day shift, the two groups.do not often come in contact. Councilman Granmo questioned the fact that two of the detectives are members of the KPPA and there might be some problems, After further discussion, Councilman Granmo moved to extend the 10 hours per day for 4 days, with three days off, work schedule until June 30, 19 82 , Motion carried. Councilman Grainger stated that if there were no strong objections by any of the Council- men and the arrangement is cleared with the KPPA, the Committee will permit Chief Stefani c, Assistant Chief Hellman and Detectives Hossack, Gifford and DuPuy to work the same schedule. SEWER & WATER Councilman Granmo reported that Mr. T. R. Flynn has completed the water and sewer studies and will be meeting with the Council tonite if he returns in time from Whitefish. If he does not, a meeting will be scheduled sometime this week. 25 CITY DEVELOPMENT Councilman O'Boyle reported that the Committee viewed the two parking lots which have just been improved through an EDA Grant and have found a few problems which should be corrected, namely, there are three driveways on the lot south of the Eagles which will not be used anymore and the entire sidewalk -should be replaced and there is a problem on the alley side where vehicles have straddled wheel stops and area where shrubs will be placed next spring is full of litter. Community Development Director Gallagher reported that work on the parking lots has terminated until spring. Change Order #2 will be submitted to the EDA Regional Office as soon as it is completed. STREET & ALLEY Councilman O'Boyle reported that the Flathead Safety Council met November 9th at the Outlaw Inn. Guests were Representative John Harp and Tom Barnard of the Highway De- partment. Various aspects of traffic safety were discussed. We are in a high priority area. The largest problem is lack of finances. 1 Councilman Ruiz, asked about the leaf pickup schedule. Director of Public Works Hafferman replied that we are picking up leaves in the streets. Bags of leaves are being taken to -- Flathead Industries for the Handicapped. Gary Overn, Street Department, stated that they have nearly completed pickup on the west side and intend to start on the east side to- morrow. Councilman Ruiz reported a problem in Northridge and said residents want to know when leaves will be removed. Decision was made to start in Northridge tomorrow and do the east side later. Street -crews are working. along main drainage routes so that leaves will not plug the sewer. Mayor Happ asked that street and park crews work full bore to remove leaves so that sewer lines will not be plugged. PARKS, RECREATION,-: AIRPORT Councilman Grainger asked if any of the Council had gone to the airport to look at their problems. He reported that they have a large problem with the runway. It is caking out and will be dangerous to planes. Repair will undoubtedly be quite high, and the Association does not have funds. Their only income is from the gas tax. Because there is not a tiedown field, fees cannot be charged for this. Mayor Happ asked that a meeting be scheduled to include the Airport Board, Park Committee and Director of Public Works Hafferman. Councilman Grainger also reported that there may. -be a problem with a storm sewer outfall and detention pond just east of Woodland Avenue at loth Street, This was built by the State for runoff storm water from the Northeast Storm Drain Project. Some residents between Woodland Drive and Willow Glen Drive are concerned that the pond will overflow onto their property. Mayor Happ asked Councilman O'Boyle to schedule a meeting with the Highway Department, Street $ Alley and Safety Committees; Director of Public Works, Parks Superintendent and one of the Flathead County.Commissioners. EMPLOYMENT City Attorney Donahue -reported a decision received on the Steve Slater arbitration hearing. The arbitrator agreed with the City's position that a blow was struck, but held it was not intentional and therefore was no just cause for termination as the punishment did not fit the crime, Since Slatter was offered his job back on June 15th, but he refused, City Attorney Donahue is preparing to protest to cut off back pay to that date. Mr. Slater went to work today. The last person hired has been laid off. Firemen's salaries have been settled at 7%. ANNEXATION ORDINANCE #995 Councilman Smith moved first reading of Ordinance #995, an ordinance to amend the City of Kalispell Zoning Ordinance to permit City Council to establish fee schedules for various appeals and applications for zoning changes. Seconded by Councilman Ruiz. Roll call vote. All voted aye. An Annexation Committee meeting was scheduled for 3:30 P,M. Wednesday., November 18th. There will have to be a Public Hearing on this amendment before second reading, according to City Attorney Donahue. 