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02/06/84 City Council Minutes168. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, FEBRUARY 6, 1984, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. APPROVE MINUTES Councilman Schindler moved that the minutes of the regular meeting of January 16, 1984 be approved as ppesented. Seconded by Councilman Saverud. Motion carried. APPOINT COUNCILMAN WARD IT Councilman Palmer moved to appoint Patrick M. Springer as Councilman from Ward II. Seconded by Councilman Schindler. Unanimous approval by voice vote. OATH OF OFFICE Mayor McDowell administered the Oath of Office to Patrick M. Springer. PUBLIC HEARING - Amend Zoning Ordinance to include Planned Unit Development District (PUD) Mayor McDowell asked for proponents. No one responded. Mayor McDowell asked for opponents. No one responded. Councilman Saverud stated thatiit was a concept he endorsed, but since reading the pro- posed ordinance, has some concerns. It would seem there is a much simpler way than re- zoning. It seems that if we worked,it as a conditional use permit within the structure of the existing zone, .it would save a rezoning hearing. Also, it might be better to. use our own Board of Adjustment at the appropriate time rather than the Zoning Committee. As long as the ordinance saddles the..Building Official with the responsibility of en- forcing it, there does not seem to be a need for referring it back to Flathead Regional Development Office. If we react to these things now, it will simplify it later from an administrative point of view. The ordinance also states that within 30 days after the Zoning Commission hearing, they shall submit a recommendation. In the fairly recent past, the Commission has sometimes had a hard time obtaining a quorum and we might be better off saying 'within a resonab.le amount of time', rather than tying it down to a fairly short time period like 30 days. There are a number of not terribly significant things, but minor points that Councilman Saverud feels the Council as a whole should address before giving our approval. There is not anyone waiting to use this; so we should take time=to simplify and streamline. For these reasons, Councilman Saverud would speak against the first reading. In speaking with City Attorney Neier prior to this meeting, Neier agreed that it would be a good idea for the Council to meet and review the ordinance paragraph by para- graph. Neir stated that the ordinance was drafted by Flathead Regional Development Office at the request of the Annexation Committee. It was then reviewed by the Zoning commission. Revisions have been suggested by the Kalispell Chamber of Commerce. The Council has not actually sat down together and reviewed it and this. should really be done. Members of the Council, together with the FRDO Staff and Building Official should meet and discuss each portion of the ordinance so that if there are changes they can be put into the or- dinance now and not have to struggle with amendments later on. Councilman Saverud moved to refer back to Committee. Seconded by Councilman Nystul. Councilman Palmer stated that there has already been 3 meetings on the subject. This one should make it final. If any Councilman cannot attend,he should send written comments. Question called. Motion carried. Public Hearing declared closed. After changes are made, another Public Hearing will be advertised. Councilman Manning set March 1 at 4:00 P.M. for the meeting. ADDRESSING THE COUNCIL No one appeared to address the Council. COMMITTEE REPORTS SEWER & WATER Greenacres Sewer Line Extension Request Councilman Nystul reported that a probl6m developed concerning Greenacres sewer line extension and that the committee will meet with Director of Public Works Hammer, Water Superintendent Hughes and the developer and come back with a recommendation. If time is of the essence,he will call a Special Meeting. Hiring of Attorney for .Lawsuit on Wastewater Treatment Plant 169. Councilman Nystul reported that three large law firms in Montana were contacted re- garding their ability to assist in the WWTP lawsuits. They did not have any exper- ience and were not interested in assisting us. Tiro other firms were contacted.-- one from Colorado and one from Washington, D. C. Both firms have experience in this type of lawsuit. The firm of Lewis, Kominers & James,Washington, D. C. comes highly recommended. Mr. Gray Lewis, representing this firm, gave information to Mayor McDowell, City Attorney Neier; Director of Public Works Hammer and the committee regarding his firm and experience. Councilman Nystul moved that Mayor McDowell and City Attorney Neier be authorized to hire the firm of Lewis, Kominers & James to assist with WWTP litigation, subject to written approval by the E.P.A. to use the "contingency" item of the WWTP Construction Grant to fund the legal fees which will be a maximum of $100.00 per hour. Seconded by Councilman Ruiz. For the record, Councilman Palmer stated that City Attorney Neier, Attorney Sy Larrick and Attorney Norbert Donahue will be working in conjunction with the firm. Question called. Motion carried. Councilman Nystul reported that Thomas R. Flynn Associates has done a sewer and water study and reports a shortfall in both funds to generate Capita,lImprovement. It will bey necessary to send a notice to every user for a public hearing. July 1st has been set as the date to change the rate. This is the beginning of the new fiscal year and target date for billing on the new computer system. A proposed 12% raise will gener- ate $58,333.00 in the water fund and $64,695.00 in the sewer fund. Councilman Nystul moved that Thomas R. Flynn Associates be engaged to