03/07/88 City Council Minutes114
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MARCH 7,
1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KEN= PRESIDED. =CILWOMAN
HAFFERMAN VaS ABSENT. ALL OTHER C0UNGTLNEMBERS WERE PRF.SENf .
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Regular Council Meeting of February 16, 1988
Councilman Nystul moved the minutes be approved as presented. Councilman Saverud
seconded and the motion carried.
ADDRESSING THE COUNCIL
No one addressed the council.
BID OPENING
Ambulance
1. Collins Ambulance Corporation, Breakaway, Inc., 10% bid bond, 1988 Collins "CKII"
Chevrolet van, F.O.B. factory, Hutchinson, Kansas $29,962.00, F.O.B. Kalispell
$30,862.00. 1988 Collins Ford Crusader with diesel engine, F.O.B, factory, Hutchinson
Kansas, $30,921.00, F.O.B.' Kalispell $31,821.00. 1987 Collins Ford Crusader with 460
c.i.d. engine (subject to availability), F.O.B.'factory, Hutchinson, Kansas $30,894.00,
F.O.B. Kalispell $31,794.00
2. McPeck Motor Coach Co., 10% bid bond, 1988 Dodge B350, with listed exceptions and
variances $33,590.00. 1988 Dodge demonstrator model B350 as is $30,718.00, with listed
exceptions/variations $321400.00. 1987 Ford E350 with 460 C.I.D. gas engine, with
listed exceptions and variances $34,612.00.
Councilman Saverud moved the bids be referred to the Safety Coranittee for a report
back at the next meeting. Councilman Nystul seconded and the ration carried.
PUBLIC HEARINGS:
Kalispell Medical Arts Zone Change Request
Mayor Kennedy opened the hearing and had David Greer of the Planning Office explain the
request. He said the Planning Office was in favor of the zone change but they wanted a
change in the permitted uses in the RA-3 remove allowances of motels in the zone.
Bruce Lutz of Architects Design Group spoke in favor of the zone and said the intent of
Medical Arts is to provide a freestanding Pharmacy with an attached single window, one
or two employee savings and loan drive-in facility oriented toward use by medical
personnel.
Margie Simpscn of 55 Buffalo Hill Drive, spoke in opposition to the zone change,
contending 1., any zone change sets a precedence for other zone changes in the area,
2., an increase in traffic on an already dangerous street. The Lutheran Hone complex
will also increase traffic.
She asked that solutions to the traffic flow be found before the zone change be
considered.
With no other prcpcnents or opponents coming forward, the Mayor closed the public
hearing.
Kalispell Addition No. 211 Annexation
Mayor Kennedy opened this public hearing and again called on David Greer who explained
the proposed annexation. He reported the area north of Sunnyside Drive would be zoned
R-4 and the portion south of Sunnyside Drive would be zoned R--1. The Planning Board is
recommending the annexation be approved with those zones.
Phyllis Leonard of 1306 7th. Ave. West was in favor of the annexation because she has
had lots of groundwater problems.
The following people identified themselves as being in favor of the zoning and
annexation.
Patty Corter, 1545 6th. Ave. West
Den Landon, 1445 6th. Ave. West
Donna Berglund, 1546 5th. Ave. West
Myrtle Nash, 1303 & 1305 7th. Ave. West
Fred Briggs, 1200 6th. Ave. West
Arthur Bain, 1236 5th. Ave. West
Walter Block, 1424 5th. Ave. West
Jim Hunt, 1224-4th. Ave. West
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Irene Clark, 1202 6th. Ave. West
Jon Van Dort, 1205 & 1215 5th. Ave. West
Mary Heino, 1544 6th. Ave. West
Cora Geise, 1235 6th. Ave. West
Jane Geralds, 1500 5th. Ave. West
Shirley Searight, 1119 7th. Ave West, She said her neighbor marry
Reid asked her to speak for him.
Art Kienas, 1305 5th. Ave. West
Edward Brodniak, 1245 6th. Ave. West
Marjorie Crow, 1225 5th. Ave. West
Mrs. Tippetts, 1520 5th. Ave. West said they were grateful and
thankful for the consideration they have been given and they are in
favor of being annexed so they can really truly belong.
