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03/04/85 City Council Minutes��] THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, MARCH 4, 1985, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMAN SCHINDLER WAS ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Ruiz moved that the approval of the minutes of the February 19, 1985 meeting be tabled until the comments presented at that meeting regarding Pieter Drent's resignation, as well as his letter of resignation, be included in the minutes. Councilman Ruiz stated he felt it was important the Council have reference to the reasons for the resignation. Councilman Nystul Seconded. Motion carried. BID OPENINGS: 1. Swimming Pool Renovation Greg Bain & Company Bid bond for 10% of maximum amount bid Montana Contractor's License - 5087 - Class A Total Base Bid $ 602,925.00 Add for alternate exterior walls 7,200.00 Stewart & Janes Bid bond for 10% of total amount bid Montana Contractor's License - 2918-A Total Base Bid $ 582,485.00 Add for alternate exterior walls 9,240.00 E. F. Matelich Construction Co. Bid bond for 10% of total amount bid Montana Contractor's License - 5948--A Total Base Bid $ 616,950.00 Add for alternate exterior walls 3,100.00 Councilman Nystul moved the bids be referred to the Parks Committee with power to act. Councilman Ruiz seconded. Council Ruiz asked if the committee also could recommend no action be taken because all bids have exceeded the estimates. Councilman Nystul concurred. Motion carried. 2. Swimming Pool Bonds The Clerk requested the opening and evaluation of the bids be conducted by Robert L. Ehlers of Dain Bosworth who is our bond counsel. The Mayor agreed. Mr Ehlers said he would open bids and then recess to evaluate them and report back with a recommendation. Mr. Ehlers reported we had three sealed bids Davidson and asked if there were any other at this time. He asked Ken Yachechak of D. to bid orally. Mr. Yachechak said if there they would like to submit a sealed bid. oral bids and no one responded. Then Mr. recess to submit a sealed bid. This request 3. Motor Patrol bids Modern Machinery, Missoula, Mt. One new 605A-2 Komatsu Motor Grader lease plan may be negotiated. and a check from D. A. sealed bids to be turned in A. Davidson if they wanted were no other oral bidders Mr. Ehlers called for other Yachechak requested a short was granted by the Mayor. No bid bond $ 116,000.00 Hall -Perry Machinery Co., Great Falls, Mt. No bid bond Bid #1. One 1982 John Deere 772A, used 970 hours Total unit price F.O.B. Kalispell 93,119.00 Bid #2. One used 1979 John Deere 770A, used 4500 hours Unit has total engine and transmission rebuild with no hours and new paint. Total unit price F.O.B. Kalispell Rear Ripper for either unit $8,694.00 68,579.00 Northwest Machinery, Inc., Kalispell, Mt. No bid bond One new model FG 85 Fiat Allis delivered to Kalispell City Shop 91,943.90 Davies, Inc., Kalispell, Mt. Sid bond for $8,500.00 One new John Deere 770-A Motor Grader 83,491.00 A snow gate may be added for $2,100.00 288 Tri-State Equipment, Inc., Missoula, Mt. One new Champion Model 740A Current.Price FOB Kalispell, Mt. Municipal Discount Net Price FOB Kalispell, Mt. One new Champion Model 730A Current List FOB Kalispell, Mt. Municipal Discount Net Price FOB Kalispell, Mt. Long Machinery, Kalispell, Mt. Bid One new Caterpillar Model 140G Motor Price F.O.B. City of Kalispell shop No Bid Bond 162,087.00 - 67,388.00 94,699.00 147,836.00 58,009.00 89,827.00 Bond for 10% of amount bid Grader 82,788.00 Councilman Palmer moved the bids be referred to the Street and Alley Committee with power to act. Councilman Saverud seconded. Motion carried. Councilman Ruiz requested Councilman Palmer schedule a Finance committee meeting along with the Street and Alley Committee to discuss how to finance the purchase and Councilman Palmer agreed. The Mayor recognized Bob Ehler who continued with the opening of bids for the Swimming Pool Bonds. Piper, Jaffrey and Hopwood net interest cost net interest rate Dain Bosworth, Inc net interest cost net interest rate Foster Marshall/American Express net interest cost net interest rate D. A. Davidson & Co. net interest cost net interest rate Mr. Ehlers retired to the conference prepare a recommendation. ADDRESSING THE COUNCIL Good Faith Check $11,000.00 482,769.50 9.0237% Good Faith Check $11,000.00 518,490.00 9.6914% Good Faith Check $11,000.00 522,402.50 9.7645% Good Faith Check $11,000.00 484,127.5,0 9.0490% room to evaluate the bids and Mr. Frank Foot of 1335 6th Ave. East presented a letter regarding Griffin Park to the council and