06/20/88 City Council Minutes52
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY JUNE 20,
1988 IN THE COUNCIL CHAM13ERS AT CITY HALL. MAYOR KIINNEDY PRESIDED. ALL COUNCILi .IBERS
WERE PRESENT. (One position vacant)
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUIES
Regular Council Meeting June 6, 1988
Councilman Saverud moved the minutes be approved as presented. Councilman Gunnerson
seconded. Councilman Nystul reported that Andy Hyde had attended a State'Board of
Health Hearing, not an Ashley Creek Hearing (page 51). The motion carried for the
minutes as corrected.
MAYOR'S REPORTS
Gaming Cb mission
Mayor Kennedy reported the Gaming Omission met on June 8, 1988 and approved a Gaming
License for Valley Bingo, Janet Marie Arnold, Licensee. The license is for Bingo to be
played in the Eagles Building.
bequest for 24 hour Gambling - Poker and Keno Machines
Mayor Kennedy reported "Flathead Gaming" has petitioned the Council to authorize 24
Hour Gambling on Video Poker and Keno Machines to continue after July 1, 1988. He
explained the legislative background and further explained what this law effects.
Mayor Kennedy then called for comments from the floor.
Jim Huff, pastor of Bible Presbyterian Church spoke against.
Marvin Hafferman, 524 Parkway Drive, spoke in favor.
Michelle Koleto, 570 Fifth Avenue WN., handed out a report to the council, said she was
a Spokesperson for "Citizens Against Gamboling". She spoke against.
Bill Hathorn, 216 Glenwood Drive, spoke against.
Larry McAtee, Kalispell Bar,and Log Cabin Bar, spoke in favor of the 24 hour operation.
Steve Cooney, Fifth Generation Montanan, spoke in favor. (Bar Owner)
Norm Lechner, Kalispell, spoke against.
Dan Goodwin, Bigfork, spoke against.
Sharon Miller, Evergreen , Baker at Pancho Magoo's, spoke in favor.
Steve Holmquist, Mountain Brook area, spoke against.
Kent Frampton, Cavanaugh's Casino, spoke in favor.
Stuart McQuade, 1701 Highway 93 South, and Outlaw Inn employee, spoke in favor.
Synola Olson, 367 West Spring Creek Road spoke against.
Marilyn Foster, Kalispell, spoke in favor.
Pat Curran, 920 Fifth Avenue West, spoke in favor.
Bill Kaleto, 570 Fifth Ave. WN., spoke against.
Bob Brown, State Senator, spoke against.
Mitch, from Whitefish, a gaming employee, spoke in favor.
Pam Lang, 38 Washington Ave., Whitefish, spoke in favor.
Gene Cordell, 838 4th Ave. W., spoke against.
James Dougherty spoke in favor.
Denise Langan, Cavanaugh's Casino employee spoke in favor.
Jean Keller, 1292 Two Mile Drive, spoke against.
Cheri Foster, Pancho Magoo's employee spoke in favor.
Jack Taylor, Kalispell, spoke against.
Unidentified woman spoke in favor.
Lucinda Layne, 775 Danielson Road, spoke against.
Dan Kinniburgh, Marion, spoke against.
Rose Taylor, 427 Eighth Ave. W., spoke against.
Kevin Boekhoff, 204 Fox Hill Drive, spoke against.
Bonnie Newham, Stuckey's Lounge employee spoke in favor.
Karen Holmquist, 385 Bench Drive, spoke against.
Mary Frampton, Cavanaugh's employee, spoke in favor.
Valarie Merical, 2624 Highway 2 Fast, spoke against.
T. S. Laurens, owner Stampede Packing, spoke in favor.
CC�MTTEE REPORT
PUBLIC WORKS/PUBLIC SAFEI'Y/WATER & SEWER
Ordinance to allow Operation of Gaming Machines on 24 Hour Basis
Councilman Gunnerson moved Ordinance 1126, an ordinance to allow the operation of Video
Draw Poker Machines, Video Keno Machines -and Video Bingo Machines on a twenty-four hour
basis in the City of Kalispell; to declare an emergency, to provide an immediate
effective date. Councilman Schindler seconded.
