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07/21/86 City Council Minutes424 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, JULY 21, 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. APPROVE MINUTES Councilman Nystul requested a correction: identifying the river as "Flathead", Line 1, second paragraph, Addressing the Council. Councilman Schindler moved approval of the July 7 minutes as corrected. Councilman Nystul seconded and motion carried. PUBLIC HEARING Reinhold Linder Zone Change Request Mayor Kennedy opened the public hearing on the zone change request. There were no opponents and the hearing was closed. CITY OFFICIAL REPORTS Treasurer's Report June Police Chief June City Judge June Building Official June Councilman Grainger moved the city official reports be approved as presented. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL Tommie Davis, 1044 Fifth Avenue West, addressed the Council requesting a 15 MPH speed zone in Fifth Avenue W. construction area, a four-way stop at Fifth Avenue W. and lltb Street, and a dust coat to the alleys in the area. Mayor Kennedy referred the request to the Safety Committee. George Darrow introduced his wife, Dorothy, who read their letter protesting the extension of First Avenue W.N. for Dr. Johnson. The Darrows oppose the private road being opened for general traffic. They searched records on this date and found that Dr. Johnson has only 12' of property, the other 8' of -the road belongs to the Darrows. Discussion of ownership..of the 81, as well as weed problems on the Johnson property. C. Ruiz stated that we were where we were 6 weeks ago, it was thought that we could close the road off, Johnson owns the 12' but if the City doesn't own the 8' as previously thought had been deeded over by Pete Larson, then the City has no authority. C. Palmer said that if we don't have an approved site plan for access to commercial property -if we have any authority that is where it is. C. A. Neier stated that we have no authority over the private driveway if it is owned as the Darrows indicate. C. Ruiz stated that all have agreed that the street is not designed to handle the traffic of a commercial development. There is no reason for the road from Sunset Plaza to be there now. C. Nystul stated that we have a legal question about the 81, if we dont have jurisdiction over the 8' we can't do anything. Legal researching must be done. He suggested that Mr. Johnson be asked by Mayor Kennedy to put up a temporary snow fence. Darrow stated that if city needs 8' to act, he will deed the 81, but he definitely wants the road closed to any traffic. Mayor will set up a meeting with Dr. Johnson and his attorney on July 22. 1 425 C Palmer said that it was the consensus that the Council does not want the Glacier Complex traffic entering Wyoming on that particular intersection, however that could be accomplished. Mr. Darrow pointed out that 15 or 20 people are against the traffic situation; Dr. Johnson is the only one who wants it. Several on the Council want the road closed, why cant it be done? Mayor Kennedy asked for a day or so to work on the problem. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT Resolution 3674 s Change Order #1, Old Fire Hall Renovation Councilman Saverud reports a request from the Building Official for a Change Order, total cost is $1,074: $720 for slab demolition, $250 for closet in Survvor's Office, $14 insulation, $280 for moving electrical meter base from inside to out. A credit of $100 has been received i'oc ue;"oiition work done by City crews, $90 credit for use of city jacxnaiawer. Saverua stated that this was included in the proposed new budget and moved that it be Adopted as Resolution #3674. Seconded by Councilman Manning, roll call vote, motion carried. Appraisal Proposal for Block 71: Councilman Saverud announced that in working on Block 71 west side park project, proposals were solicited from 6 or 7 local appraisal firms; two were received. One was from Roger Jacobson in the amount of $5,200, who could begin work in mid -October, another from Lloyd Berry, $11,900, with work to start August 15. The committee reviewed both proposals, found the timing not to be that critical and Councilman Saverud moved that we contract with Roger Jacobson for the appraisal work on Lots 1 through 6, Block 71, K.O. Seconded by Councilman Manning. After discussion of completion date, etc. Motion carried. Proposal to Review Change in Tax Increment Value: Councilman Saverud advised that a significant drop caused by the reappraisal cycle change in the Tax Increment Value has occured._ Last year when increment bonds were sold, a CPA opinion was needed on the increment district; Tom Torgerson was hired for this review; both historical and projected schedules of the increment were: provided. Every year the actual taxes received were lower than the'anticipated income in that district. Anticipated revenue