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11/05/84 City Council Minutes�58. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, NOVEMBER 5, 1984 IN THE COUNCIL CHAMBERS AT CITY HALL.., MAYOR MCDOWELL PRESIDED. ALL' COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved that the minutes of the regular meeting of October 15, 1984 and the minutes of the special meeting 'of October 29,.1984 be approved as presented. Seconded by Councilman Schindler. Motion carried. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one re- sponded. COMMITTEE REPORTS STREET & ALLEY Councilman Palmer explained the recommendati©n of the committee t6 change garbage pickup to a sidarmcloader. A report from Finance Director Swanson shows that cash on hand in the garbage fund and anticipated revenue will be enough to operate the depart- ment and $190,000.00 for the purchase of a sidearm loader. Recommendation is to change one-half of the city to the sidearm loader at this time. Councilman Palmer moved to change garbage pickup on the west side of town to a sidearm loader and that the committee have power to act on the bids. Seconded by Councilman Nystul. Motion carried. Councilman Palmer moved to authorize DPW Hammer to call for bids for a 12 yard dump truck. Seconded by Couricilman,Schindler. Motion carried. Councilman Ruiz stated that he wished to correct an error in The Daily Inter Lake which stated that the sidearm loader would be purchased at no cost to the taxpayers. The state- ment was that there would be no additional cost, no bonds and no raise in garbage charge. SAFETY Councilman Schindler had no report. PARKS On recommendation of the committee, Councilman Springer moved to give the Parks Com- mittee power to act on the pool project providing the bond issue passes. Seconded by Councilman Palmer. Motion carried. The Golf Course lease and the tree ordinance will be discussed at the 4:00 P. M. meet- ing on the 7th and reported at the next council meeting. Ballparks: On recommendation of the committee, Councilman Springer moved to authorize DPW Hammer and Park Superintendent Drent to prepare a confidential in --house report of expenditures for a proposed ballpark complex and appraisal of. Griffin Field so the Council can decide whether or riot to proceed. Seconded by Councilman Schindler. Councilman Springer stated that it is also the recommendation of the committee that DPW Hammer and Supt. Drent advertise formally for other suitable sites. Present site being considered is south on Airport Road and is a 20,acre portion of South Meadows. Council - mart Springer recommended that two or more appraisals of Griffin Field be solicited. Motion carried. CITY DEVELOPMENT Councilman Saverud had no report. EMPLOYMENT Councilman Grainger had no report. FINANCE ORDINANCE 41048 Councilman Ruiz moved first reading of Ordinance #1048 an ordinance setting salaries of Elected Officials, Supervisors and City Employees for the fiscal year 1984-85. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Ruiz moved that all October claims found to be in order be paid. Seconded by Councilman Schindler. Motion carried. SEWER & WATER Councilman Nystul stated that he wished to take exception to a statement iir,.the candidate section of the newspaper where one candidate stated that Kalispell was the major contri- butor to pollution of Flathead Lake. 259. ANNEXATION RESOLUTION 4354q Councilman Manning moved to adopt Resolution #354q a resolution; adopting recom- mended amendments to the Kalispell Land Use Plan in Meridian Addition. Seconded by Councilman Schindler. Discussion on changing non -conforming uses for the area, rather than Land use change. Councilman Saverud stated that this is the first time we have considered a land use plan change.under the new concept of blob areas, rather than metes and bounds. Question called. Councilmen Ruiz and Manning voted aye. All other councilmen voted nay. Resolution defeated. Councilman Manning stated that he thinks it is the duty of the Council to address Meridian Addition zoning. There should be a solution or compromise of some kind and the Council should meet again as a committee of the whole to try and resolve the question. Councilman Ruiz stated that we are acting on a recommendation from FRDO. It is not our job to come up with a solution. They are paid professional people and we should refer the problem back to them to come up with some other plan. Councilman Grainger stated he did riot like splitting the area as proposed and does not like zoning to fit each need. He would be more receptive to splitting at a street or alley. Councilman Ruiz stated -that he would like the issue sent back to FRDO, the re- quired 12 criteria