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11/07/88 City Council Minutes�l A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MOIT)AY NOVEBER 7, 1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNIDY PRESIDED. ALL COUNCILDS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. OONSENT AGENDA Approve Minutes Regular Council Meeting October 17, 1988 Approve Claims Councilman Saverud moved the consent agenda be approved as presented. Councilman Nystul seconded and the motion. carried. ADDRESSING THE COUNCIL Donald Murray, representing Martel Construction, asked to address the council during the Public Works Coirmittee discussion of the Immanuel Lutheran Home. No one else addressed the council. BID OPENING Fuel Bids 1. Cenex Farm and Herne, $4,400.00 bid check, total bid $43,050.74 plus $18,192.10 taxes. 2. City Service, Inc., $5,777.41 bid check, total bid $57,774.09 including taxes. Councilman Nystul moved the bids be referred to the Public Works Committee to report back. Councilman Schindler seconded and the motion carried. Mayor Kennedy requested the Public Works staff review the bids and prepare a summation for the committee. MAYOR'S REPORTS: Confirmation of Paul Jacobs as Patrolman Mayor Kennedy read Police Chief Clark's request for confirmation of Paul Jacobs as a Police Patrolman. Mayor Kennedy receded confirmation and Councilman Schindler so moved. Councilman Nystul seconded and the motion carried. Promotion of Officer Jim Brown to Sergeant Mayor Kennedy read Police Chief Clark's request for promotion of Officer James Brown to Police Sergeant effective November 7, 1988. Mayor Kennedy reccumended the prcuotion and Councilman Atkinsm so raved. Councilman Saverud seconded and the motion carried. Promotion of Sergeant Young to Lieutenant Mayor Kennedy read Police Chief Clack's request for promotion of Sergeant Ron Young to Lieutenant of Detectives effective November 7, 1988. Mayor Kennedy recommended the prcmticn and Councilman Schindler so moved. Councilman Gunnerson seconded and the motion carried. C'TTEE REPORTS: ClaivlUNITY DEVEGORV=/BUILDING REGULATIONS/PARKING/PUBLIC BUILDINGS Councilman Saverud reported there will be a Ccmrdttee Meeting Wednesday November 16, 1988, at 7:30 am., at the Lighter Side Restaurant. FINANCE/PERSONNEL & POLICY/INSURANCE Salary Matrix Councilman Nystul reported the draft has been given to the carrmittee members. Resolution #3827- Alarms for Life Councilman Saverud moved approval of Resolution #3827, a resolution by the Kalispell City Council endorsing the Alarms for Life campaign in the City of Kalispell and Flathead County. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT - No Report PUBLIC WORKS/6+ATER & SEWER Petrolane Request Councilman Gunnerson reported the Kalispell Board of Adjustment has required Petrolane to install a fire hydrant an their side of the street. Petrolmae asked the City to pay all costs for materials for the water main from the center of the street to their property site. 84 City Zoning Official Kerman reviewed the several conditions set by the board, including the fire hydrant. He didn't recall the Board ever obligating the city to participate in the costs. Councilman Nystul didn't see the need for the hydrant since the Fire Department would not use it for fighting fires on the Petrolane property. He asked City Attorney Neier if the Council could over -rule the Board of Adjustment and Neier said no. The council could go back to the board and request reconsideration. Petrolane would still need the water line for the required sprinkler system. Nystul said we have a tariff for sprinkler system lines. Councilman Nystul moved the Council treat the issue as an extension of a fire sprinkler grain, that the standard procedures of the city regarding cost be concurred in and the Mayor and City Attorney ask the Board of Adjustment for clarification of the fire hydrant issue for possible resolution in the Spring. Councilman Gunnerson seconded. The motion carried. First Alley West Construction Time Extension Councilman Gunnerson reported Chet Brown. & Saris Construction has requested a contract time extension from October 22 to November 20, 1988 and explained the reasons. Gunnerson moved the extension be approved and Councilman Schindler seconded. The motion carried. Decorative Street Light Plug -ins Councilman Gunnerson reported the Carom mity Development C nudttee had reccuimended to the Public Works Committee to have Electrical Outlets installed on the Decorative Street Lights on Main Street to be used for lighting Christmas Decorations. The cost is estimated to be $41.00 to $69.00 per pole. It will be funded fxon the Tax Increment Street Lighting Materials budget. - Mayor Kennedy said the work would cost about $2,000.00. The Chamber is providing new decorations and the plug -ins will be provided on the decorative lights on Main Street, in Depot Park and Cavanaugh's Parking Lot. Cavanaugh's will pay for their own. The motion carried. manual Lutheran Heave(Buffalo Hills Terrace) Hook-up Fees Discussion. Don Murray, Attorney representing Martel Construction