for 1986-87 was $580,723.00, based on figures received from the County Assessor at this point, it appears that the actual figure will be around $375,000.00. We have adequate funds to defray our bond costs, approximately $250,00.00 so minimum needs are in order, but a question is raised relative to planning other projects what our sources will be in the future and all concerned are questioning the drop in funds. The committee and staff both recommend that Torgerson be hired for a follow up review, but City Clerk Halver felt that this may be premature and the needed answers might be available from the State Department of Revenue and the County Assessor. Councilman Saverud questions the credibility of new figures more than the first set they generated and moved that the Mayor be authorized to contact the Department of Revenue regarding the assessment and that we contract with Tom Torgerson for a review at a $40 per hour rate plus expenses not to exceed a total of $3,000.00. Seconded by Councilman Schindler for discussion, but spoke against hiring Torgerson. He felt that ' Mayor Kennedy could have the investigation continued. Saverud felt it unwise to plan projects based on faulty assumptions and says it is appropriate to have an unbiased opinion on the process. Discussion on city staffing being able to conduct the investigation. Some areas were not included in the district at last calculation. Location of mall discussed. Legal opinion needed -problem of making improvements only to have them devalued. CDC Director Gallagher reported briefly on tax increment valuation. Councilman Palmer moved to table the motion until such time as the city gets a report back. Seconded by Councilman Palmer. Request for Application Industrial Development Bonds, Immanuel Lutheran Home: I 426 Councilman Saverud referred to two letters from Montana Economic Development Board pertaining to the Lutheran Home's application for bonding for 7 million dollars. This to refinance the $605,000 outstanding that the City endorsed for them several years ago and acquisition of almost 5 acres of land to build a 100 bed facility for the elderly. They are not making application through us but we may hold a public hearing and make recommendations to the Board. Based on past reviews of Pool IRDB's and in each case declining the public hearing privilege, Councilman Saverud moved declination of the request and notification of same to the Board. He explained that a hearing would be held in Helena on July 24. After _ discussion, Councilman Manning seconded the motion, which passed with all , voting aye. PERSONNEL & POLICY Resolution of Intent to Join League Liability Insurance Pool: RESOLUTION NO. 3675 Councilman Grainger announced that the City Clerk advised that we will not be able to secure private insurance and with that moved that Council authorize participation in the Liability Risk Protection Program of the Montana League of Cities & Towns. Seconded by Councilman Saverud. Grainger defined the coverage, said only choice was this program or no program, premium was explained and after discussion, passed with all voting aye on roll call vote. City Judge Salary: ORDINANCE NO. 1081 Councilman Grainger gave first reading of the ordinance making the position full time, the court clerk position half time and setting the judge salary at $18,000.00 per year. He moved adoption of the ordinance, seconded by Councilman Schindler. City Attorney Meier explained the process of amending a portion of Article 6 of the city code, discussion followed. Councilman Ruiz asked why this isn't part of the Salary Ordinance and when it would become effective. He questioned the 30 days after final passage when all other employees have to wait until the Salary Ordinance is passed. He wondered why this ordinance was drafted. Councilman Nystul explained that it was moved at the last meetin& to have the City Attorney research and draft an appropriate ordinance. He feels there is good logic in updating code book and feels the resolution is a solution to acting contrary to statute with salary changes prior to passage of salary ordinance. Councilman Ruiz stated that he wants this ordinance to remain, the code book can be amended but the ordinance in its entirety should remain an ordinance to govern the court position. He feels that the previous ordinance does not really speak of how many hours, whether a full time position, etc. Meier stated that certain sections of the ordinance would be codified or cross referred. This will apply until the expiration of the present Judge's term. Roll call vote, all voted aye, motion carried. City Attorney Meier reported that he is re -writing the Handbill Ordinance. PUBLIC WORKS Garbage Ordinance: This was postponed until Council members have a chance to study it further after the committee reviews, per Councilman Ruiz. Reject Tire Bids: Councilman Ruiz reported that the committee, with power to act