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
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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.
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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.
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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