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11/01/82 City Council Minutes4-18 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P,M. MONDAY, NOVEMBER 1, 1982 IN THE COUNCIL CHAMBERS AT CITY HALL, MAYOR McDOWELL PRESIDED, COUNCILMAN VIDAL EXCUSED TO ATTEND ANOTHER MEETING. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved the minutes of the Regular Meeting of October 4, 1982 be approved as presented.. Seconded by Councilman Grainger. Motion carried, Councilman Nystul moved the minutes of the Regular Meeting of October 18, 1982 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING - Amend Zoning Ordinance to show Colleges and Universities in various zones. Councilman Palmer reported that the Kalispell City Zoning Commission has recommended that the Official Zoning Ordinance of the City of Kalispell be amended to show "Colleges and Universities, public and private", as a conditional use in the following zones: SAG-1, R-1, R-2, R-3, R-4, R-5, RA-1, RA-2, RA-3 and P,U-.D. Mayor McDowell asked for proponents. There were none, Mayor McDowell asked for opponents, There were none, Councilman Palmer moved to direct City Attorney Neier to draft an amendment to the Zoning Ordinance to show "Colleges and Univer§ities, public and private" in the aforementioned zones. Seconded by Councilman Nystul. Motion carried, ADDRESSING THE COUNCIL Mayor McDowell asked three times for anyone wishing to address the Council, No one appeared. COMMITTEE REPORTS FINANCE Councilman Nystul reported that the Finance Committee met today and reviewed claims and moved that all claims found in order be approved for payment, Seconded by Councilman Ruiz. Carried. Councilman Nystul reported that the Mayor, City Attorney, Director of Public Works and Ron Pack met to discuss a claim by Pack & Company against S.I,D. #328, and asked if the Council wished to take some kind of action. Councilman Ruiz stated that the claim has been turned down previously, City Attorney Neier stated the reasons for non-payment as: 1) claim is for a change order which was not approved by the engineers; 2) claim was not submitted and is now out -dated by law; 3) there is no money in the S.T,D, #328 fund, Councilman Ruiz recommended that we do not reply_ Tt is a moot question. Councilman Nystul reported that the Annual Financial Report is over 70 pages, is now complete and has been sent to the Department of Administration in Helena. The utility reports for sewer and water have been sent to.the Public Service Commission, A copy was sent to Kreg Jones, D. A. Davidson, to assist with their decision on buying sewer bonds, Report. -shows $107,000.owing the Sewer Capital Improvement Fund for the Big "A"' purchase. Report also shows the_epe-rating fund owing approximately $100,000 for past and present matching funds on:the EPA projects, EMPLOYMENT Councilman Zauner announced: a closed session on employment with the labor negotiator after the regular meeting tonight. ANNEXATION ORDINANCE #1019 Councilman Palmer moved first reading to enact Ordinance #1019, an ordinance to amend permitted uses of Section 7,24(c), Kalispell City Zoning Ordinance that "Small Animal Clinic" be included in Appendix B, as conforming in a C-3 zone, Seconded by Councilman Saverud. Roll call vote. All voted aye. ORDINANCE #1020 Councilman Palmer moved first reading to enact Ordinance #1020, an ordinance defining "Small Animal Clinic" and excluding 'Boarding Kennel". Seconded by Councilman Zauner. Roll call vote. All voted aye, Councilman Palmer reported a problem with the Idaho Forest Industries Annexation concerning ownership. After petition was filed requesting annexation, the property was sold'.to.the Assembly of God church. Councilman Palmer moved1that City Attorney Neier draft a letter to Idaho Forest Industries and to the Assembly of God Church. Seconded by Councilman Nystul. 4_. Councilman Ruiz stated that if the ownership has changed and we annex 4nd it comes in as church property, we have annexed tax free property. Also, it could be sold again and a third party is involved, Councilman O'Boyle stated that when it goes back to the City -County Planning Board, the State Highway would like more radius at the intersection of Pour Mile Drive and Highway 93. Councilman Palmer stated that after we receive more information, it will go back to Committee. Question called. Motion carried, Councilman Palmer announced that due to a lack of business, the regular meeting of the City-County,Planning Board will consist of a work session on PUD. The Council is in- vited to attend. STREET & ALLEY On recommendation of the Director of Public Works, Councilman O�Boyle moved to accept the bid of Big Montana Concrete Company to construct.sidewalks and curbs in the amount of $6,242.70 and effective until July 1, 1993, Seconded by Councilman