06/02/86 City Council Minutes410
THE REGULAR MEETING OF THE RALISPELL CITY COUNCIL WAS HELD AT 7.30 P.M. MONDAY JUNE 2,
1986, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY WAS ABSENT AND COUNCIL
PRESIDENT RUIZ PRESIDED. COUNCILMAN PALMER WAS ABSENT: ALL OTHER COUNCILMEMBERS WERE
PRESENT.
Council President Ruiz called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Councilman Nystul moved the minutes of the May 19, 1986 regular meeting be approved as
presented. Councilman Schindler seconded and the motion carried.
BID OPENING - Old Fireball Remodeling
Clerk/Treasurer Halver reported Greg Bain had delivered a bid modification to City Hall
at 5:15. The Call for Bids,specified that bids were to be received until 5:00 PM.
Halver reported the City Attorney agreed the bid modification should not be opened and
considered. The Council agreed.
Clerk/Treasurer Halver then opened and reported the bids:
Bidder:
Contractor
Bond
Base Bid
Alternate #1
License #
John -Mann. Builders
60253.90
$62,539.00
- 4,800.00
Cashier's Ck.
Lloyd Fagerland
5878A
6,065.00
59,089.00
- 5,105.00
Cashier's Ck.
Robert W. Ross
1278A
10% bond
63,488.00
- 5,363.00
Greg Bain & Co.
5087A
10% bond
64,700.00
- 3,800.00
Tom Wiggin
5581A
10% bond
58,800.00
- 4,888.00
Councilman Saverud moved the bids be referred to the City Development Committee to
report back at the next Council Meeting. Councilman Nystul seconded and the motion
carried.
ADDRESSING THE COUNCIL
No one responded to the call to address the council.
COMMITTEE REPORTS:
WATER & SEWER
Final Grant Payment on Sewage Management Facility
Councilman Nystul reported the Engineer has prepared the documents for the final
reimbursement from EPA. Based upon the recommendation of the committee, Councilman
Nystul moved the Mayor, City Attorney, and Director of Public Works be authorized to
sign the necessary documents to submit the pay estimate for the Wastewater Treatment
Grant. Councilman Schindler seconded and the motion carried.
Sanitary Sewer Trunk Route
Councilman Nystul reported errors in deed transfers resulted in a strip of land of
about 15 feet by 150 feet in the planned project route which does not belong to the
City. Since the current owner of the strip of land was asking $8,000 for it, the city
will be moving the project to the other side of the street where the city has adequate
land.
Woodland Park SID
Councilman Nystul reported it is looking more like SID 337 will be a fundable project.
Carver Engineering is proceeding with the funding application. I
Wastewater Treatment Plant Discharge Permit
Councilman Nystul reported we should be receiving our new permit this week. It will
impose a new _phosphorus limitation we will have to deal with. We will have 30 days
from issuance of the permit to adopt a time schedule for compliance.
Street Repairs
The committee has directed the Water/Sewer Superintendent to repair the City Streets
where the Water Department has opened thestreetsfor repair. Councilman Nystul moved
the Council approve this directive, using existing water department forces or by hiring
the work done. Councilman Manning seconded and the motion carried.
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PARKS & PUBLIC LANDS
Ashley Creek Mitigation
Councilman Manning reported the U. S. Fish and Wildlife Service still preferred the
Buffalo Head Park as their choice for the mitigation site for the wildlife wetlands
lost at Begg Park. He read the letter from them.
Councilman Manning moved Buffalo Head
Park be used as the mitigation property.
Councilman Nystul seconded for discussion
purposes. After Councilman Nystul asked
several questions of Park Superintendent
Drent the question was called for and
the
motion carried.
FINANCE & ADMINISTRATION
Approve Claims
Councilman Nystul moved all the claims
listed on the approval list and/or signed
by
committee members, except two claims
from LHC Inc. for work on Montana Street,
be
approved for payment. He further moved
the Mayor, City Attorney, and Director
of
Public Works resolve the legality of these
two claims. Councilman Saverud seconded
and
the motion carried.
