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03/16/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. ON MONDAY, MARCH 16, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN GRAINGER WAS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Smith moved the minutes of the regular meeting of March 2, 1981 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIAL REPORTS City Treasurer for January, 1981 City Judge for February, 1981 Police Chief for February, 1981 Councilman Daley moved that City Official reports be accepted. Seconded by Councilman Zauner. Motion carried. COMMENDATIONS A letter of commendation was presented by Police Chief Stefanic and Fire Chief Doty to the following persons: Mr. Fred Cusick, Mr. Robert Border, Fireman Tim Berg, Police Detective Don Hossack, Sgt. Phil Fisher, and Police Patrolmen Jim Brown, Ad Clark and Dan Bourne. The letter read as follows: OFFICIAL COMMENDATION March 2, 1981 This letter is to formally and officially recognize,you for your selfless rescue efforts in rescuing Jacob Jenkins and his sister Janalee when they fell through the ice on Febur ary 27, 1981. Your individual and team effort saved the life of young Jacob and gave Janalee her very best opportunity for survival, under the circumstances. For you and the other rescuers to risk your own health and safety on thin ice was an admirable act of valor. Words cannot express the gratitude and respect you deserve. Your dedication and heroic attention to duty is in the very highest traditions of public service and is hereby most highly commended. I take great pride that the city of Kalispell has you and others like you in our service. Best regards, /s/ MARTIN D. STEFANIC Chief of Police /s/ PHILLIP N. FISHER Sgt. Kal. Police Dept. MDS/sh /s/ NORMA HAPP /s/ GENE DOTY Mayor Fire Chief Police Chief Stefanie stated that his deep appreciation is extended to many others who helped in the rescue. Mayor Happ thanked each of the recipients from the bottom of her heart for their gallant efforts .at the risk of their own health and welfare, PUBLIC HEARING - Second Year Application for HUD Grant Councilman Saverud explained that this is the second year application on a three-year H.U.D. Grant, in the amount of $453,000,00. Two public meetings were held and both well attended. The grant will be used as a continuation of first year projects, establishing a now loca- tion for the handicapped, residential and commercial loans and possible demolition of old city hall. Mayor Happ asked if there were proponents or opponents of the application. Hearing none, Councilman Saverud moved that Mayor Happ be authorized to sign the appli- cation for the second year H.U.D. Grant in the amount of $453,000.00. Seconded by Council- man Zauner. Motion carried. ADDRESSING THE COUNCIL Loren Solberg, -representing Buchanan Enterprises, addressed the Council with a request to consider a -plat of a portion of Simmons Addition for the purpose of establishing a street. The plat and area has been checked and approved by Director of Public Works Hafferman and City Attorney Donahue. The road will be a 40' street and an extra 10' easement will be granted to the City for the sewer line. The plat needs one more sig- nature, which is on its way from California. RESOLUTION # 3324 Councilman Smith moved to adopt Resolution #3324, a resolution to accept, as a city street, "Windward Way" in the resubdivision of Simmons Addition 078, Seconded by Councilman Zauner. Roll call vote. Councilman O'Boyle voted nay. All other Councilmen voted aye. Resolution adopted. 168 Darwin Hamilton, South Meadows Developer,'requested formation of S.I.D. #331 for streets, lights., sewer, water'and'a bridge... City -Attorney Donahue asked Mr. Hamilton if he had talked with their attorney since 5:00 P.M, today. Mr. Hamilton stated that he had not, but would go and call him. Mr. Hamilton left and did not return to the meeting. COMMITTEE REPORTS SAFETY Councilman O'Boyle,. -member of the "Safety Awareness Program", moved that 65 first aid.kits at $10.00 each be purchased for city vehicles to be paid from the various funds where in- stalled. Seconded by Councilman Smith. Motion carried. SEWER & WATER Councilman Granmo stated he has a request for a Change order on S.I.D. #328. He scheduled a full Council meeting at 4:00 P.M. on Wednesday, March 18th for discussion of the -re- quest. CITY DEVELOPMENT Councilman Saverud reported that the Council as a committee of the whole met..to review the bids on demolition of old city hall. They reviewed the fact that when the contract for the new city hall was let, it included demolition of the entire old city hall, including the Fire Department annex. It was deleted for lack of funds. Later, when it was decided to demolish old city hall, the Montana Historical Society would not give us clearance. We now have this clearance and the funds from the sale of land through the H.U.D. Program. We feel that present