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11/16/87 City Council Minutes579 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY NOVEMBER 16, 19871 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. APPROVE MINUTES Regular Meeting November 2, 1987 Councilman Schindler moved the minutes be approved as presented, Councilman Ruiz seconded and the motion carried. ADDRESSING THE COUNCIL Steve Herbaly, Flathead Regional Development Office Director, gave a brief review of the activities of the office for the past month and provided Clerk/Treasurer Halver with written reports for the Mayor and Council. Mary Skyba, 461 4th Ave. E.N. She asked, on behalf of the Russell School Parent Group, what could be done to stop the change of the speed limit on Buffalo Hill. City Attorney Neier says he didn't know of any legal avenue for appealing the decision to change the speed limit. Mary said they have a letter ready to go to the Governor. Mayor Kennedy suggested sending a copy of that letter to the Highway Commission. PUBLIC HEARING: Abandon Alley, Block 27, Kalispell Original Townsite Kieth Eckelberry, Assistant Manager of Equity Supply, spoke in favor of the Abandonment. He said they wanted to fence the entire block for security. No one spoke in opposition to the abandonment. BID OPENING: New or Used Aerial Truck H.C.L. Equipment Inc., Great Falls, Mt., 10% bid bond, 1980 Ford F700 Chassis w/Hi-Ranger 5FI-48PBI Aerial Device. Net price FOB Kalispell, Mt., $41,630.00 Mirk Inc., Orrville, Ohio, 10% bid bond, 1981 International Model S1800, Total Price FOB Orrville, Ohio, $43p500.00. Utility Equipment Inc., Spokane, Wa., 10% bid bond, all units with HiRanger, Truck #2075, 1980 Ford, $35,000.00, Truck #2084, 1980 Ford, $40,000.00, Truck #J-6151, 1983 Ford, $49,500.00, Truck WA, 1985 Ford, $49,950.00. All units FOB Kalispell. Councilman Manning moved the bids be referred to the Parks Committee to report back to the council. Councilman Nystul seconded. After discussing giving the committee the power to act, the council passed the motion as originally made. CITY OFFICIAL REPORTS Treasurer's Report October Police Chief " City Judge " Building Official " Fire Department Third Quarter Report Councilman Grainger moved the City Councilman Saverud seconded. Official Reports be accepted as presented and Councilman Schindler requested the Fire Department be commended for the various employee certifications which reflect an obvious interest in their jobs. The motion carried. MAYOR'S REPORTS: Shade Tree Commission Report Mayor Kennedy introduced commission members Betty Albright, Keith Engebretson and Ed Brandon and called upon Ed Brandon to present the Commission's report. Brandon reported on the walking tour held Saturday November 14, 1987, the history of the commission and a brief history of the trees and tree maintenance program. F M The commission is recommending a long term care and replacement program. like to start with a demonstration project on Third Avenue Fast. They would Councilman Schindler suggested the Commission's plan be included as an amendment to the ordinance. Brandon said the Commission will be presenting a written plan which could be added to the ordinance. Councilwoman Hafferman moved the City accept the Shade Tree Commission's Plan and authorize them to proceed with the demonstration project. Councilman Schindler seconded and the motion carried. Mayor Kennedy thanked the Commission for their hard work and Brandon thanked everyone for the support the commission received. COMMITTEE REPORTS: PUBLIC SAFETY Proposed Pornography Ordinance Councilman Schindler said all councilmembers have received copies of the ordinance proposed by Don Nelson and packets of information from the City Attorney. Schindler moved the existing pornography ordinance be kept in effect. Councilman Ruiz seconded. Councilman Schindler spoke in favor of his motion. The consensus of opinion is the proposed ordinance does not successfully address the alleged flaws in the existing ordinance. if this motion passes tonight, the Safety Committee will be looking at our current ordinance as it stands in relation to state law. Councilwoman Hafferman said she doesn't agree with Mr. Nelson that the definitions of obscenity are fairly black and white. She also asked who would define "the average person" and "contemporary community standards". She was in favor of the motion. Councilman Saverud expressed concerns about the enforceability of any ordinance on this issue. He was in favor of seeing that our ordinance comply with state statutes. The motion carried on voice vote with no one opposed. ANNEXATION Final Plat Approval - "Weatherford's" Councilwoman Hafferman reviewed the conditions required on the preliminary plat approval and reported the conditions have been met. She moved the final plat be approved, Councilman Manning seconded and the motion carried. Unzoned Areas - Meridian Councilwoman Hafferman reported the Annexation Committee recommended the Flathead Regional Development Office look into zoning possibilities for the unzoned areas around Meridian Road. Annexation of Wholly Surrounded Properties The Annexation Committee requests the City Attorney look into annexation of the wholly surrounded properties. New