09/02/86 City Council Minutes442
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. TUESDAY
SEPTEMBER 2, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED.
ALL COUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Regular Meeting of July 21, 1986
Regular Meeting of August 4, 1986
Annual Budget Hearing August 6, 1986 and continuation on August 11, 1986.
Special Council Meeting of August 20, 1986
Councilman Nystul requested the Minutes of August 4, 1986 be corrected to show that he
voted against Ordinance #1085, not Councilman Manning. Councilman Nystul moved the
minutes be approved as corrected. Councilman Grainger seconded and the motion carried.
PUBLIC HEARINGS:
Royal Pines Annexation.
There were no proponents or opponents.
Kienas Addition Annexation.
There were no proponents or opponents.
BID OPENINGS:
General Excavation Bids
Bidder: Bond: Alt #1 Alt #2 Alt #3 Alt #4
LHC Inc. 10% 79.00/hr. 119.00/hr. .85/cu.yd. 2.06/cu.yd.
Lie. # 5459A
McElroy & Wilken $39,216 67.00/hr. 173.50/hr. .93/cu.yd. 2.28/cu.yd.
Lie. # 3529A
Pack & Co. 10% 95.00/hr. 143.00/hr. 2.00/cu.yd. 4.00/ou.yd.
Lie. # 2760A
Councilman Nystul moved the bids be referred to the Public Works Committee with power ,
to act. Councilman Grainger seconded and the motion carried.
Third Avenue East Water Main Extension Materials
Bidder Bond Amount
Waterworks Industries Inc. 10% Bid Bond $ 23,447.85
Western Utilities Supply 10% Cashier's Check 22,546.48
Northwest Pipe Fittings Inc. 10% Bid Bond 23,625.21
Councilman Nystul moved the bids be referred to the Public Works Committee with power
to act. Councilman Grainger seconded and the motion carried.
ADDRESSING THE COUNCIL
Mrs. Norman Schappacher, of 803 6th Ave. E. stated she thought the new garbage cans
were horrible looking. She also asked if it is possible to get one of the smaller
cans.
Councilman Palmer told her the pick up arm on the truck has to be changed when the
smaller cans are being picked up.
Mrs. Schappacher asked when Third and Fourth Aves. East would be fixed up. DPW Hammer
said some portions are scheduled for next year.
No one else asked to address the council. '
COMMITTEE REPORTS:
PARKS & PUBLIC LANDS
Resolution #3685
Councilman Manning presented Resolution #3685, a resolution authorizing the Mayor to
execute and deliver documents for the trade of City and School District #5 properties.
He explained that one-half block of property at Peterson School would be traded for 3
lots on South Woodland Drive.
He moved passage of the resolution and Councilman Palmer seconded. Councilman Nystul
pointed out the public hearing date referred to in the resolution should be corrected
to August 4, 1986. The motion carried upon roll call vote.
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1
Begg Park
Councilman Manning stated there was a group wishing to address the council and asked
Mayor Kennedy to conduct the discussion.
Jerry Begg said he was one member of a group interested in developing Griffin Field and
a park facility at Begg Park. The group has prepared a six phase plan for development.
Phase I. Playing Field
Phase II. Lights, Scoreboard & Electrical
Phase III. Lift Station
Phase IV. Bleachers Etc.
Phase V. Landscaping
Phase VI. Building
TOTAL
$ 66,036
68,100
10,000
55,600
10,000
81,600
$ 291,336
The primary concern is Phase I and there is an urgency to get that going so the
facility would be ready for play next year. Begg asked it they could count on council
support and could they get funding for the first Phase.
Steve Olson, President of Norwest Bank and a Legion parent, said the bank would be
willing to take a mortgage position on Griffin Park until it sells. He suggested the
City doesn't overmortgage the property. He also asked the City to find out what the
Glacier Park Company has in mind for the adjoining property.
He stated they would be willing to capitalize the interest on the mortgage over a
two year period. He would require the council to commit to begin reducing the price on
the land if after two years it has not sold.
