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12/05/88 City Council Minutestk- A REAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MDMAY DEMEER 5, 1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KEREDY PRESIDED. COUNCILW MW HAFTSEMAN AMID CDUNCIEMW GUb RSON WERE ABSENT. ALL OTHER COUNCILMF' EERS WERE PRESENT'. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CDNSENr AGWA Approve Minutes Regular City Council Meeting November 21, 1988 Approve Claims Councilman Nystul requested the following corrections to the minutes. Under Addressing the Council he asked Buffalo Hill Terrace Project be identified as the project regarding the hook-up fees. Nystul also asked, under Great Chief, that the award was made by the Kalispell .Area Chamber of Ccnmerce. Nystul moved approval of the consent agenda., as corrected. Councilman Schindler seconded and the motion carried. ADDRESSING THE COUNCIL Pet Shop Complaint Cindy Jobe-Schaul, 590 Holt Drive, Bigfork, Mmtana, expressed concern about the treatment of pets in a local pet store and requested the City pass a stronger ordinance regarding cruelty to animals. Police Chief Clark reported Animal Warden Mike Hall is investigating the situation. He said state law spoke to the issue and could be used by the city if necessary. The department will follow through on the complaint. Measles Ed Michalewicz, Flathead City/County Health Department Administrator, updated the council on the Measles Outbreak and reported the Health Department is requesting an Emergency be declared for additional funding to fight this outbreak. There will be a meeting between at the County Ctuudssicners' Office to discuss the Emergency Wednesday December 7, 1988 at 9:00 am. MAYOR'S REPORTS: Meeting Mayor Kennedy arced a Combined Public Works and Council Workshop meeting Monday December 12, 1988 at 5:00 Tan. The agenda will be the Evergreen Sewer and the Administrative Assistant concept. CC!vMTTEE REPORTS: COMMUNITY DEVELOPRENT/BUUILDI.NG REGULATIONS/PARKING/PUBLIC BUILDINGS Froposal for Block 55 Councilman Saverud reported the Committee recommended, and he moved, Valley Bank's bid be rejected because it did not meet the minirwm bid of 90% of appraised value. Councilman Atkinson seceded and the motion carried. Parking CaRmissicn - O'Neil Property Councilman Saverud reported the Parking Con dssion has a tentative buy -sell agreement an Lots 5-8. Block 75, ccaTnonly known as the O'Neil Lumber Ccupany property cn South Main. Saverud moved the Mayor and Ccununity Development Director be authorized to order an appraisal of Lots 5-8, Block 75, Kalispell Original. Councilman Atkinson seconded and the motion carried. Saverud hoped the appraisal could be received "with some dispatch". F.V.C.C. rties Councilman Saverud reported the College would be making a proposal for their property to the Council in the near future. FIlMANCE/PERSONNEL & POLICY/INSURANCE Resolution #3831 - Close out Fire Truck Fund Councilman Nystul moved approval of Resolution #3831, a resolution authorizing the City Clerk/Treasurer to transfer funds frcan the Fire Truck Fund #4050 to the General Fund #1000. Councilman Schindler seconded. Nystul explained the purpose was to transfer unexpended fund to the general fund. The motion passed unanimously upon roll call vote. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT Airport ,Fees- Strand Aviation Councilmen Furlong moved the motion of the majority of the Committee which was to recomniend to the Council to forgive Mike Strand's FBO payment of $50.00 a month for the future up to $1,200.00. Councilman Atkinson sad. Furlong spoke against the motion. He reviewed the history of the fees. Furlong said the City took over management of Airport on January 1, 1988 and set the current fees and these fees should be paid by all airport users. Mayor Kennedy said Mike Strand participated in the discussion setting the current fees and made no objection to them at that time. Councilman Atkinson supported the motion because Strand was paying the old fees and the Airport Association was at fault for not collecting fees from the others. Councilman Hopkins also supported the motion. Since we can't collect the past fees, for equity, Strand should be given credit for what he paid beyond what the others paid. Furlong agreed Strand apparently paid more than anyone else but no one had paid in full and there are no records of what other considerations were given or received. Councilman Nystul said we have to enforce our present rates. The motion was restated and defeated with Councilmen Hopkins and Atkinson in favor, Schindler, Saverud, Nystul and Furlong opposed. Airport Association Fees Councilman Furlong moved the City Attorney drop his efforts to collect FBO fees prior to January 1, 1988. Councilman Atkinson seconded and the mcition carried. Segg Park - Kalispell Legion Baseball Association Lease Councilman Furlong moved the Committee place the Begg Park Legion Baseball Lease before the Council with no recommendation. Councilman Atkinson seconded. Furlong then reviewed the history of the lease and its negotiations. The provisions of the lease are essentially the same as the Golf Course lease. He apologized the lateness in presenting the draft to the counci3xxrbers for their review. Councilman Furlong offered a substitute motim stating the Committee will place the lease before the council with a do pass recommendation. Councilman Atkinson. seconded. Furlong said it was a good lease that meets the needs of the City and the Associations. Councilman Nystul and Dan Johns discussed some of the terms of the lease. Nystul moved to amend the substitute motion; to add to Article VI, discussion of approval of Capital Improvements; Article VIII, adding the Parks Director as the person granting consent; Article XIII, the City being named additional insured under the insurance coverage. Councilman Schindler seconded the fit. Councilman Furlong supported the amendment, stating it improved the docment. The amendment to the substitute motion carried unanimously. Councilman Schindler spoke against the motion. He didn't want to vote on it until he bad time to study it. He was really bothered by Section VII. b) and suggested it be removed from the lease. Dan Johns addressed other concerns Schindler raised. Councilman Furlong stated the coarmittee had been given the responsibility of negotiating the lease and he asked the council to support the committee work rather than rewrite in on the council floor. Councilman Saverud was concerned about when the City would be required to make the improvements required under Section VII. b). Furlong said he has been convinced this would be done within established priorities of the City. Councilman Hopkins entered his "minority report" into