12/01/86 City Council Minutes469
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY,
DECEMBER 1, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY
PRESIDED. ALL COUNCI MErvmBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Councilman Palmer moved the minutes of the regular meeting of November 17, 1986 be
approved as presented. Councilman Schindler seconded and the motion carried.
BID OPENINGS:
SAND SPREADER
BIDDER BOND A[IOUNT
Pierce Manufacturing 10% $7,105.30
Hall Perry Machinery Co. 10% $5,166.00
HCL Equipment Co. 10% $5,173.00
Councilman Palmer moved the bids be referred to the Public Works Committee with power
to act. Councilman Nystul seconded and motion carried.
MULTI -CHANNEL COMMUNICATION RECORDING SYSTEM
BIDDER BOND
Motorola 10%
Dictaphone
optional list of equipment
installation
1st year maintenance contract
Option total
AMOU11r
$25,930.00
10% with trade $14,811.00
$ 9,635.00
$ 419.00
$ 382.00
$10,436.00
Councilman Schindler moved the bids be referred to the Safety Committee with power to
act. Councilman Nystul seconded and motion carried.
ADDRESSING THE COUNCIL
Quentin Vitt
Quentin Vitt addressed the council with a request parking be allowed in front of The
Poodle Parlor on the corner of 5th Avenue West and 1st St. West.
Councilman Ruiz moved the parking be restored on the east side of 5th Avenue West from
Center to 1st Street. Councilman Nystul seconded the motion.
Councilman Palmer asked Public Works Director Hammer if there was any reason why it
should not be on both sides of the street.
Public Works Director Hammer explained the need for the snow removal route and with
parking allowed, the purpose would be defeated for widening 5th Avenue West.
Councilman Grainger moved to amend the motion to include 2-30 minute parking places.
Councilman Nystul withdrew his second and Councilman Ruiz withdrew his motion.
Councilwoman Hafferman asked why the patrons weren't parking on 1st Street. The street
has been torn up and still is in poor condition.
Councilman Grainger moved 2-30 minute loading parking spots be allowed on the south end
of Block 31 on 5th Avenue West, during business hours of 8-5.
Councilman Palmer seconded and the motion carried.
Councilman Palmer
Councilman Palmer pointed out the Auditors requested when closed meetings are
called, the subject of discussion be more clearly disclosed.
PUBLIC HEARING
Industrial Development Refunding Revenue Bond
Mayor Kennedy opened the public hearing, called for proponents and opponents and,
there being none, declared the public hearing closed.
COMMITTEE REPORTS:
PUBLIC SAFETY
Councilman Schindler reported there would be a Safety Committee meeting Wednesday
December 3 at 4:00 to discuss bids.
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ANNEXATION
Ordinance #1088 - Second Reading
Councilwoman Hafferman moved the second reading of Ordinance 1088, an Ordinance to
amend Section 7.25(b) CLM, of the City of Kalispell Ordinances, to authorize as a
permitted use "Banks, Savings and Loan Associations", and to provide an effective date.
Councilman Grainger seconded and the motion carried upon roll call vote.
COMMUNITY DEVELOPMENT AMID PUBLIC BUILDINGS
Councilman Saverud reported a joint meeting with the Parking Commission is scheduled
for Tuesday, December 2 at 4:00 pm.
PERSONNEL AMID POLICY
Ordinance #1089 - Second Reading
Councilman Grainger moved the second reading of Ordinance #1089, an Ordinance amending
Ordinance #1079, fixing the limits of the salary and compensation of City Officials,
Supervisors and Employees beginning July 1, 1986. Councilman Schindler seconded and,
with roll call vote, the motion carried.
PUBLIC WOWS
Parking on First Street East
Councilman Ruiz reported he had received a call from Wayne Skjold, owner of The Spec
Shop on 1st Street East, requesting some 30 minute parking spots for that commercial
area of 1st Street East.
Councilman Ruiz moved the half block on the south side of 1st Street East, from the
Alley to Main Street, with the exception of the handicap space, be designated 30
minute parking. Councilman Schindler seconded and the motion carried.
There will be a Public Works meeting at 3:30 on Wednesday December 3.
WATER AND SEWER
Closed Meeting - Treatment Plant Litigation
Councilman Nystul called for a legal closed meeting immediately following this council
meeting to meet with E. Grey Lewis, an attorney representing the City, who will report
on the status of the treatment plant litigation and a proposed settlement. '
FINANCE AMID ADMINISTRATION
Deferred Compensation Plan
Councilman Palmer questioned the VALIC Company wording on the recent employee handout
concernng a Deferred Compensation plan. The handout was worded to the effect that the
Valic company had been "selected as the carrier." Palmer wanted to know why local
agents had not been allowed to bid on this.
Councilman Grainger reported the company had not been selected but had come to the City
to present their program. The program was just made available. Any portion of the
program would be of no expense to the City.
Councilman Palmer requested the employees be made fully aware that there are other
options available to them and the language of the letter be corrected.
Resolution #3705 - Industrial Revenue Refunding Bond
Councilman Palmer moved Resolution 3705, a resolution authorizing the issuance of
refunding revenue bonds to refund the outstanding principal on the Outlaw Inn Note.
Councilman Nystul seconded the motion. Upon roll call vote the motion carried.
Resolution #3706 Budget Transfer, Tax Increment Fund
Councilman Palmer moved Resolution 3705, a resolution to approve a transfer of
$75,000 within the Tax Increment Budget. Councilman Nystul seconded.
The purpose of the transfer is to provide additional necessary funding for the purchase
of properties for the Westside Park Project.
Councilman Ruiz spoke against the motion, feeling the project should stay within the
original budget of $300,000.
Councilman Schindler was also against the motion, suggesting that the City has
contributed its fair share and other sources should provide the additional needs.