on zoning addressed, reviewed by City Attorney Neier and the Annexation Committee and then presented to the Council. The Annexation Committee will meet a-5a committee of the whole immediately after adjournment. ORDINANCE #1047 Councilman Manning moved second reading of Ordinance #1047 an ordinance to extend the city limits to include Monk Addition #168. Seconded by Councilman Ruiz. Roll call vote. All voted aye. RESOLUTION #35hrO Councilman Manning moved to adopt Resolution #35�0 a resolution to approve the preliminary plat for Hawthorn west Subdivision of Lot 6, Porta Villa Addition #3. Seconded by Councilman Palmer. Roll call vote. All voted aye. The developer of Hawthorn West, Gasmen Meadows, has requested a building permit for the foundation only. The committee recommends,: -and Councilman Manning moved, that the request be granted and Building official Petersen be authorized to issue same. Seconded by Councilman Nystul. Motion carried. MISCELLANEOUS LETTER OF RETIREMENT - CITY CLERK/TREASURER 1-1 1 1 Mayor LeRoy McDowell accepted the.Cit.y Clerks s resignatibn "with regret. She has been one of the most I oyal and'dediaated p.eople'to work for the City of Kalispell", he said. "A replacement will be. hard to come up with Councilman Nystul explained that $2,000.00 has been budget for lobbying and:'while Alec Hansen is doing a good .job for ene'League of C+kiies and Towns, the League represents all :cities and towns, whereas the Urban Coalition represents only the larger cities and;can do a better job ,for us. Councilman Nystul moved the City join the Urban Coalition. Seconded by Councilman Schindler. Councilman:,Riiz-:spoke against the motion. He -stated that we pay the League of Cities and Towns $2,600.00 per year. Dues are paid by population and big cities get their share. The two organizations have the same goal. There is_.possi- bility of a conflict and . it is not in our best. interest..,' Wi. should belong to.' arie Councilman Sc i dlsr.; stated. Kalispell would -be at'. the: q.am�ll end- ©f. the scale= t' not. as .gxand;.ose as; Large cities . Councilman Nystul listed the 8`+plans.o.f• the Coalir3_ori: ozne: re - the same as the Le qua. Question ca;lled.;; Councilmen _Nystul and Saverud srate�:; aye, ail: others r-yay, defeated Councilman Rua a��Zdat the 2, 000 00..be transfe,r.red ,� nxo :ravel _for,. the Mayor,' ity::�:ttor'nyr C4d]c?s Icibbying ' .�al�1,P.iJT�R.•FAI�JJi�r ' ■M4y6,rM6Dowe-ll�-xegoed ;tYae' fallowing- letter from Sig-Sky.DatafSystems V t �"A4 ^['r�.x..a� F't`L , I wpe•Ju S .Y z _ i• - ,. ip' Ts".y- z- ` �r a ' sf � "��3_F 17_ e-,, 0 $-.,.lite44201GidldAV$AI -b! sky�* I11gS} Ol ��"Di kiia 59102 IRE October, 24, 1.984 Leroy E. McDowell City of _Kal-ispell P. 0. Box .231 Kalispell, MT 59901 Dear Mr McDowell: First let me express my .sYmPIthy for the unfortunate sequence of events yourhhas attitudeeandlen determeination,to get computeroperation. osystemonback applaud y o . up and running. I feel I need to clarify BSDS's position in regards to this. The compute) system is made up of three components, the computer hardware, BSDS software products, and third party products. AWS (Alpha Micro Operaring System) and SV (Super Vue) . are third party software product:5. The city currently has a hardware maintenance contract for maintaining the computer hardware in good working order.. The - city has a PMS (program Maintenance Service) agreement with. BSDS to correct verir.Led defects in BSDS's software. The third intesarty software products are not currently under any nce agreements. BSDS installed AMOS and SV as delivered from those third panties,. The city is well beyond the 90 day warrantee on these products. The particular NIOS backup program, which was partially responsible for the debacle at the city, worked at all. locations but yours. That identical program works perfectly at many other installations. It was the combination of.peculiar. circumstances at the city which caused the failure. Kalispell happens to be the only BSDS installation with a 70MB disk drive. This was the only device on which the program bug occurred. Additionally r certain portions of the disk did back up correctly while other - portions did not. of course Murphy dictated that your data was on the portion of the disk that did not backup. Also, when BSDS a'« '3.i,E.'�',,rr'�`'tvsu :�'a ..-r:..-.:.�+-imr-,:,m�_k.l.ww.�ih.., ,:u,tLY.=: . -..:a , ,. .,,., . _ e:,.-.�. ..•r -._ ., .. -, _�. ...... ._ .,,. „ .. ., -.i , . ip Lsk 1; ay cad is r4,"R. 01 iv�,�.rtyy�y�.y7 ot sk �i i JJ j Al i�LV�4 5Y/yam 11. Y �i-,-I h + ] �,1A4PI. 4..� fq _r-1 J ' _ y,� , h ;� � - 1 w L ^ bF' ><R"j' is 'ti i .