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04/22/82 SP City Council MinutesAPRIL 20,' 1982 SPECIAL MEETING, TO THE HONORABLE BOARD UP COUNCILMEN CITY.OF..KALISPELL, MONTANA GENTLEMEN 'There will be a Special. Meeting of the City Council, Thursday, April 22, 1982, at 7:30.,P. M. in the Council Chambers at City Hall for the following purpose: T6 conduct business of the Regular Council..meeting,which was i adjourned for lack of quorum.. Wo.7 the undersigned, being all of the members of the ,City Council., do hereby waive notice of the date and purpose of the Special Meeting of the City Council to be held Thursday, April 22, 1982 at 7:30.P.M.. in the, CouncJL1 Chambers at City Hall and consent to 'the, transaction of the .above: and: any o,. her business t.hat may properly come before the City Council. LeRO . � McDowe-i , ayor AITEST!: MarjoiJ'A Giermann,' City Clerk -Treasurer OUT OF TOWN Paul R.. Palmeir Franczs T. O'Boyi OUT OF TOWN Louis B. Ruiz, Jr. - OU1' OF TOWN John Zauner, Jr. r` Gax5r W. Nystul Glen Neer, Cit Attorney A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M,, THURSDAY, APRIL 22, 1982', IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMEN V1DAL, ZAUNER AND RUIZ WERE OUT OF TOWN WITH PERMISSION FOR THEIR ABSENCE. APPROVE MINUTES Councilman Nystul moved.the minutes of the Regular Meeting of April 5, 1982 be approved as presented. Seconded by Councilman O'Boyle. Motion.carried. --Councilman Nystul moved to amend 'the minutes of the Special Meeting of April 7,, 1982 by deleting the following sentence regarding the City Attorney position. "Councilman Nystul suggested that we reject all applications, continue as we are and start the process over". Seconded by Councilman O'Boyle. Motion carried. OFFICIAL REPORTS Treasurer for February . Police Chief for March City Judge for March - Fire Department, Ist (quarter 1 Councilman Nystul inoved to accept the above noted City Official reports, Seconded by Councilman Saverud, OPEN.BIDS - Dump Truck Bids were not-opened.because of an irregularity in advertising. ADDRESSdNG THE COUNCIL 'Lloyd Shoemaker, Building Official, read the following letter of resignation: LeRoy E. McDowell Lloyd R. Shoemaker _ Mayor Building Official Department of Bui llding and Zoning KallspelI, P.O. Box 1035 (406) 755-5457 Montane 59901 px: r The Honorable LeRoy E. McDowell',.Mayor and Members of the Kalispell City Council April 19, 1982 Due toreasons of health, please accept my resignation -as Building Official— Zoning Administrator.for the City of Kalispell effective the. close of business July 30, 19826 In --the past five years I have served the City to the best of my ability and do take pride in that the department was administered in a fair and,impartial manner., I am appreciative to you for granting me the opportunity to serve in this capacity, We have encountered some real challenges, but through your efforts and backing we made Kalispell a model. for: other cities to foll-ow. I would particularly like to acknowledge the cooperation and assistance of the other department heads in the City who helped make the department function. It is my -intention, by announcing at this time, to.allow the City officials enough time to allow for my replacement. Thank you. a� Lloy R. Sh, , r Bui ding Of -ial� 0 Council members voiced regret at this, but it was decided to table this resigna- tio1i until a full Council meeting. Attorney William Astle addressed the Council, fitst by stating that he Hoped Building Official Shoemaker would reconsider; he felt the Building Department to be efficiently and professibnall.y directed -by Mr. Shoemaker. Attorney'Astle then addressed the Council regarding the•problem of non -issuance .....of a buil,d:ing permit- to Mr; Kenneth Cox and his partner, of LaSalle Road, because it is not in compliance with the master plan. Because this is a problem of Flat- head County, and not within the jurisdiction of the City, Councilman Grainger moved to refer to Annexation Committed and report back on May 3. Seconded by Council- man Saverud. Councilman Palmer voted nay. Carried. Mr. Allan Bahlke addressed the Council regarding his problem of zoning a business outside of the city limits. Again, the City has no jurisdiction in this matter. The complicated procedure of amendment process was discussed and this matter also was referred to committee. Mr. Jim Michael, of the Kalispell Taxi, with the support of Mr. Bill Crivilio, of FIFTH, addressed the Council to request 12 parking spaces in 7 locations for a special vehicle for handicapped persons. The extra space is required for use of a wheelchair lift. Councilman O'Boyle suggested that this request be presented to the Parking Commission at their May 4 meeting. Main Street reconstruction pre- sents a problem at this time, but action can be postponed until July or August. Mr. James Mohn, representing the Flathead Regional. Development Office, addressed the Council regarding creation of an S.Z.D. for West Arizona Street for an area of 8501. A petition was presented, signed by 620 of the