Councilman Ruiz asked Jerry Begg what the group is asking the council to do. He said
they are looking for some way for Phase I to be funded. One method would be to mortage
the property.
Ruiz and Begg agreed they were asking that the city provide the financing.
Begg said he understood the American Legion has discussed the possibility of selling
some of their property, worth about $70,000, to fund Phase VI.
Gordon Pirrie, representing the Parking Commission, said the Commission is willing to
buy old Griffin Field or loan money to the city and use the property for a parking lot.
They do not feel it is a good long term location for parking. If they purchased
the property they would continue to try to find a buyer for the property.
Councilmembers Hafferman and Schindler objected to one agency of the City spending
money to buy property which already belongs to another agency of the City.
City Attorney Neier said he had come up with some options available to the City. The
best choice would be to sell the property to someone and use the proceeds for the
development of Begg Park.
A second possibility would be to work with the Parking Commission. Neier also felt it
may not be proper to use the Parking Commission funds to buy City property.
The second best possibility, from a legal standpoint, would be to mortgage the
property.
Steve Olson suggested enough money be provided for Phase I to include funding to clear
off and clean up Griffin Park to make it more saleable.
Gordon Pirrie stated Burlington Northern was willing to allow temporary parking on
their land north and east of the old depot.
Henry Good said he had one objection. The only objective study done on the City's
parking needs showed the area of most need for parking was the southeast area of the
business district and that area should be considered for more parking first.
Councilman Schindler asked why they can't continue to play next year at Griffin Park.
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Steve Olson said he understood Glacier Park Company plans to clear off their portion of
the ballfield which includes the area of the bleachers and north to the left foul line.
Olson said he knows Glacier Park Company has plans which they are not ready to disclose
which have a time frame of clearing the land in 1987 and construction in 1988.
Councilman Nystul suggested the proposal be referred to the Parks Committee.
Larry Shultz said they have been working on this for three years and it is time to get
moving. The $66,000 is the bottom line of what is needed to get a field which will be
playable next year. He said 30% of the sod cost was being donated and there is a
possible 25% cost savings on the construction.
Councilman Manning reported the city has spent $122,341.52 already on this project of
which $18,000 must be paid back to the parks budgets right away and another 30,000 must
be paid back when the Griffin Park property is sold. The parks department has the
authority to go ahead and seed Begg Park if an organization has not been formed to take
over the operation and development of the complex.
Councilman Palmer asked if the City could convey title of Griffin Park to an
organization or association to pledge for a mortgage. Neier said the property would
have to be sold to them.
Councilman Saverud asked who will manage and operate the new facility after it is
finished.
Manning said the concept was for an organization to manage all baseball in the city.
Saverud pointed out our present budget situation will not allow us to afford to operate
Begg Park after it is finished. He asked if the Land Assemblage budget in the Tax
Increment Fund could be used for this project.
City Attorney Neier said this was considered but the problems would be the same as
using the Parking Commission Budget to do this.
Councilman Nystul moved the matter be referred to the Parks Committee to report back at I
the next council meeting. Councilman Schindler seconded.
Councilman Ruiz spoke against the motion; it is time to act and the bottom line is
whether or not the city is going to go for the project and stop giving the people false
hope. He said the proposed budget plus what has already been spent would exceed
$400,000 and that is more than the sale of Griffin Park can be expected to bring. We
have committed to using the proceeds of the sale of Griffin Park and he doesn't want to
spend any more until it sells.
Councilman Nystul said the purpose of his motion was to allow for development of
detailed plans and specifications behind the six phase proposal.
Councilman Ruiz said we should decide now whether we are going to spend any more money.
Councilman Grainger felt the costs are already determined.
Councilman Manning said we should give an organization power to create bylaws and begin
to seek funding, etc.
Steve Olson asked if some of the money spent was for the benefit of the South Meadows
Subdivision. It was explained the land was given in exchange for City Services
extended to the development. The value of that was $70,000.