information indicates the withdrawal from the Rural Fire Districts may not be an issue anymore. Councilman Ruiz stated we would have problems with the streets involved if they are annexed. COMMUNITY DEVELOPMENT Meeting Councilman Saverud scheduled a Community Development Committee meeting for Thursday ' November 19, 1987 at 4:00 pun. The agenda will include discussion of the Airport Recommendations and Parking Commission items. Free Parking Request Councilman Saverud reported the Parking Commission has requested we refrain from issuing Parking Tickets from December 14-26. Saverud said this has been done in the past. The Commission suggested this time could be used for an educational campaign available to the downtown parkers to get them to use the parking lots in the future. Saverud moved, based upon the assumption a campaign will be provided by the Parking Commission and Police Department, the council authorize free parking in the City from December 14 through the 26th. Councilman Schindler seconded. 581 Councilman Nystul asked if the issue of the Parking Commission and the operation of the Parking lots is going anywhere. Saverud said a workshop will be scheduled shortly. The motion carried. PERSONNEL, & POLICY - No Report PUBLIC WORKS Award Dump Truck Bid Councilman Ruiz moved the bid be awarded to Wendell Ford of Spokane, Wa., for $42,478.50. Councilman Schindler seconded. Councilman Schindler asked if the concern about the Brazilian Engine has been overcome. Ruiz said some metric tools would have to be purchased. Councilman Nystul asked if this purchase is necessary when we may be facing a deficit next fiscal year. Several councilmembers replied these concerns should have been resolved at budget time. Councilman Saverud asked if the "metrics" are going to cause maintenance problems. Mayor Kennedy said Mr. Hammer didn't feel it would be a problem. Joe Keller, representing Missoula Truck Sales, said the Council should look further into the Brazilian Ford engine. He said Lincoln County has one and they have problems, also the parts are not available in Kalispell. Councilman Schindler asked the bids be sent back to committee and withdrew his second to the motion. Councilman Ruiz then withdrew his motion. Mayor Kennedy referred the bids back to committee and Councilman Ruiz asked that DPW Hammer set up a committee meeting. Resolution #3769 - Alley Abandonment Councilman Ruiz moved approval of Resolution #3769, a resolution to abandon an alley I located in Block 27, Kalispell original Townsite. Councilman Schindler seconded and the motion carried upon roll call vote. WATER & SEWER Williamson Sewer Extension Councilman Nystul reviewed the failure of SID 339 and reported Mr. Williamson is now proposing to build the sewer line on his own funding with a developer's extension agreement. The committee recommended the project be approved with two recommendations. 1. The Water Department should move the fire hydrant, and 2. The Sewer Hook up fee for the 4-plex lot only, be waived as consideration for the 600 feet of sewer line that will have to be built for the project. Councilman Nystul moved the Council approve the private extension of the sewer as proposed, with the city to move the Fire Hydrant and the hook-up fee be waived for the first lot. Councilman Saverud seconded. Councilman Grainger asked why the hookup fee is being waived on this project and they weren't on the Woodland Park SID. Nystul replied the waiver is solely for the first lot and is the City's participation in the project to get this line extension built. Anyone who hooks up in the future will pay all costs. Councilman Nystul restated the motion and it then carried on voice vote. Developer's Extension Agreement Councilman Nystul moved the Developer's Extension Agreement, found in order by the City Attorney and City Staff, be approved. Councilman Schindler seconded and the motion carried. Hospital Heat Pump Councilman Nystul reported Representatives of Pacific Power will be here 8:30 Wednesday Morning to discuss a heat pump technique they are proposing to use up on Buffalo Hill and all councilmembers are welcome to attend. 582 Fredenberg Sewer Hook-up Nystul reported an out of city sewer hookup has been approved and the late -comers fee has been paid in accordance with the Developer's Extension Agreement. Facility Plan Delay Councilman Nystul reported the engineering firm engaged to develop the plan is undergoing reorganization and there is some delay but the plan development is moving along. ' Ninth Street Overflow Nystul reported an overflow line is being constructed on Ninth Street between Fifth Avenue West and the next half block west to relieve flow in the summertime. Bids were solicited and the low bidder by $15.00 was Pack & Co. Remick Sewer Councilman Nystul reported an engineering contract has been signed for the design of the correction of past construction errors on the Sanitary Sewer Line in the Remick Addition. He briefly explained the problems to be corrected. High Pressure Water Zone Study Nystul reported, because of the substantial growth which has occurred on Buffalo Hill, and its effect on water pressure, the Water Superintendent is engaging an engineer to study the high pressure district. PARKS & PUBLIC