discussed with the Council reasons why they felt they should not have to pay the $60,000 hook-up fees being requested by the City. Murray presented a schedule of events which he felt indicated the City of Kalispell, and it's representative Andy Hyde, was aware of the nature of the project -when Andy Hyde gave several contractors quotes of $9,800.00 for hook --up fees. Murray also reviewed information Andy had given in the deposition taken before Andy Hyde left the City 's errploymmt. Murray felt it was clear Andy Hyde made an error and this erroneous information was relied upon to the detriment of Martel Construction. Murray also pointed out that a 100 unit motel would have been charged $9,800.00, yet this 100 unit congregate care center is supposed to pay $60,000.00. He'said-the City rates are discrindnatoxy and should be revised. Councilman Furlong asked if it is possible to work out a coupromise solution. Don Murray said they would be willing to negotiate. He wasn't sure a compromise amount could be worked out within the present rate schedule. Furlong reccnutended the City pursue a negotiated settlement. City Attorney Neier agreed a negotiated settlement is difficult under the present rates. There is no basis in the rates for a con -promise. Furlong pointed out if the Council votes against litigation a compromise will have been made. Councilman Gunnersen was concerned about the City cearrpranising a rule and regulation unless we change the rate structure. Jun Thompson, of Architects Design Group, pointed out the rate charged to Kalispell Regional Hospital under our schedule would be $9,800.00 and they probably have a lot higher consumption. The rate schedule prescribes a -"minimum charge" which the Lutheran Hmie would qualify for if the City so chooses. That minirrm would be $9,800.00. 85 Steve Curm ings, representing the Lutheran Haute, asked Attorney Gene Phillips to discuss utility ratereking. Phillips said the city's hook up fee varies. Motels pay a charge based upon the size of the service lines and this apartment's fee is based upon the number of units. He asked if there was a rational basis for this discrimination. In this instance he didn't see any basis. Phillips also pointed out the statute authorizing hook-up charges require the charges to be evenly proportioned to the benefits being derived. He contended the cost of hooking up is not different between this project and a similarly sized motel hookup. He said the City might wind up with a Public Service Cmmissicn hearing on whether they can enforce and collect the $60,000.00 rate. Councilman Nystul reported he thought our rate consultant had worked with the Public Service Cco mission on the concept of our present rates. Steve Cummings said the several attorneys present were trying to convince the City to not litigate and honor the quote. A duly authorized agent of the city made the quote and the contractors relied on it. $50,000 is a significant additional cost to the project. He also pointed out the actual time spent making the physical hook-up was less than a day. MOTION Councilman Gunnerson moved "to reconn-end to the City Attorney to move in such a meaner as to receive the sums of $60,000.00 as appropriate, or the addition of $50,200.00 for the appropriate tariff charges as are adopted by the City of Kalispell Councilman Nystul seconded. Gunnerson stated he made the motion only because he is chairman of the committee. He is against the motion. We provided a quote to the contractor and we should honor it. Councilman Nystul said we are the directors of the utility and we have adopted a rate structure and we have to pursue those adopted rates even though we recognize someone made a mistake. Councilman Savexud said he would abstain from the voting because of a possible conflict of interest but he urged the council to act fairly and properly and honor the quote given by our agent. Councilman Atkinson felt the rate structure is fair and correct but the evidence indicates we gave the wrong price when the facts were available and we are obligated to charge what was quoted. Councilman Schindler said, whether the rate schedule is right or wrong, the city has the obligation to get the necessary information to make a proper quote. We are only as good as our word. He spoke against the motion and said we have to admit we made a mistake and carry on. Councilman Furlong objected to the maker of a aoticn speaking against it. He felt both sides made mistakes. He thought Andy Hyde gave the information requested. He will vote for this motion but preferred a corrprmdse be sought instead of litigation. Councilman Hopkins didn't feel be had the ability to decide the issue and wanted litigation to be pursued to get all the questions cleared up. He asked if the rates could be auE nded retroactively. City Attorney Neier doubted we could. Councilman Nystul commented the motion is to pursue collection, not specifically to litigate. Councilman Furlong requested the motion be clarified to specifically address the litigation question. Councilmen Gunnerson said he stood behind