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05/07/90 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MAY 7, 1990, IN THE COUNCIL CHAMBERS AT CITY HALL. COUNCILMAN -FURLONG PRESIDED. COUNCILMEN NYSTUL AND BUCK WERE ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Councilman Furlong called the meeting to order and led the Pledge of Allegiance. Councilman Furlong stated Mayor Hopkins asked for him to apologize for him. He had a family bereavement and was unable to attend tonight. CONSENT AGENDA Approve Claims Furlong stated due to a family bereavement of the Recording Secretary, and a breakdown of the computer, there are no minutes to approve tonight. Councilman Atkinson moved passage of the consent agenda. Councilman Granmo seconded and the agenda was approved. ADDRESS COUNCIL Marshall Murray: Transition Advisory Committee Marshall Murray, representing the Ordinance Transition Sub Committee, advised as of April 30. 1990, 110 applications have been received for the City Manager position. In the immediate future a committee of three individuals will begin going over the applications. Murray referred to a report he had prepared and distributed, in reference to a draft plan that was submitted to the committee. The draft was finalized except for the location on the proposed chart of the Community Development Department. He said there was considerable lobbying on that issue. He said that decision was deferred to the council. He read a couple of paragraphs from the Montana Constitutional Convention Studies on local government, prepared by the commission in advance of the deliberations the Mayor and himself took part in. He deliberations, with respect to said so that what the council is about to undertake in this new form of government, is not new in the state of Montana. He stated the committee is pleased that the selection process is going so well. Kalispell Police Association Officer Garner representing President of the Kalispell Police Association, said he had been directed by the members of the association to address the council. He read a letter drafted by the association towards the management in their department. The letter referred to many words of praise and pats on the back they have received, for a job well done, from various sources. They felt they would be remiss if they did not share why these high levels have been reached and maintained. He said slot of the credit should go to the management team, namely Chief Ad Clark, Assistant Chief Don Hossack and Lieutenant Ron Young. He said due to the good team work, the department has developed a reputation around the the state as the best. The department feels very fortunate to have these three individuals as examples to follow. He thanked Clark, Hossack and Young. They were applauded. Mike Strand, 1880 Hwy 93 S., stated he was speaking for Mike Stockhill. He said Stockhill has moved to Seattle and closed Stockhill Aviation. Stockhill would like to make application for a zoning change for his business, from public to light industrial. He would like to have this referred to the Parks Department and returned in a timely fashion, so that he can have the deed limitations removed. Dary Averill, Bigfork, stated he is interested in Stockhill Aviation for building furniture for a design center in Los Angeles. The furniture is sold out of state, so the money comes into Montana. His group has outgrown the present shop and looking for a bigger one for manufacturing. Dan Nelson, 358 Ponderosa St., spoke against the proposed pornography zoning ordinance, that will be addressed in the near future. He is with the Citizens against Pornography and offered any assistance to any action to be taken. Richard Birmingham, 202 Park Dr., stated he wished the council would make some regulations and put them in place, that would do away with places such as Shades of Blue. Michelle Colletto, 570 5th Ave. WN, spoke in favor of an ordinance against pornography. She also spoke against extending the gambling hours. Bill Colletto, 570 5th Ave. WN. read an article from the Missoulian on extending hours on gambling and said he disagrees with it. Mr. Hamill, 505 7th Ave. W.. asked if the City Manager is put in place and it is decided to get rid of him, how will that be done? Furlong explained the manager will serve at the pleasure of the council. PUBLIC HEARINGS: Proposed Sewer Rate Increase City Clerk Robertson explained the proposed sewer rate increase is so that the City can sell bonds to have a cash flow.coverage we need for the bond agent for the purchase and construction of the wastewater treatment plant. She said the bond issue will be for 1.8 million dollars. 1.6 for construction and $200,000.00 for bond reserve required by the bond agent. Twenty percent rate increase will "allow us to have the cash flow requirement of 1.25 percent. which is what the bond agent requires. She said this is an EPA mandated project. EPA will be contributing 5.8 million for construction of the treatment plant. The rates will increase from $1.57 to $1.88 per thousand gallons, which is approximately $12.00 per year. Proponents Bill Colletto. 570 5th Ave. WN, said since this is EPA mandated. the rate increase is fine with him. but he would like to see it removed once the construction is paid for. Tom Flynn, 747 3rd Ave. W.. stated he did understand the 20% increase. He asked if Evergreen is connected to the system and the revenues they have suggested are generated, may the Kalispell users be assured the sewer charges will be reduced because of the increased revenue? Councilman Granmo said a guarantee at this point would be premature. It will be addressed at the time the Evergreen sewage, if and when. it comes to the Kalispell Treatment Plant for disposal. There were no opponents. A letter was read from Mark & Patricia Bratz stating the increase may be reasonable and justified, but that the current minimums are unfair and not good environmental practices. Councilman Furlong stated this public hearing will be carried over to May 21. 