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03/17/86 City Council Minutes390 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MARCH 17, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL COUNCIL MEMBERS WERE PRESENT. (COUNCILMAN SAVERUD ARRIVED AT 8:10; ARDIE GRANRUD WAS SERVING AS RECORDER IN THE ABSENCE OF THE CITY CLERK/TREASURER) Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Nystul moved the minutes of the March 3, 1986 regular meeting be approved as presented. Councilman Palmer seconded and the motion carried. CITY OFFICIAL REPORTS Treasurer's Report (February) Police Chief " City Judge " Building Official " Councilman Nystul moved the City Official Reports be approved as presented. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL Local Government Energy Commission Councilman Palmer reported Tom Marvin of the Local Government Energy Commission was unable attend the meeting. Palmer gave a brief explanation of the work of the Commission. Fifth Avenue West Mayor Kennedy reported he would allow discussion of this issue during the Public Works committee report. Raymond and Ruth Ross The Ross' (who live at Center Street and Fifth Avenue West) reported they have only one parking space in front of their house and no place for visitors to park. They requested parking be made available on Center Street. COMMITTEE REPORTS: PERSONNEL AND POLICY Workers Compensation Insurance Councilman Grainger referred to the report from Clerk/Treasurer Halver and said all his questions have been answered. He moved City Attorney Neier draft a Resolution of Intent to participate in the League of Cities and Towns Workers Compensation Insurance Pool. Councilman Palmer seconded. Councilman Nystul moved for amendment of the motion, to direct the Mayor to write a letter to the League stating our intention to join the Pool. Councilman Grainger seconded the amendment and the amended motion passed. PUBLIC WORKS Water/Sewer Superintendent's Report Councilman Ruiz referred to Andy Hyde's report on the seminar he had attended and commended him on the excellent report he had presented. Street Employees Councilman Ruiz stated he needed more information on the layoffs of the street personnel. He asked if the intent was to rehire these people when funds are available. Mayor Kennedy reported the employees were laid off without intention of rehiring. In regards to future layoffs of Garbage Employees, City Attorney Neier reported that any future vacancies in the Street Department must be offered to the laid off Street Department people first. Future laid off Garbage Employees would not be able to use senority over the street employees just laid off. Departmental seniority governs. Councilman Ruiz asked why the employees were terminated and paid off all their vacation and sick leave and losing their insurance coverage if they might get hired back. City Attorney Neier reported it had to be done that way because of State Law Requirements. PWD Hammer reported he hoped to use the laid off employees and three Garbage Employees from July 1, 1986 through the end of the construction season. Councilman Ruiz asked if the termination notice complied with the City Employee Handbook, which requires a 30 day notice of layoff. Mayor Kennedy will investigate. r F] 391 Fifth Avenue West Councilman Ruiz suggested rather than getting into a hassle tonight over who should pave Fifth Avenue West, we let the bids without paving. Councilman Palmer reported he had been called by A-1 Asphalt and they were opposed to the city crews doing the paving. Palmer agreed with Ruiz's recommendation. Councilman Ruiz moved we do the Phase II bid without the paving included in the bid. Councilman Nystul seconded and the motion carried. Councilman Ruiz asked PWD Hammer to have the bid specs call for the street to be brought up to the level which would make it ready for paving. Width of Center Street Councilman Ruiz read into the minutes an excert from "Kalispell Traffic Operation Study of 1980", prepared by Stably Engineering and Associates. "Alternative 4. Fifth Avenue West, Center Street to Eleventh Street. This alternative would help relieve the congestion on Main Street and at the Main Street, Idaho Street intersection. Fifth Avenue West does presently extend across the railroad to Idaho Street. However the route is residential throughout and passes directly past the high school. There are already vehiole-pedestrian conflicts in this area. Improvement of the street at the existing width would be considered a needed improvement. However, not with the idea of attracting traffic from Main Street. The improvement would be made with the idea of providing additional driver convenience and comfort for the residents in the area. This alternative would delete it from further consideration." Councilman Ruiz said they did not envision that as a through street and heavy traffic. It was his recommendation the first block only be widened to 41 feet. Councilwoman Hafferman reported she had received calls from residents who were upset and would bring their notes to the meeting, showing that only one block was planned to ' be widened. There was discussion on whether the widening was required for utilities or traffic. Mayor Kennedy asked for public comments. Martin Huggins, of 527 Fifth Avenue West, stated they had negotiated with the Council last summer that only the first block might have to be widened. He has heard that the construction might cause some of the curbs to cave in. He said if something happens where the tree roots start to be destroyed they will investigate the possibility of filing some kind of injunction to stop the project. Norma Jean Gates said she wanted the council to hold to the one block agreement of last year. Tommy Davis, of 1044 Fifth Avenue West, asked that truck traffic be controlled on Fifth Avenue West and Eleventh Street West and that the stop sign on Fifth be better enforced. Mayor Kennedy reported from a letter he had received from Glen Manning, who was opposing the Fifth Avenue West project. Councilman Ruiz said the Public Works Committee didn't have a recommendation. He would recommend that only the one block be widened. Councilman Schindler agreed with Councilman Ruiz. Councilman Ruiz stated they didn't need to make a motion, the council all seemed to be in agreement. Second Block Councilman Ruiz referred to FWD Hammer's recommendation that the curb not be replaced in the second block and stated he didn't agree. Councilman Schindler also was opposed to the Public Works Director's recommendation. Councilman Schindler asked the record show that Hammer's recommendations are made in the best interests of the City in regard to costs and other considerations, even though the council and residents might disagree. 