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03/27/90 SP City Council MinutesThe CHy of Kalispell Yrapaaled 1692 r �r TalePhorw 14" 752t400 M J P o, OM F160= Box 1997 2iP 599f13•i997 March 26, 1990 8 P E C I A L N E E.T I N G TO THE HONORABLE BOARD OF COUNCILNBNBERS CITY OP KALISPELL, MONTANA COUNCIL MEMBERSS There vill be a Special Meeting of the City Council Tuesday, March 2,'7, 1990 at 6pm in the Conference Room at City Hall for the following purposes To pass a Resolution declaring that no primary election need be held to qualify candidates for the City officials election in 1990. We, the undersigned, members of the City Council, do hereby affirm we have been properly notified of the calling of this Special Neeting.to be held Tuesday, March.27, 1990 at 6pm in the Conference Room at City.ftall and consent to the transaction of the above business and any other business that may properly came before the City Council. ff Rog W. H Pk na. May" r ' ATTEST: Amy H, Robertson, Acting City Clerk GlenYNPtii , City Attorney r Unable to attend _ John F. Gunnereon Gary W' Nyetui Unable to attend Sandy Schindler Barbara Noeae Unable to attend r A- -- -- ------------ Jim C. Atkinson urpli Cranmo -- -r------------___---------- �_—ND A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 6:00 P.M TUESDAY, MARCH 27, 1990 IN THE CONFERENCE ROOM AT CITY HALL. MAYOR HOPKINS PRESIDED. COUNCILMEN GUNNERSON. SCHINDLER AND ATKINSON WERE ABSENT. IN ATTENDANCE WERE COUNCILMEN NYSTUL. MOSES. GRANMO. LARSON AND FURLONG. Noting a quorum. Mayor Hopkins called the meeting to order at 6:00 P.M. The purpose of the meeting was to consider Resolution #3926, a resolution declaring that no primary election need be held to qualify city candidates for the City Officials election in 1990. Councilman Nystul moved the resolution. It was seconded by Councilman Furlong. The resolution passed unanimously upon a roll call vote. ADJOURN With no other business to discuss, Mayor Hopkins adjourned the meeting at 6:05 p.m. f Ro7gA4 W. Hop in Mayor ATTEST: Amy Robe son. Acting City �Cler��—Tre�asurer Approved as presented May 21, 1990 1 1 240~ A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, APRIL 2, 1990; IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HOPKINS 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 March 5, 1990 Approve Claims Councilman Nystul requested the minutes be corrected on Page 215. second paragraph, second line, to read radifications by and the next subject after 1.6 million dollar Sewer Revenue Bond. Page 219. two thirds down page, Furlong said the city must have an unapproachable, and an unarguable right. Nystul moved the minutes be approved with the stated corrections. Councilman Atkinson seconded and the minutes were approved. PUBLIC HEARINGS: PAC Two Mile Addition Annexation Mayor Hopkins opened the public hearing. closed the public hearing. There were no proponents or opponents. He ADDRESSING THE COUNCIL Daniel Melligan, 604 4th Ave. E.. wanted to discuss a new organization, BOARDS(Bad Ordinance Against Riding Down Streets). He said he has two sons that use skateboards. He said he has discovered what has brought this about in meeting with the kids is that the kids know who it is that creates most of the problems, vandalism, and disrespect. He said his group has a handle on the problem the council is trying to address, and would like for the council to give this group three months, before acting on this ordinance to try and police the group themselves. He felt they would be successful. He said the police department has enough to do without having to contend with skateboarders. He said he thought it is a parent issue and with consent they would start immediately and try to create an environment that is both good for the skateboarders and the City of Kalispell. He also asked if the group could come up with the businessmen who would be willing to provide the materials and workers to build a "skate park". if there is any liability for the City of Kalispell that would make it not feasible? He also wanted to know if the City would oppose the building of a park if it were built with private money and if not, where could they do it and how soon could they start? Mayor Hopkins said he thought the Parks Director was looking into such a facility. Tracey Gulledge, 545 2nd Ave. E.. representing BOARDS and the Flathead High School newspaper, the Arrow. She said they would like to propose these kids have a positive environment to skate. Hanna Astle, 696 Leisure Dr., spoke in favor of BOARDS. She said taking away of certain aspect of a certain sport that some individuals is taking away from that individual's rights. She said that is what our country is opposed to. She said we are supposed to building for our own individual aspects and having it work together with society and imposing a ban is not going to work unless we have another positive reinforcement. A negative atmosphere will be created rather than a positive one that we can all live by. She read a quote from Aristotle. Councilman Furlong moved to amend the agenda to place the Public Safety report first on the business items. Gunnerson seconded and the motion carried. Allen Murphy, 335 3rd Ave. E., stated he was concerned about the skateboarders also. He said he felt they do need a park. He said they are a hazard on the sidewalks. He was concerned if a park is built, if the taxpayers would be paying for it. Police Chief Ad Clark. wanted to share that he had wanted to enhance the awareness of our drug abuse efforts, especially the DARE Program, and had expressed this to Jim Lynch. from NuPac. Lynch said he had a few ideas. This week Jim Lynch drove his idea to City Hall. His idea was painting the DARE Program logo on one of his cement trucks, which he has brought tonight. Clark thanked Mr. Lynch for his leadership and putting something back into the community. for helping the Police Department with their DARE Project and helping the youth of our community. 