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09/17/90 City Council Minutes3 0 ") 309 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. 010 310 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. 3 1 311 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. 312 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. 3 t `3 313 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 314 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, s31_5 315 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 1