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01/19/87 City Council Minutes485 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, JANUARY 19, 1987, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMEN PALMER, GRAINGER AM COUNCILWOMAN HAFFERMAN WERE ABSENT. ALL OTHER ODUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Regular Meeting January 5, 1987 Councilman Saverud moved the minutes be approved and Councilman Nystul seconded and the motion carried. CITY OFFICIAL REPORTS Treasurer's Report December Police Chief " City Judge " Building Official " Councilman Nystul moved the City seconded the motion and carried. Official Reports be approved. Councilman Schindler ADDRESSING THE COUNCIL Salary Ordinance Tom Woytus, Kalispell businessman, voiced his concerns regarding the recent wage bargaining. At what point do the City, County and State salaries continue to rise and the private sector continues to drop? Why does the private sector have to bear the brunt of the increase on the public sector? After talking with other area businessmen, his overall concensus was the average business is down 25%. He requested this issue be addressed. Councilman Manning pointed out the wage increase was roughly 6% in the past 2 years. Councilman Schindler recommended to Tom Woytus that some of the other businessman relay to the Council what they are doing for their employees, as far as raises and benefits. Tom commented on many businesses leaving the valley because they just cannot make it. COMMITTEE REPORTS: WATER & SEWER Second Reading , Ordinance #1092 Requiring Use of Public Sewer An Ordinance requiring the use of public sewer by residents of the City of Kalispell, and providing an effective date. Councilman Nystul announced the change in the second paragraph of Section 1, regarding hookup within reasonable time, the change is to read within 180 days after notification. This clarifies the reasonable time. Councilman Nystul moved adoption of second reading of Ordinance 1092. Councilman Schindler seconded the motion and upon roll call vote, motion carried. Water Department Drop Boxes at B&B. Councilman Nystul reported the committee had received a proposal from the other utility companies in town who are establishing drop boxes at B&B for payment of telephone, power, electric, and cable TV . They were asking if the City would like to join. There would be little or no cost to the City and an added convenience to residents of the community. The committee recommends the mayor be authorized to proceed with this project. Councilman Nystul moved the mayor be authorized to proceed with the other utility companies to organize a drop box at B&B. Councilman Ruiz seconded, and the motion carried. Change Order No. 1, S.I.D. #337 Councilman Nystul explained this change order. The project got started later than anticipated. The proposal is to increase the contract time to 60 additional working days. The second portion of the change order is to add 200 lineal feet of 8 inch gravity sewer and one 4 ft. manhole. This would serve the O'Neil property, which is the largest participant in the S.I.D. The cost of this change is $4,684.00. The committee recommends this adoption. Councilman Nystul moved the adoption of Resolution 3711, approving change order #1. Councilman Schindler seconded the motion. With roll call vote, the motion carried. I Em. Councilman Nystul reported the Committee recommends the Construction Inspection contract for S.I.D. #337, based upon EPA procurement requirements, be awarded to Carver Engineering. This would amend the contract with Carver Engineering to include the construction inspection as well as some additional services for the O&M manual and post construction work. The total price is $26,806.92 plus $2,905.79, profit and overhead. Councilman Nystul so moved the Mayor be authorized to sign the amendment to the Engineering agreement for the Woodland Park Sewer project with Carver Engineering. Councilman Schindler seconded and the motion carried. PARKS & PUBLIC LANDS ' Resolution 3712 A resolution establishing policies to be applied by the Director of Parks & Recreation in reviewing and granting applications of individuals or groups desiring to utilize City -owned property. Councilman Manning explained Item 2 in Exhibit B addresses specifically baseball and softball. He felt it would be better not to limit only to these sports, but basically all league play. He questioned the intent of rule #9, no horses allowed in the City park. After discussion, it was decided it would be better stated as, "no horses allowed in City Parks except on roadways." With no other changes, Councilman Manning moved for adoption of Resolution 3712, as amended. Councilman Schindler seconded the motion and on unanimous roll call vote, the motion carried. FINANCE & ADMINISTRATION Approve Claims Councilman Ruiz moved the claims found in order be paid and Councilman Nystul seconded, and the motion carried. PUBLIC SAFETY Resolution 3713 - Recommendation