12/22/86 SP City Council MinutesF&
in "Ed" Kennedy, Jr.
Mayor
n
CITY OF a
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December 18, 1986
S P E C I A L M E E T I N G
TO THE F014ORABLE BOARD OF COUNCILMEN
CITY OF KALISPELL, 1,101, ANA
COUNCIL MBEP,S:
Drawer 1997
Kalispell, Montana
59903-1997
There will be a Special Meeting of the City Council Plonday, December 22,
1986 at 5:00 P. M. in the Council Chambers at City Hall for the following
purpose:
TO RATIFY. K.P.A. CONTRACT
We, the undersigned, being all of the mertbers 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, December 22, 1986 at 5:00 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 befo the City Council.
Ed Kennedy, Mayor
ATTEST:
--
Don-;Aalveyr, City- lerl reasurer("
Wayne P. gaverud
OUT OF TOWN
}� Howard G. Grai
Paul R. aPel
dy Schindle
� �lk
Louis B. Ruiz{ '
477
A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 5:00 P.M. MONDAY DECEMBER
22, 1986 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMEN
NYSTUL AMID GRAINER WERE ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
Councilman Saverud moved for a closed session for the purpose of discussing negotiation
on the Police Association contract. Councilman Schindler seconded and the motion
carried.
' Mayor Kennedy declared the meeting closed.
At 6:05 P.M. Mayor Kennedy reopened the meeting.
Police Contract
Councilman Saverud moved the Mayor be authorized to sign the proposed agreement between
the City of Kalispell and the Kalispell Police Association for the period January 1,
1987 - June 30, 1989. Councilman Schindler seconded and the motion carried.
Wastewater Treatment Plant Litigation
City Attorney reported on the history of the litigation. He reported we have a offer
to settle at $400,000.00 with the settlement to be paid $125,000.00 on closing,
$90,000.00 on the first and second anniversary of closing and $95,000.00 on the third
anniversary.
He recommended the council accept the offer. He expected we would net $260,000.00 to
$270,000.00 after payment of costs and settlement with E.P.A. on their share of the
settlement.
This settlement would be the final action on the case, there are no other suits or
claims pending.
Resolution #3710
Councilman Ruiz moved adoption of Resolution #3710, a resolution accepting an offer of
' settlement presented by third party defendents in S & S CAMPERS, MFG. vs CITY OF
KALISPELL, ET AL, Flathead County Cause No. CV-79-429. Councilman Schindler seconded.
The motion passed unanimously upon roll call vote.
West Side Park Project
Councilman Saverud reported on the progress of negotiations on the six lots.
Lot 1. The owners are seriously looking at moving the buildings to another location.
Lot 2. The owners have signed an offer to sell to the City.
Lot 3. The owners aren't really satisfied with the fair market value.
Lot 4. The owners have signed an offer to sell.
Lot 5 & 6. The owners have some questions on the value of lot 5, are relatively
satisfied with the value of Lot 6; they are not concerned with trying to close before
the end of the year for capital gains purposes.
Councilman Saverud pointed out the offers to sell provided that the offer would expire
December 31, 1986 and any that were signed and returned by that deadline he feels we
are obligated to purchase.
Mayor Kennedy suggested not buying parcel 6, Councilman Saverud suggested forgetting
both 5 and 6.
Councilman Schindler reported he has received comments from citizens in the area who
are concerned the project will be used for parking for the high school when they were
told it would be used as a park.
Councilman Saverud referred to a letter from Bill Cooper which reaffirmed that the
original concept is being maintained with limited parking included in the plan.
Councilman Palmer moved the City accept the offers to sell on Parcels 2 and 4.
Councilman Schindler seconded to get the motion on the floor.
Councilman Palmer felt the offers should have been contingent on obtaining all the
properties, we have authorized the staff to negotiate with these owners in good faith
Elm
and therefore should honor those negotiations and was in favor of the motion.
Councilman Schindler spoke against the motion, he did not feel it is fair to the
taxpayers to make these piecemeal purchases.
Councilman Ruiz spoke against the motion, stating he didn't feel there was a breach of
good faith since we were only coming in with only two parcels out of six and have not
actually signed the offers.
Councilman Manning spoke in favor of the motion because the park land is needed, open '
land has been lost with the growth of the high school.
Councilmen Manning and Schindler discussed whether we will get enough adjoining lots to
make the project possible.
Councilman Saverud spoke in favor of the motion because the December 31, 1986 deadline
does not kill the project. He is optimistic Lots 1 and 3 can be acquired.
Councilman Palmer asked if his motion could reflect that the price of Lot 4 was for
$37,000.00 and #2 was for $46,500.00
Upon show of hands vote, Councilmen Saverud, Palmer and Manning voted yes,
Councilmembers Ruiz, Hafferman and Schindler voted no. Mayor Kennedy stated we have
$200,000 available from the bond for this purpose only, if not used for that purpose,
we can't use it for anything else except paying back the bond. Therefore he voted
yes and declared the motion passed.
Public Safety Seminar
Mayor Kennedy reported there is a seminar regarding "The Public Safety Concept for
Administrators" to be held January 12-14, 1987 in Phoenix, Arizona. He is planning on
attending and is suggesting the Fire and Police Chiefs also attend. It will cost about
$1,000 per person. He and the Police Chief have sufficient school and travel budgets
but the Fire Chief doesn't. Mayor Kennedy requested the Fire Chief be allowed to use
funds from Ambulance Capital Outlay for his portion.
Councilman Ruiz asked the Mayor consider retaining some travel budget to go to Helena
for Legislative hearings etc. He was not in favor of transferring Ambulance money for
the Fire Chief's travel.
The feeling of the council was that only the Mayor should go and bring back the
information for discussion and consideration.
Councilman Schindler moved for adjournment, Councilwoman Hafferman sec nded and the
meeti ng was adjourned at 7:18 pm. G�
Approved as presented January 5, 1987
Ed Kennedy, Mayor
ATTEST:
Don Halver, Clerk/Treasurer