10/19/87 City Council Minutes572
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY OCTOBER
19, 1987 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL
COUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting, to order and led the Pledge of Allegiance.
POLICE OFFICERS OATH OF OFFICE.
Police Chief Clark introduced new Police Officers Paul Jacobs and Rick Jenson. Mayor
Kennedy then administered their oaths of office.
'APPROVE MINUTES
Councilman Nystul noted there was no record of a vote on the motion regarding the new
Copier. He then moved approval of the minutes of the October 5, 1987 meeting as
corrected. Councilman Schindler seconded and the motion carried.
ADDRESSING THE COUNCIL•
Steve Cummings, representing the Lutheran Home requested his addressing the council be
allowed during the Finance Committee reporting.
BID OPENING
Hockaday Heating System
Clerk/Treasurer Halver reported there was one bid but it had not been submitted by the
5:00 pm. deadline listed in the advertised specifications. Ross Plambeck reported he
had gone over to the Hockaday Art Center after 5:00 pm. to see if any bids had been
dropped off there. A little after 5:00 Greg Carson found Ross and gave him the bid,
explaining he was late because he had needed to take his boy to the Hospital. Halver
also reported the bid envelope did not show a Montana Contractor's License reference,
also as required by the advertised specs.
Councilman Schindler moved the time deadline be waived. Councilman Nystul seconded
and the motion carried.
Clerk/Treasurer Halver opened the bid from Carson Brothers Incorporated and reported a
base bid of $25,629.00 with an addition of $384.00 for Alternate One. Halver reported
the bid did not contain the required 10% bid bond. The bid showed Contractor License
Number 4712-A.
Councilman Saverud moved the bid be referred to the City Development Committee to
report back at the next meeting. Councilman D?ystul seconded and the motion carried.
CITY OFFICIAL REPORTS
Treasurer's Report (September)
Police Chief 11
City Judge "
Building Official "
Councilman Diystul moved the City Official Reports be approved as presented. Councilman
Grainger seconded and the motion carried.
MAYOR'S REPORTS
Parking Commission - Griffin Field
Mayor Kennedy reported the Parking ComQaission has made a recommendation regarding
Griffin Field. He referred the recommendation to the Community Development Committee
for discussion and report back at the next council meeting.
League of Cities & Towns Convention
Mayor Kennedy said the convention held in Billings was a very good meeting. Kalispell
was successful in getting the 1988 convention in Kalispell at the Outlaw Inn. Both the
Outlaw and Cavanaugh's made very good presentations in bidding for the convention at
'Kalispell.
COMMITTEE REPORTS:
COMMUNITY DEVELOPMENT
Griffin Field Demolition Contract
Councilman Saverud reported Mr. Louden, representing Owens Construction, had left out
an $8,000 subcontract amount out of his bid and requested his bid be withdrawn.
Saverud moved the bid bond of Owens Construction be returned and the bid bond be
rejected. Councilman Schindler seconded and the motion carried.
Councilman Saverud then moved the Mayor be authorized to enter into contract with
Anderson Masonry Inc., in the amount of $15,961.00 for the demolition of Old Griffin
Park. Councilman Schindler seconded and the motion carried.
573
PERSONNEL & POLICY
Ratify AFSCME Contract
Councilman Grainger moved ratification of the AFSCME contract effective July 1, 1987.
Councilman Saverud seconded.
Councilman Nystul asked if the vacation Accrual language in the contract is accurate.
City Attorney Neier said the language was incorrect and suggested it be changed by a
memorandum of understanding.
Councilman Ruiz asked why the City's negotiator hadn't noticed and corrected the
errors. Councilman Grainger said it was addressed in committee but he didn't know why I
it wasn't corrected.
Councilman moved amendment of his motion to include the memorandum of understanding
regarding the vacation language. Councilman Saverud seconded the amendment and it
carried. The motion as amended then carried.
First Reading Ordinance #1111 - Salary Ordinance
Councilman Grainger moved first reading of Ordinance #1111, an ordinance amending
ordinance #1108, fixing the salaries of city officials, supervisors and employees
effective July 1, 1987. Councilman Schindler seconded.
Mayor Kennedy reported the changes included the AFSCME salaries, Street Superintendent
and the City Attorney and Community Development Secretaries.
The motion carried upon roll call vote with Councilman Nystul voting no.
Sergeant Promotion
Councilman Grainger moved Police Officer James Love be promoted to Sergeant, based upon
the recommendation of Police Chief Clark and Mayor Kennedy. Councilman Saverud
seconded and the motion carried.
PUBLIC WORKS - No Report
WATER & SEWER
Report on Litigation Settlement with Water Quality Bureau
Councilman Nystul reported the committee has recommended $139,000 be paid to the Water
Quality Bureau to settle the negotiations on the Wastewater Treatment Plant. He so
moved, Councilman Ruiz seconded and the motion carried.