City Attorney Neier explained this is an emergency ordinance because of the timing, it
needs to be approved before July 1, 1988. If passed, this ordinance would only be in
effect for 90 days.
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Councilman Gunnerson said the comittee has not made a reccmmendation.
Councilman Saverud objected to the petition not going through committee. He also spoke
against the ordinance, stating the legislature spent a lot of time studying the issue
before setting the limits.
Councilman Nystul asked why this is just now coming to us.
Mayor Kennedy said he received the request May 14 and the next Gaming Cmmission
meeting was June 8, and this is the next council meeting after that.
Councilman Schindler said the issue was expansion of gambling and the people have voted
against the expansion of gambling. He strongly opposes the ordinance.
The ordinance was defeated upon roll call vote with all opposed except Councilwoman
Hafferman.
ADDRESSING THE COUNCIL
No one responded to the call to address the council.
BID OPENING
Purchase of City Property (old Griffin Field)
1. Centerlce, East Shore Route, Bigfork, Montana. They bid one dollar ($1), which was
enclosed, and other considerations, to construct a multi -use facility.
1. Phil Neuharth, Owner/Associate, RE/MAX Land & Lake Malty, Inc., proposed a GRIFFIN
GREEN RETIREMENT PROJECT. No specific price was offered for the land.
Councilman Saverud moved the proposals be referred to the Community Development
Ccmittee to report back to the council. Councilman Atkinson seconded.
Councilman Nystul asked what we can do now that we have not received any offers at the
value set. City Attorney Neier said we may now pursue the negotiated private sale of
the property.
The motion carried.
CITY OFFICIAL REPORTS
Treasurer's Report May
Police Chief 's Report 11
City Judge's Report "
Building Official's Report
Councilman Nystul moved the reports be accepted as presented, Councilman Atkinson
seconded and the motion carried.
OOMMITI'EE REPORTS:
CalvNNITY DEVEL0PM=/BUILDING REGULATIONS/PARKING/PUBLIC BUILDINGS - no report
FINANCE/PERSON & POLICY/INSURANCE
Approve Claims
Councilman Nystul moved all claims found in order by the Finance Committee be approved
for payment. Councilman Atkinson seconded and the motion carried.
Ratify Firefi hter's Local #547 Contract
Councilman Nystul moved the Mayor be authorized to sign and the council ratify the
agreement with the Firefighters for the year starting July 1, 1988.
Nystul explained it is a tvic year contract with increases costing 5.77% the first year
and 0.96% the second year. It establishes a matrix comparable to the police
department. Ambulance callback is set at a flat rate of $25.00 per call back lasting
less than 2 hours.
City Attorney Neier said the Union Security Clause violates State Law. Councilman
Furlong moved to amend the motion to require the paragraphs -in the contract dealing
with unit membership and dues be written to follow state law. Councilman Atkinson
seconded and the motion to amend carried.
The amended motion carried.
Mayor Kennedy requested City Attorney Neier work with the Firefighters to get this
done.
Ambulance Accounts Receivable Write-offs
Councilman. Nystul moved the City Clerk/Treasurer be authorized to write off
uncollectable Ambulance Accounts Receivable totaling $14,685.35. Councilman Saverud
seconded.
Nystul explained why the accounts are uncollectable and the policies followed in trying
to collect accounts.
Councilman Gunnerson asked that the Ambulance Clerk provide a breakdown of how much is
Medicare/Medicaid and which are simply bad debts.
The motion carried with Councilman Gunnerson opposed.
Water Sundry Accounts Receivable
Councilman Nystul moved uncollectable Water Sundry Accounts Receivable totaling
$1,056.43 and $1,886.00, sane of which have been on the books since 1982, be approved
for write-off. Councilman Schindler seconded.
Nystul explained the accounts to be written off. The motion carried.