facilities are adequate for present and future needs. If the old fire hall -- annex attached is left, it will be a tremendous eyesore. A contractor has looked and esti- mated it will cost $10,000.00 to face the east wall and remodel. The area is one of prime need for off-street perking. The City Development Committee voted 2 to 1 to recommend the alternate bid to demolish it all, be accepted. Councilman Saverud moved the alternate bid from Matelich Construction Company in the amount of $46,477.50 be accepted. Seconded by Councilman Zauner. Councilman Daley spoke against the motion. He stated that the original intention of Council members was to take it all down for.city vehicle parking, not public parking. We now have more city vehicles and we need the annex portion of the building for inside parking. We have been urged to demolish both buildings by business people and the Chamber of Commerce, but we should be representing all taxpayers of the City of Kalispell. Councilman Daley stated that a check by Building Inspector Shoemaker indicates we need 64 parking spots for city vehicles, visitors, boards, Highway Patrol and others who have business at City Hall. Mr. Daley concluded by saying that for $12,000 we can have a nice looking building and that economics demand we leave the annex. He had -no objection to removal of the original building. Councilman Ruiz also spoke against the motion. He stated that the Council has worked with the KDC and Parking Commission on the parking problem to the extent that we have purchased 8 downtown lots for a total of $275,000.00 and have paid $20,000 on it so far this year. This proves our sincerity. According to valuation by Building Standards, the fire annex is worth approximately $74,000.00, or $35.00 per. square foot. Councilman Saverud said he knows of as good a building which can be purchased for $14.00 per square foot. Police Chief Stefanic stated that the building is of'great value to his department for in- side vehicle storage. If vehicles axe stored at the city shops, they will be inside a fenced enclosure, but outside in the weather. Also, it is a long way from the department to the shops to pick up the vehicles. Councilman Smith countered that police are picked up at their homes for duty and could just as easily be ferried to the shop. Mayor Happ asked Ed Gallagher, City Development Director, what the status of the funding would be on the two plans for demolition. Mr. Gallagher stated they will go with what- ever the Council decides. If they go with the alternate bid, the H.U.D. funds will pay the entire cost. If they decide to demolish just the old original part, the grant will pay that cost too. If at a'future date the Council decided to demolish the old fire hall, he was not sure if funds would be available. It would be a complete request, call for bids, etc. and might be turned down. Councilman O'Boyle spoke against the motion. He stated that he is on the City Develop- ment Committee, voted against the recommendation and has always been concerned about keeping the old fire hall annex, but does not object to tearing down the old original building. Dr. M.E.K. Johnson, member of the B.O.A., but speaking as a concerned citizen and tax- payer, spoke in favor of keeping the old fire hall annex. He said "America seems to.be in a destructive mood.". If you travel out of this country, you will see buildings hundreds of years old in good condition and well utilized. He stated that he checked the building today and there are nine vehicles stored in there and the surveyor's office in use. He could see no other space for the surveyor and would not like tofrent a separate office for : him. He stated that he thought it very important that emergency vehicles have warm engines. The personnel who operate these vehicles are first class workers and their needsand wishes should be heeded. He concluded by saying that he is requesting the City Council to consider salvaging the annex building. He suggested a small park with a little grass and a park bench would be nice where the old original building is. Councilman Saverud said he too likes old buildings and is presently renovating an old home for his residence. He is also concerned about an office for the surveyor, but if we leave the annex building, which has quite a lot of open space, we will probably grow into it, and he felt this is unnecessary. Councilman Smith stated that she polled 27 persons today. Some of the persons were at school, where she is employed, and some were downtown and in grocery stores. Of these 27, 8 did not care either way, 14 could see no reason to keep it, and 5 would keep it. She called a masonary contractor who told her it would take $40,000 to make a decent building out of it. She concluded by saying that 38% of our taxes come from downtown businesses and she felt we should make more more parking for them. Larry Lee stated that the Chamber of Commerce would like it