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08/04/86 City Council Minutes431 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY AUGUST 4, 1986, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMAN PALMER WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Nystul moved the minutes of the July 21, 1986 regular meeting be approved as presented. Councilman Schindler seconded and the motion carried. Councilman Ruiz appreciated the detail in the minutes and requested this be continued in the future. PUBLIC HEARING - Land swap Mayor Kennedy opened the Public Bearing on the City's intent to trade certain real property owned by the City of Kalispell for property owned by Flathead School District #5. He called for proponents and opponents and, there being none, declared the public hearing closed. BID OPENING - Sale of Garbage Trucks. Clerk/Treasurer Halver opened a bid received from Northwest Diversified of Box 692, Kalispell. They bid $589.00 on the 1971 Truck, $889.00 on the 1976 Truck, and $39.00 for the Stock Pile parts for the 1971 truck. Councilman Saverud moved the bid be referred to the Public Works Committee with power to act. Councilman Nystul seconded. ADDRESSING THE COUNCIL Burger King Gene Atherton, representing Art Weaver, owner of Burger King, addressed the Council. Mr. Atherton reviewed the history of the parking lot. He reported the Burger King intended to put in Sidewalks and Curbs to city standards. He requested the three obstacles, two overhead parking lot lights and a sign, be allowed to remain. He stated the obstacles are just barely in the city right-of-way and do not interfere with sidewalk traffic. He requested they be allowed to remain if they are not in the curb out and do not interfere with the sidewalk. The obstructions are on the Second Ave. W.N. Side. Councilman Nystul explained the city has established policies and they should be adhered to. Mayor Kennedy referred the request to the City Attorney and then to the Public Works Committee. Friends of Lawrence Park David Downey presented a proposal for the development and improvement of Lawrence Park, accompanied by photo slides and gave copies of the proposal to the Council. (Copy on file with the City Clerk/Treasurer) Proposal Summary: Stage 1. Clear, landscape and reseed the large open area. Provide informal playing fields and relocate and pave road. $88,000 Stage 2. Build picnic area and restrooms adjacent to river. $38,000 Stage 3. Build access from Whitefish Stage and picnic pavilion. $88,000 Stage 4. Build parking area and limit access to old Lawrence Park. $11,000 ' Stage 5. Restore Old Lawrence Park. $15,000 Stage 6. Build tennis courts and jogging trails. $75,000 Engineering and contingencies $15,000 Project total $330,000. Dr. Downey asked the Council to commit to making it an improved park. Councilman Manning asked if the problem with the fill in the wetlands had been cleared up. Wally Wilder said the Corps had looked at the area on May 12 and determined it was prime riparian habitat and no filling could be done and asked if any filling had been 432 done since 1977. Peiter contended the fill was not within the floodplain and was there prior to the deadline. Dr. Downey said the plans had been reviewed by the controlling agencies and they had no negative comments on any of the proposals. Councilman Manning reported the committee has not met yet on the proposals. Stabilization of the gravel hill was discussed but it was concluded it was the City's responsibility to fix and should not be contingent upon the development proposals. Councilman Manning spoke in favor of developing in the order of Stages 1, 4 and 5 first. Pieter Drent said the open area should be leveled and seeded regardless of whatever is done. Councilman Manning said Woodland Park is fully developed and we need to start developing another major park. Councilman Ruiz spoke against the bridges giving access to Whitefish Stage and giving access to non -city residents. He said we have more than enough parkland for the city residents. Councilman Schindler pointed out the city doesn't have funding available. Dr. Wilder replied they needed the commitment from the city before they could pursue other fundng options. Councilman Schindler moved the City Council give its support to the "Friends of Lawrence Park" to try to make this project work. Councilman Manning seconded for discussion purposes. Councilman Manning suggested perhaps a resolution of intent would be more in order and would provide more control by stating what staging would be performed. He felt a motion of endorsement gives too much latitude. Councilman Schindler withdrew his motion and Councilman Manning withdrew the second. Councilman Manning moved to call for a resolution of intent to allow the "Friends of Lawrence Park" to pursue the staging of developing the Lawrence Park area in stages that would be agreeable to the Parks Committee and the Council. Councilman Schindler seconded the motion. Councilman Nystul moved to amend the motion by inserting "subject to the approval and recommendation of the Parks Committee with a resolution of intent to properly stage and outline this project." Councilwoman Hafferman seconded the amended motion. The amendment passed and the amended motion carried. No one else requested to address the council. C014MITTEE REPORTS: ANNEXATION Ordinance #1083 Councilwoman Hafferman presented Ordinance #1083, an Ordinance to annex the Kalispell Motel Addition #195 and moved it for first reading. Councilman Schindler seconded and the motion carried upon roll call vote. COMMUNITY DEVELOPMENT & PUBLIC WORKS - No Report PERSONNEI. & POLICY ' Ordinance #1081 Councilman Grainger moved second reading of Ordinance #1081, an ordinance setting the salary of the City Judge. Councilman Schindler seconded and the motion carried upon roll call vote. Firefighter First Class Councilman Grainger moved the appointment of Patrick Buls to the position of Firefighter First Class effective July 21, 1986. Councilman Schindler seconded and .the motion carried. Fire Marshall Councilman Saverud moved approval of Mayor Kennedy's appointment of Ted Main as Fire Marshall effective August 4, 1986. Councilman Grainger seconded and the motion carried. 