12/07/87 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY DECEMBER
7, 1987 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL
COUNCITMEMRERG WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Regular Meeting November 16, 1987
Special Meeting December 1, 1987
' Councilwoman Hafferman requested the reference to the motion of passage of Resolution
#3770 be corrected to reflect the motion was made by Councilwoman Robinson, not
Councilwoman Hafferman.
Councilman Nystul then moved the minutes be approved as corrected, Councilman Schindler
seconded and the motion carried.
ADDRESSING THE COUNCIL
Jennifer Gietzen requested permission to erect a traditional nativity scene in Depot
Park as they have done in the past two years. Councilman Nystul moved permission be
granted and Councilman Saverud seconded.
Nystul and Schindler thanked her for again putting up the scene. The motion carried.
No one else requested to address the Council.
BID OPENINGS:
Four Door Police Car
Roy Stanley Chevrolet - no bid bond - Bid $15,674.98 with no trade in.
Jim Dowan Chevrolet - $1,200.00 bid check - Bid $11,997.00 with trade in of Car #6.
Councilman Schindler moved the bids be referred to the Safety Committee to report back.
Councilman Nystul seconded and the motion carried.
Police Department Computer System
Better Business Systems, Kalispell - 10% bid bond - Bid Amount $18,080.00
Mountain Computers, Whitefish - $1,175.00 bid check - Bid Amount $11,707.00
Northwest Business Equipment, Inc., Kalispell - no bid bond - Bid Amount $12,464.20
Councilman Schindler moved the bids be given to the Safety Committee to report back.
Councilman Saverud seconded and the motion carried.
MAYOR'S REPORTS
Mayor Kennedy read the letter of request to confirm Ray Dyer as sergeant. He has
completed his six month probationary period. Councilman Grainger so moved and
Councilman Schindler seconded.
Councilman Schindler reported he had talked to several officers and the Chief and they
say Ray is doing a tremendous job. The motion carried.
COMMITTEE REPORTS:
FINANCE & ADMINISTRATION
Approve Claims
Councilwoman Robinson moved the claims reviewed by the committee be approved for
payment. Councilman Nystul seconded and the motion carried.
' Business License and Bonds Discussion
Councilwoman Robinson reported the committee has reviewed Clerk/Treasurer Halver's
report on business licenses. The committee recommends the licenses listed under
General Businesses be suspended until a review and recommendation of overall business
license fees and procedures is completed.
The committee also reconmends the License Bonds required for Contractors be dropped and
the fees for Temporary Businesses, Itinerant Vendors and Traveling Merchants or
Peddlers be left as they are.
Councilman Nystul explained the surety bond required for contractors no longer provide
any valid benefit to the City or the public. He also said time is of the essence as
the licenses and bonds are due for renewal on January 1, 1988.
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Councilwoman Robinson moved the License and Permit Bonds for Contractors be abolished,
the license fees for Restaurants, Soft Drink Establishments, Cigarette Machines,
Pawnbrokers, Carnivals and Circus, Theatres, Bowling Alleys, Amusement Machine Arcades,
Trailer Courts and Gas Utilities be suspended from collection until such time as a
decision can is made on whether we wish to allocate a $25.00 license for all businesses
equally, and that Plumbing Firms, Plumbers Gas Contractors, Gas Fitters, Oil Burner
Installers, Electricians, Itinerant Vendors and Traveling Merchants or Peddlers remain
the same as set. Councilman Nystul seconded the motion.
Councilwoman Hafferman said she has heard from a lot of business people who were I
opposed to having to pay another fee to provide revenue for the city. She also said
the city is not allowed to license Professional Engineers; they are licensed by the
State.
Councilman Ruiz spoke against the motion because we would be acting hastily and he
suggested the committee come up with a list of what we want in ordinance form.
Councilman Nystul said the intent of the committee is to get a concensus from the
council as to the direction the Clerk/Treasurer and City Attorney should go.
Councilman Grainger stated licensing does not bring honor in businesses and wondered if
we should even license businesses. If it is just for fees call it as such.
Councilman Schindler objected to dropping the Carnival and Circus Licenses and Nystul
said they could be restored before the time they would need to be collected.
The motion carried unanimously.
PUBLIC SAFETY
Old LaFrance Fire Truck
Councilman Schindler moved the City of Kalispell permanently loan the LaFrance Fire
Truck to the Flathead County Historical Society. Councilman Saverud seconded. City
Attorney Neier will draft the necessary documents. The motion carried.
Meeting I
Councilman Schindler scheduled a Safety Committee meeting for Wednesday December 9,
1987 at 4:00 pm.
ANNEXATION
Resolution #3771 - Becker's Addition
Councilwoman Hafferman moved passage of Resolution #3771, a resolution conditionally
approving the amended plat of Lot 1 of Becker's Addition, Kalispell, Flathead County,
Montana. Councilman Manning seconded and the motion passed unanimously upon roll call
vote.