Nystul. Motion carried. CITY DEVELOPMENT Discussion relative to doorways between store on the.east side of Main Street. Two more requests for fire doors have been received and.Building Official Petersen has re- fused on the grounds that the UBC does not allow, unless there is a fire foot separation of buildings. City Attorney Neier has drafted an emergency ordinance that will allow the fire doors that are already constructed and.allow the two new ones, ORDINANCE #1021 Councilman Saverud moved to enact Emergency Ordinance #1021, an ordinance to amend the UBC as adopted by the City to -allow fire doors between connecting buildings in the re- development area. Seconded by Councilman Nystul. Councilman Ruiz asked .why this amendment will cover only the redevelopment area. Council" man Saverud explained that Ordinance #933, which defines the redevelopment area gives broader powers and this also is the only area where buildings connect. The idea for the amendment is based on the way Spokane handled the same problem of fare doors and skywalks. City Attorney Neier explained that both International Conference of Building Officials and the.State Building Code Department were asked for an opinion and each agreed that the doors do not meet building cede requirements. The Council should be aware that by adopting the ordinance to.amend the building code, there could be a liability in case of fire from an adjoining property owner, a third party who might be injured, mortgage holders or an insurance company. Councilman O'Boyle asked if the doors were not considered,exits. City Attorney Neier replied they were not exits, The doors are smoke and heat activated and will automati- cally close rather than serve as an exit. Fire Chief Doty stated that each building must maintain two exits and these doors are not exits. Doty also stated that the con- struction of these doors do not constitute as much fire hazard as the buildings them- selves. The buildings.:.were constructed in about 1890 and the second stories are wood and the basements are not fireproof either, The entire block is tied together with no fire walls in the second story or basement. Question called. Roll call vote. All voted aye. Emergency Ordinance #1021 enacted. SAFETY Councilman Grainger reported that the Safety Committee, with power to act, accepted the bid of Tannehill Auto Company for two police cars on the basis of heavier cars and police packages with two trade,ins for a total price of $17,638.00. SEWER 4 WATER Jay Miller, who lives several houses outside the city limits on Two Mile Drive, has a serious sewer problem. The drain field from his septic tank is plugged and his septic tank has to be pumped about every four days at a cost of about.$80,00 for each pumping. The County Sanitation Department will not issue him a permit for a new drain field be- cause the area is too small to meet their specifications. Director of Public Works Hafferman recommended that he be allowed to sign a waiver of Tight to protest annexation, post a bond which would be forfeited in case he does not complete annexation and allow him to connect to city sewer line, which is close by. Councilman O'Boyle stated that if there are neighbors between him and the city limits, they may have the same problem at some point, A good idea would be to consult with other property owners in the area and annex in a package, The City does not want to annex small areas not adjacent to the city limits, NOVEMBER 15, 1982 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, MAYOR McDOWELL PRESIDED. COUNCILMAN GRAINGER GIVEN PER- MISSION TO ATTEND ANOTHER MEETING. COUNCILMAN O'BOYLE ABSENT BECAUSE OF ILLNESS. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Palmer moved to approve the minutes of the Regular Meeting of November 1, 1982 as presented. Seconded by Councilman Zauner. Motion carried. Councilman Palmer moved to approve the minutes of the Special Meeting of November 4, 1982 as presented. Seconded by Councilman Saverud. Motion carried. CITY OFFICIAL REPORTS City Treasurer for September. City Judge for October. Police Chief for October Fire Department for Third Quarter. Councilman Saverud moved to accept the City Official reports. Seconded by Councilman Vidal. Carried. OPEN BIDS - Conduit and Installation for Special Lighting District #1. Harp Line Constructors Bid Bond A-2420 $30,311.00 Councilman Nystul.moved to refer to the Finance Committee with power to act. Seconded by Councilman Zauner. Motion carried. OPEN BIDS —Provide and Install Historical, Decorative Luminaiors for Special Lighting District #1 Harp Line Constructors Bid Bond A-2420 Installation of controls and wiring $20,412.00 Alternate A - 42 Cast Iron Luminaires $94,038.00 Alternate B - 42 Cast Aluminum Luminaires $74,424.00 C. Powell Electric Bid Bond