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11/17/86 City Council Minutes464 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY NOVEMBER 17, 1986, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL COUNCILMRMBERR WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Saverud moved the minutes of the regular meeting of November 3, 1986 and the special meeting of November 10, 1986 be approved as presented. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL No one requested to address the council. PUBLIC HEARING: Zone Change request in the CLM zone. A proposed zone change to allow Banks and Savings and Loan Institutions as a permitted use in the Industrial Commercial District. Doug Morton spoke in favor of the proposed zone change. No one else asked to speak. CITY OFFICIAL REPORTS Treasurer's Report October Police Chief " City Judge " Building Official " Councilman Nystul moved the City Official Reports be approved as presented and Councilman Grainger seconded. Councilman Ruiz referred to the City Judge's memo where she would be out of town and had appointed Paul Willis to serve as acting Judge at $6.50 per hour; he said it was his understanding the Judge's clerk was to fill in when the Judge is absent. Ruiz didn't think this extra help was budgeted for. He was also concerned about the number of hours the Judge's clerk is working. He reported she worked 108 hours in August, September 112, and October 129 hours and if she is half time she should only be working 80 hours a month. If she is working elsewhere then we have no business laying people off. He requested she be held to a half-time position. Mayor Kennedy said the Judge's clerk is relatively new and it was felt it would be better to use someone with experience to act as Judge. He said this is probably the only time this year this will happen. Councilman Nystul said he thought Paul Willis would only be working two hours a day for the week. City Attorney Neier also said he understood Judge Fran Willis wanted to have Paul Willis to handle the arraignments and issue compliants and summons because of his experience. Councilman Ruiz again expressed concern over the part-time clerk not being part-time. Mayor Kennedy explained she is working only half-time for the court. She has also worked some for the auditor and this work was offered to a laid off employee who declined it. Clerk Halver explained the work done for the auditors is paid from the auditing budget I and is much less expensive than having the auditors do the typing at their higher rates. Ruiz said his point was we have hired another person who wasn't anticipated and it will haunt us later. The motion to accept the City Official Reports was voted upon and carried. COMMITTEE REPORTS: ANNEXATION Preliminary Plat Approval for resubdivision of Lot 1, Roberts Addition #132 Councilwoman Hafferman presented the conditions to be required for the approval of the Plat. 465 1. Connection and/or extension to the City Water, Sewer or Storm Drain System to be accomplished at the subdivider's expense, and in accordance to plans approved by the Director of Public Works. 2. Curbs fronting the property be reconstructed in a manner acceptable to the Director of Public Works following construction of the driveway access to each lot. 3. Certification pertaining to water supply, sewage and solid waste disposal, and as described, be obtained before final plat approval. 4. Requirements for parkland dedication, or fee in lieu of, be waived. 5. All delinquent tax assessments applicable be paid prior to final plat approval. 6. The size, dimensions and area of the lots not constitute the basis for any variance from the bulk and dimensional requirements of the zoning district that may be needed for future development of the lot. Resolution #3704 Councilwoman Hafferman moved approval of Resolution #3704, a resolution approving the Preliminary Plat of the resubdivision of Lot 1, Roberts Addition # 132 under the conditions described. Councilman Manning seconded and the motion carried upon roll call vote. Ordinance #1088 Councilwoman Hafferman moved passage of Ordinance #1088, an ordinance to amend Section 7.25(b) CLM, of the City of Kalispell Zoning Ordinance (Ordinance 885 as amended by Ordinance 961, Appendix B, Part II, Kalispell City Code); to authorize as a permitted use "Banks, Savings and Loan Associations"; and to provide an effective date. Councilman Grainger seconded. ' Councilman Manning pointed out this is a change in the zoning of the CLM district and should not be referred to as the "O'Boyle" zone change. After some discussion the motion carried upon roll call vote. Zoning Councilman