Charlene DuMontier, 1223 4th. Ave. West
Jan Tow, 1228 4th Ave. West, said she is a Realtor and houses are:
hard to sell in the area and this would help a lot.
Mrs. Harold Moen, 1205 4th. Ave. West
Dot Broad, 1229 4th. Ave. West
Phil Kasperson, 1405 5th. Ave. West, was in favor but hoped it would
not increase property values and taxes too much.
Celeste Fisher, 1244 4th. Ave. West
There were no opponents. The mayor declared the public hearing closed.
Susan Moyer reported 91% of the property owners were in favor of the annexation.
Councilman Saverud comended the staff and the residents in getting this project
acccuplished.
Ed Gallagher ccmended Susan Moyer.
Susan Mayer briefly explained the next steps in the project.
The audience applauded.
MAYOR'S REPORTS
Local Gove=ent Workshop - Bozeman
Mayor Kennedy reminded the elected officials of the Local Government Workshop to be
held in Bozeman March 16-18 and said if anyone else wants to go to let him know.
CCH41TI'EE REPORTS:
ANNEXATION
CHM Preliminary Plat Approval - Extension Request
Councilman Atkinson moved approval of a one year extension on the Prel=- ary Plat
approval of CHM Financial Park dated January 19, 1987. Councilman Nystul seconded.
City Attorney Neier explained the developers sent a letter requesting the extension and
the coun-Littee looked at it last week and reccmended approval of the request. He also
explained, if the extension were not granted, the developer would have to start all
over and would incur considerable additional. costs.
David Greer reported the subdivision laws allow preliminary plat approval to last up to
three years.
The one year extension would run from the date of expiration of the original
Preliminary Plat approval.
The motion carried.
COMMUNITY DEVELOPMENT - No Report
PERSCNMj & POLICY
Mayor's Salary Increase
Councilman Atkinson ndoved to amend the present Salary Ordinance to state that the Mayor
shall receive a 5% raise retroactive to 7/1/87. Councilman Saverud seconded.
Councilman Nystul asked if the committee had considered giving the City Court Judge a
similar adjustment for inflation. Atkinson said no and Nystul asked if the committee
would be willing to consider it and Atkinson said they would.
Councilman Saverud said the committee had discussed it in the light that the judge's
position was adjusted considerably a year ago and the mayor's position has not been
adjusted for about four years. Granted there were some other reasons for making the
adjustment in the judge's office. The inflation factor was not considered.
Councilman Gunnerscn asked if there was budget available and Atkinson said there was.
Councilman Schindler opposed the pay raise because he didn't believe the raise should
be given in the middle of the term of office.
Councilman Atkinson spoke in favor of the motion because there hadn't been any
adjustment in four years.
The motion carried with Councilman Schindler opposed.
Ordinance #1119 - Amend Salary Ordinance 1115 - First reading
Councilman Atkinson moved approval of first reading of Ordinance 1119, an ordinance to
amend Ordinance 1115. Councilman Saverud seconded.
Atkinson explained Ordinance #1119 provides for the salary settlement for the
firefighters and the mayor's increase.
The motion passed unanimously upon roll call vote.
Policy on Data in Personnel Files
Councilman Atkinson moved that all items entered into an employee's personnel file be
retained permanently. Councilman Saverud seconded.
Atkinson reccumended the policy, if approved, be placed in the employee handbook.
Councilman G-umerson felt that the city should require that any disciplinary letters in
a file be followed by a letter stating the satisfactory completion of the disciplinary
period.
Councilwoman Robinson agreed and suggested this be incorporated in the motion.
Atkinson said his motion does not speak merely to reprimands, it calls for all records
to be retained.
Councilman Saverud said it was up to the department heads and/or Mayor to make sure
the resolution of disciplinary problems be followed up on.
Robinson suggested the motion be passed and the miner for implementing the policy be
worked out in committee or council workshop. Gunnerson agreed and thought a specific
policy for reprimands be worked out.
Police Chief Clark reported he had recently taken action which would conflict with this
policy and wandered if his agreement would be overruled. Mayor Kennedy said his
commitment would be honored and Atkinson agreed.