read it aloud; "I wish to call'the attention of the members of this council to deed record # 200, volume 191 at page 187 of the records of the Flathead County Clerk and Recorder concerning the gift of all of the block #23 of the original townsite of Kalispell to the city of Kalispell. The nature of this gift was that the land was to be used (for Park Purposes and Park Purposes only, Athletic and Otherwise.) This park was to be known as Griffin Park. As a Representative of the immediate surviving heirs of one of the grantors of the original deed,�I wish to register alarm and dismay concerning any proposed sal:e:of this park. I have several reasons for objecting to this sale first and foremost being the fact that it violates the protective covenants of the deed. Second, sale of this property would eliminate any chance of a public park in this section of town. Considering the proposed development of this area, I believe a park in this vicinity is a necessity. Third,I believe that disregarding the cove nants of this deed would have -a detrimental effect on any future donations of land to the city for park purposes, as the donors would be uncertain as to the city keeping their trust. I hope this body will reconsider their desire to dispose of Griffin Park and keep the trust vested in them by the grantors of the original deed." He also presented a document referred to as "Deed Record 200", to some of the Council members. He stated one of the grantors of the original deed was C. H. Foot, who was his grandfather. Mr. Foot felt his grandfather definitely would have wanted this ground to remain a park in perpetuity. He asked if the Council had any questions and Councilman Palmer requested he read the deed document as the copy was not too clear. Mr. Foot then read the deed. 289 He thanked the Mayor for his time and Councilman Saverud asked the City Attorney if the City had clarified this at some time past. Mr. Neier stated in 1966, Marshall Murray, Attorney for the City, quieted the title on that property. He said he had examined the District Court files and has concluded the City of Kalispell, in 1966 acquired a Fee Simple Absolute title to the property. Councilman Palmer said he would like to know why the quiet title action was pursued. The City Attorney will report at the next council meeting. Councilman Springer stated for the record. "I'm not so sure quiet title extinguishes the reverter, but I will defer to the City's paid legal counsel." Dan Roe, residing at 535 2nd Ave. East, addressed the Council representing the Flathead Recreation Association of the Class of 1972 of Flathead High School. They are responsible for developing a recommendation for using the proceeds from the sale of the Teen Center to build something for the youth of the City. They presented a short format of their proposal to the Parks Advisory Committee and wanted it to be known for the record that they are interested in working with the city in acquiring land to develop this facility. The Mayor requested Mr. Roe present his proposal at the next meeting, March 25, 1985, 7:30 P.M. COMMITTEE REPORTS: ANNEXATION - Councilman Manning reporting Resolution #3.565 Councilman Manning moved acceptance of first reading of a Resolution of intent to annex the Colonial Villa Addition. Councilman Springer seconded. Public Hearing will be April 15. Roll call vote, all present voted aye. Motion carried. Councilman Manning reported the City would initiate annexation of the Street to the North (Washington Street) and the Kalispell Motel property. He also reported the City is initiating action to annex a package of six properties: 1. A portion of the City Airport Runway 2. The Golf Course Property which extends across the Stillwater River. 3. The Parkview Terrace Lift Station (these three are city owned properties) 4. Bountiful Drive (presently owned by the County) 5. Highway 93N to the north end of the College property. (subject to the approval of the Chief of Police) 6. A thin strip of property north of the Sundown Drive Inn property. Councilman Manning moved the City Attorney be directed to pursue annexation of these properties. Councilman Nystul Seconded. Motion carried. Council Manning reported the Committee recommends repealing Section 6.13, (B) of the City Zoning Ordinance. After explaining the section, Councilman Manning moved this section be repealed and Councilman Springer seconded the motion for discussion purposes. After further discussion and clarification the motion was voted upon and carried. The Mayor reintroduced Bob Ehlers who reported the bid of Piper, Jaffrey and Hopwood