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11/02/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7;30 P. M, MONDAYr NOVEMBER 2, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCIIMEN WERE PRESENT. APPROVE MINUTES Coun oilman Daley moved that the minutes of the Regular Meeting of October 19, 1981 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING-- Th6 Outlaw. Inn Industrial Development Revenue Bonds STATE OF MONTANA ) COUNTY OF FLATHEAD } ss. CITY OF KALISPELL ) The City Council of Kalispell, Montana, held a regular meeting open to the public at the Council Chambers in the City Hall , in Kalispell , Montana, on Monday, the 2nd day of November 1981, at the hour of 7:30 p.m. The following members of the City Council were present: Forrest Daley, President Louis Ruiz Ann Smith Francis O'Boyle Howard Grainger Lauren Granmo John Zauner The following.members of the City Council were absent: none - The following persons were also present: Marjorie Giexmann, City Clerk Norbert F. Donahue, City Attorney Norma E . H app , Mayor The City Clerk announced that pursuant to Resolution No, 3374, adopted by the City Council on October 5, 1981, this is the time, place and date for holding a public hearing on a proposed project under Part 1 of Chapter 5 of Title 90, Montana Code Annotated 1979, as amended. The City Clerk presented an affidavit of publication from the Daily Interlake showing the publication of the Notice of Public Hearing once a week for three (3) consecutive weeks prior to this date, the last such publication being at least seven (7) days before the date of this hearing, excluding the day of publication. Such notice described a proposed project, the general nature of which is commercial enterprise (expansion of ex- isting motel facility), the lessee or the borrower for which is Outlaw Inn, a Montana general partnership, and the estimated cost of which is approximately $2,800,000, The Mayor declared the meeting open for all persons appearing and wishing to be heard on the issue of whether the acquisition and improvement of this project is in the public interest of the City. Naive of Person Appearing Comment Albert T, T. Cook, Asst, Vice President, Dain-Bosworth bonds are saleable Atty. Cal Robinson, representing the Outlaw Inn asked if there were questions Council President Daley asked how many additional employees would be required Mr. Buck Torstensen, Owner of the Outlaw Inn answered that there would be 68. Mayor Happ made three calls for opponents. No one responded. Thereupon the Mayor declared the public hearing closed. Thereupon Council Member Louis Ruiz introduced and moved the adoption of the following Resolution, which was read by title, copies thereof having pre- viously been made available to the City Council and the public: RESOLUTION #3379 Councilman Ruiz moved to adopt Resolution #3379, a resolution providing for issuance of City of Kalispell, Montana, Industrial Development Revenue Bonds (Outlaw Inn Project) , Series 1981, and authorizing the preparation of documents and instruments 'relating thereto. Seconded by Councilman Grainger. Roll call vote. Councilman O'Boyle voted nay. All others voted aye. Resolution adopted, Depending upon marketing conditions, the project will be started by next year. ADDRESSING THE COUNCIL Mr. Donald A. Gatzke, President of Flathead. Valley Community College, addressed the Council regarding the traffic problem at lst Avenue East and 1st Street. Since 1st Ave- nue East was reconstructed, there has been no traffic signal at that intersection, A few days ago a student was hit, Dr. Gatzke said that the wiring is there and he would like a traffic light installed and used at least during the school term. Both students and traffic are confused, Mayor Happ stated that at the time of reconstruction the State deemed it not necessary to install a light. Police Chief Stefanic agreed that ther is a danger to students and other pedestrians. Motorists do not seem to be alert. The problem would have to be referred to TAC. The accident history on this intersection should be reviewed and a traffic survey made, Chief Stefanic reminded the Council that there is a request and review being made on closure of 1st Street from Main to 1st Avenue East and this aright be considered as a solution, Dr. Gatzke added that since the resurfacing with gravel last month the lines are covered and motorists and pedestrians do 'not have anything to follow, Councilman O'Boyle stated that the state law says when persons are in a crosswalk, vehicles must stop. When the -area is painted it will be better,, However, when Main Street is re- constructed, traffic will be directed to 1st Avenue East and West and then there will be more danger. A blinking traffic light, a four way stop, or just new striping may help. Councilman Smith moved to refer the request to TAC (Technical Advisory Committee) Seconded by Councilman O'Boyle, City representative on TAC.