his motion wording. The motion failed by show of hands with three in favor and four against. Meeting Councilman Gunnerson scheduled a Public Works Committee meeting for November 16, 1988 at 5:30 fin., to discuss the Southwest Kalispell Project. He asked all council.menbers to attend. PUBLIC SAFETY/AIR QUALITY Request for Bids - Traffic Safety Vans Councilman Schindler reported Chief Clark has obtained a grant from the Mmtana Highway Traffic Safety Commission of up to $30,000 for replacement of the two Accident Investigation Vans. This grant is partly due to the cooperation of Kalispell Police Department and their sharing of computerized information with the state. Councilman Schindler moved the Police Chief be authorized to call for bids for two replacement vans for Accident Investigation. Councilman Nystul seconded. The City Sign Maintenance Department will be allowed to keep the better of the two older vans. Noxmal procedure is for the State to take back the two vans being replaced. Chief Clark said there will not be any cost to the City for these two new vans. The motion carried. K-9 Patrol Authorization Councilman Schindler reported the city was fortunate in that the two newest officers hired, Rick Jensen and Paul Jacobs, came to us with trained police dogs. Rick Jensen has received a cc nmendatim letter for his help in searching for the sniper in Glacier Park. Through ccoperaticn with the County, Chief Clark has been able to secure 100% funding from the County Drug Fund for the purchase of two used Highway Patrol Cars from the State. The vehicles would be assigned to Officers Jensen and Jacobs for the Dog Patrol program. The only cost to the City would for the door decals. The officers have secured other donated equipment and services to get this program going. Councilman Schindler moved to authorize Chief Clark to implement the Kalispell Police Department's K-9 Patrol Program and obtain the two needed vehicles through, and with the cooperation of, the Flathead County Drug Fund. Councilman Nystul seconded. Chief Clark reported the dogs have been certified. He didn't think they presently a significant additional risk of liability. Councilman Nystul stated this is an additional program at little extra cost to the city. Schindler added the officers are feeding and caring for the dogs at no cost to the city. The motion carried. Released Vehicles Councilman Schindler reported the Police Department has been given four vehicles confiscated by the FBI. A 1980 Buick Skylark has been given to the Parks Department for use of the Parks Director. - We have also received a 1978 Audi 5000, a 1975 Bronco and a 1980 Mazda RX-7. Chief Clark would like to take these three vehicles and trade them straight across for a vehicle for undercover use. Councilman. Schindler moved the Police Chief be authorized to make this trade. Councilman Nystul seconded and the motion carried. Commendation Councilmman Atkinson moved to reccumend Mayor Kennedy place something in Chief Clark's and Assistant Chief Hossack's files stating what they have donne for the City and City Taxpayers to save money and increase services. Councilman Schindler seconded and the motion carried. Hepatitis "B" Shots Councilman Schindler reported it is imperative the Police Department Officers receive Hepatitis "B" Shots. This will cost roughly $2,500.00 and there is no budget for them. Chief Clark will attempt to fund them from savings -in -other budget line items. GAM NG COMMISSION ordinance #1130— Limit Video Keno Machines Councilman Schindler reported the Gaming Comunission has turned down, on two occasions, approval of Electronic Keno Machines in convenience stores. The Canting Ccumission requests the City Council restrict Video Keno Machines to establishments with "on premise" licenses. 1 1 1 8 87 Schindler moved first reading of Ordinance #1130, an ordinance amending Section 4.20 of the City of Kalispell Gambling Rules and Regulations by permitting the placement of Electronic Video Gaming Equipment only in premises which are licensed under Section 16-4--401 (2), M.C.A., and declaring an effective date. Councilman Atkinson seconded. The motion carried unanimously upon roll call vote. AN[dC?L)NCEMENTS Mayor Kennedy said he might be out of state November 15 - 20. Councilman Furlong reported a comnu-tment was made to the Evergreen Sewer group for us (City Council) to have a work study session with our staff to discuss the pros and cons of the Evergreen proposal and under what conditions the City would be willing to negotiate. Furlong asked we get this meeting scheduled post-haste. Councilman Atkinson reported the ad hoc Administrative Position Coamtiittee has not met and asked that they do so as soon as possible. Mayor Kennedy said he was waiting for an opinion from the City Attorney. Mayor Kennedy said he had discussed with Ken Weaver the possibility of his putting on a workshop concerning business licenses and the Administrator. ADJOURN The meeting adjourned at 10:50 fan. John "Edo Kennedy r., Mayor ATTEST: Don Halver, erk/Treasurer Approved as presented November 21, 1988