A-3640 Installation of controls and wiring $10,399.00 Alternate A - 42 Cast Iron Luminaires $84,202.00 -- Alternate B - 42 Cast Aluminum Luminaires $77,662.20 Councilman Saverud moved to refer the bids to -::the Finance Committee to report back at the next meeting. Seconded by Councilman Palmer. Carried. ADDRESSING THE COUNCIL Norbert F. Donahue addressed the Council concerning the article in the Missoulian which stated that some cities were not including motor vehicle fees in their anticipated revenue. and raising the mill levy. Motor vehicle taxes used to be part of the total taxable value of cities, but since the inception last year,of the $20.00 license fee system, the taxable value of a city no longer included motor vehicle taxable values. Instead, during budget preparations, the city is supposed to estimate the motor vehicle fees they will receive. Several cities did not estimate their fees, but they also raised their levy to compensate for losing the taxable value of motor vehicles, thus creating a windfall for themselves when they start receiving the fees. Mr. Donahue investigated our anticipated revenue and also the County's and found we had anticipated our revenues correctly. Mr. Donahue also discussed the attack by the Chamber of Commerce on the Countywride,,Area Board. As formeer. City Attorney, Mr, Donahue had helped draft the original CAB agreement, along with the Mayors of the 3 cities and the Commissioners, and felt that the CAB is necessary and -workable. The attack is a disservice to the Cities and County. One reason for the attack may be that the Mayors and Commissioners have allowed the Board to get out of hand in its functions. It is a central financing agency and governing body of the technical staff, not a planning or zoning body. Flathead County is using the body as the administrator of county zoning and County Lakeshore protection regulations, The cities _ are financing county work. The County should hire their own zoning person to administrate their own functions. It would be the same thing if our building official was paid by the County. The Mayors should instruct the CAB to cease. Mr. Donahue questioned why this meeting was not listed in the Daily Inter Lake, for to- nite, nor was the agenda. Attorney Dave Astle, representing the Kalispell Police Protective Association, addressed the Council concerning wage negotiations. Mr. Astle thanked the Mayor and Council for the opportunity to address them concerning a report he had submitted to them last Friday and hoped they had a chance to review it. Basically, Mr, Astle stated that what he was here for was to represent the iPA; who has been meeting on wage negotiations during June, July, August, September and October. They have been getting nowhere because they have been told that the City is holding the lane for the reason that they were told that there was no money. In that light, we asked the City for all the financial records available- 42.E this was slow, but we did receive it. We presented the records to a financial con, sultant? whose background and qualifications are in the report. His years of exper- ience are there, he is highly qualified and his report is here. I am not going to read that. I simply want to point out that while it is admirable to hold the line on these expenditures, and good when it comes to election time, but realities are still there. We were told there is no money, If there is not, then there is no place to go. We would say "fine, we see your position", but that isn't the case. The report that comes back to us shows that the City has a balance of over $700,000.00 of surplus money, which was not included in the beginning year balances and which exists today. What we wanted to point out is that fighting crime in our community is of the highest priority. Citizens are demanding, you can see who won at the election because of it. For the City to take the position that we are going to freeze wages and underpay our law enforcement, and put them in that postition where they are the lowest paid in the city, which includes garbage truck drivers, city laborers, as well as the Flathead County Sheriff's department, grader operators, it seems we are missing the boat from the sense that in one instance we are telling the voters that we are dedicated to fighting crime, but we are willing to pay our law enforcement the bare minimum. I can see that -- if it being the case of having no money --but that isn't the case. When I took this job on, I looked into the background of what had historically been the case with the city and police force and it stands that every time that wage negotiations start with the city employees, it ends with that. The only way that battle is resolved is that unfair labor practice after unfair labor practice is filed, and then a wage