- Motion carried. The next meeting is November 17th and the college will have a representative there. COMMITTEE REPORTS GAMING Councilman Grainger reported that the Gaming Committee met and discussed the 12 month residency requirement for dealers. The Committee recommends that the residency re- quirement be changed to six months. State ganging law does not require a certain re- sidency period, The City had -this requirement in the rules and regulations to dis- courage dealers. RESOLUTION #3380 Councilman Grainger moved adoption of Resolution #3380, a. resolution to change the resi- dency requirement"from- 12 months to 6 months,, Seconded by Councilman Daley. Roll call vote. ' All voted aye, SAFETY Councilman Grainger reported that the Flathead County Courthouse Site Committee met and looked at sites, Sites are spread. from Buffalo Hill to south of the City and from the Fairgrounds to east of town,. They may be -asking the three cities for financial assist- ance. The proposal is being reviewed by City Attorney Donahue, SEWER & WATER Councilman Granmo had no report, CITY DEVELOPMENT RESOLUTION #3381 Councilman Granmo moved to adopt Resolution #3381, a resolution to approve Change Order #2, in the amount of $3,813,,50 on the EDA Parking Lot Project #MT 801506-.159.. Seconded by Councilman O'Boyle. Roll call vote. All voted aye,. STREET & ALLEY ORDINANCE #991 Councilman O'Boyle moved second reading of Ordinance #991, an ordinance to amend Section 17-93, Kalispell City Code, to increase to two dollars the sum which may be paid as a penalty for parking violation within twenty-four hours of violation notice. Seconded by Councilman Zauner. Roll call vote, All voted aye, PARKS, RECREATION, AIRPORT Councilman .Daley had no -report. EMPLOYMENT Discussion was held on whether to establish the position of assistant street foreman in the union or continue with administrative policy of appointing someone to take the place of the foreman when he is gone. The question was referred to -the Employment Committee, and Director of Public Works Hafferman to resolve, There will be an Employ- ment Committee meeting at 3.30 P, M. Monday, November 9th,. Councilman Zauner stated that the City is still negotiating with the Firefighter's Association ANNEXATION Councilman Smith had no report, FINANCE Councilman Ruiz stated for the minutes that he is offended by a political advertisement in the Daily Inter Lake which implies that the annual salary of the City Attorney is $54,134. The budget within the General Fund is as follows; Salaries for City Attorney and one secretary, $44,174,00; office supplies, $200,00; postage, $60,00; printing and zerox, $150.00; telephone, $200.00; for a total of $440784.00. From Revenue Sharing fiords, office equipment maintenance, $150.00; school and travel, $700.00; membership and dues, $150.00; litigation, $4,000.00; library and maintenance of same, $4,350,00; for a total of $9,350.00. The City has not yet set the salary ordinance for this year., Last year the salary of the City Attorney was $28,000.00. Councilman Ruiz added that as chairman of the Finance Committee, he was very proud of the way the committee has held taxes down. He stated that he had received his tax notice today and taxes were up only $3.00. He said he realized that political ads were not the responsibility of the Daily Inter Lake, Councilman Granmo stated that as chairman of the Sewer & Water Committee, he is offended at political candidates who have said that inadequacies of the wastewater treatment plant out.,of_ fault o-f..cur ent:_ .: rxs!-:ra_tion. Difficulties at the plant have been handled and are currently being studied for correction. City Attorney stated that for reasons unknown to him, the criticism was directed at him and he thanked Councilman Ruiz for his statement, Councilman Ruiz stated that claims for October have been reviewed and moved that all those found to be in order be paid. Seconded by Councilman Smith. Motion carried. Councilman Ruiz explained that one of the comments in the last audit dealt with the recap of the Treasurer's monthly Cash statement Therefore, Councilman Ruiz moved that the re- cap of the Treasurer's monthly Cash Statement be published in the local newspaper, start- ing with the end of Fiscal Year 1980-81. Seconded by Councilman. Daley, Motion carried. RESOLUTION #3382 Councilman Ruiz moved to adopt Resolution #3382, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 1980-81 fiscal year within the classification of salaries. Seconded by Councilman Zauner. Roll call vote, All voted aye. RESOLUTION #3383 Councilman Ruiz moved to adopt Resolution #3383, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 1980-81 fiscal year within the classification of maintenance and operation. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. TAX INCREMENT Discussion was held on use of tax increment. The City Council will decided on its use. One suggestion is to sell a bond issue and use the tax increment to pay off. The money from the bonds could be used to aid -Cmmuni..�y .dee�lopmeri.. Councilman Daley suggested that the money be used to fix the streets off Main Street when the reconstruction begins, and put the money on interest until needed. MISCELLANEOUS Councilman Smith moved to appoint Pat Tin.seth as Acting Treasurer to finish the term of Treasurer Gail Bruch, who resigned October 31, 1981., The term runs to January 4, 1982. Seconded by Councilman O'Boyle, Motion. carried. Flathead County Commissioners voted to pay the City $5,000.0O on the swimming pool repair, but turned down a request to assist with ambulance expense, ORDINANCE #993 Councilman Grainger moved first reading to amend the ordinance on driving while under the influence of alcohol--o-r drugs to conform with the new state law. Seconded by Councilman O'Boyle. Roll call vote,, All voted aye, Councilman O'Boyle moved to adjourn, Seconded by Councilman Daley. Carried; Approved as corrected November 16, 1981 Norma E . Happ , May ATTEST: Marp6rie Giermannr City Clerk I 1