1990. ANNOUNCEMENTS & APPOINTMENTS: Confirmation of Gene Holliday as Patrolman. Kalispell Police Department Councilman Furlong read a letter from Chief Clark requesting confirmation of Gene Holliday as Patrolman. Councilman Larson so moved the confirmation and Councilman Atkinson seconded the motion. The confirmation was approved unanimously. MAYOR'S REPORTS Street Closure: First Street West. May 19th Councilman Furlong stated there had been a request for closure of First Street West on May 19th. Nancy Warnecke, 131 Main. Insty Prints, explained the request was for a Canadian Days celebration with food booths etc. sponsored by downtown businesses. Councilman Granmo moved the street closure. Councilman Gunnerson seconded and the motion carried. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT, PUBLIC BUILDINGS Request Authorization to go to Bid for Awnings: City Hall Exterior Councilman Furlong moved to authorize bids for awnings for the City Hall Exterior. Councilwoman Moses seconded and the motion carried. Request Authorization for North Valley Erection to install Fire Dept. "Cat Walk" System Furlong so moved authorization for North Valley Erection to install Fire Department "Cat Walk" System. Larson seconded and the motion carried. 251 Request Authorization for Clete Daley to Conduct Traffic Study for Glacier Park Plaza /Griffin Field Project Area Furlong so moved authorization for Clete Daley to Conduct Traffic Study for Glacier Park Plaza/Griffin Field Project Area. Atkinson seconded the motion. After some discussion, the motion carried with Gunnerson voting against. Request Authorization for Roger Jacobson to Update Downtown FVCC Buildings Appraisal Furlong so moved authorization for Roger Jacobson to update downtown FVCC buildings for appraisal. Larson seconded the motion. After discussion, the motion carried with Atkinson voting against. FINANCE/PERSONNEL & POLICY/INSURANCE Ordinance 1147--Salary Ordinance -Second Reading Councilman Atkinson moved Ordinance 1147, an ordinance amending Ordinance 1143, fixing the limits of the salary and compensation of the City officials, Supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning July 1, 1989; repealing all other ordinances in conflict therewith. Councilman Larson seconded and upon roll call vote the ordinance passed unanimously. Purchase of Computer System Councilman Atkinson stated one bid was received from IBM on the computer system. By committee recommendation, he so moved the bid award to IBM, with the exception of a personal printer to be from Texas Instrument for the purpose of the water bills. Councilwoman Moses seconded and the motion carried. Resolution 3931-Intercap Program: Purchase of Computer System Councilman moved resolution 3931, a resolution relating to the Board of Investments' Intercap Program; approving and authorizing participation therein and approving the commitment agreement. Councilman Larson seconded the motion. City Clerk Robertson explained the resolution is to authorize the City to go through the Board of Investments to finance the computer rather than the IBM. Upon roll call vote, the motion carried unanimously. Firefighter's Contract Furlong reported negotiations have been concluded with the Firefighter's Union. The agreement has been almost unanimously endorsed, He recommended acceptance of the contract. Councilman Atkinson moved the passage of the Firefighter's contract as presented. Furlong seconded and the motion carried. 1989 Financial Report Atkinson reported the 1989 financial statements are completed and available. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION City Attorney Requests Ordinance for Adult Book Stores Furlong stated City Attorney Neier has requested authorization to begin working on an ordinance on zoning concerning adult book stores. City Attorney Neier said the question of pornography has again come up. He has researched and asked Flathead Regional Development to research into the possibility of enacting an ordinance which has to do with zoning adult book stores in a specific zone in the City of Kalispell. He said he would like authorization and will present an interim ordinance at the next meeting with approval. After discussion, Councilman Atkinson moved the council direct the City Attorney in conjunction with Citizens Against Pornography to design an ordinance which will eliminate pornography from the City of Kalispell and present the document to the Public Safety Committee for consideration by the Council at the 2nd meeting in June. Councilman Larson seconded the motion. After more discussion, the motion carried unanimously. 252 PUBLIC SAFETY/PARKING/GAMBLING Ordinance 1148-First-Reading-Ordinance to Prohibit Trucks from Operating on Certain Streets Councilman Larson moved Ordinance 1148. an ordinance amending Ordinances 741 and 907, (Section 17--48.2 Kalispell City Code) by prohibiting trucks with a gross limit of over 12,000 lbs. from operating upon certain streets within the City of Kalispell, providing a penalty for violation, and providing an effective date. Atkinson seconded the motion. There was discussion concerning the businesses affected. Upon roll call vote, the motion carried with Furlong voting against. PUBLIC WORKS/AIR QUALITY/AIRPORT Councilwoman Moses reminded of the recent Public Works Convention held in Kalispell and she commended Susan Steinberg, Todd Sampson and the Public Works staff for all the hard work and effort put into it, as it was a success. SEWER & WATER Call for Bids to Construct Sewer Line at Purdy/Remick Councilman Granmo so moved authorization to call for bids to construct sewer line at Purdy/Remick. Atkinson seconded the motion. After discussion, the motion failed with Granmo voting in favor. Request Proposals from Professional Engineers to Develop Computer Model and Software for City High Pressure Zone Councilman Granmo, with committee recommendation, moved authorization to request proposals from professional engineers to develop a computer model and software for the City's high pressure water system. Atkinson seconded and the motion carried. Call for Bids for 8 Blocks of Water Main Materials Councilman Granmo moved authorization to call for bids for 8 blocks of water main materials. Gunnerson seconded and the motion carried. ANNOUNCEMENTS Councilman Furlong will be absent 5/21/90. Committee Meetings Parks-5/11/90 7:00 A.M. ADJOURN The meeting was adjourned at 10:23 P.M. -e�t �1 Roge . Hopks, Mayor ATTEST: K � Z, z � �,, - Z-, Amy Ro rtson, City Clerk --Treasurer Debbie Liverman, Recording Secretary Approved as presented May 21, 1990