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06/05/89 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY JUTE 5, 1989 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMEN C151NERSON AMID SAVERUD WERE ABSENT. ALL OTHER COUNCILMEMRFRS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes - Regular City Council Meeting of May 15, 1989 Approve Claims Councilman Atkinson moved the consent agenda be approved as presented. Councilman. Nystul seconded and the motion carried. BID OPENINGS: Crushed Base McElroy & Wilken, Inc., 10% Bid Bond, $3.00/ton, Total Price $16,410.00 Pack and Company, 10% Bid Bond, $3.00/ton,-Total Price $16,410.00 A-1 Paving, 10% Bid Bond, $3.15/ton, Total Price $17,230.50 LHC, Inc., 10% Bid Bond, $3.24/ton, Total Price $17,722.80 Councilman Schindler moved the bids be referred to the Public Works Committee to report back. Councilman Atkinson seconded and the motion carried. Uncrushed Sub base 6'' A-1 Paving, Inc., 10% Bid Bond, $1.00/ton, Total Price $18,150.00 Pack and Qmpany, 10% Bid Bond, $1.00/ton, Total Price $18,150.00 LHC, Inc., 10% Bid Bond, $1.05/ton, Total Price $19,057150 McElroy & Wilken, 10% Bid Bond, $1.25/ton, Total Price $22,687.50 Councilman Schindler moved the bids be referred to the Public Works Committee to report back. Councilman Furlong seconded and the motion carried. Fuel No bids were received. Councilman Nystul moved authorization to readvertise for Fuel Bids. Councilman. Schindler seconded and the motion carried. Truck Rental Dan Lybeck, $5,250.00 Bid Check, $35.00 Per Hour Doyle Enterprises; Inc., 10% Bid Bond, $37.25 Per Hour Pack and Company, 10% Bid Bond, $38.00 Per Hour LHC, Inc., 10% Bid Bond, $38.50 Per Hour McElroy & Wilken, 10% Bid Bond; $38.50 Per Hour A-1 Paving; Inc., 10% Bid Bond, $45,00 Per Hour Councilman Schindler roved the bids be referred to the Public Works Committee to report back. Councilman Atkinson seconded and the motion carried. General Excavation McElroy & Wilken, $2,070.00 Company Check Bond, $69.00/hr., Total Price $20,700.00 Councilman Hopkins moved the bid be referred to the Public Works Committee to report back. Councilman Schindler seconded and the motion carried. Pipe Bedding LHC, Inc., 1016 Bid Bond, Item 1 $2.40/ton, $4,800.00, Item 2, $3.50/tan, $7,000.00, Total Price $11,800.00 McElroy & Wilken, Inc,;- 10% Bid Bond, Item 1 $2.95/ton, $5,900.00, Item 2 $2.95/ton, $5,900.00, Total Price $11,800.00 Pack and Company, 10% Bid Bond, Item 1 $3.00/ton, $6,000.00, Item 2 $3.60/ton, $7,200.00, Total Price $13,200.00 Councilman Schindler moved the bids be referred to the Public Works Committee to report back. Councilman Atkinson seconded and the motion carried. Hot Mix Al Paving, Inc., 10% Bid Bond, $16.80/ton, Total Price $104,143.20 Pack and Cyr, 10% Bid Bond, $19150/ton, Total Price $120,880,50 Councilman Schindler moved the bids be referred to the Public Works Committee to report back. Councilman Atkinson seconded and the motion carried. fLL)�, - 137 Southwest Kalispell Project Curbing Marriott Concrete Inc., $6,796.20 Letter of Credit Bond, $4.82/L.F., Total Price $67,962.00 Pack and Company, 10% Bid Bond, $6.99/L.F., Total Price $98,559.00 Sandon Construction Co., Inc., $10,500.00 Bid Check, $7.40/l.F., Total Price $104,340 Councilman Hopkins moved the bids be referred to the Public Works Committee to report back. Councih-n n Atkinson seconded and the motion carried with Councilwanan Hafferman opposed. 1989 Sidewalk and Curbing Sandon Construction Co., Inc., $500.00 Check, Various Prices Marriott Concrete, Inc., Bond on File, Various Prices Councilman Hopkins moved the bids be referred to the Public Works Ccmanittee to report back. Councilman Schindler seconded and the motion carried. PUBLIC HEARINGS: Resolution to Amend Budget for Redemption of Tax Deed Lands Mayor Kennedy open the Public Hearing and called for proponents and opponents. There being none Mayor Kennedy declared the Public Hearing closed. Resolution to Approve Tax Increment Fund Budget Transfer Mayor Kennedy open the Public Hearing and called for proponents and opponents. There being none Mayor Kennedy declared the Public Hearing closed. ADDRESSING THE COUNCIL No one addressed the council. MAYOR'S REPORTS: Confirmation of Fire Chief Mayor Kennedy read his letter to the council requesting confirmation of Ted A. Waggener to the position of Fire Chief effective May 16, 1989. Councilman Schindler moved confirmation, Councilman Atkinson seconded and the motion carried. Confirmation of Police Lieutenant Mayor Kennedy read the letter from Police Chief Clark requesting confirmation of Ronald Young as a Lieutenant in the Kalispell Police Department effective May 7, 1989. Councilman Atkinson moved confirmation, Councilman Schindler seconded and the motion carried. Confirmation of Police Sergeant Mayor Kennedy read the letter from Police Chief Clark requesting confirmation of James Brown as a Sergeant in the Kalispell Police Department effective May 7, 1989. Councilman Schindler moved confirmation, Councilman Atkinson seconded and the motion carried.. 