was the best and lowest bid. He recommended we accept the bid of Piper Jaffrey and Hopwood. He also thanked Don Halver and Bill Swanson for the work they did in a very short timeframe in helping us to put together the official statement. Councilman Springer moved we accept the recommendation of our bond advisor and accept the bid of Piper Jaffrey and Hopwood. Councilman Nystul seconded. Motion carried. Resolution #3566 Councilman Springer read Resolution #3566, a resolution awarding the sale of General Obligation Bonds in the amount of $550,000.00 to the firm of Piper, Jaffrey and Hopwood. Councilman Nystul seconded. Roll call vote. All present voted aye. Motion Carried. STREET & ALLEY - Councilman Palmer reporting The committee recieved a request from Ken Hammer, D.P.W. to call for bids for aggregate, ashpalt, and concrete. 290 Councilman Palmer said "Because of the ambition of the Street Department I would like to read this letter from Ben Van Dyke to The Director of Public works: 'We are expecting to rebuild 25 city blocks with a 5 block override. We are expecting to seal coat a minimum of 30 city blocks along with routine asphalt patchwork. The following is a list of the materials estimated and quantities that would be needed to complete this program of construction and maintenance.' I would like to get that on record. The street department has become very abitious and I think they are trying to make the most use of their time." In asking for the power to call for bids we would like to advise the Council we will review our budget and be sure we are not overbidding our budget. Councilman Palmer moved the Director of Public works be allowed to call for bids for the aggregate, asphalt, and concrete which includes the curb and gutter and sidewalks. Councilman Nystul seconded. Motion carried. Councilman Palmer scheduled a meeting with the Finance committee for 4:00 Thursday. PARKS - Councilman Springer Reporting He asked Councilman Manning to give a report of the Parks Advisory Committee. Councilman Manning said the Parks Advisory Committee recommended not to build a large sports complex but rather to consider developing three sites. He also reported the city has to consider doing something for Legion baseball since someday Burlington Northern will be developing their portion of Griffin Park even if the city cannot sell its share. Councilman Springer reminded the Council that previous Council action had designated that any proceeds from the sale of Griffin Park is to be used for the replacement of that park. Councilman Springer moved that consideration be given to development of three separate complexes as recommended by the Advisory Committee. Councilman Nystul seconded. Councilman Nystul spoke in favor of three seperate complexes. Motion Carried. Councilman Springer moved the City staff be authorized to advertise to solicit properties that could be.used for these complexes. Councilman Nystul seconded. Councilman Manning requested the needs of the Flathead Recreation Association be considered in the search for land. Councilman Springer amended his motion and Councilman Nystul seconded the amendment. After further discussion the amendment and the motion were approved by voice vote. D.P.W. Director Hammer asked for clarification of when the Swimming Pool Construction bids would be let. Councilman Springer set a committee meeting for March 12 at 4:00 and requested Mr. Hammer and the Project Engineer review the bids and present a recommendation at the meeting. Councilman Ruiz recommended that, irregardless of whether we can sell Griffin Park or not, we shouldn't put off looking for a baseball park because we are going to lose the use of some of Griffin Park anyway. CITY DEVELOPMENT -- Councilman Saverud reporting He said he had several housekeeping items to take of. The first item was the correcting of some items in the Secondary Loan Agreement. City Attorney Neier stated these corrections were suggested by H.U.D and they do not change the substance of the Secondary Loan Agreement. Councilman Saverud moved the. Mayor be authorized to sign the second addendum to the Secondary Loan Agreement. Seconded by Councilman Manning. 