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10/19/81 City Council Minutes408 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, OCTOBER 19, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL, MAYOR HAPP PRESIDED, ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Smith moved that the minutes of the regular meeting of October 5 , 198j be approved as presented, Seconded by Councilman Zauner. Motion carried. CITY OFFICIAL REPORTS City Treasurer for August City Judge for September Police Chief for September Gouneilman,Zauner moved that City Official's reports be accepted, Seconded by Council- man O'Boyle. Motion carried, ADDRESSING THE COUNCIL Paul Palmer, Parking Commission Chairman, requested removal of all remaining meter heads on a 90 day trial basis and the 2 hour parking limit be in effect, Mr. Palmer stated that there will be four improved parking lots bringing in enough revenue to re- venue to replace lost meter revenue, Councilman Smith moved to suspend operation of the parking meter ordinance as of November 1st for a 90 day test. Seconded by Councilman O'Boyle. Motion carried. Mr. Palmer stated that because the City and city businesses have cooperated, something does have to generate revenue. Therefore, he would recommend that a violation of the 2 hour parking limit be $2 , 00 rather than $1,.00 if paid within 24 hours. ORDINANCE #991 Councilman Smith moved first reading of Ordinance #991, an ordinance to amend Section 17-93, Subsection D, of the City Code, changing overtime parking fee to $2,00 if paid within 24 hours. Seconded by Councilman Zauner. Roll call vote. All voted aye. Because of the meter removal, Mr, Palmer suggested the City pass an emergency ordin- ance to extend the 2 hour limit district already established and include an area north of the railroad. ORDINANCE #992 Councilman O'Boyle moved to enact an emergency ordinance to extend the two hour park= ing limit in the area already established and extend it north on Main Street from Idaho to Washington; Third Street between 2nd Avenue East and 3rd Avenue East; and Fifth Street from lst Alley East to 2nd Alley East. Seconded by Councilman. Daley. Roll call vote. All voted aye, COMMITTEE REPORTS, FINANCE Councilman Ruiz reported that a three member committee from the KDC, consisting of Steve P. Olson, Henry K. Good and F. Charles Mercord, have recommended the firm of Dain Bosworth, Inc. to develop a viable plan of finance for the City's Redevelopment Area. This firm has a proven record of accomplishment and expertise in the State of Montana, the Rocky Mountain region and throughout the country. Mr. Al Cook, Assistant Vice President, is familiar with Kalispell having a close work relationship with the County and the Airport Authority. The committee feels it is in the best interest to have City Council approval of Dain Bosworth, Inc, contract proposal for the feasibility of issuance of tax increment bonds or other mutually agreed financing. Councilm-ani.Granmo moved to refer the recommendation to the Finance Committee and, if approved, to authorize Mayor Happ to sign agreement with slain Bosworth, Inc. Seconded by Councilman Smith. Motion carried, ANNEXATION Councilman Smith reported, that the City -County Planning Board met last Tuesday. The Board has been reviewing the Comprehensive Plan and one of the major complaints is that the map is unreadable to a lay person, Six man months will be given to updating and improving the plan and a report will be given by Gary Hill by January, 1982. EMPLOYMENT Councilman Zauner had no report. Councilman Daley presented the following upgraded park regulations (see minutes of November 5, 1979, Book 12, page 494): Continued City .Ur Ka sveii - - Phone 406-755-5457 P.O. Box 1035 Kalispell. Montana 59S901 PARKS RULES. 1. Any person or organization wishing to . hold a meeting, picnic, wedding or gathering of more than 20 people must: m a. Secure permission from the Director of Parks & Recreation and be assigned an area in a park. b. Provide for clean up of areas. _ 2. Any person, or organization rising City owned 'sports fields. must a. -Secure. permission from the Directors of -Parks & Recreation and_ ire •. assigned a field.. b. Provide the Director of -Parks &.-Recreations -viith- a complete schedule - of games and a roster of players. c,. Provide for maintemkwe and . clean up of 'fieldso d. Provide eertificate of personal injury and property -damage insurance before use of fi.eldsa 3. Any..p,erson or organization wishing -to put ons .a .performance: i.n any park .in the City . of . Kalispell, in which theme' will be an attendamce charge must., a. Secure permission from the. D.irectore of Parks -& Recreation and -be' assigned are area in a parley'. - . b. Be sponsored by a local orga.nization who can, furnish proof that they are registered'.with the U.S© internal. Revenue Service as a non—profit organization. c. -Provide :for cleaning up of area. used -at end of performance. . ¢. Provide certificate of personal injury and property damage insurance before putting on a performance. 