392 Councilman Saverud wondered if the existing curbs could be protected during the construction and suggested we go ahead and replace the existing curbs. Councilman Ruiz moved the first block of the Fifth Avenue West project be 41 feet wide, the second block shall be 31 feet wide, and the curbs and gutters will go in as originally planned. Councilman Grainger seconded and the motion carried. Justice Center Water Main PWD Hammer explained the reasons for removing the water line from Phase II and Councilman Ruiz moved this project be deleted from the Phase II project. Councilman Nystul seconded and the motion carried. 1200 Block Fifth Avenue West PWD Hammer recommended this block of street reconstruction be deleted from Phase II with the street department to do this in conjunction with their street reconstruction program. Councilman Ruiz so moved, Councilman Nystul seconded and the motion carried. Call for Bids Councilman Ruiz moved the Public Works Director be authorized to draw up bids for Fuel, Gravel, Asphalt, Curbs and Sidewalks. Councilman Nystul seconded and the motion carried. Councilman Ruiz moved the Public Works Director be authorized to draw up bids for a Front-end Loader. Councilman Nystul seconded and the motion carried. Windward Way Easement Councilman Ruiz moved acceptance of the additional Right of Way for Windward Way street widening with the following conditions: 1. That Don Arthur apply for and be granted a building setback variance. 2. That Don Arthur shall waive the right to protest the creation of any S.I.D. or the ordering in of Sidewalk and Curbing of the City of Kalispell. 3. That Don Arthur shall record a Certificate of Survey displaying the 10 foot strip of land being dedicated for right of way purposes. Councilman Palmer seconded. Mr. Arthur asked the requirements be made in the name of the corporation rather than in his name and City Attorney Neier agreed. The motion carried. Fifth Avenue West Project Funding Councilman Ruiz and other council members discussed the funding for the project. Ross Parking Councilman Schindler asked if we could do something tonight about the parking problem addressed by Raymond and Ruth Ross. Mrs. Ross stated they would prefer to park on Center Street. Mayor Kennedy will take the question to the Public Works Committee for recommendations. WATER AND SEWER COMMITTEE Rate Increases Councilman Nystul moved the recommendation of the Committee of the Whole for 12% rate increases for Sewer and Water this year, 12% Sewer rate increase and 6% Water rate increase for next year, be adopted. Councilman Schindler seconded. Councilwoman Hafferman spoke against the motion, stating the whole project was vastly overpriced and no money has been provided in the future for replacement of other service lines. Councilman Ruiz reported on a cost comparison with some other cities which showed we were much lower than others and we haven't kept up with our maintenance responsibilities. The motion carried. Resolution #3637 Councilman Nystul explained Resolution 3637, a resolution to issue revenue bonds for $1,300,000 for the combined funding of $1,000,000 for Sewer work and $300,000 for Storm Sewer work. He moved adoption of Resolution #3637, a resolution relating to the $1,300,000 Sewerage System Revenue Bond of 1986 and calling for public sale thereof. Councilman Palmer seconded and the motion passed upon roll call vote with Councilwoman Hafferman voting no. 393 COMMUNITY DEVELOPMENT AND PUBLIC BUILDINGS CDD Annual Report Councilman Saverud apologized for being late. He presented the Seventh Annual Report of the Community Development Department and read the cover letter to the council. He requested the council review their copy of the report. PARKS AND PUBLIC LANDS Councilman Manning set a Parks Committee meeting for Tuesday March 18, at 4:00 pm. 1 FINANCE AND ADMINISTRATION Councilman Palmer reported he will be posting a committee meeting for the purpose of reviewing the audit and see if there are any changes in procedure we could make and also discuss budgeting procedure for this year. PUBLIC SAFETY Councilman Schindler presented the suggested draft of the position of the City of Kalispell regarding participation in the "911 system" and moved its acceptance. Councilman Saverud seconded. Councilman Ruiz stated he was against the system. The motion passed on roll call vote with Council members Ruiz and Hafferman voting no. ANNEXATION, ZONING AND BUILDING REGULATION Ordinance #1077 Councilwoman Hafferman read Ordinance #1077, an ordinance annexing Scotty's Bar and moved acceptance of second reading. Councilman Grainger seconded and the motion carried upon roll call vote. Ordinance #1076 Councilwoman Hafferman moved acceptance of second reading of Ordinance #1076, an ordinance amending the zoning ordinances to permit music education, etc. in certain zones, and commonly referred to as the "Jones Zoning Ordinance". Councilman Grainger seconded and the motion carried upon roll call vote. Resolution #3638 Councilwoman Hafferman presented Resolution 3638, a resolution of intent to annex the Kalispell Motel Addition and so moved. Councilman Schindler seconded and the motion carried upon roll call vote. Resolution #3639 Councilwoman Hafferman presented Resolution #3639, a resolution of intent to adopt, revise or reject the recommended amendments to the Kalispell City -County Master Plan and so moved. Councilman Schindler seconded and the motion carried upon roll call vote. Ordinance #1078 Councilwoman Hafferman moved acceptance of second reading of Ordinance 1078, an ordinance adopting the 1985 Uniform Building Codes. Councilman Grainger seconded and the motion carried upon roll call vote. NEW BUSINESS Councilman Palmer asked if the computer could retrieve minutes by Committee. Mayor Kennedy reported the Clerk is looking into this. Mayor Kennedy announced there will be a pot luck here Friday March 21, 1986 in honor of the retirement of Fire Chief Doty and all council members are invited. MISCELLANEOUS Councilman Schindler requested permission to be out of state from March 20 to around the first of April. ' Duane Larson reported there was a Fire Engine in the station which is being delivered to the City of Coeur D'Alene and is similar to what we would like to purchase. He invited council members to take a look at it. The meeting was adjourned at 9:30 pm. Approved as presented April 7, 1986 Ed Kennedy, Mayor ATTEST: Don Halver, Clerk/Treasurer