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04/07/86 City Council Minutes394 GAMING COMMISSION MEETING The City of Kalispell Gaming Commission met in the office of Mayor Kennedy on Monday, April 7, 1986 at 4:00 P.M. In attendance were Mayor Kennedy, City Attorney Neier, Police Chief Stefanie and Councilman Grainger. Mayor Kennedy callthe meeting to order and asked if anyone present opposed the application of Jerry and Julie Loutherbaek for a Gaming License for The Sportsman Restaurant. The Sportsman is located at 92 North Main Street. Dates of publication were March 27 and April 3, 1986. There were no opponents. Councilman Grainger moved the application be approved for a Keno Machine. Chief Stefanie seconded, and asked the Loutherbacks if they had a copy of the Gambing Regulations. They said they did and they hoped to eventually obtain a Poker License. City Attorney Neier stated the application was in order and that he approved the license. All voted aye. The meeting adjourned at 4:10 P.M. d Ed Kennedy, Ma or ATTEST: Don Halver, Clerk/Treasurer THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY APRIL 7, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL COUNCIL MEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. COUNCIL MINUTES Councilman Schindler moved the minutes of the regular meeting of March 17, 1986 be approved as presented. Councilman Nystul seconded and the motion carried. BID OPENINGS: Mayor Kennedy instructed the Clerk to open the bids and report to the council when he was ready. Sewer System Revenue Bonds Bob Ehlers, of Dain Bosworth, reported the bid results. -for the Sewer System Revenue Bonds. All bids contained the required good faith checks for-$26,000.00. COMPANY 1. D. A. Davidson & Cc 2. Piper, Jaffrey & Hopwood, managers 3. Boettcher & Company, Inc., managers TOTAL INTEREST COST $ 1,270t579.00 1,290,158.85 1,361,195.82 NET INTEREST RATE 7.14388 % 7.25396 % 7.6533376 % Councilman Nystul moved adoption of Resolution #3640, a resolution awarding the sale of the Sewerage System Revenue Bonds to D. A. Davidson & Co. and approving related matters. Councilman Palmer seconded and the motion carried with Hafferman voting no. ADDRESSING THE COUNCIL Mayor Kennedy introduced Hal Robbins, Director of the Air Quality Bureau, Montana State Department of Health and Environmental Sciences. Mr. Robbins introduced Bob Raisch, head of the Operations Section in the Air Quality Bureau. They told the council about their work and plans for monitoring of air quality in Kalispell. 1 395 BID OPENINGS: (cont.) Clerk Halver reported on the various bids received: BID ITEM: Refuse Containers 1. HCL Equipment Co. 10% check $ 80,414.10 2. Turn -Key 10 % check 76,228.75 3. Pawnee Products, Inc. 10 % check 17,011.50 (they only bid on the 90 gallon containers) Action: Councilman Nystul moved the bids be referred to the Finance Committee with power to act. Councilman Saverud seconded and the motion carried. BID ITEM: Phase I Curbs/Sidewalks 1. Big Montana Concrete 10 % check $ 41,405.10 2. Marriot Concrete 10 % letter of credit 38,194.80 Action: Councilman Nystul moved they be referred to the Public Works committee with power to act. Councilman Palmer seconded and the motion carried with Hafferman voting no. BID ITEM: Hot Mix 1. Pack & Company 10% bid bond $16.75/ton $ 142,375.00 2. A - 1 Paving 10% bid bond 20.50/ton 174,250.00 Action: Councilman Grainger moved they be referred to the Public Works committee with power to act. Councilman Schindler seconded and the motion carried. BID ITEM: Aggregate 1. Pack & Company 10% bid bond (contingent upon acceptance of material) $ 117,500.00 2. McElroy & Wilken 10 % bid bond 137,400.00 Action: Councilman Nystul moved the bids be referred to the Public Works committee with power to act. Councilman Schindler seconded and the motion carried. BID ITEM: Front End Loader 1. Modern Machinery 10 % bid bond no trade $ 78,750.00 2. Davies Inc. 10 % bid bond new with trade 68,887.00 used with trade 61,180.00 3. Long Machinery 10 % bid bond $3,000 toward trade 79,181.00 Action: Councilman Nystul moved the bids be referred to the Finance Committee with power to act. Councilman Palmer seconded and the motion carried. Councilman Ruiz requested a joint meeting be established between Finance and Public Works committees to work on the bids. The meeting will be scheduled when PWD Hammer is available, sometime this week. COMMITTEE REPORTS: ANNEXATION, ZONING & BUILDING REGULATION Resolution 3641 Councilwoman Hafferman moved adoption of Resolution 3641, a resolution to adopt amendments of the Kalispell City -County Master Plan. Councilman Manning seconded and the motion carried upon roll call vote with Schindler voting no. Resolution 3642 Councilwoman Hafferman moved adoption of Resolution 3642, a resolution of intent to annex the Larson Addition. Councilman Manning seconded and the motion carried upon roll call vote. Resolution 3643 Councilwoman Hafferman moved adoption of Resolution 3643, a resolution of intent to annex Bountiful Drive, Claremont Street Addition # 198. Councilman Grainger seconded and the motion carried upon roll call