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06/19/78 City Council Minutes897 THE REGULAR MEETING OF TEE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, JUNE 19, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. ..#,ONO n 1 Councilman Daley moved that the minutes of the regular meeting of June 5, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. OFFICIALS REPORTS City Clerk and City Treasurer for April 1978. City Judge, Police Chief and Director of Public Works for May. Councilman Grainger moved that the city officials reports be accepted as presented. Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Ted Mullenix requested a variance for building a triplex at 831 6th Ave. West. The request is necessary because a triplex on the adjoining lot encroaches 6' on this lot. The triplex will cost approximately $45,000, consist of 1663 sq ft of living area and contain (3) 1 bedroom apartments. Building Inspector Shoemaker stated that he had refused to issue a building permit because of the off—street parking requirement, but realizing the need for housing had recommended that Mr. Mullenix ask the council for a variance. Councilman Saverud moved to refer the request to the annexation committee to report back at the July 3rd meeting. Seconded by Councilman O'Boyle. Motion carried. Councilman Williams addressed the council as follows: Your Honor, I would like to address the council on a matter, at this time, if I may. No one had any illusions when we came to this body that it would be an easy job. When the public trust is at stake we face decisions that very well involves the loss of ' friendship simply because the continued welfare of the public is far more important. In the final analysis we all must realize that if our difficult decisions must be reached by weighing friendships against our conception of the public good, then by reason of our positions our public conscience must lead us to the conclusion that as long as we are elected to serve the public to preserve and protect their interests our friendships become secondary to the good of the community. To this end we must all become cognizant of the fact, that if we as a body governed by inactions, indecisivness or silence, then it is the citizens of this community who ultimately suffer. By the very silence of this body, we who are elected to serve as a fulcrum for city government allow it to function in less than a satisfactory manner. When I joined this body 3 years ago, I became immediately aware of morale problems within the Kalispell Police force. While the morale has not improved over the past year, I think it is significant to note, that the shift— ing of morale some 3 years ago because of what appeared to be a lack of administrative direction by the Chief of Police, after repeated scrutiny, continued investigation, by monthly outings with the force for over 2 years, I have come to the conclusion that the public interest would best be served by the early retirement or resignation of the Chief of Police. I base this conclusion on the following reasons: 1) The Chief has openly and candidly stated marry times that he has attemped to administer this department as a friend. But friendship has interfered in the proper administration of that department and the chief recognizes this fact. I don't believe that the Chief can now substantially recover his position of leadership in that department to properly administer his subordinates. 2) The Chief was well informed of our city ordinance regarding residency requirements, when that ordinance was adopted almost 3 years ago. It states, in short, that the ' supervisor of his respective department first approves a change in residence from within the City to outside the City and then in turn submits this change to the council for approval. Yet a number of officers have moved outside the City with no explanation being given or requests asked for by the Chief of Police to this body, as the stated procedure in the ordinance. 3) The Council has provided to all departments a medical policy that is consistant with the public interest in keeping the best physically qualified personnel on the job, yet to no one in the police department has stress tests been administered. An integral and necessary part of the physical qualifieations program of this department has been over looked. 4) In the Chiefs position lies the responsibility for maintaining manpower and offering promotions to qualified candidates, yet the only obvious qualification for promotion remains fixed to an antiquated seniority system and the structure of that department now t998 gives us more officers than we now have as patrolmen. Over 50% of the force now sits in administrative positions. 5) Sure no one here will forget the acceptance by the Chief of 2 police cars which were not to bid specifications and when delivered spent nearly more time in the dealers garage attempting to bring them to specifications by modification than on the street in their first few weeks of operation. Nor could anyone in this body forget the selling job done on the need for the van purchased by the City for the force, and following the purchase the amount of usage for the van weighed against the economic practicality, seriously question the reasoning behind the purchase in the first place. 6) Since more recently the purchase of seat separator screens for the 2 newest cars ' in the vicinity of $300.00 versus the same design that could have been obtained for $60.00. The use of regular gas in unleaded cars. The failure to keep needed supplies on hand for proper booking and identification of violators of the law, whereby forc— ing the City Attorney to dismiss charges. 7) The apparent failure to review any of the logs to insure that Lawrence Park in one example is locked at the prescribed time schedule as posted. This by the way has not been done according to residents of the area and by personal observations for nearly a year and hundreds of thousands of dollars of city property was virtually unguarded. 