Atkinson said his motion was not intended to determine the management style of the
department heads. The purpose of the motion was to insure the files are complete.
Public Works Director Hammer said if central personnel files are being maintained, all
employee records must be in that file, any other records would not be usable in case
of arbitration.. Also, any history over three years old, unless major in nature, would
not be used.
The motion carried with Councilman Gunnerson voting no.
Atkinson again asked the policy be placed in the employee handbook and Mayor Kennedy
said it would be.
Risk Management System
Councilman Atkinson moved the Mayor establish a Risk Management System for the purpose
of reducing the City's exposure to liability. Councilman Saverud seconded.
Councilman Saverud felt we should do everything we can to try to limit our exposures.
Policy should be developed for recognizing and reacting to potential exposures.
The motion carried.
Policy on Department Head Vacancies
Councilman Atkinson moved that in case of a vacancy of a department head position, the
assistant department head, or Mayor's designee will fill the position for up to 30 days
with no upgrade in salary. After the 30 day period the assistant department head or
Mayor's designee will be paid at 102% of his or her salary for the remainder of the
time as acting department head. Councilman Saverud seconded.
Atkinson explained the purpose is to provide a consistent policy for paying the acting
department head. Part of the intent of the motion is to get the council to act
prcWtly in naming a replacement.
Councilman Nystul asked if we have a clearly defined list of department heads to be
affected by this policy. Mayor Kennedy named the Fire Chief, Police Chief, City
Clerk, Parks Director, City Attorney, Public Works Director, Building Official and
Comm=ity Development Director.
Nystul asked if the assistants had been consulted and Atkinson said no. Nystul wasn't
sure 2% was fair ccpensation for the assistant to assume the "can of worms" until the
council names a replacement.
Councilman Furlong said the replacement process could take a long time and didn't
think the 2% limit was adequate.
Councilwoman Robinson move to amend the motion to limit the 102% to a reasonable length
of time. Councilman Schindler seconded.
The amendment carried on a show of hands with Councilmembers Furlong and Nystul opposed
and Saverud, Atkinson, Gunnerson, Robinson and Schindler in favor.
The amended motion then carried on a show of hands with Councilmerrbers Furlong and
Nystul opposed and Saverud, Atkinson, Gunnerson, Robinson and Schindler in favor.
Fire Chief Job Description
Councilman Atkinson reported the committee directed the Mayor to include Ambulance
CUrpany duties in the Fire Chief's Job Description and the committee encourages council
member input on the job description with this input directed to the Mayor.
Mayor Kennedy reported the Ambulance duties have been included, the vacancy has been
posted statewide with the Job Service, and the deadline for applications is March 21.
ANNEXATION -Continued
South Woodland Subdivision
Councilman Nystul said the city was an adjacent land owner to the proposed subdivision.
He asked David Greer for further explanation. Greer said there is a lot o¢7 Willow Glen
which has been split once before and now they are asking for another split which will
create three lots, none of them having a public road access. He said two "flag lots",
which are lots served by a private driveway rather than public access. The planning
office recommends denial of this subdivision.
Councilman Nystul moved the Mayor be authorized to send a letter expressing the City's
opposition to the subdivision on the basis of it not being well planned. Councilman
Atkinson seconded and the motion carried.
PUBLIC WORKS
Authorize Public Works Department to go out for Bids for Construction Services and
Materials
Councilman Gunnerson moved the Public Works Department be authorized to call for bids
for the following items:
Sidewalk and Curbing Construction, Asphalt, Excavation, Crushed Base,
Uncrushed Sub --Base, Pipe Bedding Materials, Asphalt Crushing.
Councilman Schindler seconded.
Gunnerson said the primary purpose was to begin the process of receiving costs
associated with various quantities as the Public Works Department has made the
determination for Street Reconstruction or Maintenance. We need to get started now as
far as getting same dollars in, this is no ccm-nitment to us as far as giving a
contractor the bid, it is just getting the bid figures into us. We have talked about,
and continue to consider whether or not we are going to maintain the street
reconstruction program by the city or whether or not we are going out for bids on it.
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He said, with the Southwest Kalispell project, the city is looking at approximately 55
blocks of reconstruction.