911 Update Mayor Kennedy called upon Ron Van Natta who presented a report on the status of the 911 system. Van Natta said the final plans should be sent to the State for final approval shortly. He stated the policy positions of the City's 3/17/1986 letter have been met. The operation of the system will be funded by the 25 cent fee and the City will not have to raise any additional taxes to fund the system. He said the system should be operational three months after final approval of the agreement documents by the State. COMMITTEE REPORTS: OMMNITY DEVELOaMgT/PUBLIC BUILDINGS - No Report FINANCE/PERSONISL & POLICY/INSURANCE Resolution #3860 - Capital Project Budget - Police Equipment Councilman Nystul moved approval of Resolution #3860, a resolution to adopt a budget for a Capital Project Fund to be used to finance the acquisition of capital equipment for Fiscal Year 1988-89. Councilman Atkinson seconded. 8Y_ Nystul explained the purpose of the resolution is to allow the spending of grant money received by the Police Department. The motion carried unanimously upon roll call vote. Resolution #3861 - Capital Project Budget - 89 Sidewalk & Curb Construction Councilman Nystul moved approval of Resolution #3861, a resolution to adopt a budget for a Capital Project Fund to be used to finance the construction of sidewalks and curbs. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3862 - Set Public Hearing - Amend 88-89 S & C Budget Councilman Nystul roved approval of Resolution #3862, a resolution setting a date for a public hearing on amending the budget for the 1988 Sidewalk and Curb Fund to properly account for funds available in the fund which can be expended in the Fiscal 1989 Budget. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3863 - Approve Transfers Among Appropriations Councilman Nystul moved approval of Resolution #3863, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 1989 Fiscal Year. Councilman Atkinson seconded. Nystul explained the resolution would transfer budget from the general budget for Redevelopment Projects to the specific budgets of Commercial Rehabilitation, City Hall Interior and Griffin Field. There is also a transfer from Traffic Signal - Salaries to Traffic Signal - Signs. The motion carried unanimously upon roll call vote. Resolution #3864 - Arend Budget to account for Tax Deed Land Purchase Councilman Nystul moved approval of Resolution #3864, a resolution approving amending the budget for the General Fund to properly account for funds expended to redeem Tax Deed Land during Fiscal Year 1989. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3865 - Declare Emergency Budget - City Judge Councilman Nystul -moved approval of Resolution #3865, a resolution declaring an Emergency -Budget for the General Fund, City Judge, to cover a deficit in said account for Fiscal Year 1989 and setting a date for Public Hearing thereon. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. ReMax Parking Lot Councilman Nystul reported the City has not been successful in negotiating repair of the Planter Area and litigation is being pursued. He also stated the Committee does not believe the allegations and statements of facts presented in the letter from their attorney are in fact accurate, and that's probably where part of our dispute is. PARKS, PUBLIC LANDS/An EXXATION/ZONING/BUILDING REGULATION Ordinance #1134 - Airport Administrator - Second Reading Councilman Atkinson moved approval of Second Reading of Ordinance #1134, an ordinance designating the Parks Director as administrator of operations for the Kalispell City Airport, repealing Ordinance #1114, and authorizing the City Council of the City of Kalispell to establish by resolution a fee schedule for users of the Airport and declaring an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3866 -- Preliminary Plat - Poston Addition Councilman Furlong moved approval of Resolution #3866, a resolution conditionally approving the preliminary plat of the amended subdivision of Lot 13, Block 1, Poston Addition, located in SW1/2 SW1/4, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County Montana. Councilman Nystul seconded and the motion carried unanimously upon roll call vote. .1 9 139 Resolution #3867 - Annex Buckallew Addition #217 Councilman Furlong moved approval of Resolution #3867, a