perform the necessary steps for the final study. Seconded by Councilman Saverud. Motion carried. RESOLUTION #3512 Councilman Nystul moved to adopt Resolution #3512, a resolution establishing Norwest Sank as the depository for a savings account for retainage for Morgen & Oswood Con- struction Company, who is-the.construction firm for E.P.A. Construction Grant Sludge Handling Improvements, and naming Marjorie Giermann, Clerk -Treasurer, as the author- ized signer for the City. Seconded by Councilman Schindler. Roll call vote. All voted aye. Councilman Nystul announced a communication from County Commissioner Oldenberg stating there would be a meeting at the office of the national Forest Service at .10:00 A. M. February 10th to discuss water nuality of Flathead- Lake. ANNEXATION Councilman Manning had no report. STREET & ALLEY Councilman Palmer reported a letter from the State Highway Department requesting our cooperation in bringing notice to the attention of interested persons concerning the improvements of the weigh scales west of town. Councilman Palmer reported that the Parking Commission is proposing the following changes in the Parking Ordinance which will need Council approval: 1) raise the $2 parking fines to $5; 2) change 2 hour parking from 7:00 A.M. to 6:00 P.M.; 3) change parking limit to 30 minutes on First Avenues East and West at spaces so desig- nated by the Parking Commission. These recommendations will be presented formally to the Council at the next meeting. Councilman Palmer reported that he has requested DPW Hammer to submit a written re- port on the request for a 12" encroachment on City property by the new Super-8 Motel for the placement of their sign. SAFETY Councilman Schindler moved that qualifications for new employees in the Fire Department and for promotions within the Fire Department include EMT certification and be effective at once. Seconded by Councilman Grainger. Motion carried. On request of Fire Chief Doty, Councilman Schindler moved that Donald Peterson be appointed to the position of Captain, dependent upon the following criteria: a one year probationary period, successful completion of and certification in the E.M.T. A program, successful national certification at Firefighter III level and Completion of State of Montana ten training courses. Seconded by Councilman Grainger. Motion carried. 170. R On request of Fire Chief Doty, Councilman Schindler moved that Richard Seddon be appointed to the position of Lieutenant within.the Fire Department,.dependent upon the following criteria: a one year probationary period, successful completion of and certification in the E.M.T.-A program, successful national certification at Firefighter III level and com- pletion of State of Montana ten training courses. Seconded::by Councilman Grainger. Motion carried. PARKS, AIRPORT, GOLF COURSE Councilman Nystul reported that he met with .the Airport Association and Project Engineer concerning the bids for reconstruction of airport runways.. Decision was to hire an appraiser to get a dollar figure on the value df the land which is to be sold to finance the reconstruction. After this is obtained, the commute will be able to make a de- cision on letting the bid. This should be within the 60 days allowed. CITY DEVELOPMENT Councilman Saverud reported that the Second Avenue West Professional Building is re-, quired to have 10 additional parking spaces. The regulations allow for money in lieu of spaces. The Parking Commission, Street and Alley and City Development Committees will follow up and have a recommendation at the next meeting for Council approval. Building Official Peterson reported that it is a fast track.job. They meet all laws and ordinances. They work out details as the building proceeds. Councilman Saverud reported that the UDAG was approved in the amount of 3.17 million. In addition to writing a letter of appreciation to Rep. Marlanee, we should write and thank all the Montana congressmen. City Development Director Gallagher thanked the Council and all who helped in obtaining the grant. Councilman Ruiz asked about the timetable on moving tenants from the proposed mall area. Mr. Gallagher replied that the grant is for a smaller amount than originally requested and this may affect the timetable,. He is not -sure -of the timetable.: EMPLOYMEi1TI` Councilman Grainger read a request from Fire Chief Doty to hire Roger Phillips as a fire- fighter for a one year probationary period. Councilman Grainger moved that Roger Phillips be.ihired:.as-,a-`firefighter for a one year probationary period. Seconded by Councilman Ruiz. Councilman Ruiz spoke against the motion because of certain inconsistencies in our hiring policy. Since this individual is an in-house candidate, Mr. Ruiz felt that probably the Employement Committee should be directed by the Council to set up some specific guidelines on hiring. We should determine what positions will be filled in-house, specifically what jobs will be advertised through the Job Service, and to the outside to people who are interested in city employment. We should be consistent with State Statute and consistent with our existing labor contracts we'have with our three labor organiza- tions. We.should have a solid base for hiring and for transferring in-house. Councilman'SChindler asked Fire Chief.Doty, "What is the current position of this new fireman -has he been hired, or where are we at?". Fire Chief Doty replied, "He will be on probation and a rotating fireman". Councilman Schindler asked, "Has there been a commitment made by you or the department?" Fire Chief Doty replied, "Other than he was told what was agreed on at the Safety Com- mittee meeting. Other than that, he was told he would have to wait until after tonight and see what the Council said'.?. Schindler, "Is he still on at the Police Department"? Doty, "Yes, he is". Councilman Springer stated that he would like to support what Councilman Ruiz said, but to add also that if the Council has the responsibility to consider what it is being asked to do, then I am pleased to hear Gene say there has riot been a formal commitment nor a termination of his present employment. If that had been done, the Council has no more than rubber stamped it. If that is the case,.f,I uld not move to table it. I would at least abstain from voting.