on the tire bids, found legal problems on the bids received and had rejected all bids. This will be turned back over to the City Clerk -Treasurer and the Mayor to solicit bids without Council action. Excavation Bids: DPW Hammer explained that this was authorized in committee but apparently never brought to the Council floor. After much discussion, it was decided that any project in a particular given area that. would exceed $10,000 in excavation would have to be called for bids. This was not for a particular project but to have available as needed. Councilman Manning stated that 427 there have been recent discussions whether the city should be in street reconstruction and Mayor Kennedy would request the Public Works Committee to recommend a policy on whether the city should be in street reconstruction or only in maintenance. He was requested to report back by the July 21 meeting. Councilman Manning moved that the City of Kalispell reorganize its Street Department and adjust its approach to street reconstruction: Bid out all street reconstruction; adjust the manpower of both permanent full time and part time employees to provide the city with top quality maintenance in the city streets. Seconded by Councilman Palmer, who pointed out that it was important to see a direction of what the city plans on doing and not doing, He supports that theory but it must be defineg. Councilman Manning explained his reason for bringing to council , to support increase in manpower and equipment, a direction should be addressed as our streets are in horrible condition. Councilman Ruiz stated that it comes down to a matter of money available for what must be done. Council changes have to be considered for policy continuity; the last three Public Works Directors have said we were capable of doing street construction. DPW Hammer contended that the 100 blocks of reconstruction done in the last three years couldn't have been done by private contractors with our budget. It was decided a couple of years ago by Council that the city would save money by. staying in the street reconstruction business. Councilman Saverud said the doesn't know for a fact that the city can do it cheaper, a decision must be based on evidence and he wants to see comparisons. Councilman Palmer stated that DPW Hammer has done an excellent job with the resources he has had to work with, but regarding the motion just read, we have limited dollars and a decision must be made on how to maintain what we have. One of the choices the motion would address is whether or not a massive SID or district SID or block owner's SID. Councilman Nystul suggested that we consider the last few years and months. The concern we should reflect upon is the 11 weeks it took to reconstruct two blocks on 5th Ave W.N. He feels data is available to make reasonable comparisons on city/private reconstruction and there is a need for some management consideration and direction. He also feels that DPW Hammer has given us a good start on the reconstruction program: more blocks have been reconstructed in the last 3 years' than perhaps the last 37 years! The decision must be made before the budget is adopted on direction and how much reconstruction and how much maintenance. Councilman Ruiz suggested a good comparison would be the asphalting of Fifth Avenue West, we could call for bids and Public Works could budget city cost. His biggest concern is the amount of time taken, we are hampered by manpower. Councilman Schindler agrees with philosophy on council/policy changes but feels that department heads are hired with expectation of their expertise and trying to second guess them gets us nowhere. We should back our department heads. Councilman Manning stated that DPW Hammer has asked for input from the Council and feels this gives a good idea of philosophies. He moved to table his motion until enough data and discussion have been generated to make a ' good, firm commitment for the city. Seconded by Councilman Palmer. All voted aye, motion carried. Councilman Ruiz asked for a date for going to bids on asphalt on Fifth Avenue West. DPW Hammer said he would keep a close look and try to schedule according to contract. Councilman Ruiz moved the the Public Works Director be authorized to call for excavation bids as the need arises in street reconstruction. Councilman Nystul seconded, all in favor, motion carried. WATER & SEWER Councilman Nystul reported on the Compliance Schedule for the WWTP submitted to the Water Quality Bureau. This has been accepted and committee 428 recommends the Council approve the Compliance Schedule. The Water/Sewer Superintendent should draft a request for qualification for an environmental engineer so that we can proceed immediately with solicitation to get other ideas of how to meet the discharge permit. We are getting into a 12 month study, then will be expected to adopt an alternative. He moved that the Council formally adopt