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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. 470 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.