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11/03/86 City Council Minutes459 C THE REGULAR MEETING OF THE KALISPELL CITY NOVEMBER 3, 1986, IN THE COUNCIL CHAMBERS COUNCILMEMBERS WERE PRESENT. COUNCIL WAS HELD AT 7:30 P.M. MONDAY, AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Manning pointed out on p. 457, regarding Resolution 3696, Councilwoman Hafferman had voted no. Councilman Grainger moved the minutes of the October 20, 1986 Regular Council Meeting be approved as corrected. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL: Channel 9 Christmas Videos Kip Hayes, representing the Flathead Resource & Education Development Committee from Channel 9, explained their plans to do Videos of area stores and merchandise for Christmas promotions. PUBLIC HEARING: Creation of S.I.D. #337 City Attorney Neier explained the reasons for re-creation of S.I.D. #337. The prior creation failed to include 2 requirements which have now been addressed. Mayor Kennedy opened the public hearing. There were no proponents, opponents, or written protests, and the public hearing was closed. Councilman Palmer asked how soon the project would commence. Councilman Nystul said work would begin 11/5/86. Councilman Grainger asked when the landowners would know the assessments. Councilman Nystul said they would be no higher than the figures they were given a year ago. RESOLUTION OF CREATION S.I.D. #337 R es 364 Councilman Nystul moved the adoption of Resolution #3697. Councilman Schindler seconded the motion. Councilman Grainger asked if all residents in the area are aware they could be required to hookup before their systems fail. Councilman Nystul said the Sewer Ordinance has to be amended and it will call for "a reasonable length of time" for hookups. Councilman Grainger wanted confirmation from Dennis Carver that he and DPW Hammer will work with the homeowners in locating the stub outs. Councilman Nystul said these locations would be recorded. Upon roll call vote, the motion carried. OPEN BIDS: Sale of Bonds SID #337 Clerk Halver opened the bid of Dain Bosworth, Inc. The bid contained a good faith bond cashier's check for $2,500.00. The bid was for an interest rate of 7.814%. Resolution #3698 Councilman Nystul moved the adoption of Resolution #3698, a resolution awarding the sale of the SID 337 bonds to Dain Bosworth, authorizing the Mayor and Clerk to sign the necessary documents and authorizing the City Attorney to draft the necesssary paperwork. Councilman Saverud seconded and the motion carried upon roll call vote. ' COMMITTEE REPORTS: COMMUNITY DEVELOPMENT & PUBLIC BUILDINGS Urban Design Plan Councilman Saverud reported the committee chose Architectural Design Group to do the revision of the Urban Design Plan. PERSONNEL AND POLICY Confirmation of Roger Phillips Appointment Councilman Grainger moved the confirmation of Roger Phillips as a firefighter. Councilman Schindler seconded, and the motion carried. Civil Rights - Ordinance #936 The auditors have reviewed our nondiscrimination policy and found we do not have a policy for the rights of the handicapped. We also need to designate a compliance officer. Councilman Grainger referred these to City Attorney Neier. 460 Liability Insurance Councilman Grainger reported a bid for general liability insurance has been received, in the amount of $101,501, from St. Paul Insurance Company. The State hasn't responded yet to our request for a quote from the Pool. We are now without coverage, as of Oct. 1, 1986. It was pointed out we have most of our required insurances, such as E. & 0., Police Liability, vehicles, bonds etc. The only coverage we don't have is general liability. In discussion, the option of self insurance was considered. Councilwoman Hafferman noted an instance in Houston where it was not advantageous. The council decided to postpone action until we get an answer from the state pool. Councilman Grainger will notify our insurance representative and report anything new at the next meeting. PUBLIC WORKS: - No report WATER & SEWER: Sludge Handling Facility Certification Councilman Nystul moved the Mayor be authorized to sign a Certification of Project Performance for the Sludge Handling Facility. The motion was seconded by Councilman Palmer and carried. SID #337 Construction Bid Councilman Nystul asked PWD Hammer if we had received the letter yet of bid acceptance from Water Quality on the bid from LHC. PWD Hammer was not aware if we had. The Committee has approved the bid from LHC. Councilman Nystul moved the Mayor and City Attorney be authorized to sign the necessary documents on S.I.D. 337 subject to the concurrence by the Water Quality Bureau. Councilman Palmer seconded and the motion carried. Councilman Nystul reported the Water & Sewer Committee will meet Wednesday November 5, 1986 at 8:00 a.m. PARKS AND PUBLIC LAND Ordinance #1086 (Shade Tree Commission) Councilman Manning moved the second reading of Ordinance 1086. (Shade Tree Commission) Councilman Nystul seconded the motion. Councilman Manning recommended the following changes to the proposed ordinance: Chapter 3.01 page 2: The Tree Commission to be composed of seven (7) members. Six (6) of said members shall be appointed by the Mayor with approval of the Council. The seventh (7) member shall be the Chairman of the Parks & Public Lands Committe. Three (3) members to be appointed for two (2) years and three (3) members for (4) years. Chapter 4.02-1A. Page 3: All tree species to be at least 1 1/4 to 1 1/12 inches in diameter instead of 1/4 - 112 inches. Chapter 5.06 B, page 4: The last sentence to read: "who shall make a final decision." Chapter 7.02, page 5: The last sentence to read as follows: "If the area I where the tree is removed is to be paved, the stump shall be removed to meet general construction standards. Chapter 7.03, page 5: The word "properly" to