Loading...
07/20/87 City Council Minutes544 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY JULY 20, 1987, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMAN GRAINGER WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AWARD PRESENTATION Police Officer Jim Brown presented Certificates of Award for Meritorious Service to Jennifer Hjelseth and Lilly Morand for their attempts to revive an elderly man who had suffered a heart attack. 'Mayor Kennedy expressed the City's pride in having Lilly and Jennifer as citizens of Kalispell. APPROVE MINUTES Regular Meeting July 6, 1987 Councilman Nystul moved the minutes be approved as presented. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL Stephen Herbaly, Flathead Regional Development Office Director, reviewed the operation of his Office for the past quarter. No one else asked to address the council. PUBLIC HEARING: Proposed Creation of S.I.D. #339 Mayor Kennedy opened the public hearing and Councilman Nystul explained the purpose of the district. Mayor Kennedy called upon Clerk/Treasurer Halver to read the opposition letters. Halver read letters opposing the project from James Marshall, owner of Lot 1 & East 1/2 lot 2, Ted's Addition, Fred C. and Jacqueline M. Hagel, Lot 3, Hendrickson Addition #70, and Kenneth R. and Emily L. Sampson, Lots 1 & 2, Hendrickson Addition #70. Halver also reported he received a petition of opposition signed by owners of seven of the lots affected by the proposed district. Halver said it appears that owners of 9 & 1/2 of the 18 lots in the proposed district are opposed. Opponents Ron Miller, 425 Sunnyview Lane, would like to have a sewer line available, but opposes this project on the basis of cost. Proponents John Williamson, owner of 92-98 Grandview, said he is the instigator, and this looked like the best way to solve his septic tank problem. Ken Sampson, 81 Grandview, asked if there were any other way to allocate the costs that would be more equitable per household. Councilman Nystul explained there wasn't a better method allowed under the S.I.D. laws. With no one else responding to his call, the Mayor declared the Public Hearing closed. CITY OFFICIAL REPORTS Treasurer's Report June Police Chief " ' City Judge " Building Official " Fire Department Second Quarter Councilman Nystul moved the reports be approved as presented. Councilman Schindler seconded and the motion carried. MAYOR'S REPORTS Preliminary Budget Mayor Kennedy reported the preliminary budget has been delivered to the council and he reviewed some of the highlights. He suggested the preliminary budget be adopted tonight instead of calling a special meeting later in the week. I 545 Councilman Nystul asked for a staffing narrative to accompany the budget. Councilman Ruiz preferred to have two or three days to study the budget before it is adopted. Councilman Schindler said the preliminary budget could be changed. He then moved (to get it on the floor) the preliminary budget be adopted. Councilman Ruiz seconded for purposes of discussion. Councilman Saverud suggested a work session to review the budget by line item. ' The motion carried and the Mayor declared the Preliminary Budget adopted. The council then agreed upon a work session on the budget to be held at 7:00 am., Wednesday July 22, 1987. Schedule Council Budget Meetings Clerk/Treasurer Halver reported we are required to hold a Budget Hearing Meeting on Wednesday August 5, and adopt the Final Budget on August 10. Councilman Saverud moved we cancel the normal Council Meeting of August 17, and conduct general business in conjunction with the Council Meeting to be held August 10 for approval of the budget. Councilman Schindler seconded and the motion carried. COMMITTEE REPORTS: ANNEXATION - No Report COMMUNITY DEVELOPMENP Councilman Saverud announced there would be a Committee Meeting for Tuesday July 22, 1987 at 4:00 pm. PERSONNEL & POLICY Salary Matrix Councilman Saverud reported the committee recommends the matrix and employment contracts for the non -union city requests permission to begin working on this project. Policy Committee be authorized to prepare a salary matrix Department Heads and other non -union officials for council Schindler seconded. council prepare a salary employees. The committee He moved the Personnel and and employee contracts for consideration. Councilman Saverud explained the contracts would clarify the salary, probationary period, peres, etc., for employees. Councilman Ruiz asked if duration was being addressed. The motion carried. PUBLIC WORKS - No Report WATER & SEWER Letter on Proposed Discharge Permit Limitations Councilman Nystul reported the City is now considering upgrading the present Sewage Treatment Plant and discharging into Ashley Creek year around within the limits of 10 miligrams per liter B.O.D., 10 miligrams per liter Total Suspended Solids, and one miligram per liter Phosphorus. He said the engineering estimates for upgrading the plant are roughly equal to the the cost of the pipeline. Councilman Nystul moved the Mayor be authorized to send a letter to the Water Quality Bureau, proposing modified year around discharge to Ashley Creek from the Wastewater ' Treatment Plant. Councilwoman Hafferman seconded and the motion carried. Ashley Creek Water Rights Councilman Nystul reported the city has protested the proposed appropriation of Water Rights from Ashley Creek for a party to irrigate hay crops. At the hearing, the hearing officer wanted the City's compliance schedule regarding discharge into Ashley Creek. Nystul moved the Mayor, Water/Sewer Superintendent and City Attorney be authorized to respond to the D. N. R. C. hearing officer with our anticipated time table. Councilman Saverud seconded and the motion carried. 