in- crease is granted. I don't think that is the way it should go. I think if you people could meet and lay all your cards on the table, you could reasonably reach something that is agreeable to all parties. In talking with Mr. Johns, he agreed with me that historically that was the only way that the Council would listen -was by filing unfair labor practices, I guess we could go through and find several and file them and go from there. I felt that this was better: that we would have an audit. If the money is available, we would bring this to the City Council as a whole, get it out into the open so that the air is cleared, rather than have this wage battle. I don't expect Council members, as pointed out by Mr. Weiss, to be financial wizards and I am not myself, otherwise, I would have done the audit myself. On the other hand, we do rely on your financial people to bring us information and this is what we have done with the information. From this we find, as brought out in the report, a surplus in excess of $700,000.00. From that, what the city police are asking amounts to only 6%, or $52,000.00 total. We felt that was well within reason. Even with that, it doesn't bring our officers up to par with others in the community. I know it is admirable to hold the line, but on the other hand, when you are working for a wage, as these officers are, prices go up whether we like it or not. Businesses absorb this by raising their prices and passing it on to the consumer. So, in effect, by holding the line, what you do, in effect, is give a decrease. That is unfair. But I thought the Council ought to have the opportunity to read the report that was sub- mitted by Milton Weiss. I might point out that there were a lot of interesting discoveries made by Mr, Weiss'in all areas of the County budget; some of which pertain to us, some of which don't, I would be more than happy to sit down at any time with the financial people of the city and go over the full report, because there are certain discrepancies that I think the Mayor and Council ought to know about. The discrepancies were discovered by Mr. Weiss when going through all the financial information supplied by the city for the years 179 through 182. But what was most important to us was the fact that there was a surplus, and 1-hope that this is taken into consideration by the Council so the in- formation can get back to Dan (Johns) from your people so that a decision can be made. Another reason for me being here, rather than with Mr. Johns, is --that it was told to us from the outset that he had no authority, anyway. He, himself, told us that --that he could not make a decision --and I suggested that I talk to all of you and that is the reason that I am here; that he would have to bring it back to you. I told Dan that I would more than likely approach the Council after the audit was done so that all of the information was available to you. If there are any questions, I would be more than happy to answer. Mayor McDowell stated that the report came in on Friday, most of the Council members received them today and have not had a chance to review the report, and what he was going to do is to refer the report to the Finance and Employment Committees, - Mayor McDowell asked that wage negotiator Dan Johns be given a copy of the report, un- less he already has one. Attorney Astle replied that Dan is in Chicago and will be back later this week. He will have one when he gets back. If the Council desires, he would try to get his address in Chicago and send one to him. He added that he did not know if Dan had a report, but he had talked to him and had been told he would not be available until sometime next week. Mayor McDowell thanked Mr. Astle and repeated that he would refer the report to the Finance and Employment Committees, 426 Larry Blumer addressed the Council concerning the bus terminal he built and owns south orb' H;igliwajn r H ril ed pe ;m> Ssign tQ place signs directing persons to the terminal on existing sign posts in several areas, such as Airport Road and Highway #93 intersection and 18th Street and Highway #93. Councilman Palmer moved that the request be refer -red -to the Street $ Alley Committee and Police Chief Stefanic to investigate the exact places and make a recommendation. Seconded by Councilman Vidal. Carried. COMMITTEE REPORTS EMPLOYMENT Councilman Zauner had no report. ANNEXATION ORDINANCE #1019 Councilman Palmer moved second reading of Ordinance #1019, an ordinance to amend Section 7.24(c) C--3, Appendix B, Part IT, Kalispell. City Code (Ordinance No. 961); to authorize as a permitted use "Small Animal Clinics" and to provide an effective date. Seconded by Councilman Saverud.. Roll call vote. All voted aye. ORDINANCE #lQ20 Councilman Palmer moved second reading of Ordinance #1020, an