11.Any person or organization wishing to diplay or sell a local grown product or local made item or items, or .xua a..doncessi:orx.stand 'in.' any- ark. -In the City of Kalispell mast: a. Secure.permission from the Director of Parks & Recreations and -be assigned an area in a park.. b.. Sign an agreement with the City of Kalispell 'to be obtained from the . j Director of Parks & Recreation. 5. All games, sportsetc.'(such as frisbees, baseball, etc.) shall be played as not to t interfere with the safety and peaceful -enjoyment- of the Parks by other people. Such areas shall be designated by the Director of Parks & Recreati.ono C. All City Parks shall be closed from I0:00 P.M. until 7.00 A.Ma 1. A speed limit of 15 NPD is hereby established in all. City Parks. 8. Wo horses are allowed in Parks. Coun.cilwm Daley moved that- the above rules and regulations for parks be adopted. Seconded by Councilman O'Boyle. Motion carried. - CASH IN LIM O ,PARK LAND Councilman Daley moved that th.e.following'policy bn cash in lieu of park land dedication for subdivisions be adopted: Continued LF MEMORANDUM TO .Mayor and City Council FROM Forrest Daley, Chairman Parks and Recreation Committee Pis: Establishment of "Fair -Market Value" for. payment in lieu of park land dedication in subdivision approval DATE; July 2, 1981 - The .Parks and Recreation.Committee submits its recommendations on the policy of the Kalispell city council.ty be followed'in accept- ing +cash in lieu of'park lend dedication for subdivisions. it is suggested the following steps be.used in implaidenting Section #3..16 (U) (3) of the propoeed new subdivision regulations: 1., Pequire..developer,to supply measurements or square footage vf total development. 20 Developer to supply his fair market value of total development land. only.. 3.. if developer'sappr.ai;sal is not satisfactory he must get -an appraisal. from A licerised appraiser at his expense. 4aTo determine.af'developer's estimate is reasonable compare with. county tax fair market value (this. eati- mated to be'40% to*60% of actual valuel and the ap- prai.sal office estimated fair value for the property. (for this, contact Harvey at 755--5357, Appraiser's office).. 50. Notify developer if estimate is approved or refused.. 6, in the subdivision Approval Resolution the amount of cash to be paid should be set out specifically; it must be paid when the plat is filed. If the Council approves these steps as.its policy, the Flathead Re- gional Developiiaent Office should be appropriately advised so they can pass along this policy.to subdividers. cc: Chairman, Annexation Committee Seconded by Councilman Zaunex. After a discussion. on what is fair and not fair on market value, Councilmen Daley, O'Boyle, Granmo. and Zauner voted aye,- Councilmen Smith, Ruiz and Grainger voted nay. Motion carried. AIRPORT Councilman. Daley. reported that there is a lot, to be desired on the operation of the Air- port Board. He asked that the .Council look at the runway and surrounding area. There are weeds and grass,. which in time could cause a disaster. Mr.. Daley has tried to get them to correct their problems, but they think the City and County should help them. BALLFIELDS Councilman Daley reported there are no more men or senior girls playing on City ballfields . There are only younger people. Flathead County has provided fields for men and women soft- ball players acid wily,pxobably be charging $20.00 per person per season. 1 1 ..STREET AND ALLEY A M ' Councilman- _0-'_Boyje--reported that the Safety Council met but no City problems were dis- cussed. .The next' meeting. will be at noon on November 9th at the Outlaw Inn. The December meeting will be held in the City Hall Conference Room in the evening. TAC met. dt 10:31D on Ocibbe'r 13th. The main topic.was rerouting Highway. #12 on LaSalle. Safety factors. would' be the Evergreen School area, Rose Crossing, .Trumblecreek Road, the Airport, Blue Moon_ intersection and the Columbia Falls schools. There was also discussion.on-widening the bridge on Highway #2, MAIN STREET'RECONSTRUcriON Councilman O'Boyle reported on the Main Street Reconstruction Project progress. The design status is 99% complete. The contract will be let in October 1982 and the ten- tative date for construction is spring of 1983. CITY DEVELOPMENT Director Ed Gallagher reported that his office has been monitored by HUD officials the past 6 weeks and everything was found favorable. Paper work has been completed on two homes for the handicapped_. If for any reason these homes are discontinued for the handi- capped, -they revert back to the City for sale. SEWER 4 WATER Councilman Granmo stated that the sewer audit is completed and the exit meeting is set for 3:30 P.M. Friday, October 23. The sewer and water rate study being done by Mr. Flynn is progressing, but not finished. Director of Public Works Hafferman reported that the City Specifications and Standards are. nearly ready for review by the Council. SAFETY Councilman Grainger moved to reject the bid of Bob Meier Oldsmobile and to return, because the bid was over the budget. Seconded by Councilman O'Boyle. Motion carried. Councilman Grainger reported that they have