546 Resolution to Create SID #339 Councilman Nystul asked if the residents have any additional comments. Ken Sampson said he couldn't afford to pay $14,000 for a residence with one bathroom while a property across the street pays less for 4 residences. Councilwoman Hafferman asked why the legislature hasn't provided more options. There was general discussion about a developer's extension agreement to provide for the future hookup of the Hendrickson Addition and leave it out of the present district. It was also asked if the proposed district could form a homeowners association and use a developer's extension agreement to get the service. Public Works Director Hammer stated "the Public Works Department staff was considering protesting this, simply because we've never seen it, we've never heard about it, we really know nothing of it. It was a surprise that it got by the Public Works Department because normally, even on a proposed SID, we like to take a look at the extensions, the developer's extension agreements and everything else and we haven't seen anything on this, we don't know how it got on the floor." Terry Richmond replied he had several meetings with Andy Hyde and Glen Neier and reviewed his notes and read off several meeting dates regarding the project. Councilman Nystul told the Mayor we were getting off the track and if there was a communication problem with staff he trusted the Mayor would address it; Councilman Nystul said the Water/Sewer Superintendent was aware of the project a year ago. Councilman Schindler said he thought the project should be set aside until an alternate method of funding is developed. Councilman Nystul didn't feel it could wait two years and suggested the Hendrickson Addition lots be left out of the project and proceed with the other 15 in the district. Terry Richmond reported the construction would cost 51,700 and the rest of the $75,000 would provide for the engineering, bond costs and administration and was probably a high estimate. Resident Ken Anderson said dropping the Hendrickson lots would raise the share of the costs of the remaining 15 properties and there would probably be more people protesting. City Attorney Neier said changing the lots in the district would require starting the legal process over again. Councilman Nystul reported no action would be taken on the Resolution tonight and something would be presented at the next council meeting. He did not feel an additional Public Hearing was needed but if the council wanted an additional letter sent to the property owners it we could do one. Ashley Creek Water Samples Councilman Nystul reported Andy Hyde has suggested water samples be taken from Ashley Creek during the warm months of July, August and September to establish some base line data for discussions with the Water Quality Bureau. Councilman Nystul moved the Water/Sewer Superintendent be authorized to acquire professional services to take water samples from Ashley Creek if he so chooses. Councilman Ruiz seconded and the motion carried. 'First Alley West Councilman Nystul reported they are considering doing the sewer portion of the project this year and not paving the alley until next year. He called upon Jay Billmayer to explain. Billmayer reported the Public Works staff was not in favor of leaving the alley unpaved. There is some risk that the paving season may be over before the alley could be paved this year. Another problem is that the trench where it crosses the streets would have to be paved with a temporary patch. He recommended the sewer project be done this year and wasn't sure what to do about the paving. 547 Councilman Saverud suggested only a temporary surface be put down until the conduit is installed and the poles removed. Councilman Ruiz asked about waiting until next year and doing it all at once. Billmayer said there still may a time gap between installing the sewer system and getting the utilities moved which may leave the alley unpaved temporarily. Approve Conduit Councilman Nystul moved the Council commit ninety seven plus thousand to the First Alley West Project out of Tax Increment moneys for installation of the utilities conduit. Councilman Saverud seconded. Assistant Fire Chief Waggener said their work would be much safer if the power lines were gone. The motion carried. Project Schedule Councilman Nystul moved the First Alley West Sanitary Sewer Replacement and Conduit Installation be anticipated for April 1, 1988 advertisement. Councilman Schindler seconded and the motion carried. PARKS & PUBLIC LANDS Griffin Field - Phase II Councilman Manning reported the Parks Committee minutes of the last meeting shows the options and they have recommended option 6, consisting of the Multi -purpose Building and the Lighting. Manning explained the items not chosen are considered to be the projects which most likely could be handled by temporary installations and/or built by volunteer construction. After considerable discussion and explanation, Councilman Manning moved acceptance of option 6; $70,000 for the Restrooms, Concession & Press, $31,000 for the Lighting, $4,000 for the poles with remaining $4,000 donated by Harp Line Construction, and Engineering fees which would bring the total project budget to $220,000. Councilman Nystul seconded the motion. Councilwoman Hafferman spoke against the motion as she has opposed the project since. the start. The motion carried with Hafferman voting no. Councilman Manning moved the Mayor be authorized to sign the appropriate contracts to get Phase II underway. Councilman Nystul seconded and the motion carried. Lions Park Lease Agreement Councilman Manning reported the Chamber of Commerce does not want to maintain the Restrooms at Lions Park and are concerned about the poor condition of the restrooms. The volunteers are generally not dressed appropriately nor willing to clean the restrooms. The Committee feels something can be worked out on maintenance but the equipment must be fixed. Nick Haren said the board would like, first of all, to see a signed lease. He thought his people could do minor maintenance on weekends if the city is handling it during the week. In the meantime, if the maintenance problem can't be solved, the restrooms should be closed. They are creating a terrible image problem. Pieter Drent reported the fixtures are old fashioned and are most of the problem. He said his crews