1 1 1 Louis Jenkins, City Wastewater Treatment Plant operator, read a statement from Don Hultgren, one of the Lab Technicians, who was unable to attend tonight. On December 6, 1989. Mayor Ed Kennedy and my immediate supervisor, gave approval to me to take as a Continuing Education Unit course, Microbiology 140 at FVCC. This course met all the CEU policy guidelines in effect at the time established by Mayor Kennedy. Contrary to the statements attributed to the City Attorney, by the Daily Interlake, my degree is not in microbiology, but biology. Further, I have not taken a microbiology class in some fourteen or fifteen years. In the future I would suggest the administration get the facts straight before inferring I was taking a course that would be of no benefit to me or the City. At any rate the microbiology course was taken on my own time. I paid for my own tuition, books and lab fees. Based on our current contract, if I satisfactorily completed the course, I.was to receive $804 compensation for my efforts. I did satisfactorily complete microbiology on March 16, and should have been paid such on March 23. I believe I entered into a contract in good faith with the past mayor and this council. Further, the present mayor was a member of the council that ratified our contract. As this agreement was entered into in 1988, the administration has had ample time to budget for the CEU Program and to properly institute it. It appears to me that the City had no intention of allowing it's employees to use the program, since the City did not become a member or even consult the National CEU Association and offered no course of it's own. The only fair and just solution is to pay those employees who have completed their classes in good faith and thus earned their pay raises. Respectfully Submitted, Don Hultgren Jenkins read his own statement. A statement from the Daily Interlake entitled "Grievance Filed Over City Pay Denial", attributed to City Attorney Glen Neier, says others took computer courses although they do not and probably never will use computers at work. I know the City Attorney has no idea what I do at the Wastewater Treatment Plant. I do use a computer and have for the last three years. In Lotus 1-2-3, which is the course I took, I've written programs for figuring lab computations. Some computations before this required a graph of known readings by hand and then plotting out the actual sample readings. This procedure could take an hour or more and was far less accurate. With my programs, this has been reduced to a minute or two. Other programs for the lab have saved time in not so quite dramatic matters. Also I have written programs to figure pump rpms, motor speeds, pumps, legal limits of pollutants and numerous other things that formally had to be looked up in tables and calculated. The largest share of these programs were created by me.. on my own time, at home on my own computer. The CEU increase that were requested and approved, were actual class times, were very generous on the part of the employees. Beyond the time that is on records earning CEU credits. I will quote from the 1989-90 FVCC catalog. "In addition to class time, the average student may expect two hours of outside work, for each period of lecture or laboratory". So an average for one CEU would not be ten hours, but thirty hours. In conclusion, let me state, that I think the CEU Program handled properly, could be of great benefit to not only the employees of the City, but to the City itself. Helping your employees to keep up with the best technology, can often contribute to reduced expenses and increased productivity. Thank you for your time. Tony Cornell, 1310 1st Ave. W., said he wanted to thank the KPD for a problem awhile back, as far as traffic coming through the green belt on the south end of 1st Ave. West. He said one of the councilmembers took it upon himself and ordered the road block that was put in by Ken Hammer, removed. Which would open up a problem that had taken two years to solve. He said he would like to propose some type of barrier along the road that looked more appealing, but keep the traffic restricted until it is done. He wanted to know who to talk to about this. Mayor Hopkins said it would be referred to the Public Works Committee, and thanked him for bringing it to attention. ANNOUNCEMENTS & APPOINTMENTS Promotion of Officer Roger Krauss to Sergeant, Police Department Mayor Hopkins read a letter from Chief Clark respectfully requesting Officer Roger Krauss be promoted to Sergeant and requested the council approve this promotion. 