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03/05/90 City Council Minutes221 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, MARCH 5, 1990, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HOP`KINS PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Hopkins called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA APPROVE MINUTES Regular Council Meeting February 20. 1990 APPROVE CLAIMS Councilman Nystul moved the consent agenda be approved. Councilman Atkinson seconded and the motion carried. ADDRESS COUNCIL -No one addressed the council ANNOUNCEMENTS & APPOINTMENTS City/County Planning Board, Bill Gould Mayor Hopkins announced the appointment of Bill Gould, as City representative to the City/County Planning Board,- and requested confirmation. Councilman Nystul so moved the appointment. Councilman Gunnerson seconded and the motion carried. Architectural Review Committee, Gini Ogle Mayor Hopkins announced the appointment of Gini Ogle to the Architectural Review Committee, and requested confirmation. Councilman Atkinson so moved the appointment. Councilman Granmo seconded and the motion carried. Board of Adjustment, Clare Hafferman Mayor Hopkins announced the appointment of Clare Hafferman to the Board of Adjustments, and requested confirmation. Councilman Furlong so moved. Councilman Nystul seconded and the motion carried. MAYOR'S REPORTS Advisory Committee Recommendation for Manager Advertisement Mayor Hopkins reported the Sub -committee of the Transition Advisory Committee, met last week and prepared a job advertisement for the City Manager job. He said there were a couple of minor changes made today by the Finance Committee. Mayor Hopkins asked the council's approval. City Manager, Kalispell, Montana (12.000 pop.) 30 miles from Glacier National Park. New position. Salary range $35,000-/451.000 DOQ. Appointed by & serves at the pleasure of the council. Full service city. $8.5 million budget. 150 employees. Min. Qualifications are BA in public administration or related experience. Preferred qualifications are MPA or related degree, 3 years local government experience. Send letter of application and resume to Mayor Hopkins, P.O. Box 1997. Kalispell, MT 59903-1997. Closing date is April 30, 1990. Reference requests will be made of finalists. EEO employer. Publication International City Managers Association (newsletter) National League of Cities Newsletter Billings Gazette Missoulian Great Falls Tribune The Daily Inter Lake Councilman Furlong moved the approval. carried. Date Cost March 12, April 9 $222.50 March 12 $136.00 March 11, 18 $ 93.54 March 11. 18 $ 27.30 March 11. 18 $ 55.10 March 11. 18 $ 16.56 $551.00 Councilman Nystul seconded and the motion 222 City Attorney Neier Trial Report City Attorney Neier stated there had been slot of trouble in the last year regarding the maintenance and upkeep of Meridian Road. He reported last week in City Court a trial was held involving the City and Frank Talley. He said Talley had sued the city for damages sustained when his car allegedly struck a large chuckhole on Meridian Road on June 14. 1989. He filed a suit in December of 1989 requesting $260 in damages. A jury trial was held on March 1, 1990. He said both sides called witnesses. Street Superintendent Brady and Ron Johnson; from the garage testified for the city. Neier stated our position in the case was that the city must use ordinary care in maintain the street in a reasonably safe condition. He said we could not guarantee the condition of any street in the City of Kalispell. The jury agreed with the city and returned a defendants verdict in the matter. It was a small case, $260 in damages, but we felt it important enough to defend it because the plaintiff's verdict in this sort of action might result in larger claims to be made against the city for a variety of things, over which we have very little control of. He said the mayor felt we should report this to the council. Public Works Director Hammer letter of Resignation Mayor Hopkins read the first paragraph of a resignation letter from Ken Hammer, Public Works Director. "Please accept my letter of resignation as Director of Public Works with the City of Kalispell, effective March 4, 1990. It'has been a pleasure to have worked with you, previous mayors and councilmembers as well as many of the present councilmembers. I will sincerely miss working with the citizens and business owners, as well as the local contractors, engineers and employees from the county and state. agencies. I wish specially to give thanks to the dedicated City Department Heads, Supervisors and employees who have cooperated with and worked hard to make the City of Kalispell a better place to live." Mayor Hopkins stated Hammer will be taking a job in Evans. Colorado as Public Works Director. Councilwoman Moses so moved the acceptance of the resignation. Councilman Nystul seconded and the motion carried. Councilman Schindler letter of Resignation Mayor Hopkins he was informed by Councilman Schindler that his last day representing Ward 2 will be March 31, 1990. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS —No Report FINANCE/PERSONNEL & POLICY/INSURANCE Firefighter's Negotiations' Councilman Nystul stated a letter has been received that the Firefighter's are willing to negotiate. The committee's recommendation is that this is done inhouse, with a commitee consisting of the City Attorney, Mayor and at least one member from council. Councilman Nystul moved that the policy of the council will be the negotiation team for the Firefighters contract for this year will be the Mayor, City Attorney and a councilman. Councilman Gunnerson seconded and the motion carried, with Councilman Atkinson voting against. Realtor's Proposals for the Sale of Buffalo Head Councilman Nystul reported several proposals have been received regarding the sale of Buffalo Head. He said the committee met with the realtors and it is recommended the Rex Boller proposal be accepted. Nystul moved the mayor be authorized to enter into a written agreement with Rex Boller for three months for an exclusive listing of the lots at Buffalo Head. Councilman Atkinson seconded and the motion carried. Health Insurance Councilman Nystul stated the committee has considered to engage an agent of record on behalf of the city, to be our representative in dealing with health insurance. The committee felt while we may still continue with our same carrier that an agent of record would give us someone doing more work on our side. 223 Councilman Nystul moved the city solicit proposals for an agent of record for health insurance. Councilman Furlong seconded and the motion carried, with Gunnerson against. CEU Buyout Councilman Nystul referred to memo distributed by the Mayor. The memo is in reference to the ASFCME contract has a provision in it whereby continued education units of thus compensation may be earned by certain employees who complete a approved educational courses. He said The language in the contract makes it difficult. The recommendation of the Mayor and the committee is to look at a method to buy it out of the contract. Nystul moved the mayor be authorized to negotiate a buyout of the CEU units subject to the ratifications by the bargaining unit and the city. Councilman Furlong seconded and the motion carried. D.A. Davidson/Sewer Revenue Bond Councilman Nystul announced Craig Jones, of D.A.Davidson will be here March 6th at 4:00 to discuss our 1.6 million dollar Sewer Revenue Bond. PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Adoption Depot Park Master Plan Councilman Atkinson moved the adoption of the Depot Park Master Plan. Councilman Furlong seconded the motion. Atkinson stated the Depot Park Master Plan has been reviewed and approved by the Architecural Committee, Tax Increment Committee, Kalispell Development Corp., Community Development Committee and the Parks Committee. He said the only real additions that will be added at this time, will be a sidewalk system and a circular area that will house a Centennial structure. He said the idea behind the master plan is to limit any further growth and to allow for a pleasing park. Nystul asked if the intent of the motion, is that no substantial changes will be made to the master plan without the approval of the council? Atkinson stated that was correct. Upon vote. the motion carried. Golf Course Fees Councilman Atkinson referred to the letter from the Kalispell Golf Association, stating the request for a change in rates for 1990 for the Buffalo Hills Golf Club. He said the committee recommends adoption of the proposed fee increase and he so moved. Councilman Furlong seconded and the motion carried. The 1990 rates for Buffalo Hill Golf Club: 1st Member $225.00 2nd Member $200.00 Jr. Member $ 75.00 18-Hole Green Fees $ 20.00 9-Hole Green Fees $ 9.00 Approval of Final Plat of Amended Subdivision of Lot 13, Block 1, Poston Addition Councilman Atkinson reported the committee has reviewed the Final Plat of Amended Subdivision of Lot 13, Block 1, Poston Addition. Atkinson so moved the approval. Councilman Furlong seconded the motion. After discussion, the motion carried. Landfall Addition Boundary Survey Councilman Atkinson moved to authorize the mayor to sign the certificate of survey establishing a boundary line agreement between the City of Kalispell and the Landfall Corporation. Councilman Furlong seconded the motion. After some discussion Furlong moved to amend the motion to include the ultimate agreement between the Golf Association and the Landfall company as to the right of access through the fence, deleting the boundary. Atkinson seconded the motion. After discussion, Nystul spoke against the amended motion. He said the rights of access to the Golf property should not be proprietary rights, they should be under the control of the administration and the Golf Course and should not flow with the ownership of the property. h 224 Furlong stated the Golf Course is city property. Upon further discussion Furlong withdrew the amendment.