• � k „' } -r r r '� l �•- "1 v �z LAIL personnel tested the backup program,: they tested it on the area which did backup correctly! The point to address now is, what steps can be taken to attempt to insure against this type of situation from- -occurring again.. 1. BSDS wili . provide 'service'alternatives for maintaining the. AMOS softwa're.: These. options will be outlined in a separate proposal'. as, they are being, made available to all BSDS users. 2. The city should implement procedures to. verify that backups are occurring:: properly. These procedures should be ' periodic (e.g monthly). BSDS' will document step by step What our recommended" procedures -would be (ther:e: is currently sufficient information in the. AM1OS documentation, and BSDS documentation for the city .to do this), . Another fact for you to consider is,: some (most) general business'. insurance policies have clauses that cover the type of computer loss you have: suffered. On another occasion 1 was involved with a company lost sips months. worth, of program.ming between two head, crashes and anundetected faulty backup. This was submitted to their insurance company as a casualty lass for reimbursement. Perhaps the, reloading of.your data may qualify for similar treatment. if you require any, assistance from us in this matter we will be glad to help. Sincerely., Y G er al d 14. LaChapel le Director of Services, big sky DATA SYSTaIS _ Mayor McDowell explained that everything was lost but everything has been put back in and is running smoothly except for water billing.. This is`being done on the old computer and there are no problems. The only other loss was $1,800:•00 in wages which we had paid_:, out to-.get�,_7Wateri.informdtion into the new computer: The.Payroll Clerk, City Clerk and finance Director worked extra hours to restore nforma'tion. Qthe,r personnel in the Clerk's office assisted also and it took about one'week.to resume computer operations. Councilman Nystul.rem.inded Mayot and Council that the'differenc.e in registered voters by ward must be adjusted. Ci-ty'Attorney Neier to work on.this. Councilman Saverud reported. that Ewing Company; a BN tenant who will be relocating,'is .applying for. Industrial Revenue Bonds. Dit.octor Gallagber:.added that they will be.apply`ing for $330,000.00 and construction wil,l'be.within the city limits. Councilman." Riuizl reported that one . clazm this month is .tha: -$500..00 fine plus costs', total '$748.-Ob_: to' the:"Mehtal Health people. Ruiz, stated that, he, sti11, feels right about backing the residents :and: BOA,,; tlet731 though'. we, understood we. of Ly had ' about a 50/50 chance- of winning. This is the reason we are a little gun-shy, on Meridian Zofting:.. We must have a firm footing in case of recourse: Councilman Palmer reported:a letter:fr.oift'the Montana'Highway Department, stating they will be reconstructing 1700' of highway north of'Sunset Bbul'evard-to'make a 4 lane road. Councilman Springer complimented Mr. Hopkins, reporter for'.the Daily Inter Lake on ex - .planation of the.error on theipool ballot: It was a public,s�rvice to help parks, pool and City:. - Meeting a'djourried at 8:30 P. M. Approved as amended November 19, 1984. ATTEST: Marjorie iermari ,:City Clerk -Treasurer: s 1 ELECTION RETURNS Local Government Review Study Commissioners General Blecti.on November 5, 1984 STATE OF MCNTANA ) s s '. County of.: � FLATT3FAD � . The undersigned hereby certify that the attached constitutes a full., true and complete report of the results An County, at an election held November b, 1984, for the purpose of electing. Local Government Review Study. Commissioners: in said. county, (if applicable) and the cities of: Attest our hands this day of November, 1984 County Commissioners f � -(I!OtE: C my 6miissioneQ must individually sign this certificate) Election'' Administrator of said county, do hereby certify that the attached°co,nstitutes a -full, true. and complete report of the results of the election of Local Government Review Study Commissioners for said.county and the cities. above listed. Attest my hand and the seal of said county, hereunto affixed this day of November, 1984. Canvass November 9, 1984 Final Certification November 20, 1984 n r CITY/TOWN OpKALISPELL i Please list those persons elected on the numbered lines -- followed by all other candidates and their votes. Candidate Total.V.otes Candidate Total Votes`` Names._ Cast ?dames Cast lim A kinson 3090 Mrs, France _L.Mc _Allister 2724 Lean J, WgIsh 2366 Certif.ication.of Ballot Issues -------- General Obligation Bonds for swimming pool Yes 3623 -Ho - - 1620 Woodland Paris 3861 P-2seuxharr- _ — 739 T.e�gz­'i rn truo__k 2540 No. 2694 Total Registered voters 7742 Total votes cast 5690 73:5% voter turn -out