09/17/90 City Council Minutes3 0 ")
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30
P.M. MONDAY, SEPTEMBER 17, 1990, IN THE COUNCIL CHAMBERS AT CITY
HALL. COUNCILMAN NYSTUL PRESIDED IN THE ABSENCE OF MAYOR
HOPKINS. ALL COUNCILMEMBERS WERE PRESENT.
Councilman Nystul called the meeting to order and led the Pledge
of Allegiance.
CONSENT AGENDA
Approve Claims
City Official Reports
Treasurer's Report August
Police Chief "
City Judge Is
Building Official It
Councilman Atkinson moved the approval of the consent agenda.
Granmo seconded and the motion carried.
BID OPENING
Fuel Bid
City Service $88,761.93 10% bid bond
Vaicon 98,577.25 10% bid bond
Cenex 73,796.30 10% bid bond
Councilman Atkinson moved the bids be referred to Public Works
Committee and report back to the council. Buck seconded and the
motion carried.
PUBLIC HEARINGS:
Scoreboard Annexation
Nystul opened the public hearing, set to hear the resolution of
intent to annex the territory to the City of Kalispell to be
known as the Scoreboard Addition and to recommend zoning the
said property.
There were no proponents or opponents.
Shepard's Tracts Annexation
Nystul opened the public hearing on the Shepard Annexation.
Proponents
Evelyn Shepard spoke in favor of the annexation.
Opponents
There were no opponents.
Emergency Budget: Health Insurance
Nystul explained this hearing was for the emergency budget for
health insurance in the amount of $7,497.00, for the city for
fiscal year 1990.
There were no proponents or opponents.
ADDRESSING THE COUNCIL: No one addressed the council.
MAYOR'S REPORTS:
Letter from Steve Cervantes
Nystul reported a letter was received from Steve Cervantes,
Community Development Director designate. He said Cervantes has
obtained some firm quotations for moving expenses. He also
proposed starting on 11/5/90 rather than 10/1/90 as previously
discussed.
Atkinson moved the city pay up to $2585.13 to move Mr. Cervantes
to Kalispell. Moses seconded the motion.
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Gunnerson stated this was not in the contract or the
negotiations and spoke against the motion.
Buck agreed with Gunnerson and spoke against the motion.
Furlong moved to amend the motion to include that we want Mr.
Cervantes as near to possible to 10/1/90 and not later than
11/5/90. Larson seconded the motion.
Upon vote, the amendment carried with Gunnerson voting against.
Upon vote, the original motion carried with Gunnerson, Buck and
Grano voting against.
Letter from Whitefish Community Development
Nystul reported a letter dated 8/28/90, was received from the
Whitefish Community Development Department suggesting the council
take some action to submit a resolution expressing our point of
view regarding zoning through out the Flathead and particularly
the zoning along our scenic highways.
Atkinson moved to refer the Park's Committee to have the City
Attorney draft a resolution based on the letter received from
Whitefish Community Development.
Moses seconded the motion. Upon vote, the motion carried
unanimously.
Public Works Position
.Nystul recommended to the council, based upon discussion with
Bruce Williams, the designated individual as the City's first
City Manager, and Mayor Hopkins recommendation, he asked for a
motion to appoint Jerry Hanson as Public Works Director, at a
Grade 18, Step 8, effective this date.
Larson so moved and Atkinson seconded the motion. The motion
carried.
Confirmation of Patrolman Allen Bardwell
Nystul reported he had a letter from Police Chief Clark, dated
9/17/90, addressed to Mayor Hopkins requesting confirmation of
Patrolman Allen Bardwell to the Kalispell Police Department.
Atkinson moved the confirmation. Buck seconded and the motion
carried.
Nystul congratulated Officer Bardwell.
COMMITTEE REPORTS:
COMMUNITY DEVELOPMENT
Community Development Block Grant
Furlong moved the council authorize the Community Development
Department to enter Community Development Block Grant competition
on behalf of the Southwest Kalispell, low to middle, low to
moderate income residents. After reviewing the comments from the
citizenry during the Public Hearing process, the CDD staff's
recommendation is based on the fact that the largest amount of
interest expressed was for housing rehabilitation in this area.
This will be the final step in a total neighborhood
revitalization effort which started the 1.3 million project
providing sewer, upgraded water lines, new streets, curbs and
gutters. Atkinson seconded the motion.
Furlong stated in the motion, it speaks of the public hearing
process. He said there were two public hearings. As a result of
this public hearing process and request by the citizens of the
Southwest District that caused the CDD to specify that particular
area.
Upon vote the motion carried unanimously.
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FINANCE/PERSONNEL & POLICY /INSURANCE
Resolution 3954-EmergencyBudget: Health Insurance
Atkinson moved Resolution 3954, a resolution approving emergency
expenditures in the amount of $7,497.00 to cover the actual cost
of providing health insurance for fiscal year 1990. Buck
seconded the motion.
Upon roll call vote, the motion carried.
Ordinance 1160-Salary Ordinance
Atkinson stated under Exhibit A on Page 2, there are several
salaries that are missing.