vote. 396 COMMUNITY DEVELOPMENT AND PUBLIC BUILDINGS Remodeling Old Fire Hall Councilman Saverud referred to the drawing of the proposal for remodeling the building and reported the committee has reviewed the plans and recommends the Mayor be authorized to call for bids for this remodeling. He so moved and Councilman Manning seconded. Councilman Ruiz said he hadn't seen any rationale for the need for the additional space and couldn't approve this until he had seen a complete plan for this building and the space vacated. Councilman Saverud reported the committee had agreed to look at the program one project at a time. Mayor Kennedy reported PWD Hammer needs more room and some privacy and Pieter Drent needs an office out of the basement and more accessible to the public. He was looking at redesigning the Clerk/Treasurer and Water/Sewer department space, and had talked about moving Community Development into the Building Department area. Mayor Kennedy also stated it would be advantageous to have the Public Works and Building departments together in one area. Councilman Nystul said the Building Official should have space to work with contractors with some privacy. The department also needs more room to lay out plans and work with them. He also said the present layout of the Public Works office is very inefficient. Councilman Grainger reviewed the intention of the council when the new building was built and said at that time the council intended for the old fire hall be saved for later expansion of the Building and Public Works Departments. Councilman Schindler asked if parking had been found for the vehicles presently stored in the building. Chief Stefanie said he had looked at some options but the bottom line is there is no money. Mayor Kennedy said there has been some preliminary discussion on getting some metal buildings in the city shop compound to store vehicles out of the weather. Councilman Manning withdrew his second and Councilman Saverud withdrew his motion. Saverud said the committee would work on this at the next committee meeting and try to develop some additional background information. Mall Offsite Improvements - Widening Main Street Councilman Saverud reported of the items which the Kalispell Center Mall developers have requested the city take action, the committee is recommending the city do only one, the widening of Main Street to add a right turn lane south bound at Main and Center. This project would correct the old curb line which is seven or eight feet out of line with the rest of Main Street. Estimated cost is $8,600 and the Highway Department doesn't have the budget for it. The Committee recommends the City do the project, paying for it out of the Offsite Improvements budget and Saverud so moved. Councilman Palmer seconded. Councilwoman Hafferman spoke against the motion stating this was the responsibility of the Highway Department. Councilman Hystul spoke in favor of the right turn lane. Councilman Grainger said we have a mess that will just get worse with the additional lane. Councilman Saverud felt the right hand lane would alleviate the problem. He said the Highway Department has been addressing this issue informally and offered any help they could give, considering their lack of budget. Because the State couldn't do it, and the cost was relatively low, the committee had decided to recommend the city do it. Saverud concluded it would be best to table this motion until Ken Hammer is available to answer questions about the project. Councilman Palmer moved to table the motion, Counclman Schindler seconded and the motion to table carried. Councilman Saverud reported on the committee's review of the Library Remodeling and the third year of the Block Grant program. 397 PERSONNEL & POLICY Clothing Allowance Councilman Grainger reported the Clerk has requested the council provide authorization to give the Police and Fire Chiefs, Assistant Chiefs and the Police Lieutenant, the same clothing allowance rate as their respective department's bargaining unit clothing allowance rate for the 1985-86 fiscal year. He so moved, Councilman Schindler seconded and the motion carried. PUBLIC WORKS Resolution 3644 Councilman Ruiz moved adoption of Resolution 3644, a resolution of intent to create SID #338, to provide for the paving of Kinshella Street. Councilman Schindler seconded the motion. City Attorney Neier explained the financing options and the methods of assessment available. The motion carried upon roll call vote. Curbing, Kinshella and Husky Street Councilman Ruiz moved for the ordering of Construction of Curbing on Kinshella and Husky Streets. CouncilmanSchindlersecondedandthe motion carried. Mahugh Curb -cut Councilman Ruiz moved for approval of a curb out permit at 230 2nd Street East, applied for by Ronald B. Mahugh, CPA. The city will install a one way sign and bill the applicant. Councilman Saverud seconded and the motion carried. Use of Tax Increment Funds - Street Department Councilman Ruiz reported to the council that the city plans to use city crews to do the eligible projects in the Tax Increment District. Main Replacement - Fifth Avenue West North