to Adopt Safety System Alarm Monitor Fees ' A resolution authorizing the Chief of Police and Fire Chief to establish alarm charges for individuals and businesses that utilize city facilities and personnel for fire and burglary alarms. Councilman Schindler explained of the change in Section II, to read, "the Police and Fire Chief are further hereby directed to establish a fee, at their discretion, for responding to alarms which prove to be false." Councilman Nystul requested the word governmental in Section III be defined. Councilman Schindler explained any other governmental agency as the National Guard or FBI office. Councilman Schindler so moved resolution 3713, as amended, and Councilman Saverud seconded. After much discussion, Councilman Saverud moved to table the motion until the next meeting and Councilman Schindler seconded and carried unanimously. Request for Temporary Replacement for Sgt. Fredenberg Councilman Schindler reported Sgt. Fredenberg has been off work for 4 months due to an injury. Councilman Schindler moved the Police Chief be authorized to hire the next person on the hire list and Councilman Ruiz seconded, motion carried. I Councilman Saverud asked City Attorney Neier if the elgibility list is current and if this sort of procedure is acceptable under hiring practices? City Attorney Neier concluded the procedure is acceptable. With unanimous vote, the motion carried. I" Recommendation for Pumper Bid Councilman Schindler reported the committee had received a recommendation from Fire Chief Larson on the Fire Truck bid. He relayed, after a thorough review of the bids submitted, the apparent low bid was not consistent with the specifications which we sent. Therefore, the bid from General Equipment for Grumman Fire Apparatus was the recommendation from Chief Larson and the committee. The bid amount is $136,469.25. Additional equipment will be purchased locally amounting to $8,600.00 for a total budget of $145,569.25. Councilman Schindler moved the bid be accepted and Councilman Nystul seconded and the motion carried. Ordinance 1093-First Reading An ordinance to limit the parking of a motor vehicle for a period of greater than thirty (30) minutes on the south side of First Street East from Main Street to First Alley East, to provide for the installation of signs in the affected area, and to provide an effective date. Councilman Schindler so moved the First Reading of Ordinance 1093 and Councilman Nystul seconded the motion. With roll call vote, the motion carried. ANNEXATION Ordinance 1090- Second Reading An ordinance to amend the City of Kalispell Zoning Ordinance , Ordinance No. 885, as amended by Ordinance No. 920 and 953 by conforming the requirements of non -conforming uses within the City allowing the change of a non -conforming use to another similar non -conforming use upon review by the Board of Adjustment. Councilman Manning moved the second reading of Ordinance 1090. Councilman Nystul seconded the motion and carried after roll call vote. Resolution 3714 - CHM Financial Park A resolution conditonally approving the preliminary plat of the resubdivision of Lot one (1) of the "amended plat of a portion of Gateway West addition No. 34" to the City ' of Kalispell, SE 1/4, Section 12, T28N, R22W, P.M.M., to be known as CHM Financial Park. Councilman Manning stated at the previous council meeting there was discussion concerning some of the access problems and upon review , postponed until this reading. Dawn McAllister from Marquardt Engineering addressed the council regarding changes they felt necessary. In Section 1, #1, of the Resolution, after discussion with City Attorney Neier it was felt what was really wanted was 28 ft. of roadway rather than 60 ft. because there is a reciprocal easement over the entire area. She provided the council with maps to show exactly the location. She also recommended the location may be changed but not reduced in width. Councilman Manning asked Public Works Director Hammer if he could foresee any problems with the width change. Hammer recommended 32 ft. rather than 28 to accomodate any possible sidewalks in the future. Dawn McAllister pointed out the other change in the resolution. Section 1, #16, that a green belt be provided in accordance to Section 4.05 of the Kalispell Zoning Regulations. She felt this was unnecessary, as it will be addressed when the building permit is issued. Councilman Saverud questioned the naming of Financial Drive. He wanted to make sure it was not duplicated. ' Section 1, #3, delineation of the traffic pattern flow. After discussion, it was agreed to add: meeting approval by Director of Public Works and Police Chief. Councilman Schindler spoke against the Resolution, stating he felt this would be creating more of a mess than what is there now. Councilman Manning summarized the amendments and so moved the adoption of Resolution 3714 and Councilman Nystul seconded. With roll call vote, Councilman Schindler voting no, the motion