1 1 Councilman Ruiz said he didn't have a copy of the addendum and asked where it was. He objected to having to vote on something he hasn't had 291 an opportunity to read. The City Attorney explained the addendum had just been received Thursday and copies had been provided to the City Development Committee. C. Saverud amended his motion to have the Mayor sign the agreement following concurrence of the Finance Committee which will meet on Thursday. Councilman Manning seconded. Amended Motion carried. Resolution #3567 Councilman Saverud read a resolution concerning the Community Development Block Grant Program. He said this is also a housekeeping resolution and offered it as Resolution 3567 and moved it be accepted. Councilman Nystul seconded. Roll Call vote. All present voted aye. Councilman Saverud also reported the City has been contracting with Larry Gallagher as a Consultant and moved the Mayor be authorized to sign the agreement with Larry Gallagher as a consultant to the Community Development Project. His hourly fee is $70.00. Councilman Manning seconded. Motion Carried. Councilman Saverud read the following letter, from David C. Cole, CDBG Program Manager to Edward Gallagher: "This is a follow-up to the telephone conversation between you and Larry Curran of my staff on February 14, 1985. You may consider this letter as authorization for the City of Kalispell to incur eligible administrative costs for the second year of the three-year comprehensive Community Development Block Grant (CDBG) awarded under the FY 1983 application competition. This authorization extends to any costs directly associated with FY 1984 grant activities which may have been incurred after January 1, 1985. The Department has received the City of Kalispell's substantive performance report for FY 1983 program activities and upon review we have determined that Kalispell is in substantial compliance with its FY 1983 contract for CDBG assistance." Councilman Saverud explained the state is several months late in getting their contracts out and this letter authorizes us to incur costs for this program. As a followup of Councilman Manning's report Councilman Saverud suggested we should have some kind of a checklist for evaluation of parcels proposed for park sites and suggested the Parks Committee and City Development Committee have a joint meeting and discuss some type of procedural policy for considering lands. March 20, 1985 at 4:00 was set as the date for this meeting. We have also received communication from the State regarding what our position might be on the city owned land south of the Armory. We should develop some type of policy so we can evaluate their request as well without holding them up. Councilman Saverud has been contacted by two different Main Street merchants who were upset with the barracades around the M. & M. Property because they encroach on the sidewalk. The Mayor said he is working on correcting that problem. EMPLOYMENT'- Councilman Grainger reporting Police Chief Stefanic reports he has completed the administration of the promotional process to fill the sergeant's position authorized in February. Based upon the results of written and oral exams, he requests Addison Clark be appointed to the sergeant's position effective April 1, 1985. Councilman Grainger so moved and Councilman Springer seconded. Motion carried. Councilman Grainger called for a closed meeting for negotiations following this meeting. Councilman Grainger requested permission to be out of town March 12-26, 1985. FINANCE - Councilman Ruiz reporting The Finance Committee has reviewed the claims presented and he moved those found in order be paid. Councilman Grainger Seconded. Motion carried. 292 Resolution 3568 Councilman Ruiz read Resolution 3568, a resolution for assessment of Sidewalk, Curb and Gutter construction assessments, and moved it be approved. Councilman Nystul seconded. Roll Call Vote. All present voted aye. Motion carried. SEWER & WATER - Councilman Nystul reporting The committee met and discussed 4 bills received from the Contractor and Engineers on the Wastewater Treatment Plant Project and recommends these claims not be paid until the items at the plant needing completed be taken care of. He so moved and Councilman Springer seconded. Motion carried. Councilman Nystul referred to the newspaper report on water meter replacement and said the city is not conducting a mass replacement of meters and hooking them into phone lines but is replacing meters as needed with new meters having the capability of being hooked into phone lines. MISCELLANEOUS Councilman Grainger moved the bonds approved by the City Attorney be approved. Councilman Nystul seconded. Motion Carried. Councilman Manning moved to direct the Mayor to send a letter to the Zoning Commission with the proposed draft of the change of the Non -conforming Use section of City of Kalispell Zoning Ordinance approved at the February 4, 1985 Council Meeting. Councilman Grainger seconded. Motion carried. Councilman Ruiz stated there