PARKS & PUBLIC LANDS
Resolution #3765 - Reapplication LWCF Grant - Old Lawrence Park
Councilman Manning moved Resolution 3765, a resolution authorizing application or Land
and Water Conservation Fund Assistance for the project: Rehabilitation of Old Lawrence
Park, total estimated cost $52,000.00, with the assistance of the Friends of Lawrence
Park. Councilman Nystul seconded.
A survey, assessing the need, must be done and the Friends of Lawrence Park agreed to
conduct the survey.
Manning stated the Project Cost represents a 50/50 match and the city share is from
in -kind services. Of the $26,000 city share, approximately $12,000 has already
been provided.
Manning requested the cost of moving the fence be included in the Project Description.
Councilman Ruiz reported the Golf Association would handle moving the fence as long as
they can participate in the timing of the fence removal and location of the new
boundaries.
Councilwoman Hafferman spoke against the motion because of the use of Federal Money. '
The resolution passed upon roll call vote with Councilwoman Hafferman opposed.
FINANCE & ADMINISTRATION
Approve Claims
Councilwoman Robinson moved the claims approved in committee be accepted for payment.
Councilman Nystul seconded and the motion carried.
Immanuel Lutheran Home Bonds Administrative Fee Waiver Request
Steve Cummings, representing the Immanuel Lutheran Home, introduced Don Siblerud,
President of the Immanuel Lutheran Home, and Ivan O'Neil, Chairman of the
Congregate Care Committee.
574
Cummings requested the council consider waiving the bond fee established by ordinance.
He said the fee would cost over $16,000, a cost that would have to be passed on to the
residents of the facility. It is a non-profit organization meeting the needs of the
elderly. He thought the fee exceeded the actual costs provided by the city. He told
Councilman Nystul the property would be tax-exempt.
Councilman Schindler spoke in favor of
waiving the fees; the fee was waived for the
Mall. Councilman Saverud suggested
the
council waive the fee now and have the Finance
Committee come back with recommended
changes to the ordinance to accommodate non-profit
organizations.
'
Councilman Nystul said the intent of
the
fees was to allow the City to collect a few
dollars of revenue for lending its
tax
exempt status to the bond issuers. He felt
there were pros and cons to the fee but
if the city doesn't intend to collect the fees,
the ordinance should be repealed.
Councilman Grainger moved to waive the fee for the Lutheran Home Project and Councilman
Schindler seconded.
Councilman Nystul moved to amend the motion to add "further directing the City Attorney
to draft an ordinance to repeal the existing city ordinance. Councilman Ruiz seconded
the amendment and the amendment carried.
The motion carried on voice vote.
Resolution #3766
Councilwoman Robinson moved Resolution #3766, a resolution authorizing a project under
Title 90, Chapter 5, Part 1, Montana Code Annotated, and the sale and issuance of First
Mortgage Housing Revenue Bonds (Inunanuel Lutheran Home Project), Series 1987 and
authorizing the execution and delivery of the bonds and necessary documents.
Councilman Schindler seconded.
Councilman Nystul pointed out the documents refer to a City Clerk and a City Treasurer
and he suggested they be corrected to refer to the City Clerk/Treasurer.
The motion carried upon roll call vote with Councilwoman Robinson abstaining.
PUBLIC SAFETY - no report
ANNEXATION
Second Reading Ordinance #1110 - Zoning
Councilwoman Hafferman moved second reading of Ordinance 1110, an ordinance to provide
for comprehensive revisions to the Kalispell Zoning Ordinance of Kalispell, to provide
uniformity to certain procedures under the Board of Adjustment, conform nonconforming
uses provision, repeal ordinance not consistent herewith, and to provide an effective
date. Councilman Schindler seconded.
The motion carried unanimously upon roll call vote.
ACI1UTLEDGEMENtS, ANbIOUNCEME1Tl'S FUID APPOI1,MIENPS
Councilman Schindler asked the status of the Parks
Superintendent position. Mayor
Kennedy said the applications deadline is Tuesday, October 20,1987.
"The Facts about Taxes"
Councilman Saverud announced the seminar to presented Wednesday October 21, 1987, at
1:00 and 7:00 pni., and invited everyone to attend.
Community Development Committee Meeting
Councilman Saverud scheduled a meeting for Wednesday
October 28, 1987 at 4:00 pm.
The agenda will include the heating, system bid, Parking
Commission information and, if -
it's ready, Airport Revenues.
ADJOURN
The meeting adjourned at 8:32 prn.
�
Awl"
Approved as presented November 2, 1987
Ed Kennedy, I your
ATTEST:
salver,
Don Clerk/Treasurer