1 k.. 177 L W FINANCE 'Councilman Ruiz reported that the Finance Committee met on Friday, November 13, to review bids fox. repurchase agreement (daily investmentplan) for one year as follows: Rate Variable Rate Valley Bank 9..3% No bid First Interstate No bid j z% less Federal rate First Northwestern 11..75% 1% less Federal rate First Security 9.4% 11-2% less Federal rate On recommendation of the Committee, Councilman Ruiz moved to accept the variable rate bid of the First Northwestern National Bank. Seconded by Councilman Grainger. Motion carried, MISCELLANEOUS .Mayor Hupp reminded Council of the Tri-City meeting to be. held at noon, Wednesday, the 18th _at the Whitefish City Golf Club. Mayor Happ read the following letter from the Department of Health & Environmental Sciences: DEPARTMENT OF HEALTH & ENVIRONMENTAL SCIENCES BOARD OF CERTIFICATION FOR WATER AND WASTEWATER OPERATORS TED SCHVIINDEN, c V+ -qiN" COGSW ELL BUILDING STATE OF MONTANA c4061nos-2691 November 9, 7.987E City -of Kalispell Mayor Norma Happ . Box 103E . Kalispell, bbntana 59901 Dear Mayer Happ: We are pleased to inform you that after passing the examination given on September 18, 1981, Geoffrey Hughes has been awarded a certificate as a Class I water and.wastewater plant operator. This certificate is awarded in accordance frith the provisions of MCA 37-42-101 to 37-•42-322 which requires all water and uTastewater treatment plants in Montana be under the supervision of a certified_ :operator.,:.. The examination requires considerable tune in.study and preparation, and the Board felt you should'know of this accomplishment: It represents a lot of hard work and initiative on the part of the individual. Thank you for your cooperation in meeting the requirements of the certification. law by having qualified personnel supervising your plant. _ Sincerely, A D. G. Iillems, P. B. Director rf .A. z M*br, Hap p welcomed Gayle Vidal as; a member •of th.e Council.• Mrs., Vidal"was appointedo:sexve on the Comm Development Committee. I Councilman 6'Boyle moved Council confirmation of Mayor Happ's appointment of Gayle. Vidal to a four year term on the Conrad Mansion Board. Seconded by . Councilman Zauner. Action. carried. City Attorney Donahue., -read the following letter of resignation to Mayor Hupp and members of the.'.Counal. City Of Kalispell Phone 406-755-5457 P. D. Box 1035 Kalispell, Montana 59901 Novemher.16,. 1981 ` Mayor and .City Council City of Kalispell Kalispell, MT 59941. RE;" Retirement Bear. Mayor Kapp and Counci<lmerie Please be advised that-that-T am subml tttng •X�,r .?pplic4tiQa .for retirement from the office of Kalispell, City Attorney: effective at the close of business Dec.•31, 1981. My current term appointment was effective. July 1.,, 1980. Pursuant to State•laws and:City Ordinance No. 893, my term of office does- not expire until June30, 1982, but I"do note choose to fill the last six months of that term, T am giving notice at this time to allow -the Mayor -elect adequate time to arrange a smooth transition of the ending matters"in my office to the designee of dry .successor for the balance"of the-burrent term. The Council may also wish to consider amending the Appointment policy to have the future City Attorney's term of offi'.ce.begin on the first Monday in January following a Catty general election, rather than July" 1st.. as is now the- "caae,. This is,an opportune time to do so, The Mayor -elect chose to make my"office;' and me personally, an issue in the recent City election campaign. False and wilfully"mi.sleading public and private"statem'ents made by him.and his supporters and the . Political advertisement that appeared.on the front page -of the Daily Inter Lake of Nov. 2, 1982 " fa copy_ is attached) make mar serving in his administration intolerable, The duties of the offices of May -or and City Attorney require close cooperation and candor between' the incumbents, From the criticism leveled at me by the"Mayor-elect and his close supporters, I'm sure that could not occur.should t choose to finish out my term of office. For these reasons you must accept my retirement and promptly approve a qualified successor in the best interests of the City, I was first appointed Kalispell City Attorney in August 1968 by the late Larry B3orneby.