resolution to provide for the alterations -of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Buckallew Addition #217; to zone said property Residential, R-3, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Nystul seconded and the motion carried unanimously upon roll call vote. Resolution #3868 - Annex County Addition #218 Councilman Furlong moved approval of Resolution #3868, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be knovm as County Addition #218; to zone said property Public, P-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Nystul seconded and the motion carried unanimously upon roll call vote. Resolution #3869 - Annex Dry Bridge Addition #219 Councilman Furlong moved approval of Resolution #3869, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Dry Bridge Addition #219; to zone said property Residential, R-2, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3870 - Annex Eighteenth Street Addition #220 Councilman Furlong moved approval of Resolution #3870, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein., as an annexation, certain real property to be known as Eighteenth Street Addition #220; to Zane said property General Business, B-2, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3871 - Annex Eighth Street Addition #221 Councilman Furlong moved approval of Resolution #3871, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be know. as Eighth Street Addition #221; to zone said property Residential Apartment, RA-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3872 - Annex Grandview Addition #222 Councilman Furlong moved approval of Resolution #3872, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Grandview Addition #222; to zone said property Residential, R-3, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3873 - Annex Heritage Addition #223 Councilman Furlong moved approval of Resolution #3873, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Heritage Addition #223; to zone said property Residential Apartment, RA-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution 43874 - Annex Indian Addition #224 Councilman Furlong moved approval of Resolution #3874, a resolution to provide for the alteration -of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Indian Addition #224; to zone said property Residential, R-3, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3875 - Annex Meridian Tracts Addition #225 Councilman Furlong moved approval of Resolution #3875, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Meridian Tracts Addition #225; to zone said property Residential, R-3, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried upon roll call vote with Councilwoman Hafferman abstaining because she is moving into the Addition. Resolution ##3876 - Annex North Meridian Addition #227 Councilman Furlong moved approval of Resolution #3876, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as North Meridian Addition #227; to zone said property Residential Apartment, RA-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3877 - Annex Northwest Tracts Addition #234 Councilman Furlong moved approval of Resolution 43877, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Northwest Tracts Addition #234; to zone said property Residential, R-3, and Public, P-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3878 - Annex Salish Court Addition #228 Councilman Furlong moved approval of Resolution #3878, a resolution to provide for the alteration -of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be }mown as Salish Court Addition #228; to zone said property Residential, R�-3, and to amend the City zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3879 - Annex Slivers Addition #229 Councilman Furlong moved approval of Resolution #3879, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation., certain real property to be known as Slivers Addition #229; to zone said property Residential, R-2, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. Resolution #3880 - Annex Sunnyview Addition #230 Councilman Furlong moved approval of Resolution #3880, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Sunnyview Addition #230; to zone said property Residential Apartment, RA-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3881 - Annex 'Third Avenue Addition #231 Councilman Furlong moved approval of Resolution #3881, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Third Avenue Addition #231; to zone said property Residential Apartment, RA-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Schindler seconded and the motion carried unanimously upon roll call vote. Resolution #3882 - Annex Two Mile Addition #232 Councilman Furlong moved approval of