Councilman Ruiz moved to call for bids to replace the Water Main on Fifth Avenue West North from approximately Railroad Street north to Idaho Street. Councilman Schindler seconded and the motion carried. Resolution 3645 Councilman Ruiz moved passage of Resolution 3645, a resolution to provide for signal maintenance and crosswalk painting by the Montana Department of Highways. Councilman -Schindler seconded and the motion carried upon roll call vote. - .WATER & SEWER Resolution 3646 Councilman Nystul moved passage of Resolution 3646, a resolution amending Standards for Design and Construction for the City of Kalispell. Councilman Palmer seconded and the motion carried upon roll call vote. Acquisition.of Love Property Councilman Nystul reported the staff recommends the city acquire this parcel and he moved the Mayor and staff be authorized to execute any buy -sell agreement, order title searches and other items necessary to acquire a parcel of land, just north of the city shops, from Glenda and Larry Love. Councilman Schindler seconded. Councilman Nystul stated the funds received from the sale of the Water Department land on North Meridian will be used to buy this property. The motion carried. Phase I Sanitary Outfall Sewer Improvement Construction Bid Counoilman Nystul moved the awarding of the bid to the low bidder, Holm -Sutherland, and authorize the Mayor to sign the necessary documents. Councilman Schindler seconded and the motion carried. PARKS & PUBLIC LANDS Conservation -Easement Councilman Manning reported on recommendations to grant a conservation easement to the State Fish, Wildlife and Parks_ Department for land off Parkview Terrace and off Grandview Avenue. The U. S. Fish and Wildlife Service would sign off the Corps of Engineers 401 Permit (for Begg Park) under three conditions: 1. The City shall grant within 30 days of issuance of any Corps permit, a wildlife easement in perpetuity to the Montana Department of Fish, Wildlife and Parks, a 4.5 acre tract of land owned by the city known as Buffalo Head Park. 2. Within 30 days the city shall provide physical barriers to access of the park by motorized vehicles. 3. The city shall provide for the maintenance of existing fences in perpetuity. 398 Councilman Manning moved the City write a letter stating we would support the set -aside of approximately six acres of riparian and riverine wetlands habitat in order to pursue getting the Corps permit but would not take any formal action on the agreement until all terms and conditions are cleared up. Councilman Nystul seconded and the motion carried. Councilman Manning called for a Joint Parks & Public Lands/Community Development Committee meeting for Wednesday April 16, 1986, at 4:30 pm. FINANCE & ADMINISTRATION Approval of Claims Councilman Palmer moved the approval of claims per the Accounts Payable Approval List of April 7, 1986 and previously written claims. Councilman Nystul seconded and the motion carried. Refuse Equipment Lease Proposal Councilman Palmer referred the council to the summary of the Municipal Lease proposals for the Garbage Equipment and moved the proposal of Dougherty, Dawkins Leasing, with an interest rate of 8.25 % be approved. Councilman Schindler seconded and the motion carried. Select Auditor Councilman Palmer reported the committee has recommended the State be hired to audit the 1984-85 and 1985-86 fiscal years and so moved. Councilman Schindler seconded and the motion carried with Saverud voting no and Nystul abstaining. PUBLIC SAFETY - no report MISCELLANEOUS Mayor Kennedy requested Tom Samuel be appointed to the Architectural Review Committee to replace William Simmons, who has resigned. Councilman Palmer so moved, Schindler seconded and the motion carried. Mayor Kennedy recommended City Attorney Neier be reappointed for another two year term effective April 16, 1986. Councilman Saverud so moved, Nystul seconded and the motion passed. Mayor Kennedy recommended the hiring of Richard James Brady as the new Street Superintendent, to begin July 1, 1986. Councilman Nystul so moved and Palmer seconded. Councilman Ruiz asked why we were making the appointment now if the job doesn't start until July 1. Councilman Schindler explained the applications have been received and reviewed and action needed to be taken to let the applicants know what is going on. The motion carried with Hafferman voting no. Councilman Ruiz asked why we weren't taking action on the Fire Chief position. Mayor Kennedy stated the application deadline just closed March 31 and interviews are scheduled for next week. License Bonds Councilman Grainger moved the license bonds found in order by the City Attorney be approved. There were no objections. CONTRACTOR Bob Lyford Plumbing & Heating Denning Sheet Metal Ray Simpson, A.S. Mechanical Master Plumbing & Heating Master Plumbing & Heating Davis Plumbing Adjourned 9:52 pm. Approved as corrected April 21, 1986 ATTEST: Don Halver, Clerk/Treasurer BOND AMOUNT Right of Way 5,000.00 Gas Contractor 3,000.00 Plumbing Contractor 1,000.00 Plumbing Contractor 1,000.00 Gas Contractor 3,000.00 Plumbing Contractor 1,000.00 Ed Kennedy, Mayor