Councilman Schindler withdrew his second and Nystul withdrew the motion. '
Larry Schultz asked why the City could borrow from the Water/Sewer Departments and the
Parks Department and won't borrow to provide the addtitional $66,000.
Businessman Guil Halket asked why the City should be expected to build the field, why
not solicit donations from the community and have the community build it.
Councilman Manning suggested an association be formed to draw up bylaws, get their
parameters approved by the city and pursue financing.
Councilman Manning moved the council authorize the formation of a baseball association
to draw up the bylaws and report back to the Parks Committee who will bring it to the
council. Councilman Schindler seconded.
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The motion carried upon roll call vote with Councilwoman Hafferman voting no.
Councilman Ruiz repeated the point that $120,000 had already been spent and would be
repaid before the Griffin Park proceeds could be spent on the rest of the project.
Ken Hammer objected to the $120,000 being assigned to Begg Park when much of the City
Service extension costs will benefit future development in the area.
Councilman Saverud suggested the Mayor and his staff analyze the costs that went into
the Begg Park site for the review and information of the council and set down an
agreement with the baseball association on the bottom line of these costs.
FINANCE & ADMINISTRATION
Approve Police Department Radio Equipment purchase.
Councilman Palmer moved the Police Department be authorized to expend $5,000 in the
Revenue Sharing budget line item for Radio Equipment. Councilman Nystul seconded.
Councilman Ruiz pointed out the budget shows only $3,500 for this item.
Clerk/Treasurer Halver explained the budget had been out from $5,000 to $3,500.
Councilman Palmer amended his motion to authorize $3,500 and Councilman Nystul seconded
the amendment. The amendment carried and the amended motion carried.
Approve Claims
After Council discussion of the claim for clothing allowances and two other claims,
Councilman Palmer moved the claims found in order by the Finance Committee and listed
on the Accounts Payable Approval List be approved for payment. Councilman Nystul
seconded and the motion carried.
Animal Warden
Councilman Palmer reported the Animal Warden is on sick leave until retiring on
September 20, 1986 and the Salary budget will have about $1,200 left for the rest of
the year. Police Chief Stefanie would like some direction on what to do. Councilman
Nystul said the council had set the policy of a half-time Animal Warden and the
administration should make adjustments in the General Fund to accomplish it.
Councilman Palmer said it appeared the council agreed and a vote need not be taken.
Bill Clements Claim
Councilman Nystul explained Bill Clements received a Building Permit for his house and
then it was discovered he was in the flood plain and he could not use a septic system.
The concurrence was that the city had perhaps erred in not checking before the building
permit was issued so as a compromise position, the difference between the cost of his
septic system and the pump system would be what the city would compensate him.
Nystul said there was no discussion about a waiver of protest of annexation, consent to
withdraw from the rural fire district or a sewer hookup fee.
Councilmen Palmer and Nystul reported the Finance Committee recommended this claim be
paid from the General Fund.
Councilman Palmer moved the claim in the amount of $1,510 be paid from the General
Fund. Councilman Nystul seconded and the motion carried.
PUBLIC SAFETY - no report
ANNEXATION
Ordinance 01082 - Second Reading
Councilwoman Hafferman moved second reading on Ordinance #1082, an ordinance changing
the zoning of the Reinhold Lindner property. Councilman Saverud seconded.
Councilwoman Hafferman reported she would be voting against the motion because she
' feels there is a better use for the land.
Upon roll call vote the motion carried with Councilmembers Schindler, Hafferman and
Ruiz voting against.
Non -Conforming Use Zone Changes
Councilwoman Hafferman asked the councilmembers to read the proposed changes. City
Attorney Neier reported there will be a public hearing. The council and City Attorney
held some generalized discussion but no action was taken.
Chuck Houston said it looked like this council was preparing to repeat the same
mistakes. He also said the newspaper story carried 5 mistakes. Roger Hopkins said
call him and he would correct the newspaper article errors.