433 1 Shift Captain Councilman Saverud moved approval of Mayor Kennedy's appointment of David Mayhew as Shift Captain effective August 4, 1986. Councilman Grainger seconded and the motion carried. Lieutenant Councilman Saverud moved approval of Mayor Kennedy's appointment of Arvin "Tech" Mower to Lieutenant effective August 4, 1986. Councilman Grainger seconded and the motion carried. Acting Assistant Fire Chief Councilman Saverud moved Ted Waggener be appointed acting Assistant Fire Chief while Assistant Chief Roger Bowman is on extended sick leave. Councilman Grainger seconded and the motion carried. Chief Larson explained Waggener's Captaincy would be filled on a temporary basis per the union contract. Firefighter Trainee Councilman Saverud moved Chief Larson be authorized to advertise the position of Firefighter Trainee, Councilman Grainger seconded and the motion carried. Resolution #3675 - League Insurance Councilman Grainger moved repeal of Resolution #3675, Councilman Schindler seconded and the motion carried upon roll call vote. Councilman Grainger reported we have secured most of our coverage locally. Group Health Insurance Councilman Grainger moved acceptance of Renewal of our Blue Cross Insurance for another year. The insurance would be a "Cost Containment Coverage" and would cost the same as last year. Councilman Schindler seconded. Councilman Nystul asked if we had Clerk/Treasurer Halver will find out. The motion carried. any cash reserve like the previous year. Liability Insurance Mayor Kennedy pointed out our General Liability insurance is only covered until September 1, 1986. Councilman Grainger moved the Personnel & Policy Committee be given power to act to secure General Liability Insurance. Councilman Schindler seconded and the motion carried. Working on Private Vehicles Councilman Grainger reported the committee agrees with the Mayor's policy of not allowing washing or repair of private vehicles in City Buildings. The Mayor agreed to strike the words "without written permission of the Mayor". Handbill Ordinance City Attorney Neier reported the confusing language in the ordinance has been cleared up. PUBLIC WORKS Ordinance #1084 Councilman Ruiz presented Ordinance #1084, an ordinance amending Chapter 11, Kalispell City Code, repealing portions of the code inconsistent with Side -arm Loader technique, etc., and so moved. Councilman Nystul seconded. Councilman Nystul brought up some inconsistencies and City Attorney Neier agreed to correct them before second reading. The motion carried upon roll call vote. Paving of Fifth Avenue West Councilman Ruiz referred to the cost savings analysis presented by the Director of Public Works and reviewed the figures. The committee recommends the City Street Department do the paving. Councilman Ruiz moved the Council authorize the Public Works Director to proceed with the concept of the City Street Department doing the paving of Fifth Avenue West. Councilman Schindler seconded. 434 Ken Hammer figured on a seven man crew to take about 15 days and hopefully start August 22. The council concluded there would be about $37,000 left in the Construction Budget if the City does the paving. The question was called and the motion carried. SEWER & WATER Councilman Nystul reported the committee had met with representatives of two engineering firms to discuss the 201 Facility Plan. Nystul also reported there will a Phosphorous hearing before the County Commissioners Friday. PARKS & PUBLIC LANDS - No Report FINANCE & ADMINISTRATION Approve Claims Councilman Nystul moved the claims found in order by the committee and listed in the approval list be approved as presented. Councilman Schindler seconded and the motion carried. PUBLIC SAFETY Parking - Third and Fourth Avenues East Councilman Schindler reported the committee recommends allowing parking on both sides of Third Avenue East between Third Street East and Second Street East as well as allowing parking on both sides of Fourth Avenue East between Center Street East and First Street East. He so moved, Councilman Grainger seconded, and the motion carried. Stop Sign - Claremont & Conway Schindler reported the committee recommends approval of a stop sign stopping northbound traffic on Claremont Street at the intersection with Conway Drive. He so moved and Councilman Saverud seconded. Councilman Nystul asked for a yield sign instead. He felt we were giving precedence to I a private drive over a street. The motion carried with Councilman Nystul opposed. Ordinance #1085 Councilman Schindler moved adoption of Ordinance #1085, an ordinance amending Section 17-4 Kalispell City Code, by prohibiting Railroad Trains from blocking Railroad Crossings for more than five minutes at all crossings within the City of Kalispell. Councilman Grainger seconded. Councilman Nystul asked why we were granting crossings at the streets entering the backside of the mall. Schindler reported the intent was to control all crossings. The motion carried upon roll call vote with Councilman Nystul voting no. Obstructing signs Councilman Schindler reported there is more research to be done and the committee is not ready to take action yet. MISCELLANEOUS Mayor Kennedy reminded all of the Budget Workshop Tuesday August 5, 1986 at 4:00 PM., and the Budget Hearing Wednesday August 6, 1986 at 7:30 PM. The next Council Meeting will be August 11, 1986, at 7:30 PM., and the August 18, 1986 Council Meeting is cancelled. The meeting was adjourned at 9:50 PM. Approved as corrected September 2, 1986 Ed Kennedy, MgLyor ATTEST: � Don Halver, Clerk/Treasurer