Manning announced the next City -County Planning Board meeting will review the zoning problems in the city and consider reducing the number of zones in the city. He expected the recommended changes would be presented to the Council sometime next spring. COMPNNITY DEVELOPMENT & PUBLIC BUILDINGS - no report PERS0124Er, & POLICY Ordinance #1089 Councilman Grainger moved passage of Ordinance #1089, an ordinance amending Ordinance 1079, fixing the limits of the salary and compensation of the City Officials, Supervisors and Employees, beginning July 1, 1986. Councilman Nystul seconded. The motion carried upon roll call vote. Councilman Grainger called for a closed negotiations strategy meeting immediately following this meeting. I Liability Insurance Councilman Grainger reported the City is negotiating for an insurance quote with a lowered limit of $300,000.00. Grainger announced there will a Personnel & Policy Committee meeting Tuesday, November 18, 1986 at 3:00 pm. PUBLIC WORKS - no report WATER & SEWER Sewer Ordinance Councilman Nystul reported it was the intention of the Committee to have a two sentence ordinance drafted which would comply with the EPA regulations calling for hookups to be required within a reasonable length of time. The City Attorney has drafted an ordinance including all the information the EPA sent us. After staff review and 466 revision the proposed ordinance will be brought back to the council. Sunset Plaza Water Line Councilman Nystul reported the recommendations of the Public Works Director on the Sunset Plaza waterline to Dr. Johnson's new building were accepted. Dr. Johnson will buy the material, the City will put in the line, and the new fire hydrant would be beneficial to the whole area. PARKS & PUBLIC LANDS Woodland Park Skating Councilman Manning moved to authorize the Parks Director to open the skating rink at Woodland Park when all the safety factors have been considered. Councilman Nystul seconded. After discussion of insurance questions the motion carried. Parks Activity 1986 Councilman Manning read some excerpts from the report of "Activities Kalispell City Parks 1986". Manning announced a joint Parks & Public Lands/Community Development & Public Buildings committee meeting on December 1, 1986 at 3:30 pm concerning the Airport. He also said they would try to meet on the 8th with the Association and Concerned Citizens FINANCE & ADMINISTRATION Councilman Palmer announced meetings Wednesday, November 19, 1986 at 4:00 to review audit findings and a Finance & Administration committee meeting on Friday, November 21 at 8:00 am. Trippet Parking Lot Councilmen Palmer reviewed the City Clerk's report to the Parking Commission regarding the parking lot fees due Mr. Trippet for the past three years. Lot Purchase Councilman Palmer asked the City Attorney to advise the Parking Commission they should go through the City Council on all parking lot purchases. 15 Minute Loading Zone , Councilman Palmer reported the Parking Commission has recommended approval for three 15 minute parking spaces at 290 North Main, which is in front of the new Northwestern Telephone Business Office. He so moved, Councilman Nystul seconded and the motion carried. Garbage Assessment Refund Claim Councilman Palmer reported the committee wanted to know what kind of policy we have on Garbage refunds. City Attorney Neier says we have to go back up to ten years on errors. Clerk Halver reported, on this claim, there was evidence that the county recognized the home was gone after 1980 and adjusted the assessment accordingly. That is why he prepared a claim for a refund for the years the house was not there. Payment on this claim will be withheld until the committee can develop a policy. Councilman Ruiz reported on a request from Patrick Thomas for refund of an overcharge of $24.00 per year since 1979 with interest of six percent. Mr. Thomas is claiming a total of $237.54. This request will also be discussed in considering a policy. Travel Claims Councilman Palmer requested the Mayor, Clerk and City Attorney clarify our Travel Expense Claim Policy. Late Payment of Invoices Councilman Palmer reviewed some claims which were dated in September and August and are just now coming through. Approve Claims Councilman Palmer moved the claims found in order be approved, Councilman Nystul seconded and the motion carried. (as listed in approval register) 467 Repurchase Agreement Proposals Councilman Palmer read the proposals received. 