} Because of the reasons stated by Louis, that before anything is done in this particular matter, a consistent policy be adopted by this -:Council. Councilman Schindler stated that this has been a thorn in his side ever since the meeting, because he does not agree with the policy of strictly in-house. "I think it is not fair to the general public and I think that we need to sit down and discuss all these issues, pro; --:and con and go with the majority on a recommendation and adopt a policy to go by in the future." 171. Councilman Grainger asked if he should withdraw the motion. He said, "Are we voting to deny? Are we denying this individual in-house hiring? Are we saying 'let's review it and come back with it'?" Councilman Schindler replied, "I don't think we should vote for the individual or against the individual. We need to discuss policy". Mayor MGDowell stated that if they voted on the motion, they are voting on the individual. The second and the motion- !should be withdrawn, and you should adopt:a hiring policy. Councilman Ruiz asked that the request be read again. The request stated, "I respect- fully request the employment of Roger Phillips as a probationary firefighter, on a one year probationary period. Grainger said, "We are indeed voting on an individual, but at the same time (a re�you precluding him from further consideration?" Schindler said "No". More discussion on whether or not to vote. City Attorney Neier stated, "I don't think any prejudice is attached by voting on this. You are questioning the policy by rejecting this particular applicant. You are not prohibiting him from applying and being considered again, and so there is no prejudice by this rejection. He is not being voted down with prejudice,but it is just that you are just questioning the policy that was used. I would say that you could vote on this motion. Councilman Palmer stated he -would speak in favor of withdrawal: If this vote went against him, that is not the point of this thing. Councilman Ruiz withdrew his second. Councilman Grainger withdrew the motion. Fire Chief Doty asked how he was supposed to operate if this takes four or five months to draw a policy. He is already operating two men short, as one is in the hospital. Councilman Springer stated that the concern is for the applicant. Councilman Schindler stated that he would be willing to meet at any time to work on policy - even tonight or tomorrow. Councilman Ruiz stated that in the past this position was advertised. For some reason it was only advertised in-house. Fire Chief Doty replied that Roger Bowman was hired from the Water Department. The .last few men to be hired came through the CETA program and the department was forced to hire them. Councilman Ruiz stated he felt the job should be advertised. Someone along the line chose not to do this and all it has done is delay the process. Councilman Grainger asked if it would upset the Council to authorize Gene to advertise both in-house and publicly. Councilman Grainger moved to authorize the Fire Chief_to-advertise the position both in-house and externally through the Job Service. Seconded by Councilman Schindler. Motion carried. Councilman Ruiz moved Mayor authorize Employment Committee to meet w7:th department heads to instruct on hiring policy. Seconded by Councilman Saverud. Motion carried. FINANCE ORDINANCE #1039 Councilman Ruiz moved first reading of Ordinance #1039 an ordinance fixing the .limits of the salary and compensation of the City Officials and Employees beginning July 1, 1983. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Ruiz moved to authorize the Clerk -Treasurer to call for bids for legal ad- vertising. Seconded by Councilman Nystul. Motion carried. There will be a Finance Committee meeting at 4:00 P. M. Tuesday, March 14th. Councilman Ruiz reported that the Finance Committee reviewed January claims and moved that all claims found to be in order be paid. Seconded by Councilman Grainger. Motion carried. MISCELLANEOUS Councilman Palmer moved that Joan Jellison be reappointed to the Police Commission to serve until May 1985 and Dan Korn be reappointed to the Police Commission to serve until May 1986. Seconded by Councilman Saverud. Motion carried. 172. LICENSE & PERMIT,BQNDS John J. Vincent dba Vincent Plumbing Plumber Continuation Certificate Bobby G. Brown Plumber Continuation Certificate George L. Thompson Plumber Continuation Certificate David Landt Pawnbroker Bond Lyford Plumbing & Heating Plumber Continuation Certificate Karl L. Lambson dba Lambson Plumbing Plumber, Continuation Certificate Norbert Charbaneau dba Ace Plumbing & Heating Plumber Continuation Certificate Darwin C. Mitchell dba Mitchell Electric Company Electrician Bond Councilman Grainger moved that all License and Permit Bonds reviewed by City Attorney Neier be accepted. Seconded by Councilman Saverud. Motion carried. Councilman Grainger moved to adjourn. Seconded by Councilman Palmer. Carried. Meeting adjourned at 8:50 P. M. Approved as corrected February 21, 1984. ATTEST: Marjori Giermann,'City Clerk -Treasurer i or 1 f