Councilman Nystul suggested the council must act soon if they intend to make any
changes in the planned proj ects .
Gunnersen said the new Public Works CbaT ittee should meet this week and decide on the
project to be done this year.
The motion carried.
WATER & SEWER
Resolution ##3777 - Budget Transfers - Southwest Sewer Project
Councilman Nystul moved Resolution ##3777, a resolution to approve a transfer among
appropriations within a general classification of expenditures as adopted by the City
of Kalispell budget for the 1988 fiscal year. Councilman Saverud seconded.
Nystul explained the resolution would allow the Caaiunity Development Department to
reclassify moneys set aside this budget year, to get started on the Southwest Kalispell
project.
The motion carried upon roll call vote with Councilman Schindler voting no.
Resolution #3778 - Creating Southwest Kalispell Project Capital Improvement Fund
Councilman Nystul moved Resolution 43778, a resolution approving the creation of a
Capital Improvement Fund for the purpose of constructing water and sewer utilities in
the Southwest Kalispell Project during Fiscal Year 1988. Councilman Atkinson seconded.
Nystul explained the resolution establishes a construction account for the project.
The motion carried upon roll call vote with Councilman Schindler voting no.
First Alley West Roof Drains
Councilman Nystul reported the conudttee rec mEnds the city policy of eliminating roof
drains from the sanitary sewer be carried on for the First Alley West Project.
Nystul moved the City concur with the overall policy of elimination of roof drains from
the building affected by the First Alley West Project. Councilman Schindler seconded.
Councilman Furlong asked if this motion precluded future discussion of sump pumps being
eliminated from the sanitary sewer and added to the storm sewer system. Nystul
concluded it probably would not get addressed later.
Jay Billmayer, Project Engineer, reported the project did not include converting the
SUMP pins because the volume did not appear to be excessive, water would be pumped
into the alleys in otherwise dry weather and the pumps could also discharge grater in
freezing weather, causing icing in the alleys. There are probably only 5 sump pumps in
the project.
Billmayer said he could provide cost estimates for converting the sump pumps to alley
discharge and costs to lay piping to run the sump pump discharge underground to the
storm sewer collection system.
Councilman Nystul didn't think the need to eliminate the sump pump discharge to the
sanitary was evidenced.
Billmayer didn't think a buried line could handle both the sump and roof drainages.
Councilman Saverud didn't want the sump pumps pumping into the surface drains, if a
pipe can be run for a reasonable cost fine, otherwise leave it in the sanitary system.
Councilman Gunnerson suggested the motion be tabled until the next council meeting.
Councilman Nystul requested this motion be passed now and then discuss the sumps at the
March 14, 1988 special meeting. Billmayer said he would have the costs ready by then.
The motion carried.
First Alley West Soil Tests
Councilman Nystul reported Jay Billmayer has recommended soil samples be taken in the
alley to aid in the design of shoring and benefit the city with more accurate bidding
by the contractors.
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Nystul moved the Engineer be allowed to obtain soil testing in the First Alley West
where needed, to support the plans and specifications. Councilman Saverud seconded.
Nystul said the counittee recommended the motion. The staff was not in favor of the
testing, considering it was an extra cost and the contractors would be determining the
shoring needs anyway.
The motion carried.
PARKS & PUBLIC LABIDS - No Report
FINANCE & ADMINISTRATION
Approve Claims
Councilwoman Rcbinson moved the claims approved in committee be accepted for payment.
Councilman Nystul seconded and the motion carried.
Resolution #3779 - Budget Transfer Resolution - Salary Settlement
Councilwoman Robinson moved passage of Resolution #3779, a resolution to approve
transfers among appropriations within the General Fund Budget as adopted by the City of
Kalispell Budget for the 1987-88 Fiscal Year. Councilman Nystul seconded.
Councilman Furlong moved the resolution be amended to include the Mayor's salary
adjustment and Councilman Nystul seconded.
The amendment carried with Councilman Schindler voting no.
The resolution, as amended, passed unanimously upon roll call vote.
