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09/08/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY SEPTEMBER 8, 1981 IN THE COUNCIL CHAMBERS COUNCILMEN WERE PRESENT. APPROVE MINUTES COUNCIL WAS HELD AT 7;30 P, M.. MONDAY, AT CITY HALL. MAYOR HAPP PRESIDED. ALL Councilman Daley moved that the minutes of the Regular Meeting of August 17, 1981 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. Councilman O'Boyle moved that the minutes of the Special Meeting of August 31, 1981 be approved as presented. Seconded by Councilman Daley. - Motioh carried. BID OPENING Tennis Courts Pack & Company License #2760A American Asphalt License #2736A Bid Bond Bid Bond $5,895..00 $8,600.00 Councilman Daley moved the bids be referred to the Parks 4 Recreation Committee with power to act. Seconded by Councilman O'Boyle. Motion carried, PUBLIC HEARING KEN -WAY ADDITION Councilman Smith described the property which is a portion of Block 12, High School Addition, located south of 8th Street West and east of .Wallace Avenue, Adjacent pro- perty is zoned R-5. Property is contiguous to the existing City limits along 8th Street. All City services are available or could be extended to service the property. Developers are requesting RA-1 zoning. Mayor Happ asked for proponents to the annexation. No one responded. Mayor Happ asked for opponents. No one responded, Findings of Fact are recorded in the July 20, 1981 minutes. ORDINANCE #990 Councilman Smith moved first reading to enact Ordinance #990, an ordinance to extend the City limits to include Ken -Way Addition #135 with RA-1 zoning, Seconded by Council- man Ruiz. Roll call vote. All voted aye, PUBLIC HEARING PARKING MAINTENANCE DISTRICT #1 Two protests were received to Parking Maintenance District #1._ One from Michael A. Guest and the other from the Masonic Temple Company, Mayor Happ asked for proponents to the.District. Paul Palmer, Chairman of the Parking Commission spoke in favor of the District, Gordon Pirrie. stated that the Masonic Temple Company may have been poorly informed.. The did know time limit and amount. I£ they had understood the conditions, they might not have protested, RESOLUTION #3365 1 1 Councilman O'Boyle moved to adopt Resolution #3365, a resolution creating Special Parking Maintenance District #1 for the purpose of providing the funding of the costs of main- taining, operating, repairing and improving the public off --street parking lot and facility located on Lots 17 through 24, Block 46 of Kalispell, Seconded by Councilman Daley. Roll call vote. All voted aye. PUBLIC HEARING RESOLUTION #3366 Hearing no protests, Councilman Ruiz moved to adopt Resolution #3366, a resolution levy- ing an assessment for the cost of oil sprinkling the alleys and unpaved streets and avenues with oil and dust control in Oil Sprinkling District No. 2, for the year 1981. Seconded by Councilman Smith. Roil call vote. All voted aye, PUBLIC HEARING RESOLUTION #3367 Hearing no protests, Council -man Ruiz moved to adopt Resolution #3367, a resolution levy- ing the cost of water sprinkling the streets and avenues in the Water Sprinkling District No. 1 for the year 1981, Seconded by Councilman Smith. Roll call vote, All voted aye. PUBLIC HEARING RESOLUTION #3368 Hearing no protests, Councilman Ruiz moved to adopt Resolution #3368, a resolution levy- ing an assessment for the cost of the lighting of streets and alleys in The City Special Lighting District for the year 1981, Seconded by Councilman O'Boyle, Roll call vote. All voted aye. ADDRESSING THE COUNCIL Mr. Gene Hufford, representing D. A, Davidson & Company, addressed the Council with a request for a public hearing to consider the issuance of $1,500,000.00 Industrial Revenue Bonds -for the -purpose of expanding the Buttrey Foods Store. Mr, Hufford explained that they would be expanding 11,000 square feet. It will make a larger tax base, and besides employing people for construction, will create 10 permanent jobs. RESOLUTION #3369 Councilman Ruiz moved to adopt Resolution #3369, a resolution calling for a public hearing on a proposed project under Title 90, Chapter 5, Part 1, Montana Code Annotated. Seconded by Councilman Daley. Roil call vote. All voted aye. COMMITTEE REPORTS FINANCE Councilman Ruiz reported that the August claims have been reviewed and moved they be paid.. Seconded by Councilman Daley_ Motion carried. ANNEXATION ORDINANCE 4984 Councilman Smith moved second reading of Ordinance 4984, an ordinance to amend City of Kalispell zoning ordinance to allow "Automobile Rental Agency Office", "Travel Agency" and "Real Estate Sales Office" as permitted uses in General Business (B-3), Community Business (B-4), Central Business District (B-5), and Resort Business District (B-6). Seconded by Councilman Zauner, Roll call vote, All voted aye. ORDINANCE #986 Councilman Smith moved second reading of Ordinance #986, an ordinance to amend City of Kalispell zoning ordinance to allow a "Second -Hand Store" as permitted use in the General Business (B-3) and Community Purpose (B-4) zones, Seconded by Councilman Daley, Roll call vote. All voted aye. ORDINANCE #987 Councilman Smith moved second reading of Ordinance #987, an ordinance to adopt Sub- division Regulations for the City of Kalispell,. Seconded by Councilman Zauner. Roll call vote. All voted aye. ORDINANCE #988 Councilman Smith moved second reading of Ordinance #988, an ordinance to amend Ordinance #934 and the zoning map of the City of Kalispell to change certain property zoning from "Residential Apartment RA-l" to"Ceneral Business B-311. (Third Avenue East Enterprises). Seconded by Councilman Zauner. Roll call vote, Councilman O'Boyle