Resolution #3772 - Implement Ordinance 1110
Councilwoman Hafferman moved Resolution #3772, a resolution of intention to implement
Ordinance No. 1110 (The Kalispell Zoning Ordinance) resulting in a reduction in the
number of zoning classifications applicable within the City of Kalispell. Councilman
Grainger seconded and the motion carried unanimously upon roll call vote.
COMMUNITY DEVELOPMENT
Traffic Study
Councilman Saverud introduced Clete Daily who is doing a traffic study for the City.
Mr. Daily then reviewed the work he is doing to accomplish the study. He is counting
the trucks using Main Street. City traffic growth is far greater than estimated in
1978 and 1979.
He expects to have a major presentation and recommendations after the holidays. I
Councilman Ruiz asked him to consider alternatives to widening the streets where trees
and landscaping interfere.
Councilman Saverud said Mr. Daily has received excellent cooperation from the Highway
Department as well as our Police and Fire Departments.
Airport Fees
Councilman Saverud reported the committee has reviewed the fees the Airport Ad Hoc
Advisory Committee has arrived at. He asked Ed Gallagher to brief the council on the
fees recommended.
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The fee recommendations were: $25.00 per year user fee, $50.00 per month for Fixed Base
Operators and other Commercial Users, and $15.00 per month or $2.50 per day Tie Down
Fees. The Fixed Base Operators would collect the Tie Down Fees and retain 50%.
Saverud said the "policing" would be on the honor system with the Pilots Association
recognizing the Airport is in jeopardy if revenues do not provide for the operation.
Saverud stated there is a joint Parks and City Development Committees meeting for
Tuesday December 15, 1987 at 4:00 pm. Part of the agenda includes a discussion of
' fuel tax rates, the leases, and how to handle the appraisal and sale of the lot.
Councilman Saverud moved the council authorize the fees requested. (As presented above)
Councilman Schindler seconded and said he felt the days of the city subsidizing the
airport should be over. He requested Clerk/Treasurer Halver keep close track of these
fees to see if they adequately meet the needs of the airport.
The motion carried unanimously.
Councilman Saverud moved the City Attorney prepare the fees schedule in appropriate
resolution form. Councilman Nystul seconded and the motion carried.
Parking Commission
Saverud reported the Parking Commission held a workshop a couple of weeks ago, is
meeting again tomorrow, and should have some good recommendations for council
consideration.
PERSONNEL & POLICY
Non -Union Salaries Meeting
The Council scheduled a Council Workshop for Wednesday December 9, 1987, at 7:30 fan.,
to meet with Department Heads and discuss their pay plan.
PUBLIC WORKS - no report
WATER & SEWER - no report
' PARKS & PUBLIC LANDS
Boom Truck Bid
Councilman Manning reported the Parks Committee has reviewed the bids and recommends
the F700 chassis mounted on a 1985 Ford in the amount of $49,950 subject to inspection
of the vehicle and receiving a satisfactory warranty.
Councilman Nystul reported none of the 4 trucks offered were in Spokane and available
there for inspection. Apparently they are all out on leases.
Councilman Schindler asked if we could lease one of the trucks for two or three months
each fall. Manning said this had been discussed but the costs were less advantageous
than purchasing.
Our present truck will reach 28 feet and Manning said our present vehicle is old and
safety is becoming a question; also the height is not adequate.
Manning said we need to find out where the truck is and then try to hire someone
qualified there to go inspect it.
Councilman Nystul suggested the vendor be contacted to determine where the truck is and
request they continue the bid offer until the city can make a decision. Mayor Kennedy
said he would contact them.
' Councilman Manning scheduled a report on the status for the December 15 committee
meeting. Councilwoman Robinson asked for more information regarding how many trees we
are dealing with and how often will the boom truck be used and for what purposes.
Bruckhauser Pool Concession
Councilman Manning reported the KATS organization said they were losing money during
the morning hours operation of the concession stand. They are requesting authorization
to set the hours for next season at 11:00 am. until 4:30 pm., Monday through Friday and
1:00 to 4:30 Fan on Saturdays. The committee concurred and Councilman Manning moved the
council approve those hours for next year. Councilman Nystul seconded.
Councilman Ruiz said we should be providing concessions whenever the pool is open. If
we only provide them during peak income times we may not be meeting the needs of the
public. The city provided the building at considerable expense and maybe the
concession operation should be let through bids.
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Manning reported the morning operation of the concession stand cost $1,400 to generate
$1,200 in revenues. He didn't know what they made the rest of the day.
Councilman Saverud spoke against the motion and asked that more financial information
be secured.
The motion was defeated with Councilman Nystul in favor and all others opposed.
Skating Rink Concession '
Councilman Manning reported the committee had discussed a concession for Ice Skating
and decided, since there isn't any organization affiliated with the skating, that
written proposals from organizations relating to kids to operate concessions. The City
would provide power and would not have any startup costs. He so moved and Councilman
Grainger seconded.