all down and that he was a downtown taxpayer and he would like it all down. Question called. Vote was by show of hands. Councilmen. Granmo, Saverud, Zauner and Smith voted aye, Councilmen O'Boyle, Daley and Ruiz voted no. Motion carried. STREET & ALLEY Councilman O'Boyle had no report. PARKS Councilman Daley reported that the lease for the golf course for the coming year is ready for signatures and is the same as last year except for a slight raise in green fees. Councilman Daley moved that Mayor Happ be authorized to sign the golf course lease, effective March 1, 1981 to :February 28, 1982. Seconded by Councilman Ruiz. Motion carried. Bids for the swimming pool repair will be opened at the April 6th Council Meeting. EMPLOYMENT Councilman 'Zauner had no report. ANNEXATION ORDINANCE #972 Councilman Smith moved second reading of Ordinance #972 to amend Ordinance #961 zoning map to change portion of Light Industrial (LM) District to Central Business (C-3) District. Seconded by Councilman Zauner. Roll call vote. Councilmen Smith and Ruiz voted nay. All other councilmen voted aye. Ordinance enacted. ORDINANCE #973 Councilman Smith moved second reading of Ordinance #973 to provide for the alteration of the boundary of the City of Kalispell by including therein, as an annexation, certain realty to be known as Engel Addition #126. Seconded by Councilman Daley. Roll call vote. All voted aye. RESOLUTION #3325 Councilman Smith moved to adopt Resolution #3325, a resolution of intention to annex Arndt Addition #128 on condition there is a waiver of Irotest on future S.I.D.'s, zoned B-3 and no park dedication required. Seconded by Councilman Zauner. Roll call vote. All voted aye. Councilman Smith announced a meeting at 7:30 P.M. on Wednesday, March 18th to review the downtown redevelopment zoning ordinance. FINANCE Councilman Ruiz had no report. MISCELLANEOUS Mayor Happ announced a Tri-City meeting at the Outlaw Inn at noon on Wednesday, March 18th. Councilman Zauner moved Council approval of the Mayor's appointment of the`.following persons to the Police Commission Peder Waldum to June 1984 Dan Korn, Jr. to June 1983 Joan Jellison to June 1982 Seconded by Councilman O'Boyle. Motion carried. Mayor Happ announced a city-wide clean up day for March 25th. It will start downtown at approximately 6:00 A.M. Firemen will provide hoses. Street Department will also be involved. Citizens are asked not to rake Leaves into the street, but to sack them and place in alley for pickup. Councilman Smith moved to direct City Attorney Donahue to draw up an an .amendment to the ZoAing Commission to provide for a fifth member to be appointed by the Mayor and approved by the Council. Seconded by Councilman Saverud. Motion carried. City Attorney Donahue explained a proposal by Bob Gris4ley, representing Hydro -West, for the City of Kalispell to sign an agreement to work with Hydro -West in accordance with Section #7-7-4104 (2), MCA. Recent Federal legislation allows permits to be issued to persons and municipalities to generate power. The generating site must not be where -there is an existing dam that is generating power. There are many sites in Montana that can be utilized by private individuals or companies and require utility companies to buy the power. Idaho and California have already started. The City will not develop, but will be the licensee. The City will have no liability involved. The figure is negotiable, but 2% of the gross could become revenue to the City. If we find the contract is not legal or cannot be made for 35 years or is restricted by law for the amount of money we can go into debt, the contract is void, Councilman Daley moved Mayor Happ be authorized to sign a contract with Hydro -West for the purpose of generating power in Montana, Seconded by Councilman O'Boyle. Council- man Granmo voted nay. Councilman Smith abstained. Motion carried. City Attorney Donahue reported that the City has been served with a complaint by the Kalispell Police Association claiming certain allegations to the Board of Personnel Appeals. The City will deny and defend the allegations, S.I.D. #327 Doug Daniels of Thomas, Dean & Hoskins, asked what position the City is taking on S.T.D. #327 concerning changing engineers. He stated that he has had nothing in writing, but has heard that his firm is being discharged and a new engineer hired. Mr. Daniels reminded the City Council that they have a contract with his firm and that the contract has certain conditions for closing it out ahead of schedule. City Attorney Donahue told Mr. Daniels that he would like to sit down with the developers, their attorney and him, and resolve the problem. Mr. Daniels replied that this was agreeable. Mayor Happ was given permission to be out of the state for a few days. There being no further business, Mayor Happ adjourned the.. -;meeting. Minutes approved as presented April 6, 1981 Marjo ie Giermann, City Clerk Norma E. Happ, M or