the Compliance Schedule for the discharge permit at the WWTP. Seconded by Councilman Schindler. All voted aye, motion carried. PARRS & PUBLIC LANDS Lawrence Park Road Closure: Councilman Manning reported that the Parks Director was authorized to close off the entrance,of Lawrence Park. Complaints have been received on this. Toe proposes a one month gate closure as it now exists. He moved that we direct the Parks Director and Chief of Police to work out an open/close schedule for the existing gate for one month and report back to Council. Seconded by Councilman Schindler. Discussion followed on procedure for patrolling the area. Pieter Drent explained past experiences and recent vandalism. Question called. All voted aye. Motion carried. Griffin Park: Councilman Manning stated that the issue brought before the Parks Committee last week dealt with working out something with the Parking Commission. CDC Director Gallagher reported on the status of this proposal. A site plan will be brought back to the Council for the parking. The Parking Commission and FVCC will be working together on the feasibility of the college using at least a portion of the parking area, which must be a public parking lot. Councilman Manning referred to a proposal of development costs for the baseball field, total $288,710 estimate and a map of the proposed Legion field which would be Griffin Park in a package deal. There will be a Parks Advisory Committee meeting on Tuesday and Manning will present the proposal to them also. While research is being done, the City Attorney can draft a resolution of intent to sell Griffin Park to the Parking Commission. This can be acted upon at a future meeting. City Attorney Neier explained a selling listing plan. Since it was unsure if the Council was interested in this proposal, Councilman Manning moved to direct the City Attorney to draft a Resolution of_ Intent to sell Griffin Park to the Parking Qommission. - Seconded by Councilman Nystul. Councilman Manning asked if Council was in agreement that Councilman Palmer can list both this and the airport parcel for sale through multiple listing and get started. No one disagreed. Larry Schultz expressed concern that we are farther from a prime ballfield complex than before, yet are considering other expenditures. Discussion of necessity to sell park before anything can be done, construction costs. Question called. All voted aye. Motion carried. Councilman Manning announced a Parks Advisory Committee meeting on Tuesday, July 22, 1986 at 7:30 P. M. Mayor Kennedy announced a five minute break. Meeting resumed at 9:55. FINANCE AND ADMINISTRATION Resolutions on SID's: Councilman Palmer stated that the committee has not reviewed SID transfers and asked for explanations. This was passed until next meeting. Approve Claims: I Councilman Palmer moved that all approved claims be paid, seconded by Councilman Nystul. All voted aye, carried. Report on Award of Fuel Bids: Councilman Palmer reported that the bid was awarded to City Service. Councilman Palmer deferred the Preliminary Budget discussion until later in the meeting. ANNEXATION, ZONING & BUILDING REGULATION ORDINANCE NO. 1082 Reinhold Linder Property, First Reading Councilman Hafferman read Ordinance #1062, to amend Section 501 Official Zoning Map and moved that the section be amended, seconded by Councilman 429 Manning. Discussion followed, City Attorney explained spot zoning, FRDO approved the zone change request contingent upon it not being spot zoning. Neier states that Mr. Lindner has followed all of the required procedural points. Councilman Schindler spoke against the ordinance, he would prefer to see the area remain commercial and he is opposed to the extensive impact on the intersection at Seventh and Idaho. Question called. Roll call vote. Councilmen Ruiz, Schindler and Hafferman voted no, all other council members voted aye. Motion carried. PUBLIC SAFETY Councilman Schindler announced a Safety Committee meeting to be held on Thursday, July 24, 1986 at 8:30 A.M. FINANCE & ADMINISTRATION - CONTINUED Preliminary Budget: Councilman Palmer asked what happens if the budget is not approved at this meeting. He was told that the statute calls for council action on preliminary budget on or before July 25th for acceptance or denial. He asked what happens if it is not accepted. City Attorney Neier stated that the Clerk is charged with showing generally the estimates of revenues and disbursements for the various city departments for the ensuing fiscal year, and also for showing the Council the receipts and expenditures for the past fiscal year. These tabulations must be submitted to the City Council on or before July 20 of the budget year. The Council, by, on or before July 25 is charged with making revisions, deductions and additions or changes that they deem advisable. Once this has been done the tabulations constitute the preliminary budget of the city. Public