PUBLIC SAFETY
Stop Sign Recommendations
Councilman Schindler reported the committee recommends making the intersection of
Hawthorn and Liberty Streets a 4-way Stop and so moved. Councilman Grainger seconded
and the motion carried.
Councilman Schindler reported the committee recommends returning the intersection of
Fifth Avenue West North and California Street to a 4-way Stop and so moved. Councilman
Grainger seconded.
Councilman Nystul reported some of the problems are caused by the patrons of Trinity
Lutheran School. Police Chief Stefanie said he would contact the school administration
and see if they could work on improving the loading and unloading traffic patterns.
Councilman Schindler called for the question and the motion carried.
' "911" system
Councilman Schindler reported the telephone company has come up with some preliminary
costs for the system. Kalispell's share would be about $36,815 with an ongoing monthly
cost of $387.64 for maintenance. He stated the city needs to make sure all costs of
the system are paid by the state and/or the 25 cents per phone per month fees and that
the city doesn't have any out-of-pocket costs.
Chief Stefanie stated he would hope after the hardware costs are paid, the city receive
some reimbursement for personnel costs.
ANNEXATION, ZONING & BUILDING REGULATION
Royal Pines Way
Councilwoman Hafferman reported the committee met this afternoon to discuss the
Preliminary Plat Application of "Royal Pines" Subdivision. She described the
development and the recommended conditions of approval.
The Council held extensive discussion of the recommended "temporary cul-de-sac" near
the west end terminus of Royal Pines Way.
Pieter Drent told the council he thought the city has an agreement with the
school district, allowing them to use the City -owned land at the west end of the
subdivision for parking.
Councilman Manning explained the developer had three options for providing a cul-de-sac
at the end of the road, and the city participating and allowing it on their land would
be the most beneficial to the developer.
The council generally felt allowing the temporary cul-de-sac might interfere with
future development of the city owned parcel.
Fire Chief Larson reported any development on a dead-end street must provide a minimum
turnaround radius of 45-feet for large service vehicles to turn around.
Councilwoman Hafferman stated the committee had not made a recommendation.
Councilman Manning reported there was a question about the lot sizes; evidently the
survey stakes show lot widths of less than 70 feet, which is the required size for RA-1
lots. He requested the City Surveyor see if they have the legal RA-1 lot sizes.
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Councilman Saverud suggested the City Attorney include some type of permanent hold
harmless agreement topreventa lawsuit forcing the city to move the city shop and
batch plant.
Councilman Nystul requested the street be a numbered rather than named street. Police
Chief Stefanie requested the Council make that -a permanent policy.
Councilwoman Hafferman moved to table the discussion until the City staff can
determine what can.be.done. Councilman Schindler seconded and the motion carried.
Annex Street north of Drive-in Theatre
Councilwoman Hafferman moved the City Attorney begin proceedings to annex this street.
Councilman Manning seconded and the motion carried.
Annexation of Begg Addition No 194
Councilwoman Hafferman presented Resolution #3658, a resolution providing for
thealterationof boundaries oftheCity of Kalispell by annexing the Begg Addition No.
194 and so moved. Councilman Nystul seconded and the motion carried upon roll call
vote.
COMMUNITY DEVELOPMENT & PUBLIC BUILDINGS
Resolution 3659
Councilman Saverud presented Resolution #3659, a resolution establishing the procedure
for acquisition of property for the West Side Park Project and moved it be passed.
Councilman Manning seconded. Following general discussion the motion carried upon roll
call vote.
Councilman Saverud called a committee meeting for Thursday, June 5, 1986, at 4:00 PM.
PERSONNEL & POLICY - no report
PUBLICWORKS
Resolution 3660 - Kalispell Strip
Council President Ruiz presented the construction agreement proposed by the Department
of Highways regarding.the resurfacing of the "Kalispell Strip".