- I was reappointed by him and served through his entire tenure as.Mayor. "Mayor Norma Ha,pp reappointed me several times. In these thirteen years the office of City Attorney has grown from part-time to a full-time job in every respect, Any ef- fort to curtail the.office to a part-time or "contract'a position. should be resisted as not in the best interest of the City. The in- creasing complexity of all phases of local government demands full time devotion to only City problems by your legal counsel. !'•n'AeAStTM"`"w ,...n�.r^•'+...4+x .av ;-r��d.' ...-. -..a r _. .--..-rR....-.r.�....�., ,...,.. _. __.-,-�.. ...e....�,_. .................-.,_�. ., ._. . Mayor and City Council + November 16, 1981 Page 2 I have been very proud to have served with Mayors Bjorneby and Rapp a,n all the Councilmen who have served in my thirteen years in this chair. They have all shown devotion to the City far above what is generally believed to exist in public offices. Mayor Happ, partic- ularly, has contributed a quality of dignity, charm and -"class" to the City of Kalispell that is known and recognized -from the Gover- nor's office to every major City Hall.in Montana. She is remem- bered by thousands of conventioneers who have been graciously wel-� corned to our City by her. Kalispell's "image" will miss her. During the past year I advised Mayor Rapp I would not be a willing j candidate for reappointment at the end of my current term; however, the recent election results now make that a moot point. I will miss my association with all members of the City Council and the loyal officers of Mayor Happ's administration: If, at some future date, I can assist the City in some other capacity I would : certainly consider doing so. Very t my yours, Nor ert F. Donahue City AttorneyNFD: lb NORM awl ftM d°• ......:" :��`r: ''} �:�,5.�: _ y=�.�r•: •7�A•.;44�>�e._�•�t- -Wring' Mciyar �app's,term-..af~offlci fulltlme_ it ti Alfiarney-s``:..'.pYYosir nn Ywcls crew a :p� 'the r bvdcet'.fbr;:this kpas�tiar��fe�=Q81`8 . - _':�"�j,i'.yli �a1, Yy �a ;:�?k•'a':r3+F ' •;`^�a�-°•'�'�r,4;,�-'yi'..+,'!'s"•• - - :f:;r�S#, jar rt..f•itiwsFs`;.:4rd' Y-'h }} j t 3 j w { s`•' Y Rlw�t'i 4�iuK�K enc 4•• .ryf1.� s ._y • •,i : sl'�;:- !!L .. �+'.1 Lc'•s" ffid, _ .y. • t ^r '.t-J'« .. t.a'�`f Yam"'+ -¢�i; emsY.:- •lt.:YrA•.':,y�yg..t4f;►. ✓;,'•'.':K+lt:f•/.' - - - i. - - +.c "GY 7- -t• ���`'Cs'7t5':+..7r-, •i .}RKr s. _ 3' CY.--"--E Rt�r-`fflv 600WELL - :Y s,��'..,�1`•u �;�•3: �� '.44.'ii:'�:f-3;-.`r AO i? ! :5: tee' T•'• i rj�• : i,. �' - . : �• _;{3, •:.fir, t t. ~a"'r .Yt'i Iah sd dwriirn+,.+H P"Id Ter I.Rry AkDrw.A T i.. Mar- CIA Y.eir+r l.nw , neww� 214 4'Metl •,.',fir , �r.;t .M«++�-.,.. •-r_' ._ a:.. _ Y'' Councilman Smith stated that at the going rate for attorney fees, it would cost the City $124,800. per year for an attorney. Fortunate for the City, our City r Attorney has worked 10 hours a day. She said she was very sorry to see him go because he has more expertise in city government than any city attorney in the State of Montana. Mayor Happ echoed the feelings of Councilman Smith. She said it would be hard to fill his shoes. He has made the City a better place for his efforts. Councilman Smith moved to accept the resignation of City Attorney Donahue with regret. Seconded by Councilman Ruiz. Councilman O'Boyle stated that the City Attorney budget was $44,000. and not $54,134., as stated in a political ad. Motion carried. City Attorney Donahue was given a standing ovation, Councilman Smith moved to adjourn. Seconded by Councilman Grainger. Motion carried. Approved as presented December 7, 1981. Norma E, Happ, ayor ATTEST: Marj I ie Giermann, City Clerk 1