Atkinson said it is the recommendation of the committee and so
moved the mayor's salary be $10,800 and individual health
insurance with $100 per month for expenses. Larson seconded the
motion.
Nystul said the reason the discussion is under the provisions of
the council, the question was raised about the legality of
getting compensated for health insurance if they did not choose
the single member health insurance. The city attorney issued an
opinion saying that it was not proper. The issue has come to the
Finance Committee and now the council as to what the wishes are.
The committee meeting discussion was, if there was to be a
difference in the council and the mayor on the insurance issue
and if there is. to be a change in the policy that was adopted in
the motion from 2/5/90.
There was discussion if the mayor should have the same option of
taking the insurance or being compensated if he chooses not to.
Upon vote, the motion was defeated with none in favor.
Atkinson moved that the annual salary of the mayor be placed at
$12,360. Buck seconded the motion.
Furlong spoke against the motion. He said the motion from 2/5/90
to set the mayor's salary at $900 per month carried on a split
vote 4-3. Going from a position of a split vote on the $10,800
salary and suddenly making it $12,360, he will not support the
motion.
Atkinson stated under this vote, he wanted everyone to understand
that the insurance will not be automatic; but the mayor will have
the option to purchase city insurance.
Gunnerson stated he agreed with Furlong. He said it is a choice,
not a compensation issue. He spoke against the motion.
Larson referred to the minutes from 2/5/90. He said he felt we
should stick to the intent of the motion as it was passed 2/5/90.
That we would be reimbursed in cash. It is not an option, it's a
reimbursement of cash, higher salary per month instead of a lower
salary and insurance. He spoke in favor of the motion.
Atkinson spoke in favor of the motion. He said the whole idea
behind this was to speak to the citizenry about how we are going
to afford to pay for a city manager. The city manager salary
- was paid for by our elected officials. The mayor's salary and
insurance was cut in half, the council salary and insurance were
also cut in half. He said in this motion, we are being even
more fiscally responsible. The reason is because at the present
date the single member insurance is $130 per month. If the mayor
and council are compensated at $130 per month this year and
subsequent years. We will realize a monetary savings. He said he
feels comfortable recommending this. We are insuring the
citizenry even more monetary savings that what we originally
suggested.
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Nystul spoke against the motion. He said the compensation of
$900 per month for the mayor, proposed by the council in
February, he voted against it then because he thought it was too
much and now it is being increased greater than what it ought to
be again. He did not feel we are showing any fiscal
responsibility by doing so. If this motion passes and the motion
for the council passes, it will cost the city in excess of
$12,000 additional general fund dollars for -the present fiscal
year. The compensation of the mayor has nothing to do with the
person, but the position that the $900 compared to the $150 for
the council, is adequate compensation. And that we ought to look
at other boards and bureaus that serve without compensation if we
think we are being overpaid.
Larson stated the $12,000 additional general fund is misleading.
That is, true but it will relieve the health insurance fund by
$12,000.
Nystul said he did not feel the insurance savings will be $12,000
because we only have about 3 or 4 participants. He did not feel
the savings would be that great.
Gunnerson stated he would abstain from the vote. He said he has
some mixed feelings about what is being done.
Furlong stated he will also abstain. He felt this is something
the council and the incoming council will need to deal with. He
said the only thing that is changed is that now there is an
opinion from the city attorney.
City Attorney Neier stated it is not a criminal offense but it is
not appropriate.
Upon vote, the motion_ carried, with Gunnerson and Furlong
abstaining and Nystul and Granmo voting against.
Atkinson moved the per annum rate for ccuncilperson be set at
$3,360. Larson seconded the motion.
Atkinson stated this is with the understanding there be no
insurance given to the councilpeople, but could be purchased.
Upon roll call vote, the motion carried unanimously with
Gunnerson and Furlong abstaining.
Granmo stated he hoped this will be reviewed next year. He felt
these salaries, including the mayor's are way out of line.
Nystul agreed with Granmo.
The City Manager salary and Deputy Treasurer will be left blank.
The amount for the Director of Public Works will be $34,39.0
Atkinson moved Ordinance 1160, an ordinance amending Ordinance
No. 1146, 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.R., beginning July 1, 1990; repealing all
other ordinances in conflict therewith. Moses seconded the N
motion.
Nystul stated he did not concur with what has been done.
Upon roll call vote, the motion carried with Nystul voting
against and Gunnerson and Furlong abstaining.
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Buffalo Head Properties
Atkinson moved the city attorney be directed to prepare and the
mayor sign the necessary agreements to obtain title to a lot
owned in Buffalo Head subdivision from Mr. Stan Pine and an
agreement to settle the outstanding SID assessments against the
lot owned by the Baptist Church and further that the previously
selected firm of Glacier Real Estate be given a one year listing
of all city owned lots in Buffalo Head subdivision and the city
lot on Airport. Road to sell on behalf of the city. It being
understood that the real estate firm is to advise the city of the
suggested selling price for each of the lots owned and the city
and the real estate firm shall reach agreement for the rate of
their commission. All actions necessary to give the lots listed
for sale shall be accomplished forthwith. Buck. seconded the
motion.
