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10/06/86 City Council Minutes451 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY OCTOBER 6, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILWOMAN HAFFERMAN WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Schindler moved the minutes of the September 15, 1986 regular council meeting be approved as presented. Councilman Grainger seconded and the motion carried. ' PUBLIC HEARINGS: Annexation of Immanuel Lutheran Home, Addition No. 196 Mayor Kennedy opened the public hearing and called for proponents. There were none. He then called for any opponents, there were also none and the hearing was then closed. BID OPENINGS Four Door Police Car The only bid received was from Roy Stanley Chevrolet for $13,243.39 with no value for the trade in quoted. The trade in value is to be negotiated. Councilman Schindler moved the bid be referred to the Safety Committee with power to act. Councilman Grainger seconded and the motion carried. Construction of Woodland Park Area Sewer System BIDDER LIC 8 BOND AMOUNT Pack & Co. 2760A 10% $ 293,267.25 Chet Brown & Sons 4829A 10% 283,436.15 LHC Inc. 5459A 10% 249,707.00 Millons Const. 5897A 10% 253,067.50 Councilman Nystul moved the bids be referred to the Water & Sewer Committee with the power to act. Councilman Grainger seconded and the motion carried. Sale of S.I.D. #337 Bonds ' Councilman Nystul reported Bond Counselor Mae Nan Ellingson of the Dorsey Firm didn't like the initial resolution of intent to create the district. Corrected Resolutions to start over again are prepared for passage tonight. The Bond Sale may proceed November 4, therefore the bid may not be awarded until that time. At the next meeting we hope to have a progress report on how to accomplish this. ADDRESSING THE COUNCIL Alroy Barry asked if the City was going to take any action to block off the traffic going from Sunset Plaza through Dr. Steve Johnson's lots and out onto West Wyoming St. Peter Larson also addressed the council regarding this. Councilman Schindler said he and Councilman Ruiz felt very strongly that something should be done. DPW Hammer said a site plan has been presented for approval which should control the situation fairly well. City Attorney Neier reported all the traffic is on private property and the City has no way to stop it. Councilman Saverud asked about the promise made several weeks ago by Dr. Johnson's Attorney whereby they would provide us a letter describing how they planned to contain this traffic until construction and control it after construction. City Attorney Neier said he had not received the letter. ' Building Official Jackson said the Building Permit has been applied for and the site plan contains a parking lot design which will discourage through traffic. The situation was discussed at length without any way of controlling the problem being found. No one else requested to address the council. COMMITTEE REPORTS: PUBLIC WORKS Councilman Ruiz requested citizens be reminded of the 12 hour parking ordinance which limits parking of vehicles on city streets, so as not to interfere with leaf and snow removal. 452 Mayor Kennedy mentioned other cities are being contacted to see if a leaf vacuum machine could possibly be borrowed. WATER & SEWER Councilman Nystul reported the Project for the Southwest Area is Number 10 on the Fundable Construction Grant priority list for Federal Fiscal Year 1987. The project is being coordinated with the Community Development Department. There will be a Sewer & Water Committee meeting at 8:00 am., Wednesday October 8, 1986, to discuss the Woodland Park Area Sewer System bids. Resolution #3691 ' Councilman Nystul moved passage of Resolution 3691, a resolution of intention to create Special Improvement District ##337. Councilman Ruiz seconded and the motion carried upon roll call vote Resolution #3692 Councilman Nystul moved adaption of Resolution 3692, a resolution authorizing the sale of bonds to finance the city share of construction of SID #337. Councilman Schindler seconded and the motion carried upon roll call vote. PARKS & PUBLIC LANDS Approval of Begg Park Baseball Concept Councilman Manning displayed and explained the drawings of the plans for the complex. He reported the concept needs to approved by the City so the project can get going. Manning moved the City approve the concept, as presented, for the development of Griffin Park at Begg Park. Councilman Palmer seconded. Councilman Palmer asked how the project is going to be reviewed and supervised. Manning reported Parks Superintendent Drent would be supervising and reporting to the Parks Committee when necessary; he included this requirement in the motion. Councilman Manning said the phasing discussed several works ago would serve as a guideline, it is a City Parks Department project. Councilman Saverud asked if we would be required to establish a value for tax purposes of any donated items on the project. No conclusion was reached. Councilman Ruiz objected to voting on a concept, he felt there should be cost projections and conditions similar to the Friends of Lawrence Park proposal. Councilman Manning stated the Council has authorized the Parks Superintendent to seed Begg Park in the event a more involved program is not started this fall. Manning added to his motion the requirement that the plans be endorsed with a cost evaluation being prepared. All work done by outside organizations will be cleared by Pieter Drent. After discussion to clarify the motion the original motion to approve the concept was voted on and approved. Councilman Manning then moved to amend the motion just passed to include the requirement a cost analysis be run out in phases. Councilman Grainger seconded and the amendment carried. Willow Glen Property Councilman Manning explained the request from Joe Swartzenberger to lease the old City Dump property for a two year period, non-renewable, for the purpose of a wrecking yard , and asked for Council discussion. Manning stated an estimate of costs to level the property to prepare it for suitable use by the city amounted to $4,000. Councilman Ruiz asked if the site could be an alternate dump site for snow, leaves, etc., and DPW Hammer said the present Corps of Engineers policy will not allow him to dump anything anywhere. 