ordinance to amend Section 2.01, Appendix.B, Kalispell City Code,(Ordinance No. 885); to include therein a defini- tion of "Small Animal Clinics" and to provide an effective date, Seconded by Councilman Zauner. Roll call vote. All voted aye. RESOLUTION #3447 Councilman Palmer moved to adopt Resolution #3447, a resolution to annex Dry Bridge Park.into the City as P-1 Zone and to set a date for:a public hearing thereon, Seconded by Councilman Vidal, Roll call vote. All voted aye, ORDINANCE #1022 Councilman Palmer moved first reading of Ordinance #1022, an ordinance to amend Table 3 of the Zoning,Ordinance to 'show "Colleges and Univesities, public and private", as a conditional use in the following zones: SAG -'I, R-1, R-2, R-3, R-4, R-S, RA-1, RA-2, RA-3 and P.U.D. Seconded by Councilman Nystul. Roll call vote. All voted aye. Councilman Palmer set 4:00 P.M. Friday, November 19th, for an Annexation Committee meeting. PARKS Councilman Vidal reported that at the Special Meeting held on November 4th, two bids were submitted and opened. on Dry Bridge Park Project; M-ElroyOilken submitted a bid of $19,900.00 and LHC's bid was $11,931.25. The bids were referred to the Parks Com- mittee with power to act. The Committee met immediately after, discussed the bids with Dennis Carver, P. E., who stated that the engineer��s estimate was under $20,000.00. The Committee voted to award the bid'to LHC, low bidder. Councilman Vidal set 3:30 P.M. Friday, November 19th for a Parks Committee. CITY DEVELOPMENT Councilman Saverud had no report. SEWER 4 WATER Councilman Ruiz reported that the Sewer $ Water Committee met at 4:00 P,M, Wednesday, November 3rd, with five members of the Council present, The committee considered the request of Jay G. Miller,.who lives on Two Mile Drive, outside the city limits, for sewer service. His drain field is plugged, his septic tank `is pumped every few days and he does not have enough area to build a new drain field to County Sanitary speci- fications. Councilman Ruiz moved that the City extend sewer,service to Mr. Miller on condition that he sign a Waiver of Protest to Annexation and post a $300 cash bond to guarantee that he will continue with annexation procedures, Seconded by Councilman Saverud. Carried. FINANCE Councilman Nystul reported that the Finance Committee met at 4:00 P.M. Friday, November 11th, to discuss the Repurchase Agreement -,for investing daily funds, which expires on December 15th. Councilman Nystul moved that a Repurchase Agreement for in- vesting daily funds be made with First Northwestern National Bank at the guaranteed rate of 9.375%. Seconded by Councilman Palmer. Motion carried. Councilman Nystul reported that the City Attorney and City Clerk have received a pro- posal from Book Publishing Company,.Seattle, for reprinting and updating the City Code Book and providing new binders at a considerable amount under the budgeted figure. I F" I 2 a Councilman Nystul reported that Parking Commission Chairman, Gordon Pirrie, received favorable response from local financial institutions on the sale of bonds for the Special Lighting District #1 and moved that the Mayor and City Clerk -Treasurer be authorized to perform the necessary clerical work for the proposal. Seconded by Council- man Saverud. Motion carried. MISCELLANEOUS Mayor McDowell asked permission to go to Texas from November 23rd through November 30th. Councilman Saverud moved that permission be granted. Seconded by Councilman Zauner. Carried. Councilman Saverud asked permission to be out of state from November 19th through the 27th. Councilman Zauner moved that permission be granted. Seconded by C o uncil- .man Palmer. Carried. Councilman Ruiz stated that this was not miscellaneous anymore, but he was under the impression that we were not hearing wage proposals at a public open Council meeting. Councilman Ruiz stated that since the KPA decided to negotiate publicly with this body, that he would like to ask Mr, Burns, Negotiating Chairman, since he has cast a certain amount of credibility on this council in terms of saying that we have a $700,000.00 surplus, and if we do have this surplus, you want'some of that money. Since you want to negotiate in public, if we do not have $700,000.00 surplus money, or whatever you seem to think we have, are you willing to accept the last proposal made to you? Burns replied that he only knows of one proposal and that was made by Mayor McDowell before negotiations :started, and that was for a wage freeze. Since then the City has not budged at all. As far as our attorney addressing the Council tonight, he did not address the -Council with the intention of negotiating. The reason he addressed the Council was because the Council has been insisting that they had no money for any employees ---raise. Our auditor's report shows