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Resolution #3686
Councilwoman Hafferman moved passage of Resolution #3686, a resolution of intent to
annex Addition #196 to the City of Kalispell. Councilman Manning seconded. It was
explained this is to annex an easement located by the Sundown Drive In. The motion
carried upon roll call vote.
Resolution #3687
Councilwoman Hafferman moved passage of Resolution #3687, a resolution to annex Royal
Pines Addition #199 to the City of Kalispell. Councilman Schindler seconded.
Councilman Nystul pointed out the street should be called Seventeenth Street. The
motion carried upon roll call vote.
Resolution #3688
Councilwoman Hafferman moved passage of Resolution #3688, a resolution to annex
Kienas Addition #200 to the City of Kalispell. Councilman Grainger seconded and the
motion carried upon roll call vote.
Ordinance #1083 - Second Reading
Councilwoman Hafferman moved passage of second reading of Ordinance #1083, an
ordinance to annex Kalispell Motel Addition #195. Councilman Schindler seconded and
the motion passed upon roll call vote.
COMMUNITY DEVELOPMENT AND PUBLIC WORKS
Accept Old Fire Hall Remodeling
Councilman Saverud moved acceptance of the renovation of the Old Fire Hall Building,
Councilman Manning seconded and the motion carried. Saverud suggested the
councilmembers go see the work.
PERSONNEL & POLICY
Firefighter Trainee
Councilman Grainger called upon Mayor Kennedy, who recommended the appointment of Byron
S. Guy as a Firefighter Trainee, effective September 3, 1986, with Mr. Guy to serve a
one-year probationary period. Councilman Grainger so moved, Councilman Saverud
seconded and the motion carried.
Firefighter First Class
Councilman Grainger reported Clifford Willis has met the criteria and moved he be
placed in the position of Firefighter First Class effective September 2, 1986.
Councilman Schindler seconded and the motion carried.
PUBLIC WORKS
Councilman Ruiz called for a Public Works Committee meeting for Monday September 8,
1986 at 4:00 pm. to act on the bids opened this evening.
Garbage Ordinance
Councilman Nystul reported the procedure for handling lawn trimmings in the areas
served by the 300 gallon containers has not been addressed. Ken Hammer reported lawn
trimmings would be picked up by a separate trip in spare time or by seasonal employees.
WATER & SEWER
S.I.D. #337
Councilman Nystul moved Resolution #3689, a resolution authorizing the City Council to
call for bids for the construction of S.I.D #337. Councilman Schindler seconded and
the motion carried upon roll call vote.
Councilman Nystul moved Resolution #3690, a resolution authorizing the City Council to
call for bids for sale of bonds for financing the construction of S.I.D #337.
Councilman Ruiz seconded and the motion carried upon roll call vote.
Funding of First Alley West - postponed.
Retainage - Fifth Avenue West Project.
Councilman Nystul reported the construction on Phase II of Fifth Avenue West has
progressed to the point where the Engineer has requested the retainage be reduced to
5%. He so moved, Councilman Ruiz seconded and the motion carried. Councilwoman
Hafferman voting no, explaining she had voted against the original project.
MISCELLANEOUS
Mayor Kennedy reported the City/County Planning board is recommending John Gunnerson be
appointed Member at Large. Councilman Grainger so moved, Councilman Schindler seconded
and the motion carried.
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Ken Hammer reported on the progress of paving of Fifth Avenue West. The two blocks
from Sixth to Eighth have been paved.
Councilman Manning requested a closed session meeting immediately following this
meeting to discuss litigation.
Mayor Kennedy and Councilman Ruiz will be attending the League of Cities and Towns
Convention in Butte September 16-20, 1986.
Clerk/Treasurer Halver will be attending a computer workshop September 15-16, 1986 in
Helena. Police Court Secretary Debbie Liverman will be recording the September 15,
1986 council meeting.
The meeting adjourned at 10:26 pm.
Approved as presented September 15,1986
Ed Kennedy, Mayor
ATTEST:
Don Halver�� easurer