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09/18/89 City Council Minutes169 A REGULAR NOTING OF THE KALISPELL CITY ODUNCIL WAS HELD AT 7:30 P.M. MONDAY SEP EMBER 18, 1989 IN THE COUNCIL CHAMBERS AT CITY HALL.- MAYOR KENNEDY PRESIDED. COUNCILMEN NYSFUL AND SCHINDLER WERE ABSENT. ALL OTHER COUNCIL,TvMSERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CONSENT AGENCA Approve Minutes Regular City Council Meeting September 5, 1989 Approve Claims City Official Reports Treasurer's Report (August) Police Chief " City Judge " Building Official " Councilman Hopkins requested the minutes be corrected to state, under O'Neil Parking Lot discussion, that Councilman Furlong moved the amendment and Councilman Hopkins seconded. Councilman Gunnerson moved the consent agenda, with the correction, be approved. Councilman Atkinson Bonded and the motion carried. BID OPENINGS: Water Main Improvements, Hutton Addition 1. Pack & Company, License 2760A, 10% bid bond, Total Bid $128,360.00. 2. LHC, Inc., License 5459A, 10% bid bond, Total Bid $137,337.58. Councilman Hopkins moved the bids be referred to the Sewer and water committee to report back. Councilman Furlong seconded and the motion carried. Leaf Loading Machine 1. Coastline Ford Tractor, Inc., Everett, Wa., No bid bond, $27,465.00. 2. Adams Tractor, Spokane, Wa., $2,578.18 bid bond check, A., Demo'd 710 Ford -leaf loader, left hand model, approximately 40 hours, new warranty, $24,516.93. B., 710 Ford leaf loader, right hand model new $25,781.76. C., 710 Ford leaf loader, left hand model new $25,382.82 Councilman Hopkins moved the bids be referred to the Public Works Committee to report back to the council. Comcilman Saverud seconded and the motion carried. PUBLIC HEARINGS: Request for Zoning (R-3) and Annexation -- Landfall Company Mayor Kennedy opened the Public Hearing and called for proponents. Steve Felt stated he was representing the owners, favored the project, and was willing to answer any questions. There were no other proponents. Mayor Kennedy called for opponents. Guy Maycumber was concerned that a portion of land he owned was being annexed. David Greer assured him it wasn't included. With no other opponents, the public hearing was closed. ADDRESSING THE COUNCIL Evergreen Sewage Torn Flym, 747 Third Avenue west, again addressed the council about Evergreen Sewer. The new rate he alleged the City gave to Evergreen was illegal because no public hearing was held. Flynn said the City has not adequately provided for the prevention of odors from the proposed lift stations. He also charged the City has not secured satisfaction on Evergreen's ability to pay their assessments. 170 170 Councilman Furlong attempted to assure Mr. Flynn that nothing would be clone without a public hearing and no special rate had been established. We are not hurrying to cut a deal with Evergreen. No one else addressed the council. MAYOR'S REPORTS Mayor Kennedy said he and Clerk/Treasurer Halver had attended the League of Cities and Towns Convention last week in Helena. Halver was reelected to the Board of The Montana Municipal Insurance Authority and Mayor Kennedy continues on the League Board. Mayor Kennedy said he also was proud to represent Kalispell in welcoming President Bush to Montana. • •I� i �� H� ICI It • • • 181y � r COAM9ITTEE REPORTS: COWU ICTY DEVEL+OPMEnTT`/PUBLTC BUILDINGS Griffin Field Councilman Saverud reviewed the background of the property and its being offered for sale. Saverud moved the City accept $500.00 for a six month option on Griffin Field at a purcbase price of $211,500.00 from Hawkins and Associates. Councilman. Furlong seconded. Saverud reported the camiittee is concerned the retail community may be overbuilt but this was the best use for this land. Councilwoman Hafferman said she would support the motion to get the property back on the tax rolls but was concerned about another mall. The motion carried unanimously upon roll call vote of those members present. Parking Commission Status Change Councilman Saverud discussed some problems with the present makeup and status of the Parking CmT issicn. Saverud moved the City Attorney prepare the necessary documents and the Mayor be authorized to sign said documents to establish the Kalispell Parking Ccaanission as strictly an advisory committee. Councilman Furlong seconded. City Attorney Neier said the ordinance is ready and can be acted upon next meeting. Councilman Gu n-ierson recommended the Ccummity Development and Safety Cmnuttees be designated the committees to work with the Parking Cclm fission. The motion carried unanimously. FINANCE/PERSONNEL & POLICY/INSURANCE Resolution #3902 - Year End Budget Transfers Councilman Atkinson moved Resolution #3902, 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 Saverud seconded and the motion carried unanimously upon roll call vote. Resolution #3903 - Health Insurance Fund Emergency Budget Councilman Atkinson moved Resolution #3903, a resolution declaring an Emergency Budget for the Health Insurance Fund to cover a deficit in said account for Fiscal Year 1989 and setting a date for Public Hearing thereon. Councilman. Saverud seconded and the motion carried unanimously upon roll call vote.. Resolution #3904 - General Obligation Bond Fund Emergency Budget Councilman Atkinson moved Resolution #3904, a resolution declaring_ an Emergency Budget for the General Obligation Bond Fund to cover a deficit in said account for Fiscal Year 1989 and setting a date for Public Hearing thereon. Councilman Saverud seconded and the motion carried unanimously upon roll call vote. Resolution #3905 - Retirement Fund Emergency Budget Councilman Atkinson moved Resolution #3905, a resolution declaring an Emergency Budget for the Retirement Fund to cover a deficit in said account for Fiscal Year 1989 and setting a date for Public Hearing