the minutes: The lease for Griffin Field has been one of the more difficult tasks I've faced in five short months on the council. Regettably, I joined the Parks C nrdttee an July, well after much work and many hours of preliminary meetings had passed, otherwise I may have sooner come to the conclusion that a lease is unnecessary. After all the work by City and Laker representatives, I'm sorry I can't support this document, and I apologize to everyone involved, but mostly to Dan and Bud, who tirelessly and as patiently as possible devoted many hours to the process. Not withstanding the Lakers' efforts and contributions to the construction of the new Griffin Field at Begg Park, is was built by city and county taxpayers. The council spent $220,000 in Tax Increment Funds to construct a first-class sports facility. The rationale, which I support, was that blight in the form of old Griffin Field would be removed fr-m the City Redevelapient District, enhancing the potential for an improved tax base. In addition to actual tax dollars, a significant and often forgotten contribution of well over $100,000 in materials and labor from the city and county construction crews, as well as contributions from city water and saver rate payers for utility services, went into the project. The blight was removed, but the city has not lived up to its obligation to the Lakers and taxpayers to provide a new facility. All the various sources of funding, totalling perhaps as much as $350,000, was inadequate. Grandstands and parking lot paving has yet to be completed. The Lakers want a long --term lease to acquire private financing to conplete the facility. The terms of the lease provide that revenue fram other than Lakers use of the facility go to the Lakers to offset their expenses for completing the facility. I prefer budgeting additional Tax Increment Funds, if possible, in ccabination with private donations and in -kind services to ccrplete it. Revenue from use of the facility should cane to the city rather than giving the Lakers nearly exclusive year-round control of the couplex and revenue from it. Without a lease, the Lakers would not be burdened by long-term debt or maintenance expenses. But the Lakers must have their guarantee from the city for use of the field during their season. Any other group wanting to use the facility would be assigned secondary time for their activity, as long as the use does not ccoprcmise the quality of the field or its continued use as a first-class baseball complex. Users would be allowed to charge spectators for entrance to events. In turn, the city would charge users a fee to offset maintenance costs. The field was managed well this summer without a lease. I reject the Lakers' concern that the city will not manage the complex with as much care as the Lakers, or with the same concern for preserving the integrity and quality of the complex for baseball purposes. The city anploys a professional parks manager and staff, and I believe it is in the interests not only of the city but of the Lakers, that full-time, experienced professionals directly oversee year-round management rather than a volunteer lay -board of directors. The city has had at least two other experiences with management of city -awned propertly through leases: the Bufallo Hill Golf Club and the Kalispell City Airport. while I may disagree with the return the city is getting on the lease of the golf course, its management has been exaTplary at the hands of full-time professionals. The same cannnot be said of the Kalispell Airport Association.. This lay group was undoubtedly well -intended in its management of city property. But it left the city with an unpaid debt of nearly $200,000 and the city has cancelled its lease with the association, taking back management of the airport. I'm not suggesting that the Kalispell Lakers would manage Griffin Field with such undesirable results. I am suggesting fulltime oversight of the facility by the city and Parks Director Mike Baker is a better arrangement for use of the facility, not cnly-by the Lakers, but by the rest of the public who has a vested interest in the sports couplex. Dan Johns said the Lakers Board was assured, before they constructed the dugouts, that they would be given a lease. Councilman Atkinson spoke in favor of the amended substitute motion. Vote The substitute motion, as amended, carried with Councilmen, Hopkins and Schindler wed. Effective Date Councilman -Furlong moved the lease agreement be dated December 31, 1988. Councilman Nystul seconded and the motion carried with Councilman Schindler opposed. PUBLIC WORKS/WATER & SEWER Award Fuel Bid Councilman Schindler moved the Fuel Bids be awarded to City Service, Inc., the low bidder, said bid totaling $42,903.99. Councilman Nystul seconded and the motion carried. PUBLIC SAFETY/AIR QUALITY Report on Air Quality Director of Public Works Harmer reported to the Council the City's present status regarding Air Quality Compliance. If we don't have any violations through 1989 we can get off the EPA list. Hamer reported we had some problems during construction in First Alley West and when the First Federal owned properties were demolished. Councilman Hopkins asked what we can do to regulate dust control during demolition. Hanuer thought the Building Official could regulate but he reconuended the Council determine what should be done before other buildings are torn down. Councilman Furlong asked if the First Ailey West Construction Contract contained any requirements for dust control. He asked that future contracts address this. Councilman Schindler ccuatended. Hammer for the good job he's done in working with E.P.A. on Kalispell's Air Quality. Councilman Saverud asked the Public works Committee to consider upgrading our core area alleys to help resolve our dust problems. Police Department K--9 units Councilman Schindler -reported Chief Clark and a city mechanic went to Helena and checked out -the available cars and selected two. They are here now and are being painted. Schindler said several businesses have donated paint and other materials for these units and he asked that letters of ccumendation signed by the Mayor and members of the City Council be sent to these various businesses. Councilman Furlong so moved, Councilman Saverud seconded and the motion carried. Fire Pe eartment Training Councilman Schindler reported the Fire Department sponsored and hosted a seminar for Fire Management this past weekend. It had statewide participation. ANNDUNCEMENrS Councilman Schindler said there would be a Safety Meeting 8:15 am., Thursday December 8, 1988. ADJOURN The meeting adjourned at 9:50 pm. ohn "Ed" Kennedyl 3r., Mayor ATTEST: Dan Halver, Cl rk/Treasurer Approved as corrected 12/19/88 1 1 1