4 242 Councilman Furlong so moved the approval. Nystul seconded and the motion carried unanimously.. Mayor Hopkins and Chief Clark placed his bars, congratulated him and he was applauded. MAYOR'S REPORTS: Appoint Duane Larson Chairman Safety Committee Mayor Hopkins announced the appointment of Duane Larson as Chairman of the Safety Committee due to the resignation of Councilman Schindler. Appoint Clerk/Treasurer Mayor Hopkins recommended the appointment of Amy Robertson as Clerk -Treasurer at Step 1, Grade 18 for contract to last one year, expiring April 1, 1991. Hopkins asked for confirmation of this appointment. Furlong so moved and Nystul seconded. The motion carried unanimously. COMMITTEE REPORTS: PUBLIC SAFETY/PARKING/GAMBLING First Reading Skateboard Ordinance-#1146 Councilman Larson moved the First Reading of Ordinance #1146. an ordinance prohibiting the use of skateboards, roller blades, roller skates, coasters, or scooters upon certain public right of ways in certain areas of the City of Kalispell and private property where signed. Providing a penalty for violation and providing an effective date. Nystul seconded the motion. After discussion, Gunnerson moved the motion be tabled until June so further research could be done. Nystul seconded and the motion carried. COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS CDC llth Annual Report Information Councilman Furlong called attention to the CDC llth Annual Report distributed to all councilpersons. He said this report was for information only. Flathead High School Traffic Study Councilman Furlong moved the authorization of Clete Daley Associates for the purpose of conducting a traffic study in and around the high school area, having to do with potential parking and traffic flow problems in that area. The estimated cost will be $4,946. Atkinson seconded and the motion carried. FINANCE/PERSONNEL & POLICY/INSURANCE Computer Acquisition Councilman Nystul explained the hand out concerning computer acquisition. He said the City Attorney has not been able to review this and will anticipate movement on this at the next meeting. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Resolution #3927-PAC Two Mile Addition Annexation Councilman Atkinson moved the adoption of Resolution #3927, the annexation and RA-1 zoning of the Two -Mile PAC addition with two considerations. 1. That the water main be extended to the property in accordance with the City 'of Kalispell construction standards, engineering design and construction costs shall be born by the developer or owner of the property. 2. That all required extentions of utilities be completed or guaranteed for completion prior to the annexation. Furlong seconded and upon roll call vote, the motion carried unanimously. Pool Blanket Councilman Atkinson moved the pool blanket bid be awarded to Industrial Design Manufacturers, in the amount of $12.807.84. Furlong seconded and the motion carried. PUBLIC WORKS/AIR QUALITY/AIRPORT-No Report SEWER & WATER Evergreen Proposal Councilman Granmo reported on March 22. 1990. the committee met and defined the business district as relates to the Evergreen and the motion of the previous council meeting to all property adjoining US 2 and Montana 35 from the city limits to Reserve over the river. On March 26, 1990, the committee met with the Evergreen Water & Sewer District and passed this information to them. He referred to their response received today. The Evergreen Water & Sewer District say they do not feel it is possible for them to comply with this. It would require 296 parcels and would be impossible for them to complete the task by ,Tune lat. which must be done if they are going to get the grants that are available to them. Councilman Atkinson moved the business district be defined as the lots adjoining Hwy 2. from the city limits to East Reserve and from Hwy 2 to Hwy 35 ending at the river. Moses seconded the motion. Gunnerson asked, in reference to Fa1lon15 letter, was the Evergreen Water & Sewer District notified of the 3/22/90 meeting? Granmo said not specifically, that it was posted on the bulletin board. After discussion, the motion failed, with Furlong, Moses and Atkinson voting in favor. Nystul moved the Mayor's recommendation, which is waivers be signed by the owners of at least 51% of the owners including lienholders and sellers of contracts of the lots fronting US 2 and Montana 35 from the viaduct to the intersections of Cottonwood Dr. Granmo seconded the motion. Furlong stated if we act on this tonight, it bypasses the committee system. It has not been presented to the Sewer & Water Committee. He said he opposes it. After discussion, Furlong moved this be remanded to the Sewer & Water Committee and returned to the council with their recommendation. Gunnerson seconded the motion. Moses spoke in favor of the motion. She said the council seems to be stepping back further and further all the time. There seem to be compromises on the compromises and when will it end? Atkinson said the council should _take a good look and that he thought Evergreen Sewer & Water is representing Evergreen Sewer District and not Evergreen. He said this council has kow-towed to Evergreen Water District long enough. He said he thought the council should reconsider all considerations they have made in the last two months. Nystul said he thought it was a discredit to another governmental body to accuse the members of trying to put forth some kind of a project on their own behalf when they are representatives of the people. He said as far as the motion on the floor, it is not going to accomplish anything to send it back to committee,. we have been through this for six months, they will come back. most likely with a similar motion and he did not know what else can be done. He said he thought the motion to remand was unnecessary and the council should see how the main motion flies. Upon roll call vote, the motion passed, with Granmo, Larson and Nystul voting against. Gunnerson said he agreed with Nystul's comments and he was disturbed by some of the comments he has heard tonight. Mayor Hopkins said the waiver is not in proper language and requested the council's permission to authorize a meeting of the City Attorney and Bill Astle. ANNOUNCEMENTS Committee Meetings: 4/4. Wednesday, 8:15 A.M. Insurance Committee 4/21 or 4/28. Saturday, All day workshop 4/4/90, 7:00 P.M. Sewer & Water ADJOURN The meeting adjourned at 9:27 P.M. ATTEST: Amy Robertson, City Clerk -Treasurer Debbie Liverman, Recording Secretary Approved as presented May 21, 1990