8) And finally the seemingly indiscriminate shift changes that seem to have in some instances prevented continuity in the thorough and proper investigation of complaints. There are many reasons other than those listed but the specificity of these instances involve direct public involvement in testimony which I feel to be unwarranted at this time. I believe that the least we as a council or our Chief of Police can do is schedule an immediate meeting to review the practices in that department and to set up a time frame for the orderly transition of that department to an interim Chief of Police. Chief McDowell by his very personality and by his own public conscience should be able to see that his continued presence in that department will not improve his own ability to administer or to lead. His personable character has made this an extremely difficult decision and difficult position for me to assume. It is never easy to see a friend retire or step down but we have above all divorce ourselves from friendship and think of the public good. After weighing the information I believe that I am acting in the '. best interest of my public and for that department in calling for Chief McDowells early retirement or resignation as Chief of the Kalispell Police Department. Mayor Happ: "Thank you. Would you provide copies of that to the rest of the council?" Councilman Williams: "Certainly" Mayor Happ: This is a kind of a shock to all of us Dale. I certainly did not anticipate such a motion. Any discussion? Mac, I think it is only fair to give you a chance if you want to say anything or answer anything. Chief McDowell: "I think this is underhanded. And, I think there is a little push going on which I have heard out here on the street. And, I have done a good job for the community. I run my department real good — I have had a lot of interference. I think at this time I want to say one thing — I am going to ask for a hearing and go for the whole ball of wax. I have put 20 years in this department and I am not going to let someone sit down and do this in public, without first coming in and talking to me and I think this is underhanded, very underhanded. And you call yourself a good councilman. That's alright Dale. There are a lot of things that people should know, but I think this is very underhanded. Not once, did you ever come to my office, not once, did you ever put anything in writing, or put your name to it. The only time that you can ever do anything is when you think you have an audience or something like this. I think you are being very vindictive. And, I want to tell you one thing I want to go all the way and we will find out. Because, I owe the community here in Kalispell an awful lot. They put a lot in me for education and I have done a good job for them and half the stuff you read off here, you can go back over and it is some of the fault of the council the way it was. And, as far as the people living outside of town, you people signed a contract that theme is 'no residency' requirements. You say one thing and then you do another; and you have the audacity to sit there and say that about me. Well, Mr. Williams, I am just going to stick around to see how she turns out. This is the way I feel because I owe a sense of responsibility to my community and to my people in my department and this is just the way I feel. And, I think that I have not in my 20 years, ever, in this department ever let anyone down in my community or my men. And, I will tell you right now that I never have and never will. To pull something like this, I hope you are proud of yourself. Councilman Williams: .I think it would be appropriate if the Mayor or the Council would at the earliest convenience of the council meet with the Chief of Police and try to 1v`�7 8`?y iron out the problems mentioned. Mayor Rapp: Thank you. Does any of the council have any comments they want in the minutes?" Councilman Daley: I think this has gone too far for us and should be heard by the police commission. COMMITTEE REPORTS CITY DEVELOPMENT Councilman Grainger reported that this committee will be meeting with the Hockaday Art Center Board concerning their request for ownership of the property they occupy. EMPLOYMENT COMMITTEE Councilman Grainger reported that Jerry Thane, Wage Negotiator, from Missoula has been hired by the City. He has met with the Kalispell Police Protective Association and will be meeting with the other two unions. SEWER & WATER Councilman Granmo called on Director of Public Works Kain to report on the EDA Storm Sewer Project and on the progress of the water well. Kain reported the storm sewer project is 27% completed. The water well is 385' down with an 8" casing. When they get to 470' they will use a 16" casing. The new roof at Noffainger Spring has been completed. A request from Thomas, Dean & Hoskins to request a grant from the Montana Department of Natural Resources and Conservation for storm sewer outfalls at let and 7th Avenues West will be discussed at a sewer and water committee meeting at noon on Wednesday the 21st. Director of Public Works Kain reported that he has investigated complaints about city dumping at the end of East California Street. He found some sofa cushions and metal that someone besides the City had dumped at the site. The City dumps only leaves and grass cuttings. However, as of June 14th there will be no more dumping at this site and all garbage will be hauled to the landfill. Councilman Daley moved that a complaint that battery acid was being dumped in the Forest Products mill pond be referred to the County Health Board. Seconded by Councilman Allen. Motion carried. HEALTH & SANITATION Councilman Saverud had no report. SAFETY Councilman O'Boyle had no report. PARKS & RECREATION Councilman Daley reported on the womens softball tournament which involved about 400 women and the mens softball tournament which involved about 600 men. This should have brought extra revenue to the merchants. Councilman Daley reported that the tourist center at Lions Park is open. Councilman Daley reviewed the plans for Lawrence Park which include exercise programs, fishing pond, amphitheater, rest rooms, small play area, community games area, large shelter for picnics and possibly a ski trail. Funds may be available