Councilman Manning spoke in favor of the Resolution, stating the additional park area
is badly needed in that neighborhood.
Councilman Saverud supported the motion, calling it a wise use of Tax Increment monies.
471
Upon roll call vote, Councilman Schindler, Hafferman, Grainger and Ruiz voted no,
Councilman Saverud, Nystul, Manning and Palmer voted yes. With the vote tied, Mayor
Kennedy voted yes, and the motion carried.
Repurchase Agreement
Councilman Palmer reported the Finance Committee, with power to act, had awarded the
Repurchase Agreement to Norwest Bank.
Approve Claims
' Councilman Palmer moved all claims found in order be paid. Councilman Nystul seconded
and the motion carried. (Claims are listed in the Payable Register)
Councilman Palmer reported on some claims the committee had questions about and
explained their concerns.
PARKS AID PUBLIC LAND
Right of Play Easement Across Northridge Park
Councilman Manning reported Montana Power Company is requesting a right of way easement
across Northridge Park.
Councilman Manning moved to authorize the Mayor to sign, after City Attorney Neier's
review, the easement.
Councilman Nystul seconded and the motion carried.
Resolution #3707
Councilman Manning moved Resolution 3707, relating to the acquisition of certain
property located within the City of Kalispell, identifying the persons who appear to
have the ownership interest, establishing the fair market value in that amount
determined by Roger Jacobson, MAI, as the appraised value, identifying the interest to
be acquired, certifying that the work of the appraiser has been performed in a
competent manner, and authorizing the Community Development Committee and the Community
Development Department to enter into negotiations for the purchase of the property from
the owners in an amount not less than market value. Councilman Nystul seconded the
' motion.
Councilman Ruiz asked why wouldn't you want the property for less than market value if
you could get it.
Community Development Director Gallagher reported state law requires the city to
purchase property for urban renewal projects at the fair market value, determined by
the appraisal.
Councilman Saverud requested the motion to include reviewing with the appraiser at
least a couple of these parcels of land.
Councilman Saverud pointed out the importance of moving right along with this due to
the fact homeowners are concerned with the current capital gains tax.
Councilman Manning moved to amend the motion to include the verbage at the end of the
resoluton "subject to final market value review by the Community Development
Committee.", and to exclude the words "furnishing and equipping" in the second
paragraph. Councilman Nystul seconded the amendment.
Upon roll call vote, the motion carried with Councilman Grainger and Councilwoman
Hafferman voting against.
Councilman Saverud added the Community Development Committee would announce a meeting
' as soon as they were able to arrange it with Roger Jacobson.
Councilman Manning said the Parks and Community Development Committees would be
meeting with the Airport Association December 8, at 3:30 pm.
MISCELLANEOUS
ANEOUS
Mayor Kennedy thanked City Attorney Neier for the report on the seminar he
attended in Spokane.
He also said the Police Chief Stefanic has been delivered a letter of commendation
from the Council on a job well done on the recent murder case.
Councilman Grainger moved the License Bond for Gas Contractor Michael Riley dba
Flathead Mechanical be approved. Councilman Saverud seconded and the motion carried.
472
Community Development Director Gallagher reported, for anyone who was interested,
there will be a meeting to discuss upcoming legislation Tuesday December 9, at The
Outlaw Inn at 7:30 am.
He also reported there would be a meeting Friday, December 5, in Butte, concerning
Initiative 105.
ADJOURN
Councilman Grainger moved the meeting be adjourned. Councilman Manning seconded and
the motion carried. Meeting adjourned at 9:20 p.m. /
Approved as presented December 15, 1986 ,L '
Ed Kennedy, Mayor
ATTEST:
Don Halver, Clerk/`Treasurer
THE REGULAR t'EETING OF THE I:ALISPELL CITY COUt:CIL U2AS HELD AT 7:30 P.M. Y10111JAY
DECEIMER 15, 1986, III THE COU:,CIL C'r'.AA'BERS AT CITY HALL. MAYOR KENNEDY PRESIDED.
CCUI.CIL11AN NYS`7UL WINS ABSEITi'. ALL OTHER COUNCILI/LF.'BERS WERE PRESET'^.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINWES
Regular meeting of December 1, 1986
Councilman Ruiz referred to the comment of Ed Gallagher on page 471, within the
discussion of Resolution 3707, which read "Conmunity Development Director Gallagher
reported state law requires the city to purchase property for urban renewal projects at
the fair market value, determined by the appraisal."
Ruiz asked if the minutes should be corrected because the estside Park Project was not
an urban renewal project. City Attorney Neier agreed it Gras not an urban rene,Wal
project but did not think it was necessary to change the minutes.
Councilman Saverud moved the minutes be approved as presented, Councilman Schindler
seconded and the motion carried.
CITY OFFICIAL REPOITS
Treasurer's Report - November
Police Chief "
City Judge "
Building Official "
Councilman Palmer moved the City Official Reports be approved as presented, Councilman
Schindler seconded and the notion carried.
ADDRESSING THE COUICIL
Councilman Ruiz addressed the Council on behalf of Mr. Pat Thores who was requesting an
adjustment of his garbage charges. Mr. Thomas reported he had been paying $120.00 per '
year for Garbage since 1980.
Mr. Thomas owns property which contains two single family rental houses which would
normally call for a rate of $96.00 a year and an allowance for up to 4 cans. The city
records show the rate was increased because a count of garbage cans was made and his
property was reported to have 5 cans.
Mr. Thomas stated he had never used 5 'cans :and didn't know where the fifth can came
from. He asked for a refund of $24.00 per year for seven years for a total of $168.00.
Councilman Ruiz felt there was no problem in adjusting the rate for the two years the
side -arm loader system has been used.