Resolution #3882, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Two Mile Addition #232; to zone said property in accordance with the Kalispell City -County Master Plan, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimrously upon roll call vote. 141 Resolution #3883 - Annex Wyocning Addition. #233 Councilman Furlong moved approval of Resolution #3883, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Wyoming Addition #233; to zone said property Residential, R-4 and Neighborhood Business, B-1, and to amend the City Zoning Map accordingly and to declare an effective date. Councilman Atkinson seconded and the motion carried unanimously upon roll call vote. West Valley Fire Department Request Robin Street, West Valley Fire District Fire Chief, asked, on behalf of the District Board of Directors, that the Council consider transferring to them some of the additional revenue the City will receive, to make up for some of the revenue they will lose. Councilman Nystul said they will not be losing the tax revenue until November of 1990. Councilman Furlong requested he bring his request to the next committee meeting. PUBLIC SAFM/PARKING/GAMBLING Recc mnendation to fill Police Patrolman Vacancy Councilman ,Schindler reported Police Chief Clark has requested he be allowed to fill the patrolman vacancy which has existed since Lieutenant Hellman retired. Clark has reported he has problems with staff shortages from sick leave and vacations because of this unfilled position. Clark reviewed sane statistics regarding the department work load to support his request. They have received 889 calls more than last year. He also said they had three calls in one month where officers were disarmed by assailants and no backup was iruediately available. Councilman Nystul stated the request should be considered in the budget process rather than right now. Schindler said the request is that the position be authorized now to be filled July 1, regardless of the budget status. Councilman Furlong moved the Police Chief incorporate this in his budget request. Councilman Schindler seconded and the motion carried. 911 Dispatcher Councilman Schindler said the city will have additional costs from 911, the Police Department will need an extra dispatcher to handle the Fire and Ambulance calls which. will be channeled through the Police Department. Schindler said the funding has been worked out between the Police and Fire Chiefs. They are suggesting the funding be taken out of the Fire and Ambulance Budgets. The request is to authorize the position now to be filled next fiscal year. Councilman Furlong asked if the Water & Sewer DepaxtFnents and any others who will have calls going through 911 participate in the funding. Councilman Schindler moved that in the next Fiscal Year's Budget we plan to hire one additional dispatcher to start July 1. Councilman Nystul seconded. Counciln-n Hopkins said he preferred to review this request in the overall budget request. Councilman Furlong agreed. Councilman Nystul said he thought the motion was to support the request at budget time. He didn't feel there was funding available in the Ambulance Fund and if the Fire Department has excess funds it is because they are going without something. He agreed it should be considered in the budget process. Clark said he can't absorb 911 without another dispatcher because his department hasn't grown in 12 years. He needs additional help even without the 911 load. Clark said he had talked to the Fire Chief to see if there could be some support available from them to help support this additional dispatcher. Clark said he didn't ask how much or how the funds would be provided. Councimwo n Hafferman said she supports the need but it should be considered at budget time. 4 142 Councilman Hopkins asked if implementation of 911 could be delayed until SeptEmber 1. Clark said he didn't have any control over it. He thought when the phone company was ready the system would be turned on unless we refuse to sign the agreement. Hopkins agreed with others, that even though the need is probably there, it should be considered in the overall budget. The motion failed with only Councilman Schindler in favor. Authorization to Acquire DARE Program Grant Councilman Schindler reported Chief Clark would like to pursue a grant to fund an officer for one year, renewable for three years. The officer would be going into the classroom to work with school children. CouncihTan Schindler moved the Police Chief be authorized to attempt to get the DARE Program Grant. Councilman Nystul seconded. Schindler explained a seasoned officer would go into the program and be funded by the grant. A new patrolman would then be hired for