in 1979-8o from the Department of Natural Resources and Conservation. Councilman Daley moved that Thomas, Dean & Hoskins prepare an application for a grant for Lawrence Park. Seconded by Council- man Allen. Motion carried. Councilman Daley, speaking as council president, asked councilmen to improve their communications with Mayor Happ. Councilmen have written directly to department heads or outside the City without even a copy to the Mayor's desk. He recommended that all future letters, committee reports or any business that will be brought up at a council meeting go through the proper channel mhich is Mayor Rapp. 330 Councilman Daley asked Recreation Director Huz Jensen to report on the summer recreation program. Mr. Jensen reported the following activities available to all age persons: Swimming and swimming lessons, volley ball, badminton, tether ball, horseshoes, golf lessons, pantomine classes, leather craft, weight lifting, a workout trail which provides walking, jogging and running, tennis fishing, fly tying, canoeing, football fundamentals, and tournaments for some of the sport*entioned. Mr. Jensen stated that this was his last year as recreation director. He has had the position for 9 years and it is time consuming as he teaches the remainder of the year and allows him no vacation. STREET & ALLEY Councilman Allen reported that the bid for asphalt was awarded to American Asphalt, Inc. for the price of $11.54 per ton. Councilman Allen reported on the meeting June 6th of the On —Going Traffic meeting. At this meeting the Technical Advisory Committee (TAC) was formed, with Tom Barnard, Highway Department, as president and Pat Ramsey as secretary. Councilman Allen reported that it will be 3 to 6 months before Harp Construction has the material for installing the traffic light at South Main & llth St. He has inquired about a temporary light and found that a temporary light can be installed at a cost to the City of $475.00. He highly recommended that this be done because of the serious traffic problems at Rosaeurs and Airport Road. it Councilman Allen moved that the City Council authorize the installation of a temporary traffic light at South Main & llth St. at a cost of $475.00 to be paid from the 1978-79 traffic light budget. Seconded by Councilman Daley. Motion carried. Councilman Allen reported that the by—laws of TAC provide that the Mayor appoint a citizen from the City and the Commissioners appoint a citizen from the County as members of the committee. Priorities for future street work listed by Director of Public Works gain are as follows (not necessarily in order): 1) Reconstruct Idaho Street from 8th Avenue W. N. to 7th Avenue E. N.; 2) Reconstruct Main Street from 6th Street to BN Railroad; 3) Recon— struct Main Street from the Courthouse South to Airport Road intersection to 4 lanes; 4) Reconstruct North Meridian from 3 Mile Drive to Highway k93; 5) Reconstruct 5th Avenue West from llth Street to Idaho. Frank Guay listed the main priority for Flathead County as continuing West Evergreen Drive to Highway #93. This road will hhok up with 4 Mile Drive. It involves about 3/4 mile of road and a bridge. One property owner does not want to let them through. The next meeting of the On —Going Traffic Committee will be July llth. Director of Public Works Kain reported on a meeting with contractors and utility companies regarding specification changes in city building and construction requirements. The changes requested concern: 1) work guarantee from 1 year to 3 years; 2) width of new paved streets to 38'; 3) water main pipe; and 4) gate valves. Councilman Allen moved to refer the work guarantee change to the street & alley committee and report back July 17th. Seconded by Councilman Williams. Motion carried. Councilman Allen reported that work on the new city shop is progressing on schedule. One item overlooked in the contract was a sealer for the eement floor which will make it easy to clean. RESOLUTION NO. 3179 Councilman Allen moved that Mayor Rapp be authorized to sign a change order for the city shop for sealer for the concrete floor. Seconded by Councilman Daley. Roll call vote. Councilman Griffin voted nay. All other councilmen voted aye. Resolution adopted. ANNEXATION ' Councilmen Griffin commended City Attorney Donahue for the annexation information provided for his committee. He stated that it was outstanding. Councilman Griffin set 7:30 P. M., June 21st for a committee meeting to review the information. FINANCE Councilman Williams reported that Finance Director Swanson has prepared and given to councilmen the 1978-79 preliminary budget requests. Councilman Williams moved to direct Mayor Happ to appoint Finance Director Swanson as purchase order agent. Seconded by Councilman O'Boyle. Councilman Grainger and Granmo voted no. All other councilmen voted aye. Motion carried. 1931, Mayor Happ announced that Northwest Telephone Company has invited city officials to see their new SL-1 system between 10 and 12 A. M. tomorrow. There will be a staff meeting at 9 A. M. Mayor Rapp announced that the retirement party for City Clerk Beardslee would be at The Outlaw Inn at 8 P. M. Friday, June 23rd with a cocktail hour at her home from 6:30 to 7:30 P. M. City Attorney Donahue reported that as soon as forms come from the State, application will be made by the City to annex a portion of Highway #2 West. Richard Hadley, Chamber of Commerce thanked the street and park departments for the extra hard work put in on Lawrence Park for the concert. Councilman Williams moved that Director of Public Works Kain be permitted to travel to Helena on business for the City with mileage and per diem allowed. Seconded by Council- man Allen. Motion carried. LICENSE & PERMIT BONDS Ron Corbon, dba Ron Corbon Plumbing Plumber Councilman Williams moved that all license and permit bonds approved by City Attorney Donahue be accepted. Seconded by Councilman O'Boyle. Motion carried. Councilman Williams moved to adjourn. Seconded by Councilman O'Boyle. Motion carried. Minutes approved as presented on July 7, 1978. ATTEST: Mar orie Giermann, Dep. City Clerk /" 9. 7V<a Norma E. Happ, Mayot! '—