Resolution #3780 - Establishing Capital Project Fund
Councilwoman Robinson moved Resolution #3780, a resolution to adopt a budget for a
Capital Project Fund to be used to finance the acquisition of Capital Equipment.
Councilman Nystul seconded.
Robinson explained this is a housekeeping action to comply with accounting procedures.
The resolution passed unanimously upon roll call vote.
Resolution #3781 - Administrative Fee - SID " s and Sidewalk & Curbs
Councilwoman Robinson moved Resolution #3781, a resolution establishing a five percent
(5%) fee to cover the incidental and administrative expenses of all Special improvement
District Bonds and Sidewalk and Curb Warrants. Councilman Nystul seconded.
Robinson explained this fee would recover the acIninistrative costs incurred by the city
in administering these projects.
The resolution passed unanimously upon roll call vote.
PUBLIC SAFETY
Ordinance #1118 - 15 Minute Parking Washington St. - Second Reading
Councilman Schindler moved approval of second reading of Ordinance #1118, an ordinance
amending Section 17-54, Kalispell City Code, providing fifteen (15) minute parking only
on the south side of Washington Street between North Main Street and First Alley West.
Councilman Atkinson seconded.
The resolution passed unanimously upon roll call vote.
AJM(NGVU,EDGR4E1US, ANNOUNCER'S AND APPOINIME TT'S
Gaming Commission
Mayor Kennedy announced Councilman Furlong has agreed to serve on the Gaming Conmission
and he asked confirmation of the appointment. Councilman Nystul moved confirmation of
the appointment of Noel Furlong to the Gaming Commission, Councilman Gunnerson seconded
and the motion carried.
City Council Conmittee Appointments
Mayor Kennedy announced his coRm-ttee appointments:
COMMUNITY DEVELOPMENT/BUILDING REGULATIONS/PARKING/PUBLIC BUILDINGS:
Chairman Wayne Saverud, Vice Chairman Jim Atkinson, Clare Hafferman, Noel
Furlong
FINANCE/PERSONNEL & POLICY/INSURANCE
Chairman Gary Nystul, Vice Chairman Sandy Schindler, Wayne Saverud, Marla
Robinson
PARKS/PUBLIC LANDS/AN=TI0N/Z0NING/AIRp0RT
Chairman Marla Robinson, Vice Chairman Noel Furlong, Jim Atkinson, John
Gunnerscjn
PUBLIC WORKS/PUBLIC SAF=/WATER & SEWER
Chai=an John Gunnerson, Vice Chairman Clare Hafferman, Sandy Schindler,
Gary Nystul
Special Council Meeting
Mayor Kennedy reported there will be a Special Council Meeting Monday, March 14, 1988
at 6:00 pm., to select the engineer for the Southwest Project and possibly discuss the
First Alley West Project.
Council Workshop
Council President Saverud announced there will be a Council Workshop immediately
following the Special Council Meeting to continue, and try to complete, the agenda of the
past two workshops, discuss negotiation strategy toward the bargaining units, and work
on the salary matrix.
Meridian Road Crosswalks
Councilman Schindler requested Police Chief Clark and his entire department involved be
commended for their work at the Meridian Road School Crossing. He also commended the
Public Works Department for promptly providing the pylons which are still there. He
said it was a jab well done.
Out of Town
Councilwoman Robinsen reported she would be out of town March 16 - 18. Mayor Kennedy
announced he would also be out of town the same three days.
Councilman Atkinson said he would be out of town March 18 - 21.
Fire Chief Retirement
Councilman Nystul said Fire Chief Larson had submitted his letter of retirement and
asked the Council to recognize:
"the service of an individual who put in over 20 years of service to the city
and served quite favorably and with distinction as our Fire Chief for the last
two years and did a lot for the Fire Service, not only for the City of
Kalispell but in the Flathead Valley."
The council concurred with the statement of recognition.
City Bus Stops
Councilman Gunnerson asked about the status of the policy on the Bus Stops. City
Attorney Neier said it would be ready for consideration at the next regular council
meeting.
ADJOURN
The meeting was adjourned at 9:52 fin.
Approved as presented March 21, 1988
ohn "Ed" Kennedy. 0Y., Mayor
ATTEST:
Don Halver, Clerk/Treasurer
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