are maintaining them three times a week, even though he has understood ' it was the Chamber's responsibility. Councilman Manning concluded we need to get a signed lease and look at the budget to get funds to fix up the facilities and look into the availability of the donated fixtures. Haren said the agreement which should have been signed in 1985 was not acceptable because they can't accept responsibility for cleaning the restrooms. Willow Glen Dumpsite Offer Councilman Manning reported the committee has received another offer to buy the old City Dumpsite Property on Willow Glen Drive, this time for $11,000. The committee recommends rejection of the offer because the long range plans may require use of that 6T,U land for future park use. Also we would have to get it appraised and sold through public auction. The council concurred. Parks Director Replacement Manning reported the Parks Committee met in conjunction with the Personnel and Policy committee and they concluded the Position of Parks and Recreation be continued and advertise for a replacement for the retirement of Pieter Drent. He so moved and Councilman Nystul seconded. Councilman Saverud said there was discussion on whether the position should answer to the Mayor or be under supervision of another department. The committee decided to leave that open for now. The motion carried. Manning reported the advertisements would hopefully be out by August 1, closed August 15, appoint September 1, and be on site October 1. Councilman Manning said Pieter was asked to postpone retirement until September 1, so he could help review applicants and possibly work a little with his successor. Manning moved the motion of July 6 be amended to make Pieter Drent's retirement effective September 30, 1987 and Councilman Schindler seconded. Councilman Ruiz spoke against the motion, stating we already took action on his retirement with a specified date and if we haven't made plans for his replacement we have to live with it. Councilman Manning explained we would have to short change other projects is someone has to fill in until his replacement is named and here. The motion carried with Councilman Ruiz voting no. Manning next moved to amend the motion of July 6 appointing Public Works Director Hammer and the Public Works and Parks Committees to take over the responsibilities of the Griffin Field Construction Project effective upon Pieter Drent's retirement on July 31, be changed to September 30. Councilman Nystul seconded. Councilman Ruiz said he would vote no for the same reason as the first motion. The motion carried with Councilman Ruiz voting no. Eagle Scout Project Councilman Manning reported P. J. Sorenson has requested permission to erect the flagpoles at the new Griffin Field as an Eagle Scout Community Project. Manning moved the City endorse that project. Councilman Nystul seconded. After discussing liability, Manning moved to amend his motion to require that the liability question is resolved. Nystul seconded the amendment and it carried. The original motion, as amended, then also carried. Councilman Ruiz asked if we needed any permit for putting up the lights at the ballfield. FINANCE & ADMINISTRATION Approve Claims Councilwoman Robinson moved the claims found in order by the Finance Committee be approved for payment. Councilman Nystul seconded and the motion carried. (The claims 'are listed in the Accounts Payable Register) Fund Transfer Resolutions Resolution 3736 Councilwoman Robinson moved approval of Resolution 3736, a resolution authorizing the transfer of $41.70 from the 1977 Sidewalk and Curb Fund to the SID Revolving Fund. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3737 Councilwoman Robinson moved approval of Resolution 3737, a resolution authorizing the transfer of $35.65 from the Depot Park Grant Fund to the General Fund. Councilman Nystul seconded and the motion carried upon roll call vote. 549 Resolution 3738 Councilwoman Robinson moved approval of Resolution 3738, a resolution authorizing the transfer of $2,641.59 from the 1978 Sidewalk and Curb Fund to the SID Revolving Fund. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3739 Councilwoman Robinson moved approval of Resolution 3739, a resolution authorizing the transfer of $497.81 from the 1976 Sidewalk and Curb Fund to the SID Revolving Fund. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3740 Councilwoman Robinson moved approval of Resolution 3740, a resolution authorizing the transfer of $174.33 from the Bureau of Outdoor Recreation Fund to the General Fund. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3741 Councilwoman Robinson moved approval of Resolution 3741, a resolution authorizing the transfer of Budget Line Items within the Tax Increment Fund Budget. Councilman Manning seconded and Clerk/Treasurer explained the transfer. The motion carried upon roll call vote with Hafferman and Schindler voting no. PUBLIC SAFETY Councilman Schindler reported the retirement of Sergeant Stotts creates the need to add a patrolman to the force. He moved the Police Chief be authorized to start the proceedings for a police patrolman replacement. Councilman Saverud seconded. Schindler said the interviewing would establish a list of qualified applicants which would be kept up to date and used for one year. The motion carried. Councilman Schindler announced there would be a Safety Committee meeting Tuesday, July 21, 1987, at 5:00 pm., to discuss the Fire Department Budget. APPOINTMENTS Mayor Kennedy announced the appointment of Craig Kerzman to Acting Building Official. He will receive the salary ordinance salary until replaced. Councilman Schindler moved confirmation of the appointment, Councilman Saverud seconded and the motion carried. Councilman Schindler reported there will be an open executive session after this meeting. ADJOURN Councilman Saverud moved for adjournment, Councilwoman Hafferman seconded and the motion carried. The meeting adjourned at 10:05 pm. Approved as presented August 3, 1987 ATTEST: Don Halver, Clerk/Treasurer �L Ed Kennedy, Mayor 1