After discussion Councilman Nystul moved the council pass Resolution #3660, a
resolution adopting- the construction agreement,.and authorizing the Mayor to sign the
agreement subject to the concurrence of the City Attorney and the Director of Public
Works. Councilman Schindler seconded and the motion carried upon roll call vote.
MISCELLANEOUS
Councilwoman Hafferman requested permission to be out of the state from June 15-22,
1986.
Granny's Legacy
Council President Ruiz read a letter from Granny's Legacy Restaurant requesting
permission to make partial use of the City Sidewalk for additional tables and planters.
The request was referred to the Public Works Committee.
Mayor's absence.
Clerk/Treasurer Halver reported Mayor Kennedy would be out of the office the rest of
the week (June 3-6). He will be attending a League of -Cities and Towns meeting on
Friday.
City Records
Councilman Nystul reported the City Clerk/Treasurer, in attempting to file some
papers regarding a Hydroelectric Power Project Permit, was unable to locate any records
beyond 1982 regarding this project. Nystul suggested the City Attorney check with
former Mayor McDowell andseeif he has anycityrecords.
Department Head Attendance
Councilman Nystul suggested the key department heads should attend the Council
Meetings. Councilwoman Haffermanagreedas did Councilman Schindler. Hafferman said
she would have appreciated help from DPW Hammer in presenting the information on the
Royal Pines discussion.
Councilwoman Hafferman moved the Mayor be directed to ask department heads to attend
City Council Meetings. Councilman Schindler seconded and the motion carried.
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Evergreen Strip Median
Councilman Schindler moved the city council direct the Mayor to write, a letter to the
State Highway Department saying the City does not agree with the concreting of the
Median on the Evergreen Strip. Councilman Nystul seconded.
GAMING COMMISSION JUNE 12, 1986
The meeting was called to discuss some of the games being provided at Cavanaugh's
Casino. Present were Mayor Kennedy, Councilmen Grainger and Schindler, Police Chief
Stefanie, City Attorney Neier, City Clerk/Treasurer Halver, Kent Frampton of
Cavanaugh's Casino, and Roger Hopkins of The Daily Inter Lake.
Mayor Kennedy called the meeting to order at 3:30 PM., and introduced Kent Frampton,
who proceeded to explain the "Hold-em Freezeout Tournament".
He stated card players can earn points while playing cards during the week, with the 16
highest point earners each week qualifying for the tournament. $400.0O,per tournament
is offered with the winner receiving $200.00.
Police Chief Stefanie read from State Statutes which said the prize limit per game is
$10C1.00 and games cannot be combined to exceed this limit.
City Attorney Neier reported be could not sanction the game without a court test and
the Card Games Act is in the venue of District Court. Both he and Chief Stefanie agreed
they would abide by any County Attorney's opinion written in regards to the game.
Mr. Frampton agreed to limit his prize amount to the $100.00 while he attempts to get a
County Attorney's Opinion on the card game tournament.
Chief Stefanie then asked him.to explain the Video Reno Tournament, which he did. This
tournament provides $800.00 in prizes with 60%, or $480.00 given to First Place, 25%,
or $200.00 given for Second Place, and 15% or $120.00 provided for Third Place.
Chief Stefanie stated he thought this tournament also violated the requirement of the
$100.00 limit.
After lengthy discussion, Councilman Grainger requested the prizes be kept his prizes
' within the limit of $100.00 per person. Mr. Frampton agreed and said he would talk to
the County Attorney and seek his opinion on the legality of the Tournaments.
Chief Stefanie questioned whether the tournaments vioilated the moral issues of the
City Gaming Codes and said he wanted to keep gambling as clean and uncomplicated as
possible in the best interests of the city. Frampton responded he had spent a lot of
money to make the Casino look nice, intended to be in business a long time and didn't
want any problems. A f6--�
Ed Kennedy, Mayor
ATTEST:
Don Halver, Clerk/Treasurer