- Atkinson withdrew the second. Upon vote, the motion carried unanimously. Furlong moved that any agreement reached between the Golf Association and the Landfall group, pertaining to access to the golf course. through that Landfall Addition survey, be made a part of the permanent city record. Atkinson seconded and the motion carried. PUBLIC SAFETY/PARKING/GAMBLING Parking Lot Request Councilman Schindler read a letter from Steve Olson from Norwest Bank, pertaining the parking lot on lst Avenue East and 2nd Street. The letter states the revenue from the few parking meters in that lot does not justify the maintenance and repairs of those meters. Therefore the city would like to remove those meters and enter into anew agreement on the lot. The Parking Advisory Board will be reviewing all city parking lots and renegotiate among other things, the percentage split between lessor and lessee and the price of permits sold on those lots. He said the safety committee reviewed this letter and concurred with the Parking Advisory Board and he moved their recommendation. Councilman Larson seconded and the motion carried. Schindler referred to a Letter received from Murphy, Robinson, Heckathorn and Phillips Law Firm. The letter pertained to the parking lot north of Blake Hall, stating the PAB had reviewed the request for the city to lease the parking lot north of Blake Hall. It was agreed to recommend the city lease the lot on a 50-50 split with the permits selling at $12.00 per month. Which is the maximum permit fee allowed in the city at this time. He said after review, the committee also concurred with the PAB recommendation. He so moved the recommendation. Nystul seconded the motion. Furlong suggested the request be delayed for the $12.00 per month permit fee, until all the lots can be reviewed in the spring. After discussion, the motion carried. with Furlong voting against. Staffing Changes Police Department Councilman Schindler reported that the Police Department is running one of it's six shifts, totally without a Sargeant and one of the shifts is without a Sergeant about 50% of the time. Due to the liability exposure to the city for failure of adequate supervision, Chief Clark is concerned. He has requested permission to add a Sergeant position to cover the empty shift. Schindler said the committee concurs and so moved. Larson seconded and the motion carried. Skate Board Ordinance Information Councilman Schindler stated in Kalispell, there is an increasing problem with skateboarders. He said numerous letters of complaint have been received from businesses and anyone who has open space, including pedestrians. requesting something be done in the way of an ordinance to control the problem. City Attorney Neier has a proposed ordinance and the committee will review it at their next meeting. Schindler said any input from the public or otherwise is encouraged. PUBLIC WORKS/AIR QUALITY/AIRPORT Award Bids: Uncrushed Sub Base. Crushed Base, Pipe Bedding. Hot Mix, Asphalt Crushing Uncrushed Sub -Base Councilwoman Moses moved the acceptance of the Uncrushed Sub Base contract be awarded to McElroy & Wilken at $1.00 per ton. Councilman Schindler seconded and the motion carried. Moses moved the acceptance of the Crushed Base contract be awarded to McElroy & Wilken at $2.95 per ton. Councilman Schindler seconded and the motion carried. Pipe Bedding Moses moved the acceptance of the Pipe Bedding contract, Bid Item #1 at $2.60 per ton and Bid Item #2 at $3.25 per ton be awarded to McElroy & Wilken. Councilman -Schindler seconded and the motion carried. n �J 1 1 225 Asphalt Crushing Moses moved the acceptance of the Asphalt Crushing contract be awarded to Torgerson Construction at 3.40 per ton. Councilman Schindler seconded and the motion carried. Hot Mix Moses stated this bid is still under advisement. SEWER & WATER Recommend Sid for Water Main Installation Meridian Road Councilman Granmo so moved and recommended the council award the bid for the Water Main Installation on Meridian Road to LHC, low bidder. Councilman Nystul seconded the motion and carried unanimously. Evergreen Water District Councilman Granmo reported the Water & Sewer Committee met with the Evergreen Water District Board on this date, to review the results of their survey, which is currently in progress. The survey is to find out how many residents are willing to waive the right to protest annexation. He said the survey is a long way from being complete, at this time there is 42% response. The 23% of the response is in favor of waiving the right to protest annexation. He said it is a long way from the 51% needed to meet the current City council policy. to make that a prerequisite to negotiating with Evergreen on the treatment of their sewage. Jack Fallon, Evergreen Water District, stated at the November 20. 