the duration of the grant. Mayor Kennedy spoke in favor of this. Councilmen Nystul and Atkinson spoke in favor. The rnption carried unanimously. Authorize Dispatch Work Station Councilman Schindler reported Chief Clark has money available from economies and efficiencies within his budget and would like the council's permission to purchase a second computer workstation for dispatch. Clark said the computer would cost $2,025. Councilman Schindler moved to authorize the Police Chief to purchase the workstation for dispatch use. Councilman Furlong seconded. The motion carried unanimously. PUBLIC WORKS/AIR QUALITY/AIRPORT Banners Councilman Hopkins reported the coamittee has discussed, the past couple of meetings, the banner policy and cost involved in putting them up and taking them down. The committee recommends, because of costs and safety reasons, that the city stop displaying the banners. It is also illegal to hang them across Main Street. Hopkins moved the Council authorize the discontinuance of raising and lowering banners as of January 1, 1990. Councilman Schindler seconded. Councilman Furlong preferred noon -profit groups be allowed to continue having banners if they pay the costs. Councilman Schindler said the non-profit groups don't have the money and may have to go to the commercial sponsors to fund the banner and display their logo. Several council members suggested we find alternative places and methods to advertise the events. Councilman Schindler said the motion is made with the understanding that alternative I methods be sought. The motion carrie1 *a:th Councilman Furlong opposed. Second Avenue East Reconstruction Councilman Hopkins reported there is need to raise and repair Storm Drains and repair and reconstruct the intersections on Second Avenue East from Seventh Street to Twelfth Street. The funding can cone from Tax Increment and the work can begin imTediately. The committee is recommending this work be added to the Street Reconstruction Program for this season. 1,1 ' 143 Councilman Hopkins moved the council approve the Second Avenue East project with the side streets from Sixth to Tenth Street for reconstruction. Councilman Schindler seconded. Councilman Nystul spoke against the motion, stating he thought we had other work which should have a higher priority. After further council discussion the motion was withdrawn. Fourth Street Mayor Kennedy asked if Fourth Street could be repaired, it is a fire route and is in bad shape. Councilman Hopkins said the committee would consider it. Order in Curbs & Sidewalks Councilman Hopkins moved approval of ordering in of Curbs & Sidewalks as proposed by the Public Works Department maps. Councilman Atkinson seconded. Councilman Nystul said First Avenue West North serves the Mall and suggested the cost be paid by Tax Increment like the rest of the Mall. The motion carried with Councilman Nystul opposed. SEWER & WATER Call for Bids - Sewer Maintenance Vehicle Councilman Nystul moved the Sewer Department be authorized to call for bids for a Maintenance Vehicle. Councilman Furlong seconded. Nystul Explained the department would like to purchase a one ton flatbed truck at an approximate cost of $18,000. The motion carried unanimously. Call for Bids - Pipe & Materials Council Nystul moved the departments be authorized to call for bids for Water and Sewer Pipe, Materials, Fittings, Etc., for use during the present year. Councilman Atkinson seconded and the motion carried. Authorize Letter on S.I.D. #337 Mayor Kennedy explained Water Quality will give us our $49,000 for the Grant on S.I.D. #337. -They said an action by the Council requiring the people in S.I.D. #337 to hookup to the City Sanitary Sewer on or before October 28, 1991 will meet their requirements. It does not have to be -a resolution or ordinance. Councilman Nystul moved the Mayor be authorized to send this final letter to the residents within S.I.D. 337 regarding the sewer hookup, so we will be in ccupl.iance with requirements of the Enviroranental Protection Agency. Councilman Atkinson seconded and the motion carried unanimously. Southwest Kalispell Area Water Line Councilman Nystul reported there was approximately 600 to 700 feet of Water Line installed in the Southwest Kalispell Area Project that was overlooked in the design phase. It was installed on a per unit basis and the total price did not exceed $10,000. ANNDUNCEMENrS Cournittee Meetings Police Negotiations, Tuesday June 6, 1989, 5:00 pm. Public Works, Thursday June 8, 1989, 8:00 am.1 Review Bids ADJOURN The meeting was adjourned at 10:17 pm. ATTEST: Don Halver, C.M.C., Clerk/Treasurer Qig ter- _ hn " __ Ed' Kennedy,- Jr , Mayor Approved as presented 6/19/89