purchased a 1980 Ford Granada and a 1979 Mercury Monarch for -the Police Department at a cost of $8,500 for the two vehicles. Pur ch as a was made from Rygg Rb-r d_ . Councilman Grainger reported on the first meeting of the Site Selection Committee for a new courthouse. He reported that people from various walks of life serve on the committee and it is very interesting and exciting. According to statute, the court- house has to be situated within the City limits. Probably the first step after the site selection is made will be to build the jail and ju=Xcti ary building. The site must be large enough to, add the courthouse later. The meeting will be at 3:00 P.M. Thursday, October 22, in the Conference Room at City Hall. Councilman Grainger requested Police Chief Stefanie and Fire Chief Doty to attend the meeting for safety input. MISCELLANEOUS Mayor Happ 'read the following letter: MORRISON -MAIER E, ANC. CONSULTING ENGINEERS STRUCTURAL WATER RESOURCES i ENGINEERS — EARTH SCIENTISTS — PLANNERS ENVIRONMENTAL TRANSPORTATION October 13, 1981 Mr. Verle R. Olsen Superintendent, Wastewater Treatment Facility City Uf Kali ' soe"IT Kalispell, MT 59901 Dear Pic: Congratulations! You have been selected to receive the Hatfield AW4rd from the Water Pollution Control Federation in recognition of your Qutstanding work.at tho Kalispell Wastewater Treatment Plant. Your name was submitted along with several others to the Montana Water Pollution Control Association and you were subsequently nominated to the National Federation far this award. The Montana`Association has the opportunity to submit only one name from the State of Montana every third year° At the Annual Conference of the dater Pollution Control Federation held 1a5t week in Detroit, your award was approved by the Board of Control and was recognized at the Awards Banquet held on October 7the The Hatfield Award was made to about 30 individuals throughout the U.S., Canada and other world countries in recognition of operators of water pollution control plants who are doing an outstanding job in performance of their duties as -well as to operators demoristr•ating distinguished pnf essiQnal i -im9 I attended the Awards Banquet and am enclosing a copy of the program inn which your name is included as a recipient of the Hatfield Award. The presentation of this award is scheduled for our next Montana Assoeiati., meeting. to be held March 25-26, 1982 in Helena. Hopefully you can arrange to attend this meeting to personally accept ,your award, P. O. BOX 6147 / 910 HELENA AVENUE -- HELENA. MONTANA - PHONE: 406-442-3050 59604 Mr. Merle R. Olsen Page Two October 13, 1981 Again congratulations on. a Job well done,. Sincerely, W illis'J. Wetstein Federation Director Montana Water Pollution Control Association WJW/dal/7158 Enclosure cc, Larry Longfellow., President Phil Doughty, Fxecuti:ve Director Alan Edwards', Chairman, Awards Committee Joe Steiner, Awards Committee Norma Happ, Mayor, 'City of Kalispell �y r.` '.J .Following is a letter to Police Chief Stefanie from the office of Flathead County Attorney: • - i fie Cow Morley Flaaead CoEq X "a NMI TIED O. LYMPUS, County Altonmey JONATHAN B. SMITH, Chief Deputy DEGNNISJ. HE±STER. Deputy MICHAEL C. PRE.ZEAU. Deputy RANDY K.SCHWICKERT,Daputy October 14, 1981 LAME K. BEN NEff. Deputy Martin 1. Stefanie, Chief of Police Kalispell Polio Department City Hall -Kalispell, Mt.. 59901 RE: State of Montana -vs- Jacob H. Woods (Deliberate Homicide, Z Counts) Dear Marty: 1 P.O. Box 1516 Courthouse West Annex (4V4 7SS-5300 - Ext. 241 I want to take this opportunity to express my admiration for and appreciation to Detectives Gifford and Hossack, Sgt. Stotts and Officer Burns for their unfailing persistence and help in connection with. our recent successful prosecution of the above referenced matter. For almost 3 years these, —dedicated officers refused to give up in an investigat on that would have long since discouraged lesser men. Although it was ultimately a tip from.the Crimestoppers Program that broke the case, we all know from experience that a program.s.uch. as Crimestoppers can not alone solve any crime; that it is no substitute for good police. work and thorough investigation; and that it is merely a tool, albeit and invaluable 'tool, in the total investigatory process. As I indicated to these officers upon receipt of their congralulation upon the verdict, I can do no better in presenting a case to a jury than the officers in the field have done in presenting it to me. You, your Department and particularly these officers can be proud of a job well donee With kindest regards, TOL:hp cc: 4yor" Norma Happ Detective Dale Gifford Detective Don Hossack Sgt. Dick Stotts Officer Greg Burns Yours sincerely, OFFICE OF THE COUNTY ATTORNEY Flathead County, Montana s �l Sir TeU 0. Lympus Councilman O'Boyle moved that Councilman Haley be given permission to be out of .. state. Seconded by Councilman Smith. Lotion carried. Councilman Grainger moved to adjourn. Seconded by Councilman Granmo. Carried. Approved as presented November 2, 1981 ATTEST: Mar brie Giexmarn, City Clerk F' Norma E. Happ , Mayor 1