1989 meeting, we heard that anyone who hooks on to the Kalispell Sewer System or utilizes the treatment plant. is required to sign waivers to protest annexation, and consent to withdraw from a rural fire district. He said the Evergreen Water District acknowledged that the next day with a letter to the Council and City. Effort was put forth as to the best way to go about conveying this information to the people in Evergreen, the potential users of the system. He said that required letters to be sent out, not to the users of the water district but the owners of the ground. through the County Assessor's office and determining the owners and developing a letter to them. He said it was very time consuming to get the information from the county. The letter went out the beginning of May. it illustrated to the people what was required of anybody that was going to hook on to the sewer system. He said there was a public meeting and represented the same thing, talking about the sewer system, the reason why Evergreen needs to utilize the Kalispell Treatment Plant, because of cost effective and cost efficient. for not only Evergreen but Kalispell as well. He stated both in the letter and discussions we have had, we have remained neutral. just passed on to the people what Kalispell has identified as their policy for treating sewage outside the Evergreen area. It was felt that the letter was the first stage. Letters were mailed to approximately 1600 tracks of property. with response cards enclosed. so it would be known who would sign waivers and who wouldn't and to address their concerns. He said 664 had been received back. which represent 42% of the 1600. He reported that 362 said they will sign and 302 said they will not sign. He said what is needed is to find out if Kalispell is wanting 100% of the people to sign, like what is the policy and has always been their policy or 51%? And if it's 51%, then 51% of what area? Councilman Furlong stated the questions being asked by Fallon should be submitted in written form to the Sewer & Water Committee. Mayor Hopkins asked Fallon if he felt comfortable with that. Fallon stated the discussions have been on for a long time, and wanted to know if the motion made on November 20. 1989. was it speaking to 100% of the people signing waivers or was it something less? He said he thought that would be something fairly simple to answer here tonight. Mayor Hopkins said maybe the written letter would be best and a Sewer & Water meeting could be scheduled as soon as possible. Councilman Schindler stated he felt we should help Fallon as best we can and get this rolling. He said it was procrastinating the issue to go back to the committee. Mayor Hopkins stated as maker of the motion. his intent was that everyone that hooked up to the sewer. signed a waiver of protest and annexation. He felt that meant yes, 100% of the people connecting to the sewer would have signed the waiver of protest. He said as his intent. he did not think anyone would be hooked up unless they had signed the waiver. 226 Fallon stated that they also took it that way, even though it was not reflected in the minutes. And that was the purpose of sending out this letter, to see who we could get to start signing up. He said if 100% of the people are required to sign up, and we can only get 23%, we don't feel we can meet that condition. One of the reasons we are back here tonight, is we have done the best we can with the abilities we have to acquire what is required of this City policy. In the past we have identified this city policy as being attributable to private developers or single tracks of ground, that are currently contiguous to the City. We have identified in the past that Evergreen is a completely different situation. Evergreen is part of two facility plans that the City is party of. One is the treatment plant one is the 201 Study, that identifies south Kalispell, Days Acres and Evergreen. Kalispell is part of that facility plan, because Days Acres and south Kalispell were areas to be served by Kalispell. The plans we have talked about to Kalispell about the Evergreen project incorporate all of those areas. It addresses the facility plant 100%, it allows Kalispell to have the areas of Days Acres and south Kalispell to be treated more efficiently at some time in the future. Evergreen has stated that we will allow those to be service areas of Kalispell and not service areas of the Evergreen Sewer District. Those would be areas we would not have any party to. It would contractually written that those belong to Kalispell. We have also illustrated that we can come right to the treatment plant, which no other entity has the ability to do at this time. We have also identified the ability to share and share alike on the cost of the treatment plant and the tremendous revenue the city could benefit from Evergreen hooking on. That revenue has the ability to minimize the rise in sewer rates that the city will have to incur here. He said there may need to be sewer rate increase for 12 -18 months before Kalispell comes on, but after that point in time, Kalispell has the ability to reduce the sewer rates to the Kalispell users. He said he did not think there was any other area around Kalispell to provide that kind of opportunity to Kalispell city and to the users. He said the Evergreen community has been working on this for a long time. They have held elections and