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12/15/86 City Council Minutes472 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. 473 Councilman Palmer moved Mr. Thomas receive the requested refund of $168.00 for the seven years. Councilman Grainger seconded. DPW Hammer objected, stating the city staff had put in a lot of work seven years ago surveying the city and came up with the five cans. He wondered how many complaints we will receive if we change this policy. Hammer suggested we limit the corrections to the period when the side -arm system was implemented. ' (Clerk's note: The side -arm loader system of shared containers precludes determining the amount of garbage from each household.) Councilman Ruiz reported the Garbage Truck Driver thought the back house was a duplex but Mr. Thomas said that wasn't so. Councilman Ruiz moved the refund be allowed for a five year period, to include the two years under the side -arm system and a compromise refund for three of the other five years requested. Councilman Grainger withdrew his second of the motion on the floor and Councilman Palmer withdrew his motion. Councilman Ruiz then moved Mr. Thomas recieve a refund for the five years 82, 83, 84, 85, and 86 at $24.00 a year. Councilman Schindler seconded this motion. After some more discussion, the motion carried. CO1,1MITI'EE REPORTS: FINANCE AND ADMINISTRATION Approve Claims Councilman Palmer reported Councilman Nystul has recommended we withhold 10% of the final audit bill until we receive the final audit report and Palmer felt that was prudent business; we would do that for anybody else. Palmer asked if there was any objection from the council and there was none. No motion to this effect was made. Councilman Palmer moved the claims found in order be paid. Councilman Ruiz seconded and the motion carried. (approved claims are listed in the Clerk's accounts payable register) Resolution 3708 - Outlaw Inn Refunding Bond Councilman Palmer called upon City Attorney Neier who explained the proposed resolution. Councilman Palmer then moved for passage of Resolution 3708, a resolution providing for issuance and sale of Industrial Development Refunding Revenue Bonds for The Outlaw Inn. Councilman Saverud seconded and the motion carried unanimously upon roll call vote. Resolution 3709 - SID #337 Councilman Palmer called upon City Attorney Neier who explained the proposed resolution. Councilman Palmer moved for passage of Resolution #3709, a resolution relating to $110,000 Special Improvement District No. 337 Bonds; Creating Special Improvement District No. 337 Fund and prescribing covenants of the city for the security of the holders of the bonds. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Approve change in amount of bond. ' Councilman Palmer moved the Mayor be authorized to sign the letter authorizing the change in the amount of the bonds issued from $125,000 to $110,000 and related changes. Councilman Schindler seconded and the motion carried. O'Neil Land Purchase Mayor Kennedy reported there has been a buy -sell agreement negotiated with a private buyer and suggested the City no longer needed to consider the purchase of this property. Councilman Palmer agreed. Burlington Northern Parking Lot Lease Councilman Palmer reported on the changes contained in the latest proposed lease. Councilman Palmer asked Councilman Saverud to explain the solution proposed for the paving requirement. I 474 Saverud asked City Attorney Neier to explain and Neier suggested that paving would not be practical until around June and the question could be addressed at that time. The insurance requirements contained in the lease should be checked out with our insurance carrier and rewritten to comply with our coverage if necessary. Mayor Kennedy said he thought they would be satified with whatever coverage we have. Councilman Palmer moved the Mayor be authorized to sign the lease subject to the quirks being removed. Councilman Saverud seconded. Councilman Ruiz spoke against the motion because the paving question still has not been resolved. Councilman Saverud supported the motion because it would allow us to get the college students and business employees into a lot. Councilman Palmer stated the Parking Commission wants to give this a try and if the lot does not generate at least $500.00 a month revenue, they would discontinue the lease. Councilman Grainger wanted confirmation from our insurance carrier that we are complying with the coverage requested in the lease. Councilman Schindler agreed with Councilman Ruiz, that the paving question has still not been properly solved. Councilman Manning suggested the lease be limited to six months, which would coincide with the end of the college spring term. Councilman Saverud supported that solution. Councilman Manning moved to amend the motion to change the term of the lease to a maximum of six months. Councilman Saverud seconded and the amendment carried with Councilwoman Hafferman opposed. The motion as amended carried with Councilwoman Hafferman opposed. Council President Councilman Palmer suggested the Council President be elected on an annual basis to be done at the second meeting in January and if there were no objections it would be brought up at the second meeting of January, 1987. PUBLIC SAFETY Multi -Channel Recorder Bids Councilman Schindler reported the Safety Committee, having power to act, has accepted the low bid of Dictaphone for $14,811. Schindler also reported the Police Chief has requested permission to use some of the unused budget to purchase a Dictaphone Model 1100 call check recorder. This would cost $2,336.00 installed. He so moved, Councilman Grainger seconded and the motion carried. Schindler next reported the Fire Department would like to use $900.00 to buy 6 Lifeguard personal distress devices and would like to replace the 1980 fire code books costing $482.00. These requests would also be funded by the remaining Multi -Channel Recorder Revenue Sharing Budget. Councilman Schindler so moved, Councilman Grainger seconded and the motion carried. Alarm Charges Councilman Schindler reported the Committee is looking at updating the fee schedule for alarm system monitoring and false alarm fees. ' ANNEXATION - no report COMMUNITY DEVELOPMENT AND PUBLIC BUILDINGS Westside Park Project Councilman Saverud reported the committee has met with the appraiser and reviewed his appraisals. The committee moved to establish the fair market value based upon the appraised values. The Community Development Director then met with all five property owners and discussed the values with them as well as the proposed offer to sell document. We may need to call a special council meeting prior to year-end to review offers and authorize the purchases. 475 Councilman Ruiz asked what would happen if not all parcels are offered to the City. A general discussion ensued with the conclusion reached that the council must decide if they want to pursue eminent domain or scale down the project. The hope is that all property owners will come to terms with the city. Resolution #3707, passed at the last meeting, commits the City to buying all the parcels. PERSONNEL AND POLICY - No report PUBLIC WORKS Developers Diversified - Release of Easement Councilman Ruiz reported on a request from the City Attorney that the City release a general easement across property owned by Developers Diversified. There would remain a specific easement which is adequate to meet the needs of the City. Councilman Ruiz moved the Mayor be authorized to sign the release of easement. Councilman Grainger seconded. The motion carried. WATER AND SEWER - No report PARKS AND PUBLIC LADS - No report ACKNOWLEDGEMENPS AND AIDUNCEMEBI'S Mayor Kennedy reported he had changed the agenda format (added "Changes in Agenda" and replaced "Miscellaneous" with "Announcement and Acknowledgements") to try to be more efficient during the meetings. Anyone wishing to discuss something not on the agenda is requested to identify it during the call for "Changes in the Agenda". Judge Willis Certification Mayor Kennedy reported Judge Fran Willis has passed her test and is now certified as a Montana Judge. Out of State Councilman Grainger reported he would be out of state from now until January 4, 1987. Councilman Palmer said he would probably be out of town for a period of ten days which would include the next meeting. Adjourn Councilman Grainger moved for adjournment, Councilman Schindler seconded and the meeting was adjourned at 8:58 pm. Approved as presented January 5, 1987 ATTEST: 1z: _. Don Halver, Clerk/Treasurer Ed Kennedy, Mayor