1. First Federal offered 4.25% fixed, 1% below Federal rate on variable rate. 2. First Security Bank's proposal was 4.25% fixed rate, or a variable rate of 1% below yield on $1,000,000.00, 90 day Treasury Bills. The rate would be adjusted on 3/1, 6/1, and 9/l/87. The rate today would be 4.46%. The bids would apply to the interest rate on an interest bearing checking account without service charges. 3. First Interstate proposed a fixed rate of 5%, variable rate of 1% less than Federal Funds Rate. The other specifications are acceptable. 4. Norwest Bank offered 5.40% fixed rate on the first $2,500,000.00, remaining funds invested at variable rate. variable rate would be 50 basis points below the daily Federal Interest Rate. Checking account interest would be 5% for the year with no service charge. 5. valley Bank proposed a 5.03% fixed rate, a variable rate .375% below the average daily Federal Funds Rate. These rates would apply to the investment range from $1,500,000.00 to $5,000,000.00. They agree to an interest bearing checking account with no service charge to the City. Councilman Palmer moved the proposals be referred to the Finance Committee with power to act. Councilman Nystul seconded. Councilman Schindler felt the full council should vote on this. Palmer suggested all interested council members attend the Finance Committee Meeting. The motion carried with Councilman Schindler opposed. Revenue Sharing Councilman Ruiz reported there was a Revenue Sharing claim this time for $3,225 from the Park Department Revenue Sharing budget of $18,000.00. ' Proposed Depot Area Parking lot Mayor Kennedy reported the latest proposal for the lease of parking from Glacier Park Company calls for a lease rental of $500.00 per month and Glacier Park Company will pay the taxes. Any revenue over the $500.00 would be split with 70% to Glacier Park Company. Councilman Palmer moved the Mayor be authorized to sign the lease. Councilman Nystul seconded. DPW Hamner pointed out approval should be secured from the Highway Department. Councilman Manning asked if the council was going to waive the requirement for paving of the parking lot. Councilman Saverud suggested a policy be established for waiving the parking requirement for a short term lot before the lease is approved. Councilman Grainger asked how we would control how long the short term lot would continue. Councilman Saverud felt we couldn't vote on the lease until we waive the paving requirement. Councilman Ruiz suggested the Parking Commission look for a more long term solution to the parking problem in that area. Councilman Grainger suggested the Community Development Committee research the need for additional parking when several lots we now have are not full. Councilman Schindler suggested the College deal with Glacier Park Company to secure parking. A show of hands votes resulted in 3 in favor and 5 opposed. The motion failed. Councilman Saverud reported the Community Development Committee will schedule a meeting with the Parking Commission to work out a solution. Mayor Kennedy will contact Jim Cook of Glacier Park Company to explain the City's concerns. PUBLIC SAFETY Ordinance #1087 Councilman Schindler moved passage of second reading of Ordinance #1087, an ordinance to prohibit vehicle parking on both the East and West side of Fifth Avenue West between the Railroad Tracks and Eleventh Street. Councilwoman Hafferman seconded. The motion passed upon roll call vote with Councilmen Nystul and Palmer voting no. Call for Bids - Fire Truck Councilman Schindler moved the Fire Chief be given permission to call for bids for a new Fire Engine. Councilman Nystul seconded and the motion carried. The bid opening will be January 5,1988. Councilman Nystul asked we determine who is supposed to plow the leased parking lots. Councilman Ruiz asked why we aren't plowing the city owned lot on the north side of City Hall. Councilman Schindler complimented the Street Superintendent and the plowing crews for the prompt removal of snow after this last storm. Councilman Nystul concurred. Councilman Ruiz requested the Council recognize the efforts of our Police Department in the speedy and professional manner in which they handled the murder at the B & B. Mayor Kennedy will draft a letter for council members will sign. Mayor Kennedy announced there will be an Ice Cream Social Thursday November 20, 1986 at 10:00 pm to welcome the teams and coaches participating in the Class A Girls Basketball Tournament. All councilmembers are invited. Mayor Kennedy also announced he is looking for volunteers to serve on the Shade Tree Commission. ADJOURN Councilman Grainger moved the meeting be adjourned, the motion carried. Meeting adjourned at 9:04 pm. Approved as presented December 1, 1986 ATTEST: Don Halver, Clerk/Treasurer Councilman Schindler seconded and Ed Kennedy, Mayor