now doing it before the money runs out, and it would be nice to take more time and work things out if it were possible to work things out more, but time is very much of the essence. We just do not have much time left before we lose our grant. He said we are trying to make things work, we've tried to address the City policy, with the best efforts we have and we have not been able to come to a conclusion with them. He said our best offer right now would be to accept what we have and see what you can do with it. He said a map was shown to the Sewer & Water Committee, showing the areas willing and not to sign waivers. He said looking at the map there are pockets that will work out and some that won't. What we have as our best effort is to accept that as it is, even though it only meets 23% of your condition of 100% annexation. He added the district is going to pay back their share on an RSID. (Rural Special Improvement District) RSID, which is a tax based oriented refund, cannot have refused hookups to anybody that is paying taxes, which is in direct conflict with the requirement of annexation. So on one hand, not enough people saying they will take care of the city conditions and the other hand we have a financial plan that doesn't require us to have people to sign waivers of protest annexation and consent to withdraw from a rural fire district. Those are governed by EPA laws and those are the way they are working. He summarized by saying they have made they best effort as to what they can do, they have talked to people by radio, newspaper and television, public meetings, telephone. We feel we can offer Kalispell a tremendous amount of benefit, for allowing us to hook on. He said what we have done to the city and take that and see how that can be worked out or the other option is to maybe separate the annexation from sewer treatment and let's proceed with a mutual agreement that way. He thanked the council. Councilman Granmo said his feelings were that if we have access to annex 100% of every means of which we arrive at that, the mechanics of the RSID and the book of requirements of the district to everyone who is taxed under the RSID, makes it very difficult for them to get the 100%. He said 51% of the track owners would give the city the opportunity to annex the entire district without running conflict with this requirement they have with this RSID. He said if they have adequate signatures to guarantee that the entire district could- be annexed, if the city so desired, that should be adequate protection for the city. Councilman Atkinson asked Fallon through the RSID that you are not allowed to ask for a waiver of protest? He asked if that would preclude the city's request for the waiver of protest? 227 Fallon said an RSID does not say that we cannot ask for a waiver of protest. An RSID, because the owner is paying taxes for a structure, he has an undeniable right for that structure without any restrictions. City Attorney Neier said it just cannot be a condition to proceed. It cannot be imposed after the line has been installed and taxes are starting to be paid to pay off the RSID. That sort of a condition cannot be used as a condition precedent to gain access to the system. The condition could have been taken care of before the RSID. Neier stated that under the law, Granmo is correct, in that if 51% of the residents freeholder electors in Evergreen or in the area of the RSID would consent to the annexation, then the city of Kalispell could annex that entire RSID area. So that would be a sufficient number if 51% of the resident freeholder electors in that area did consent. You would need 51% of the owners of the property and 51% of the property, and then you could annex the entire area. Councilman Furlong asked if you had 51% of the current residents and 51% of the property owners as of an agreement of 1990 and part of that agreement is that there will be no annexation for at least 10 years, at the end of that 10 years if the city of Kalispell exercises its right to annex, at that point in time, will you still need 51% of the residents? Neier stated in order to have the 51%, you would have to have 51% of the resident freeholder electors, those who own property in the area. And you would have to have 51% of the area. Because each one of those consents would be recorded against the specific description of land in the Evergreen area. (Area of the RSID) Councilman Larson asked for the area of the RSID and the area of the Sewer District to be clarified. Fallon stated the boundaries of the Water District and the boundaries of the Sewer District don't exactly coincide. He said for about 75% of the boundaries it does, but there are certain segments that don't directly correspond. That doesn't mean at some future point in time, the boundaries won't expand, but the RSID will always remain fixed. The sewer boundaries could expand outside of the RSID. Larson said if we are talking about 51% of the people within the RSID being able to approve an RSID, then we are talking about 51% of the people in the sewer