carried. COMMUNITY DEVELOPMENT & PUBLIC BUILDINGS -no report M PERSONNEL & POLICY Ordinance 1091-Second Reading An Ordinance amending ordinance No. 1089, fixing the limits of the salary and compensaton of the City officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning January 1, 1987; repealing all other ordinances in conflict therewith. Councilman Saverud moved the adoption of Ordinance 1091-Second Reading. Councilman Schindler seconded the motion. Councilman Saverud responded to the public comment by Tom Woytus. He said this particular document being amended is a result of collective bargaining with one of our three bargaining units. As a Councilperson he wanted Tom to know his comments are heard and appreciated. He commended Tom on being the first resident of Kalispell to come forward and say "hold the line". Councilman Schindler seconded Councilman Saverud's comments. He said he would like to see more people come before the Council and express themselves. Councilman Saverud explained the City Attorney has reviewed a number of license and permit bonds. He moved those bonds being acceptable to his review be approved. Councilman Nystul seconded the motion and with vote, motion carried. Gary E. Havens & William J. Gehlhoff DBA Longhorn Pawn Charles Clark DBA Chuck's Plumbing & Heating Bosket & Sons Plumbing, Inc. Denning Sheet Metal, Inc. Glacier View, Inc 4 G Plumbing & Heating, Inc. 4 G Plumbing & Heating CB Inc, DBA Carson Brothers Northern Energy, Inc. Lyford Plumbing & Heating, Inc. Pack & Company William P. Driscoll Hamilton Enterprises, Inc. DBA Master Plumbing & Heating Hamilton Enterprises, Inc. DBA Master Plumbing & Heating Delbert L. Maltby Eugene R. Thomas DBA E. Thomas Electric Pawnbroker 1,000.00 Plumbing 1,000.00 Plumbing 1,000.00 Gas Fitter 3,000.00 Gas Fitter 3,000.00 Gas Fitter 3,000.00 Plumbing 1,000.00 Gas Fitter 3,000.00 Gas Fitter 3,000.00 Plumbing & Gas Fitter No Limit Plumbing 1,000.00 Plumbing 1,000.00 Gas Fitter 3,000.00 Plumbing 1,000.00 Electrician 3,000.00 Electrician 1,000.00 PUBLIC WORKS Employee Layoffs Councilman Ruiz commented on the size of the Public Works Department since 5 employees have been laid off. He stated he is left with a supervisor, a working foreman and 2 employees. He felt the Street Superintendent should be laid off also. If employees are cut , management should be cut also. Since the Personnel & Policy chairman, and most of the Public Works Committee are not present, he intends to call a meeting when everyone is back. Councilman Ruiz does not want to hear any discussion at this time because the committee is not here. The committee did not share any discussion prior to the termination of these 5 employees. If the Committee's input was not needed or wanted at that time, he did not want to entertain anything on it at this time. Councilman Nystul commended the Street Superintendent for bringing this to the ' attention of management, the fact that in years past we have been paying for lack of productivity. He stated it was unfortunate we suggest rewarding someone who has brought this to our attention by laying him off. Councilman Ruiz replied it was at that point that the committee should have met. It is being said the employees have been stealing from us. He stated he refused to believe that. He felt we had some employees out there that are very dedicated to the City and have pride in their jobs and selves. He wished there would have been discussion between the Public Works Committee, Public Works Director, and the Street Superintendent before this layoff became a fact. He commented that he did not feel it was not justified, but that communication should have taken place. M Public Works Director Hammer sta ed he felt it unfortunate that the statement of laying off the Street Superintendent be made. He continued, the Street Superintendent is responsible for more than just the streets. He added that now more than ever that position is crucial. The intention of the lay offs was to save tax dollars where Poss Ible. Kennedy commended Street Superintendent Brady for his cost saving measures and Alt he should be commended and not fired. Councilman Schindler pointed out in the past, the previous Street Superintendent had a tendency to stretch out the work to make it last until there was more work. He said we do now have an extremely efficient Street Superintendent that runs a much tighter ship. These layoffs may be justified because things are being run entirely different. ACKNdI+1LIDGCMENP, ANNOUNCEMENTS AND APPOINTMENTS Fire Chief Commendation Counc lman Schindler, on behalf of the Public Safety Committee, commended Fire Chief Larson and Ted Waggener on their thorough job of going over the Fire Truck bids. They put iln extra effort to assure the best bid and offers possible. ADJOURN Councilman Nystul moved the meeting be adjourned and Councilman Schindler seconded the motion. The meeting was adjourned at 9:10 p.m.. Apprnived as presented February 2, 1987 y Ed Kennedy, iiiyor M 7