was a resignation of the Parks director that was tabled.and should be properly brought back to the Council at this time. As chairman of the Committee of the Whole Council, I would like to move the minutes of the Committee Meeting be accepted and entered as part of the minutes of this March 4, 1985 meeting. Councilman Grainger seconded. Councilman Ruiz said he wanted this information in the minutes for the use of future Councils and he has researched Ordinance 940 and the gist of this ordinance is that the Mayor is the Executive and Administrative Officer of the City of Kalispell in charge of all City Parks. He couldn't find any reason in the minutes as to why the Council passed this Ordinance. He said he wanted the Committee Minutes in these minutes so if we have a similar situation occurring down the road, the new Council can see the reasoning for this action. The Mayor asked if Councilman Ruiz also wanted the ordinance inserted in the Minutes and he said yes. The motion carried by voice vote with Councilman Palmer voting nay and Councilman Springer abstaining. 5:00 p.m. February 21,1985 COMMITTEE OF THE WHOLE COUNCIL Mayor McDowell, Council President Ruiz, Members Schindler, Springer, Nystul, Grainger, Palmer, Saverud, Manning, City Attorney Neier, Clerk/Treasurer Halver, Parks Superintendent Drent, F. T. O'Boyle, KCFW TV Crew, and Roger Hopkins of The Daily Interlake. Council President Ruiz called .the meeting to order and turned it over to Councilman Palmer, who had requested the meeting. Councilman Palmer stated he would like this meeting to try to establish some solutions and get some committee policies so problems can be avoided in the future. Council President Ruiz stated he to be discussing committee policy was anything that must be changed. didn't feel this was the proper time and procedures and didn't feel there One of Pieter Dreftt's concerns was that there was an attempt to have him placed under the Supervision of the Public Works Director. The general discussion of the council members was that was not being planned by the council. Councilman Saverud stated the Council normally does not make those kinds of changes except when there is a vacancy in the position. Councilman Manning asked Councilman Springer if it was his preference that Parks be under Public Works and he said that was true but it had never been proposed for council action. 293 Councilman Palmer stated another problem was the Tree Ordinance and asked Pieter if he felt the trees belonged in the Parks Department and he said yes. Councilman Manning asked Councilman Springer precisely what was he not satisfied with about the Tree Ordinance. Councilman Springer said he didn't feel this was the proper time to discuss the Tree Ordinance and he didn't have his notes with him but one problem was that it was presented to him more than two weeks late and that was an ongoing problem and he didn't have adequate time to review it. He stated lateness of reports was a problem of the City Administration. The Mayor said he would get the Tree Ordinance finished and returned to the Parks Comittee. Councilman Palmer said another problem was that Pieter's employees were being assigned to other departments. Pieter Drent said he appreciated all the support the Council was trying to give him but he felt he had to say he had a personality problem with Councilman Springer and he had understood there was going to be a change in the Committee Chairmanship and he will resign if he cannot have a chairman he can work with. Council President Ruiz asked him to clarify that unless Councilman Springer is no longer Parks Chairman you won't... And Pieter Drent said no, I'll resign. We can talk for hours and it doesn't change anything, we cannot work together. There was some discussion among Council Members and the Press as to whether the meeting should be closed because personalities were being discussed. On advice of the City Attorney, the meeting remained open. Councilman Palmer asked Pieter to reconsider because he was putting the Council in an awkward position. Pieter said he understood that and appreciated the support of the Council. Councilman Saverud stated this is a problem that only the Mayor has the authority to handle. The council cannot handle committee changes. That is solely the prerogative of the Mayor and if that is the bottom line, the productivity of this committee is limited. Other Councilmen concurred and Council President Ruiz adjourned the meeting at 5:36 P.M. Don Halver, City Clerk In regards to the letter of agreement made by the Mayor -and Pieter Drent, Councilman Ruiz