453 Councilman Manning moved the City of Kalispell lease to Jim and Joe Swartzenberger the 10 acres of City Property off Willow Glen Drive for a vehicle storage yard for the term of two years with a nonrenewable lease subject to the following conditions: 1. Level the site to the City's satisfaction. 2. Leave the site free of all vehicles at the end of the lease, also to the City's satisfaction. 3. There be proper screening of the site. 4. All appropriate regulations and documents be adhered to. ' Councilman Ruiz spoke against leasing because the City would still be liable and he could see no benefit to the City or its taxpayers. Councilman Schindler opposed the motion because it would put a wrecking yard in a neighborhood which is basically residential. Councilman Nystul said the site now is not managable and any use would be better than the present condition. Upon call for the question the motion failed with two votes yes, 5 votes no. Termination of Tennis Court Interlocal Agreement with Flathead County Councilman Manning explained the proposed agreement rescinds a prior agreement which is no longer necessary since the property has been traded to the School District. He moved the mayor be authorized to sign the termination agreement. Councilman Nystul seconded and the motion carried. Indemnity Agreement - Tree Work at Conrad Mansion Councilman Manning reported the Mansion Board wanted to prune some trees which are on city owned property and have prepared this agreement to be signed by the City of Kalispell. Manning moved the agreement be signed by the City subject to the Contractor providing proof of adequate insurance required of all contractors doing business on City of Kalispell property. Councilman Palmer seconded. Councilman Nystul asked why we needed this agreement when other projects have been done at the Mansion without a similar agreement. Councilman Ruiz felt the Mansion Board could handle it without this agreement like they have done in the past. The motion failed with a vote of 2 yes and five no. Councilman Manning scheduled a Parks Committee meeting for 3:30, Wednesday October 8, 1986 to discuss the proposed new tree ordinance. FINANCE & ADMINISTRATION Approve Claims Councilman Palmer moved the claims found in order by the Finance Committee be approved for payment. Councilman Nystul seconded and the motion carried. Ambulance Accounts Receivable Councilman Palmer reported the Finance Committee is recommending the sum of $11,535 of uncollectable accounts be written off. There is another $79,000 being carried on the books which is over 90 days past due. The committee is also recommending the Fire Chief change collection agencies and anything that is six months old be turned over for collection. Those items sent to the collection agency should be written off. Councilman Palmer moved the uncollectable accounts totaling $11,535 be written off and Councilman Nystul seconded. It was explained some of the accounts date back to 1978 or 1979. Councilman Palmer would like to know which accounts were Medicare/Medicaid which cannot be collected. The motion carried. Revenue Sharing Expenditures Councilman Palmer moved the purchase requests for Computer Memory at $6,500 and Fire Department Breathing Apparatus at $2,740, which were budgeted for, be approved. Councilman Nystul seconded and the motion carried. There will be a Finance and Administration Committee meeting to discuss bidding procedures Wednesday October 9, 1986 at 8:00 am. 454 PUBLIC SAFETY Councilman Schindler reported Fire Chief Larson will be attending a National Fire School on Financial Management. He will be gone October 26 through November 7. There will be a Safety Committee meeting Monday October 13, 1986 at 9:00 am. (note: the meeting was later rescheduled to Thursday October 16, 1986 at 4:00 pm.) ANNEXATION Resolution #3694 - Immanuel Lutheran Home Addition No. 196 Councilman Manning read Resolution #3694, a resolution to annex the Immanuel Lutheran Home Addition No. 196 and so moved. Councilman Grainger seconded and the motion carried upon roll call vote. COMMUNITY DEVELOPMENT AND PUBLIC BUILDINGS Councilman Saverud scheduled a Committee meeting for Wednesday October 8, 1986 at 4:00 pm., to interview Architectural Firms that have submitted proposals for updating the Urban Development Plan. PERSONNEL & POLICY Councilman Grainger reported the Fire Department has had a disability retirement and is requesting they be authorized to hire from the list of recently tested and qualified candidates. He so moved, Councilman Schindler seconded, and the motion carried. Grainger announced there needed to be a closed meeting immediately following to discuss negotiations. MISCELLANEOUS Clerk/Treasurer Halver reported the Council Chamber sound system would be operational soon. The amplifier was damaged in shipment and is being repaired. Councilman Nystul suggested the administration prepare a report on the delays in constuction of Fifth Avenue West and Mayor Kennedy said that was being done. Councilman Saverud suggested a council workshop be scheduled to report on the recent ' League convention and also the National League meeting attended by Councilman Ruiz. The meeting adjourned at 9:10 pm. Approved as corrected October 20, 1986 1` Ed Kennedy, Mayor ATTEST: Don Halver, Clerk/Treasurer GAMING COMMISSION Mayor Kennedy called the meeting to order at 2:00 pm., October 21, 1986. Commission Members Stefanie, Schindler and Grainger were present. Also attending were David Miller of The Saloon and James Ellis Mayes and John Clayton Erickson of the Black Angus Stalemate Lounge. Mayor Kennedy opened the public hearing on the application of David and Shirley Miller for a Gaming License for The Saloon, aka Moose's Saloon. Mayor Kennedy reported all paperwork appeared to be in order. There being no protestors, Councilman Grainger moved the application of The Saloon be approved. Police Chief Stefanie seconded and ' the motion carried. Mayor Kennedy next opened the public hearing on the application of James Ellis Mayes and John Clayton Erickson for a Gaming License for The Black Angus Stalemate Lounge. Mayor Kennedy also reported all their paperwork appeared to be in order. There being no protestors, Councilman Grainger moved the application of The Black Angus Stalemate Lounge also be approved. Police Chief Stefanie seconded and the motion carried. Ed Kennedy, M yor ATTEST: Don Halver, C erk/Treasurer