voted nay. All others voted aye. Ordinance enacted. Covenants will be recorded immediately. Councilman Smith announced an Annexation Committee Meeting at 4,00 P. M, on Friday, September llth, to discuss a lawsuit pending on Double L, EMPLOYMENT Councilman Zauner had no report , PARKS & RE CRE ATI ON Councilman Daley had no report.. STREET $ ALLEY ORDINANCE #989 Councilman O'Boyle moved second reading of Ordinance #989, an ordinance to amend Section #17-82, Kalispell City Code, to provide for issuance of permanent parking permits found in the public good to taxicabs., buses, delivery vehicles, etc. on public streets or City off-street parking lots; to provide for monthly fee of $15.00 per parking space, Sec- onded by Councilman Grainger, Roll call vote. All voted aye., CITY DEVELOPMENT Ed Gallagher, Director of Community Development, reported a committee has been appointed from KDC to investigate banks for investment of tax increment to be collected this year, Mr. Gallagher explained the $52,000 Marketing Analysis Study Grant, The study will cover the areas of Kalispell, Whitefish, Columbia Falls, Bigfork and Lakeside and catalog small manufacturers and see how they can be assisted, A Board of Directors will be appointed from the Chamber of Commerce and KDC to direct the study., 3 SEWER & WATER Councilman Granmo had no report. SAFETY Councilman Grainger moved that the Assistant Police -Chief be authorized to call for bids for two 1981 or 1982 police cars. Seconded by Councilman Ruiz. Motion carried. MISCELLANEOUS Mayor Happ reported that she and Council members were.dinner guests of Pacific Power and Light this evening, Tri-City Meeting will be tomorrow noon at the Pines Cafe in Columbia Falls. The CAB meeting will be at 10:00 A.M. on Wednesday, September 9th in Columbia Falls. Mayor Happ read a letter from the Flathead County Commissioners which stated that for the past several months they have been in the process of gathering information rela- tive to the needs of a new countycourthouse facility and have identified the space requirements for the jail, Sheriff' Department, district court and all of the other various county offices, as well as parking space that .is needed. They now wish to form a "site se-1e.ction committee" of about 10 people, representing a good cross-section of the county, that are interested in solving this county problem and willing to give of their time in this endeavor. They would like one person from the Kalispell City. Council to serve on this committee, Mayor.Happ asked Councilman Grainger to serve on the committee and he accepted the appointment, Mayor Happ issued the following Proclamation: P ROC L A M A T I ON WHEREAS, on the 10th day of August, 1981, the City Council did pass and I did approve Ordinance No., 985 establishing a two-hour vehicle parking limi- tation on portions of certain streets in the Clay; and, WHERE AS , said Ordinance No, 985 was passed as an emergency measure to be come effe ctive immedi ately upon publi c pro cl amation by the Mayor after pro- per signing and individual.p arking space marking had been completed by the Street Superintendent; and, WHEREAS, such proper signing and individual parking space marking has been completed on those streets designated for limited parking west of Main Street , NOW THEREFORE, I, Norma E. Happr Mayor, do, pursuant to the power granted me by Ordinance No. 985, hereby proclaim that said Ordinance No. 985 is imme- diately effective -on the following streets: 1) On Main St. between Idaho St, and Fifth St., 2) On First Ave. W, between Center St. and Fifth St, W. 3) On Second Ave. W. between Center St,, and Fourth St, W.., 4) On Center St., First St, W,, Second St, W,, and Third St. W. between Main St. and Third. Alley W., 5) On Fourth St. W. between Main St., and Third Alley W., 6) On Fifth St. W. between Main St., and First Ave, W. This proclamation shall be in full force and effect while said Ordinance No. 985 is in effect in accord with Section IV, thereof, or until it is repealed, superseder or amended by other action of the Kalispell City Council. Done and given by me this 2nd day of September, 19 81 . IsI ,- Norma E , Happ , Mayor City of Kalispell ATTEST: /s/ Marjorie Gierm ann, City Clerk Mayor Happ asked the Parking Commission to review the areas where parking meter heads have been removed,. Reports are coming in that business people and their employees are parking in these spots, As soon as American Asphalt gets their performance bond, they will proceed with the improvement project on the parking lots. LICENSE 4 PERMIT BONDS 1 1 Marilyn A. Kuder DBA Marilyn's Gun Shop Gun Shop Bond Councilman Grainger moved that all license and permit bonds approved by City Attorney Donahue be accepted. Seconded by Councilman Granmo. Motion carried. RESIGNATION OF GAIL BRl1CH, CITY TREASURER Mayor Happ read the following letter: "September 8, 1981 Mayor Norma E. Happ City of Kalispell Box 1035 Kalispell, Montana 59901 Dear Mayor Happ: Please accept my resignation as City Treasurer of Kalispell effective October 30, 1981. My last official day in office will be October 9, 1981. When I ran for this office my term was to expire in May of 1981, I have enjoyed my work, it was a pleasure serving the public, I would like to take this opportunity to extend my thanks to every one for making my terms' in office so 'rewarding.. Thank you, /s/ Gail V. Bruch" Mayor Happ reported that Alan Peterson, Building Department, has resigned to take a job with an architectural firm.. There being no further business, the meeting was adjourned, Approved as presented 9/21/81, Norma E. Happ, Ma ATTEST: Mar orie Giermann, City Clerk