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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. 443 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. 444 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. 445 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. 446 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. 447 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