felt the action should come to -the Council for action and this condition for employment could lead to difficulties down the road. He said the letter should be withdrawn and he felt the conditions in the letter were already properly addressed in Ordinance 940. Councilman Ruiz moved this letter be removed from Pieter Drent's file, that the Council does not concur with the conditions of employment and let Ordinance 940 speak to the conditions of communications between the Mayor: and Park,s,Superintendent. Councilman Ruiz asked the City Attorney for his opinion on the agreement letter and Mr. Neier said he didn't have an opinion on it at this time. Councilman Ruiz asked the Mayor if he did this on his own and Mr. McDowell said had done it at the direction of the meeting of the Council of the Whole. Councilman Ruiz moved that that letter be removed from Drent's file and that it not be in existence; that he does not have any specific terms of employment any different than any other department head, and asked if someone would second the motion. Councilman Grainger seconded for purposes of discussion and stated the rationale for Ordinance 940 was simply because of a problem between the Public Works Department and other people and the change was through the Mayor's office. Councilman Nystul said he could see Mr. Ruiz' point, but in this case we are better off to resolve this as quickly as we can and move on. Councilman Palmer stated the conclusion of the Council of the Whole was 294 that the Mayor had to take care of it and he didn't see how this council can tell you to do something and now ask that you revoke your action and therefore he was speaking against the Motion. Councilman Ruiz responded: "The Council didn't have the authority at the committee meeting of the Council of the whole and that's the part that I question to begin with. First of all I thought the meeting was a very improper meeting to begin with. It didn't address, and the minutes reflect, it didn't address any reasons for the resignation, other than the fact that the Parks Superintendant stated that he didn't like Councilman Springer and couldn't work with him and Councilman Springer didn't like him. There was riot a valid reason for his actions at all. I want my statements to reflect this; that I think an injustice was done to Councilman Springer at that meeting. I was Chairman of the Meeting so I really didn't have a chance to voice my opinion on that. That's the way I feel about it. It was a very one-sided presentation. I researched all the Park Committee Meeting Minutes and there was no indication in any of those minutes Councilman Springer was harrassing or in any way not treating Pieter Drent in a manner that other Department Heads were treated and I, for one, don't feel that a councilperson should have to go through this, from a Department Head or anybody else. I wouldn't want to be treated that way. I think he's been unjustly accused in the press, and I've seen some of the anonymous letters he's received from people that don't have enough guts to sign their own name to, and I'm very upset about that. I think we volunteer or are elected to public service and I know we are going to get a certain amount of flack and I can live with that but some the abuse that is directed for absolutely no reason; I'm strongly against that, I don't see,;any rationale for that, and I feel remiss that the Council didn't come to Councilman Springer's defense in this matter more than they did. And basically that's the way I feel about that. Legally, I think we're gonna get into trouble with this, I don't think the Mayor had the authority to make that kind of a judgement and have. that condition of employment there for,the Parks Superintendent. If you want to just ignore the matter fine, you can go with what the Mayor has done but if it comes back to haunt us I want it in the Minutes that I had brought this to the Council's attention. That's all I have say, I'd as soon see -it die too, but I'd like to see it die properly." Councilman Grainger agreed about Councilman Springer being attacked and it not being right. He went on to discuss some of the background behind the Ordinance. As far as this motion, he didn't want to vote on it without a legal opinion on the letter. Councilman Nystul called for the question. Councilman Ruiz voted aye. Councilmen Springer and Grainger abstained. Motion was defeated. Councilman Grainger called for adjournment to closed session. Meeting adjourned at 9:40 p.m. Approved as presented March 18, 1985 ATTEST: f Marjori Giermann, Clerk/Treasurer `•iMcD*owe,,!�] i 1