hearing follows this on the second Monday of August. Councilman Palmer stated that he had some questions on the budget: ' Discussion of the animal warden: Councilman Ruiz wanted clarification of full time dog catcher with partial salary payment from Garbage funds and the inherent audit problems. Palmer questioned Central Shop figures being compatible with those of DPW Department and mentioned the addition of a new mechanic. Councilman Grainger replied that this had not gone through the Employment Committee and that hiring would have to go through that committee. He didn't think this Council could ever straighten out the budget: we have eight guys and a Mayor going nine different directions. He goes through other committees, yet we hire people without question and it never comes to the committee, who wasn't even asked if another mechanic was needed. Palmer asked if department heads had seen the final figures of the preliminary budget, they hadn't. Briefly going through the budget,realistic building permits figure, anticipated traffic revenue reduction of v16,0e0- yet in the same budget another $5,000 for legal aid in family disturbances, why are we involved in this? is it an obligation we have to take on, whose decision was it, airport land sale, payment in lieu of parks revenue, tax increment, police/fire recorder, deficits and anticipated revenues were some of the items under discussion. The budget does not reflect salary, longevity only. Councilman Palmer mentioned protested and residual values on delinquent taxes, capital expenditures when Revenue Sharing is depleted, comp time liability, practices and policy, were items that must be addressed. Mayor Kennedy stated that he and Don Halver were asked what they were going ' to do when Revenue Sharing was no longer available, he asked the Council what they were going to do; he isn't sure it is all their problem. He was told that the Council just set policy, that is why we have administrators, by Councilman Ruiz. Mayor Kennedy stated that he thought it would be best if everyone worked together. Councilman Palmer stated that he had written a memo on March 5 suggesting that department heads work up budgets, go through committees, and have the budget well worked over when it went to Council. The City Clerk was asked at the same time to standardize the budget process, instead we have unnumbered pages and individual memos from department heads. The Council wanted to be involved in the process, nothing came back, now they have to become involved. He set a half day budget meeting for Wednesday, July 23rd, at 7:00 A.M. until noon. Councilman Ruiz stated that he could not approve this preliminary budget, it 430 is too far out of line. This is the worst shape we have been in that he could remember with deadline, he has many questions on the budget, figures that have never been discussed. Councilman Saverud stressed that the budget be discussed with each department head. Ruiz asked where we are with negotiations, he asked that everything be done before July. He was told by Grainger that one union is tied up, the other two unsettled. Councilman Ruiz asked about several items including those of Office Supplies, Printing, Machinery/Equipment not being budgeted in the Mayor's budget. If they were legally encumbered, what is the sense of having a budget, how could these items be bought when they were unbudgeted. Halver replied that the power of budget transfer was being used --which is not different than the Council spending $879 fqr a mediator on Martin Luther King Birthday or $975 for the , negotiator --which were not budgeted. Ruiz stated that the latter was authorized by the Council. Councilman Nystul explained that the Mayor's budget was exceeded, but he didn't think there was much excitement when the Crime Control Salaries budget was exceeded. Ruiz stated that all office supplies were taken out of every budget, which went into the Clerk's budget. He would like an accounting of those expenditures. He then asked who would make the budget changes with the City Clerk being gone on vacation. Mayor Kennedy announced that on August 6th a formal budget hearing will be conducted in the Council Chamers at 7:30 P.M. A special council meeting will be set on August 11th to adopt the final budget. 141SCELLANEOUS Mayor Kennedy announced that the County has recommended a change in the Interlocal Agreement, regarding the way they select a representative for CAB. In the past it this was done by County Commissioners Chairman, now a member to be appointed by Board. Approved by CAB now asks for Council approval. Councilman Nystul moved to adopt the change, seconded by Councilman Grainger, all voted aye, carried. Councilman Grainger moved to adjourn, seconded by Councilman Palmer. The meeting adjourned at 11:17 P.M. Approved as presented August 4, 1986 / Ed Kennedy, Mayo , AT/TEST: Don Halver, Clerk/Treasurer Markie Sabol, Recording Secretary