be inserted between "applicator" and "licensed". Chapter 6.02, Protection of Trees, page 4: Proper way to inform contractors of this section and enforcement of the same was discussed at length. Consensus was that the Building Department should be involved. In a later meeting between Building Official Jackson and Parks Director Drent it was decided that the Building Department will include this section in their Building Permit Instruction Sheet and help enforce this section. Councilman Manning moved the recommended changes be entered into the proposed Ordinance 461 #1086. Councilman Schindler seconded. The revised Ordinance passed second reading upon roll call vote. Councilman Manning reported there would be a Parks Committee meeting Nov. 17, 1986 at 3:30 p.m. FINANCE & ADMINISTRATION Depot Park Parking Lot ' Councilman Palmer reported on the B.N. Parking Lot lease agreement. He would like the taxes clarified, as to who is responsible for property taxes on said property. Palmer said he favored the lease if we do not have to pay the taxes. Councilman Palmer moved the Mayor be authorized to approve this lease providing the City is not responsible for the taxes and the rent be set at $350.00 per month or any amount that would be 70% of gross revenues. Councilman Saverud seconded and the motion carried. Repurchase Agreement Councilman Palmer stated it is now time to call for proposals for the renewal of the City's repurchase agreement for the next twelve months. He moved the City Clerk/Treasurer be authorized to call for proposals. Councilman Nystul seconded and the motion carried. Resolution #3699 Councilman Palmer moved Resolution #3699, a resolution authorizing the City Clerk to transfer funds in the amount of $3,522.69, from the SID 308 Fund to the SID Revolving Fund. Councilman Schindler seconded and upon roll call vote, the motion carried. Resolution #3700 Councilman Palmer moved this resolution to authorize the City Clerk to transfer funds from the SID 309 Fund to the SID Revolving Fund in the amount of $1,137.91. Councilman Nystul seconded the motion. Upon roll call vote the motion carried. Resolution #3701 Councilman Palmer moved this resolution to authorize the City Clerk to tranfer funds from the SID 315 Fund to the SID Revolving Fund in the amount of $12,800.67. Councilman Saverud seconded and the motion carried upon roll call vote. Resolution #3702 Councilman Palmer moved this resolution to authorize the City Clerk to transfer funds from the SID Revolving Fund to the SID 322 Fund, in the amount of $221.84. Councilman Grainger seconded and the motion carried upon roll call vote. Approve Claims Councilman Palmer moved the claims found in order be paid. Councilman Nystul seconded, and motion carried. Salary Ordinance Councilman Ruiz moved a salary ordinance be drafted by the City Attorney to designate the salaries presently being paid for this fiscal year to be adopted at the next meeting. Councilman Grainger seconded and the motion carried. PUBLIC SAFETY Ordinance #1087 Councilman Schindler moved Ordinance #1087, an ordinance to amend Section 17-54, to prohibit vehicle parking on both the east and west sides of 5th Avenue West between 1st Street and 11th Street and to provide an effective date. Councilman Ruiz seconded the motion. Councilman Nystul asked about the parking between Center and 1st Streets After discussion, Councilman Ruiz withdrew his second and Councilman Schindler withdrew the motion. Schindler then moved Ordinance #1087, an ordinance to prohibit parking on both the east and west side of the street on 5th Avenue West, between the Railroad Tracks and 11th Street. Councilman Grainger seconded the motion. Upon roll call vote, with Councilmen Nystul and Palmer voting no, the motion carried. Patrol Car Bid Councilman Schindler reported the committee approved the bid from Roy Stanley Chevrolet on the patrol car. The committee will be meeting with Chief Stefanie to discuss ideas on generating more interest in bids. 462 ANNEXATION - no report MISCELLANEOUS License Bond Councilman Grainger moved the License Bond found in order by the City Attorney be approved. Councilman Saverud seconded and the motion carried. Pack & Co. - Ray Zenke, Master Plumber, Bond of $1,000 Montana League of Cities and Towns Convention Councilman Saverud complimented the Mayor on his complete report on the Montana League of Cities and Towns meeting. Councilman Grainger reported he would be out of town for the next council meeting. Councilman Palmer stated he would be out of the city for 10 days. Councilman Grainger moved the meeting be adjourned, Councilman Hafferman seconded, and the meeting was adjourned at 8:50 pm. Approved as presented November 17, 1986 ATTEST: Don Halver,-Clerk/Treasurer _ — .�.a�l,C%ITY OF John "Ed" Kennedy, Jr. Mayor Novenber 6, 1986 ,SPECIAL 14EET IN G A - Ed Kennedy, "yor Drmvar !997 Kah,cell, Moslaa 59905-1997 TO THE HONORABLE BOARD OF COUNCILDIEN CITY OF KALISPELL, MONTANA COUNCIL ME14BERS: There will. be a Special Meeting of the City Council Monday, November 10, 1986 at 4:30 P. M. in the Council Cb4.bers at City Hall for the followin .- purpose: SCHEDULE PUBLIC HEARING IN REGARD TO OUTLAW INN INDUSTRIAL REVENUE BOND REFUND ISSUE We, the undersigned, being all of the members of the City Council, do hereby waive notice of the date and purpose of the Special Meeting of the City Council to be held Monday, November 10, 1986 at 4:30 P. M. in the Council Chambers at City Hall and consent to the transaction of the above and any other business that may properly come before a City Council. _ C Ed Kennedy, IMLyor ATTEST: Don Ha er,,City ClerkyTjreasurer / OUT OF TOWN /' B.Louis B. Ruiz T Howard G. Gra"Gary W. Nystul /) OUT OF TOWN _ ( P !a, Paul R. Palmer. Chaples-J. Manning-% J S indler- // Clare' afferma❑ Glen Neier, City Attorney i EK/ms Ye�u�a ay„