Councilman Schindler requested the council consider having a user pay policy and
thought it was time the concessions start paying a percentage back to the city.
Manning doubted there would be enough income to do this.
The motion carried with Councilmen Nystul and Grainger opposed.
Woodland Park Well Water Flow
Councilwoman Hafferman requested Scott Hanchett be given credit for determining how to
reduce the flow of the well rate so the ice could form. The newspaper gave credit to
Ken Bauska.
ACKNOWLEDGEMENTS, ANNOUNCEMENTS AND APPOINTMENTS
Mayor Kennedy read a letter from the Chamber expressing their appreciation to the
Police Department for the great job they did in handling the Christmas Parade.
Mayor Kennedy recognized Ed Gallagher, who was singled out in an article in the
Rotarians' magazine.
Gallagher was also honored by School District #5 Board of Trustees. They gave him a ,
"Spotlight of Excellence" thanking him for his devotion to the community.
Mayor Kennedy announced the Flathead County Civil Defense Office was offering free room
and board from 4:00 Fen Friday until noon Saturday for a "Mt. St. Helens" Disaster
Simulation exercise.
Councilman Schindler reported he would be absent from the December 21 council meeting.
Councilman Grainger reported he would be out of state for the December 21 meeting and
may not be back in time for the January 4th meeting.
Mayor Kennedy reported the Shade Tree Project is due to start on Third Avenue East
Wednesday morning.
Clerk/Treasurer Halver requested permission to out of state on vacation from December
19 through January 3rd. Councilman Saverud moved permission, Councilman Grainger
seconded and the motion carried.
ADJOURN
The meeting was adjourned at 9:23 Fan.
Approved as presented December 21, 1987�
hn "Ed Kennedy, r., Mayor
ATTEST: '
Don, Clerk/Treasurer
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A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS BET AT 7:30 P.M. WEDNESDAY
DECEMBER 9, 1987 IN THE CONFERENCE ROOM AT CITY HALL. MAYOR KENNEDY PRESIDED.
COUNCILWOMAN HAFFERMAN WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and declared the purpose of the meeting is to
consider opening some additional Computer Bids
Northwest Business Equipment, Inc. Bid
Councilman Schindler said Northwest Business Equipment would like to provide a Surety
Bond and have their bid considered.
' Stacey Gutierez said he made a mistake in not submitting the bid bond, and his boss
also missed the bid requirement. He said their bid was competitive and provided very
good equipment and he asked the council to consider the bid.
City Attorney Neier said the bid bond is clearly required by State Law. He didn't want
the council to get in the habit of waiving this requirement.
Councilman Grainger moved to accept a late bid bond from Northwest Business Equipment
to get the issue up for vote. Council Ruiz seconded.
Councilman Grainger then spoke against the motion because if we accepted bid bonds
after the bids are opened then there would be no reason for the vendor to provide the
bond until he knows if he is low bidder.
Councilman Schindler pointed out the vendor was willing to provide the bid bond before
the Council considers and evaluates all the bids.
The motion failed with all opposed.
Additional Unopened Bids
Clerk/Treasurer Halver explained he found a bid from Valcom - The Computer Place on his
desk when he came to work Tuesday morning. He asked his staff if they had seen someone
bring in the bid and when. He was told the bid was brought in about 4:50 pm., with a
' man going back to Halver's office and leaving it.
Halver said he was in a Finance Committee meeting until after 5:00, so his staff
had gone home without informing him of the existence of the bid. Halver didn't notice
it as he went through his office on his way home.
Later Tuesday morning Halver went for the mail and found a package notice in the City
Mailbox. This turned out to be an Express Mail package containing a bid from Radio
Shack. Don asked the Postal Clerk specifically when the package had been received by
the Kalispell Post Office and was shown the package slip showing it had arrived at 14:30
on December 4.
Halver said there was no package slip in the mail box when he got the mail about 9:30
Monday morning. He felt Radio Shack had done all they could to get the bid in on time
and the Post Office had caused the bid to not have been received in time.
Mayor Kennedy asked the City Attorney's opinion. He said the law doesn't specifically
address the issues. One bid clearly was in City Hall by 5:00 but the other one wasn't
and we can't do anything about the Post Office.
Councilman Grainger moved only the bid which was in the Clerk's office be considered.
Councilman Saverud seconded.
Councilman Schindler felt neither bid should be considered then, it was not the bidders
fault, it was the Post Office. Other council members contended it was the bidder
responsibility to get the bid to city hall.
Councilman Nystul said the one bid was properly delivered, the other bidder should have
called to make sure his bid was received.
The motion carried with Councilman Schindler voting no.
Open Bid - Valcom-Jrhe Computer Place
The bid contained a bid bond check for $1,862.52. Alternate #1 $13,987.75. Alternate
#2 $18,625.25.
Councilman Saverud moved the bid be referred to the Safety Committee to report back.
Councilman Schindler seconded and the motion carried.