thereon. Councilman Saverud seconded and the -motion carried unanimously upon roll call vote. 171 Non -Union Pay Raise Councilman Atkinson moved the City Council grant a 1.5% salary increase, retroactive to July 1, 1989, to each non union enployee on the Salary Matrix. Councilman Saverud seconded. Atkinson said the matrix would not be adjusted and each employee's salary would revert at the end of the year to the present position on the matrix for renegotiation. This is a cost of living adjustment for one year. The motion carried with Councilman Furlong opposed. Furlong explained he was not opposed to the increase. He is opposed because raises were not granted under the purposes of the matrix. Atkinson said they have found problems with the matrix that need to be addressed before it can be used. A better evaluation program needs to be developed. He hoped that by this time next year the Salary Matrix would be running smoothly. Motorola Antenna Request Councilman Atkinson reported Motorola is requesting to enter into a lease to place an antenna an the Water glower for use by the Montana Lottery. Atkinson moved the Council enter into agreement with Motorola for $75.00 per month for five years, with the stipulation the antenna does not interfere with the present system in place. Councilman Saverud seconded. Assistant Police Chief Hossack reported the Police Department had turned down the Lottery people themselves because they wanted to use the same building as is used for the Public Safety radio systems and the department was concerned about loss of security for these systems. Ben Van Dyke suggested the vote be postponed for further investigation. Councilman Furlong moved to table the motion, Councilman Saverud seconded and the motion to table carried. PARKS/PUBLIC LAM/AIW{ATION/ZONING/BUILDING REGULATION Meridian Zoning Ordinance Councilman Furlong moved Ordinance #1136, an ordinance to amend Section 5.01, Official Zoning Map, of the City of Kalispell zoning Ordinance (Ordinance No. 1110),- by zoning the Meridian Addition, a previously unzoned area of the City, Residential, R-4, in accordance with the Kalispell City -County Master Plan, and to provide an effective date. Councilman Atkinson seconded. Councilwoman Hafferman stated she would be abstaining because she will be proving into the area and takes no position for or against the zoning. Marshall Murray, Attorney representing a majority of the property owners, stated he had sufficient protests to require passage by favorable vote of 3/4 of the total number of councilmenbers. with Councilmember HaffenTan abstaining and two members absent, the votes required are not available. He also asked whether the Council is attempting to establish a zone or change an existing zone. Murray also said the zoning ordinances allow rebuilding of damaged non -conforming use properties, within defined time limits. Councilman Furlong moved the motion be tabled, Councilman Gunnerson seconded and the motion carried. Councilman Furlong apologized to the people who are waiting for action on this issue. Resolution #3906 - Landfall Addition Councilman Furlong nrved approval of Resolution #3906, a resolution to provide for the alteration of the Boundaries of the City of Kalispell by including therein, as an annexation, certain parcels of real property in a tract of land in the NW114 SK1/4 of Section 6, Township 28 North, Range 21 West, P.P.M., Flathead County, Montana, to be known as Landfall Addition No. 215, to zone said property Residential, R-3, to amend the City Zoning Map accordingly and to declare an effective date. Councilman Gunnerson seconded. City Attorney Neier requested the effective date of the resolution be Septenber 1, 1990. Councilmen Furlong and Gunnerson agreed to this amendment. The amended resolution passed unanimously upon roll call vote. 172 Parks Department Tractor RecLuest Councilman Furlong reported the Parks Department has been unable to find a suitable used tractor as authorized in the budget. Parks Director Baker is requesting permission to use a two or three year lease/purchase for a new tractor with this year's budget amount being used for the down payment. Furlong moved Parks Director Baker be authorized to call for bids for a lease/purchase of a new tractor to be used for Parks maintenance. Councilman. Gunnerson seconded and the motion carried. PUBLIC SAFEPY/PARKING/GWLiNG -- No Report PUBLIC 'WORKS/AIR QUALITY/A]M:10RT Call for Bids - Garbage Truck Councilmen Hopkins moved the City call for bids for a new Side Arm Loader Garbage Truck as authorized in the Garbage Fund budget. Councilmen Furlong seconded and the motion carried. Fifth Street East Construction Councilman Hopkins reported the recommended method for separating the safety easements from the parking lots is to install conduit for future decorative lights and use landscaping for the rest of the barricades or buffers. O'Neil Parking Lot Bid Councilman. Hopkins reported the committee, having power to act, has rejected the bid on the basis that it was the sole bid and the staff said it could be done in-house at less cost. Hopkins moved the City Staff complete the O'Neil Parking Lot Project. Councilworan Hafferman seconded. Councilman Saverud stated the committee agreed the City Staff may well subcontract some of the work. The motion carried with Councilman Atkinson opposed. Meridian Road Councilman Saverud complimented the staff for the fine work done on repairing Meridian Road. Mayor Kennedy said he had directed the work done. AlrMUNCEi+ ENTS : Ccmmittee Meetings: C uuunity Development/Safety, Tuesday September 19, 1989, 7:30 am., City Hall Foyer, to review the"Police Department Remodeling Plans. ADJOURN The meeting was adjourned at 9:25 pm. ohm "Ed" Kennedy, Jr., Mayor ATTEST: Don Halver, C.M. ., Clerk/Treasurer Approved as presented October 2, 1989 1 1 1