district. He asked if that was different than 51% of the people of Evergreen? He asked Hopkins if his intent was 100% of the sewer district. Hopkins said he thought this issue being addressed now is different than the intent of the motion. The intent of the motion was that who ever hooks on to the city sewer system, ultimately uses the city sewer plant, must sign the waiver of protest of annexation. He said the policy exists that whenever anybody comes in to use the city sewer system, that they must sign a waiver. Whatever conditions or difficulties exist beyond that one condition, is not the City's concern. All that we wanted to see was the signing of the waivers, before hooking onto the sewer plant. Furlong said he thought the intent of the council at that time was that if Evergreen is severed, the city must have an unapproachable and an unarguable right at the end of ten years to choose to annex Evergreen or anyone using the sewer, if it so chose. He said he felt Fallon should present all this to the Sewer & Water Committee and ask questions. Furlong moved that any further discussion of the Evergreen Sewer proposal be returned to the Sewer & Water Committee for their study and recommendation to the council. The motion died due to lack of a second. Nystul said the issue has been raised if he has a conflict of interest since he is the auditor and has been engaged on a one year contract to be auditor for the Evergreen Water & Sewer District. Neier stated at this point in time, Nystul has revealed this potential conflict, and did not know if it would be proper for him to vote. Nystul said he did not have a contract at this time for any work. Neier said he did not think that would preclude him. Nystul stated by the response of the survey at the present time, 100% obviously is not going to take place. So if the council wants 100% waivers obtained, then let's know that tonight and act accordingly. Possibly a motion could be made so we can arrive at what our intent is, as far as time frame, percentage, or sequence of events. That would move the process along. Councilman Gunnerson said that if the annexation issue is the only thing we are talking about, he has no problem with the 51%. He said he hoped the city is not considering any financial obligation, whether from Evergreen or raising sewer rates in Kalispell. He we have not started discussing any rates and those rates need to be established before Evergreen decides if they are going to hook on. Tom Flynn stated Evergreen has had discussion pointing out the benefits to the the city, at the same time they have proposed the city ignore it's established rate procedures, requirement of payment of hook up fees and the longstanding requirement of annexation. Now with the 51% approval, they are throwing themselves the the mercy of the council. He said this is to save Kalispell money, but according to the city accountant, the rates will need to go up about 25% in order to pay for the bonds for the new sewer plant. He said the council is not just voting yes or no on this but it is something that the City of Kalispell, will have to live with. The requirement for annexation waivers must stand if Kalispell is ever going to fulfill it's promise as a City. Councilman Granmo moved to repeal the action caused by the prior motion that 100% of the waivers of protest of annexation be signed. Councilman Schindler seconded the motion. Furlong strenuously objected to the motion. He said before we start repealing, we should hear from the people we represent. Schindler spoke in favor of the motion. He said this needs to go back to the committee and they want direction from this council. Mayor Hopkins suggested this motion be postponed until a time when the council can schedule a public meeting and reconsider this motion. Granmo called for the question. The Mayor said the motion was the discussion of waiver of protest of annexation be a non-negotiable item and further discussions with Evergreen Sewer & Water District, with an amendment to include consent to withdraw from a rural fire district. Upon roll call vote, the motion carried with Moses. Atkinson and Furlong voting against. Granmo moved the city will require waivers of right to protest annexation and consent to withdraw from a rural fire district from 51% of resident freeholders and 51% of the area defined by the proposed RSID, to allow the city to annex any portion or all of Evergreen no sooner than 10 years from today. Schindler seconded the motion. After discussion, Granmo withdrew the motion. Mayor Hopkins remanded the subject back to the Sewer & Water Committee for further discussion and report back to the council. ANNOUNCEMENTS Committee Meetings Bozeman Meeting/Councilmembers, Mayors and Clerks 3/14. 15, & 16/90 Kalispell Development Corp. 3/8/90 10:00 A.M., Outlaw Inn, Colt 45 Room FRED Television Open House-3/9/90 1-7 P.M. Flathead Forest Office 229 ADJOURN The meeting was adjourned at 10:06 P.M. ATTEST: Rojey W. (Ykins. Mayor Amy RoArtson. Acting City Clerk -Treasurer Debbie Liverman, Recording Secretary I I r