Rex Boller read a letter from Stan Pine stating he is willing to
convey from his ownership in Lot No. 11 to the city if the SID
charges against the Glacier Baptist Church property are resolved
to the satisfaction of Glacier Baptist Church.
Upon vote, the motion carried unanimously.
Flathead Economic Development Corporation-$2,000 Request
Atkinson reported the Flathead Economic Development Corporation
was given $2,000 last year by the city to maintain their workings
in the valley. It was brought before the committee for a $2,000
donation for this year to further the. good works of the
Corporation. The committee recommends that the city council
appropriate $2,000 from the unappropriated funds to assist the
FEDC in their endeavors. Larson seconded the motion.
Upon vote, the motion carried.
Community Development Vehicle Purchase
Nystul explained that in developing the budget, it was the
feeling of the council that the purchase of vehicles should be
consolidated and go out for bid and instead of buying used
vehicles, that new vehicles be purchased. The allocation for the
Community Development Dept. was for $10,000 and they feel that
they would like to use this to get a used vehicle rather than a
new vehicle.
Susan Moyer said at the time she put the budget together, it was
determined to purchase a new vehicle. She said due to the fact
that two of the three employees in the office are six ft. tall or
more, the department feels they could find a good used vehicle
rather than a new one to fit the staff members.
Granmo said he was against buying any used vehicles. He felt a
new one could be purchased to fit the need, if purchased with the
vehicles needed as a fleet.
There was discussion new vs. used and possible fleet purchase.
Resolution_3955-Budget Transfer, FY 1990
Atkinson moved Resolution 3955, a resolution to approve a
transfer among appropriations within a general classification of
expenditures as adopted by the City of Kalispell budget for 1990
fiscal year. Moses seconded the motion.
Upon roll call vote, the motion carried.
PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION
Resolution 3956-Shepard's Tracts Subdivision
Atkinson moved Resolution 3956, 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 Lot 1, Block 11, High School Addition, Flathead
County, Montana, to' be known as Shepard's Addition No 237; to
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zone said property residential, R-4, to amend the city zoning map
accordingly and to declare an effective date. Moses seconded the
motion.
Upon roll call vote, the motion carried.
Resolution 3957-Approve Preliminary -Plat She and°s Tracts
Annexation
Atkinson moved Resolution 3957, a resolution conditionally
approving the preliminary plat of Shepard's Tracts, amended plat
of a portion of Lot 1, Block 11, High School Addition to
Kalispell, located the NE 1/4 SW 1/4 of Section 18, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana. Moses
seconded the motion.
Upon roll call vote, the motion carried.
Resolution 3958--Scoreboard Addition Annexation
Atkinson moved Resolution 3958, 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 Lots 14, 15 and 16, Block 3, Phillips Addition,
Flathead County, Montana, to be known as Scoreboard Addition No.
212; to zone said property Neighborhood Business, B-1, to amend
the city zoning map accordingly and to declare an effective date.
Moses seconded the motion.
City Attorney Meier stated condition No. 4 should not be in the
resolution.
Upon roll call vote, the motion carried.
PUBLIC SAFETY/PARKING/GAMBLING
Recommendation on .City JudgelPolice Dept. Computer Bid
Larson stated the committee recommends the bid be awarded to
Mountain Computers, which was the low bid, among other reasons.
He so moved the city accept Mountain Computers bid. Buck
seconded and the motion carried.
PUBLIC WORKS/AIR QUALITY/AIRPORT
Resolution 3959-Street Striping Agreement
Moses moved Resolution 3959, a resolution to provide for the
paint striping of certain streets. Atkinson seconded the motion.
Upon roll call vote,the motion.carried.
Bid Awards
Montana St. Chip Seal
Moses reported the Montana Street Chip Seal was awarded to A-1
Paving. The project is now complete.
2nd Street West Curb & Gutter
Moses stated the 2nd Street West Curb & Gutter was awarded to
Marriott Construction.
SEWER & WATER
Recommendation on Bid Award -Purdy -Remick
Granmo moved upon committee recommendation, the bid for the
Purdy -Remick Sewer project be awarded to the low bidder, LHC.
Moses seconded the motion and the motion carried with Furlong
voting against.
Call for ]Proposals to Select Enaineer, Reulacement Water Main
Sykes Project
Granmo moved to authorize the staff to call for proposals for
engineering for replacement of water mains in the Sykes project.
Buck seconded the motion. The motion carried,
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ANNOUNCEMENTS
Committee Meetings
Public Works,'Wednesday, 9/19, 7:00 a.m.
Parks, Public Lands/Annexation/Zoning/Building Reg., Tuesday
9/25, 7:00 a.m
Sewer & Water, Thursday, 9/27, 7:00 a.m.
Finance/Personnel & Policy, 10/1, 8:15 a.m.
City Council Meeting-10/1 10:00 a.m.
City Council Workshop--10/1 7:00 p.m.
ADJOURN: The meeting was adjourned at 9:10 p.m.
ATTEST:
y H. Wobertson, Clerk -Treasurer
Debbie Liverman, Clerk of Council
Approved as presented October 1, 1990
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