a substantial amount of money, the exact figure being $768,000 and some odd dollars. That is just the General Fund, we are not talking about any other fund. Councilman Ruiz asked if what they are saying is that'we have sbxe'$758;'000'cash sur- plus. Mr. Burns replied that their accountant, in his audit based on records that the city gave them, and I can list them if you wish, Councilman Ruiz replied that he is only asking, if that money is not there, are you willing to accept the wage freeze? Mr. Astle stated that he might be able to answer the question. If that money is not there, either we have been misled, or there is additional information that you are not giving us. If there is additional information that you are not giving us, or if we are being misled, then we would like to ask why. We asked for all the information available so that we could perform an audit, no differently than if you were to hire someone to perform an audit, From that information, we were told by a person with incredible credentials that there is a $7bg ,000.00 surplus. Now, if that is not true, we would like to know why, where it is, and why we were not given the correct informa- tion. Again Councilman Ruiz asked, "Why could we not have gone through proper negotiation?" Mr. Astle replied, 'Because we were told by the negotiator that there was absolutely no money. The negotiator, himself, suggested through our Police Department that they ought to have their own independent audit done and make that known to -the City Coun- cil. That is just exactly what we did". Councilman Rd' iz asked why was not that information brought back to our negotiator. Mr. Astle replied that was because we were told as late as a week ago that there was absolutely no money. That is why. Mr. Burns stated that he might add that at the last round of negotiations, Mr. Johns asked why they did not give their complete information to the Council and try to clarify or resolve it. We were perfectly willing to do that at a Special Meeting or something, but he came back to us and said the Council did not want to talk to us. Attorney Astle stated that we asked Mr. Johns if we could meet with the Council on a special wage negotiation type situation and if they would be willing to do that. Mr. John's answered, "No, no, if you want to talk to them, talk to them at a public meeting," All of this we have attempted to do. Dan said the Council did not wish to speak to them, so if you want to come before them at a public meeting, then do it. Councilman Ruiz asked, "You will still be willing to take the freeze if we do not have the money?" Mr. Astle replied, "Well, here is the thing, Councilman Ruiz, when you supply us with information that shows you have the money, and then say, 'I will tell you what, if we don't have the money, will you drop it?', we would perhaps again like to do an audit. We found the money with all the information you gave us." mr, Astle continued by saying that if Mr. Ruiz is saying we do not have the money, then maybe all the information was not made available. If you really believe that the money isn't there, or that you will use it somewhere else, or you have more information, we cer- tainly would like to know about it. That's all, That is what negotiations are all--. 2 about, All the cards should be on the table and we should know what you are talking about. We have no problem with that. That is why we asked for all the information and it took us quite awhile. It was given to us piecemeal. The State Law states that you have to have it done by July 30th and this town has never complied with that - at least not withlnarecent years. We asked if there was anything else and you said "No, you have it all --it is all there", and this is what it shows, If there is some- thing else, show us. I just don't think it should be a battle. I think it should be sitting down and seeing what is available and the cards open to all. City government should be like that. Councilman Ruiz repeated that the thing he was getting at was that if you think we have $700,000.00, this information should have been given to the negotiator to bring back to us. Attorney Astle replied that that was his choice, not ours. He suggested that if there was going to be a wage freeze that we conduct'an audit. We did, and then suggested that we talk to all the Council in a wage type negotiation - we were denied that - and this is why we are here. You are saying we are doing something out of the ordinary -'we are saying we tried all these channels first. Mayor McDowell :!.repeated that the issue would be referred to the Finance and Employment Committees. Councilman Saverud'moved to adjourn at 8:20 P. M. Motion carried. . Approved as presented Decmebex 6, 1982 ATTEST: Marjori Giormann, City Clerk Seconded by Councilman Zauner. I I