LANDS Airport Advisory Committee Report Mayor Kennedy reported the recommendations of the advisory committee will be taken to the Commmity Development Committee. Dr. Art Thompson suggested the City get the Airport in the National Airport Plan and he also thought the City should consider using the perimeter lands to generate revenue to service the Airport Debt. Dr. David Downey said he was pleased the City was doing some long range planning for the Airport. Lawrence Park Fence Councilman Manning reported the Friends of Lawrence Park and the Golf Association got together and marked a potential fence line agreeable to both groups. Dr. Downey, speaking on behalf of the Friends of Lawrence Park, said the fence line is acceptable. They would like a consideration in the agreement that if Lawrence Park is expanded to the "Peninsula" they be able to do so. Councilman Ruiz, speaking on behalf of the Golf Association, said they would have to install quite a bit more fence and and City and Friends of Lawrence Park should take care of this additional fencing. Downey also reported the Dime Day fund raising collected about $1,000 and asked if the Parks Crew could build the playground equipment. Councilman Ruiz suggested the City Surveyor put in some stakes to mark the fence line agreed upon. Councilman Manning recommended the fence line then be mapped and documented in the Council Minutes. FINANCE & ADMINISTRATION Approve Claims Councilwoman Robinson opened discussion on a claim for reimbursement for damages to a ' car from a rebar sticking up in the Montana Tour and Travel Parking Lot. The Parking Commission requested the lot owner pay for the damages by withholding it from the lot owner's share of revenue. Robinson said the lease agreement indicates this is the City's obligation and the council agreed. The claim, as presented, charges the Parking Commission Fund for the damages. Councilwoman Robinson moved the claims found in order by the Finance Committee be approved for payment. Councilman Nystul seconded and the motion carried. 583 Resolution #3770 - Approve Fund Transfer Councilwoman Robinson moved passage of Resolution 3770, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell budget for 1988 fiscal year. To transfer $28,495.60 from 2180-470239-932 Tax Increment Fund Parking Commission Outlay to 2180-520020-820 Tax Increment Fund Operating Transfer to Parking Fund. Councilman Ruiz seconded. Clerk/Treasurer Halver explained the resolution would authorize using Tax Increment Funds budgeted for Parking Commission outlay and use it to make debt service payments due on the Eagles Parking Lot. This money is from the non -bond money in the Tax Increment Fund allocated for Parking land purchases. Councilman Saverud said in one or two previous cases, Revenue Sharing money was used to make payments. The resolution passed upon roll call vote with Schindler and Hafferman opposed. Approve Pledged Securities Councilwoman Robinson moved the Analysis of Pledged Securities of 9/30/87. Councilman Nystul seconded and the motion carried. ANALYSIS OF PLEDGED SECURITIES 9/30/87 FOR THE CITY OF KALISPELL NO;NEST: FIXED REPO I3RiI Z TOTAL CHECKING POOL MM ACCT. TOTAL NORWEST FIRST FEDERAL: COMM. DEV.FUNDS 01-01015236 01-01015235 01-01015234 01-01002410 01-01012895 TOTAL 1ST FED. $2,500,000.00 $2,500,000.00 U.S. T BILL 12/01/87 $600,000.00 $1,000,000.00 U.S. T BILL 10/31/88 75,642.92 $100,000.00 FDIC INS. 150,000.00 11 7/8 NOTE F 89 CUSIP#912827NS7 30,000.00 NV SER 68 G O7/01/05 COLORADO RIVER 5.0 50,000.00 G.O. BONDS GEORGIA STATE 6.50 MATURE O1/01/90 ALL NORWEST PLEDGES HELD BY NORWEST BANK MINNEAPOLIS 33,447.69 $109,090.61 95 100,000.00 $430,000.00 $100,000.00 $3,209,091.56 $3,930,000.00 OTHER INVESTMENTS: S & C WARRANTS VALIC DEFERRED COMP. $4,893.00 45,875.69 506.41 49,125.13 35,479.11 $135,879.34 $12,000.00 $11,060.25 $100.000.00 82,086.56 $182,086.56 TOTAL DEPOSITS $3,368,031.15 $4,112,086.56 FDIC INS. FDIC INS. FDIC INS. MORTGAGE LOAN#01-01093259 VALLEY BANK SAFEKEEPING CITY EMPLOYEE'S fl 1 Repurchase Agreement Bids Councilwoman Robinson called the council's attention to the report on the Bids for the City's Daily Repurchase Agreement and asked Clerk/Treasurer Halver to review the bids. First Federal Savings Bank - Variable rate .375% below Daily Fed Funds Rate Fixed rate 6.125% Valley Bank - 6.68% fixed rate on first $2,000,000, variable rate of .465% under Daily Fed Funds rate on amounts over $2,000,000 Norwest Bank - Variable Rate 90 Basis Points below Daily Fed Funds rate Fixed rate 6.15% First Security Bank - Variable Rate 90 Basis Points below Daily Fed Funds rate Fixed rate 5.45% First Interstate Bank - Variable Rate 75 Basis Points below Daily Fed Funds rate Fixed rate 5.00% Halver reported the best bid on a variable rate is the Valley Bank Bid and the best fixed rate bid is from Norwest Bank. Councilman Schindler moved the bid of Valley Bank be accepted. Councilman Ruiz seconded and the motion carried. ANNOYS Assistant Fire Chief Waggener said the new Fire Truck is here, it still needs to be rigged and have radios installed before it will be used. ADJOURN The meeting adjourned at 10:06 pm. Approved as presented December 7, 1988 ' ohn "Ed" Kennedy, Jr., Mayor ATTEST: Don Halver, Clerk/Treasurer