PARKS/PUBLIC LMDS/ANNEXATION/ZONING/AIRPORT
Final Plat Apprcval — Park Place
Councilman Furlong moved approval of Final Plat of Park Place and Councilman Gunnerson
seconded.
Furlong reported the developers had ccmplied with the 13 conditions for approval. The
motion carried.
_Resolution #3796 - Discontinue Alley_- Block 25
Councilman Furlong moved Resolution #3796, a resolution to discontinue an Alley located
in Block 25, Kalispell Original Townsite_A.—Cauncilman Atkinson seconded.
Furlong reported all opposition has been withdrawn.
The motion carried upon roll call vote with Councilman Schindler abstaining because he
is related to one of the petitioners.
Resolution #3797 - Intent to Annex City Property on Airport road
Councilman Furlong roved Resolution #3797, a resolution of intention to annex
territory to the City of Kalispell to be known as Airport load Property Annexation No.
213, to zone said property in accordance with the Kalispell City/Cbunty Master Plan,'to
fix a date of Public Hearing thereon, and to provide for the City Clerk/Treasurer to
receive expressions of approval or disapproval in writing thereto and to provide for
the publication of notice of this resolution. Councilman Atkinson seconded.
Councilman Gunnerson pointed out there is no dire need to annex the property at this
time and he was opposed.
Councilman Atkinson reported on the cem<nittee's reasons for proposing annexation before
the property is sold. He felt it would be easier to do it know.
The resolution passed upon roll call vote with Councilman Gunnerson opposed.
ACnOZJDGEMENTS, ANNOUNCEMENTS AND APPOIINPS
Councilmember Ward 4
Council President Saverud reported most of the council was able to visit with the 5
candidates last Friday.
Saverud reported there is a ballot prepared with the candidates names. He reported
that candidate Ken Anderson does not presently live in the Ward.
City Attorney Neier reported Anderson could not serve if he does not live in the Ward
at the time of swearing in.
Saverud said the position will cane up for election in a year and a half.
Mayor Kennedy and City Attorney Neier counted the ballots. Kennedy reported Roger
Hopkins has been elected to the vacancy in Ward 4.
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Confirm Police Chief
Mayor Kennedy reported Chief Clark has completed his one year of probation as of June
16, 1988 and requested he be confirmed as Police Chief, and commended him for a job
well done.
Councilman Schindler so moved, Councilman Atkinson seconded and the motion carried.
Councilman Schindler said he made the motion with great honor; he felt the Chief has
done a tremendous jab.
Point of Personal Privilege
Councilman Furlong (referring to the public comments on the 24 hour Gaming question)
said he felt the demonstration tonight was out of line and he was turned off by the
whole thing. He was offended by each side trying to see who could clap the loudest for
their speakers. He didn't think this has a place in a deliberative body and thought
the name calling and background comments needed to be prevented.
Technical Advisory Omini,ttee -- Air Quality Issues
mayor Kennedy reported this Committee is being formed and they would like to have a
Kalispell elected official on the committee. He said if any councilman wants to serve
he would be happy to appoint them, otherwise he would serve. DPW Hammer is on the
Committee.
Councilman Nystul asked if the City was ever going to receive any official report on
our air pollution findings.
Express Gratitude
Councilman Saverud expressed his gratitude and that of his family to the Mayor and
Council for the sending of the kind words and flowers to his dad's funeral. He said it
meant a great deal to his mother and his entire family and they definitely appreciated
it.
Clommittee AssigEis
Councilman Gunnerson requested the mayor and Oouncil President readdress Cc[nmittee
Assignments, especially with a new councilmember coming on board. The Mayor reported
they would.
Golf Association Lease
Councilman Atkinson requested the council raenibers meet in Ccumittee Chambers following
adjournment to discuss the Golf Association Lease negotiations.
ADJOURN
Councilman Atkinson called for adjournment, Councilwoman Hafferman seconded and the
meeting was declared adjourned at 10:10 pm.
Approved as presented July 5, 1988
John "Ed" Kennedy, ., Mayor
ATTEST:
Don Halver, Clerk/Treasurer
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