landowners. Jim re- quested that the $150 filing fee be waived, based on the fact that this.a city street and there had never been any improvements on the street. Councilman Nystul moved to approve the waiver. Seconded by Councilman O'Boyle. Waiver approved. RESOLUTION #3401 Councilman O'Boyle moved to create S.I.D. #335 to pave Arizona Street West to Fifth Avenue W.N. Seconded by Councilman Grainger. Roll call vote. All voted aye. Mr. Kevin Calnan addressed the Council regarding installation of conduits and block outs for 44 lamp posts along Main Street and side streets. The posts will be antique, early 1900 Victorian theme. The proposal has been presented to many organizations and has been endorsed by all. Mr. Cainan's request was for a letter of endorsement from the City Council. Concern was expressed about the installa- tion holding up Main Street reconstruction, but Pack & Company have assured Mr. Calnan that the work can be done at this time with no delay in construction. The lamp posts will, later be placed along the central business district. The Mayor will send a letter of support, sans financial obligation, to the State of Montana Highway Department for this endeavor, as per Councilman Palmer's motion, This. -was seconded by Councilman O'Boyle, Motion carried. Attorney Dan Johns addressed the Council regarding the construction a; High Noon Office Building in the location of the Outlaw Inn and Grumpa's Eatin' Barn. Messrs. Buck Torstenson and Denny Boland presented a request regarding #93 abandonment to improve access to the new building. It is hoped to --begin con- struction of the building next spring. Councilman Grainger moved to refer the request to the Street & Alley Committee; seconded by Councilman Palmer. All voted aye, motion carried. Attorney Dean Jellison addressed the Council concerning City approval for a grant for engineering purposes for the Kalispell Airport Association in the estimated amount of $6,000-$8,OOU. The overall improvement project will be approximately $350,UOO, but this will be done in steps. It is expected that the cost for re- surfacing runways and taxiways will be around $110,000. Councilman Palmer sug- gested that the public be informed as to the use of the grant, as he has been receiving phone calls inquiring about this. Councilman Grainger moved that the Mayor be authorized to execute the grant application for engineering. Seconded by Councilman Nystul. All voted aye. Motion carried. COMMITTEE REPORTS PARKS No report. CITY DEVELOPMENT Councilman Saverud presented the Daily Inter Lake request for a microwave disc on City right-of-way on Washington Street in back of their building. This will require one parking space at the end of the parking lot, and they are requesting an encroachment agreement. City Attorney Neier was instructed to draw up and enter into an agreement with the Daily Inter Lake, who is open to any suggestion. Councilman O'Boyle presented a request from the Vacationer Motel for a curb cut on the north side of Washington Street for parking spaces. Councilman Saverud made a motion to refer both of the above requests to the Street and Alley and City Development Committees, to present to Council at the Regular meeting of May 3. Seconded by Councilman Nystul, Carried. 1 SAFETY No report. SEWER Councilman Nystul requested waiting for full Council meeting for second reading of Ordinance #1011. FINANCE Councilman Nystul moved that the Finance Committee be given authorization to respond to the Department of Comunity Affairs on preference between a State audit or an auditing firm for a two year audit for the period ending 6/82. Seconded by Councilman Saverud. Carried. ANNEXATION Councilman Palmer reported a memo from City Attorney Neier stating that there is a problem with the BMB Annexation. The zoning does not conform to the Comprehen- sive Plan and it looks like a change in zoning should have gone to public hearing at the same time the annexation was heard. Councilman Palmer moved to instruct the City Attorney and Flathead Regional Develop- ment Office to amend the Comprehensive Plan to coincide with existing use. Seconded by Councilman Grainger. Motion carried. An Annexation Committee meeting was set up for Monday, April 26, 1982 at 6:30 A.M. STREET & ALLEY ORDINANCE #1010 Councilman O'Boyle moved second reading of Ordinance #1010, an ordinance to amend Section 17-54 of the City Code for no parking zone. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman O'Boyle indicated that it was necessary to do a Change Order for $800- $1,000 and requested authorization for an additional $1,200-1,500 if needed, with approval by two out of 3 persons, namely, Mayor McDowell, Public Works Director Hafferman or Councilman O'Boyle. Councilman Nystul moved that this authority be given. Seconded by Councilman Saverud. City Attorney Neier will draw up the necessary authorization. Councilman O'Boyle referred to the memo from the Parking Commission dated April 6, 1982 to the Mayor and City Council regarding changes in parking regulations. Councilman O'Boyle recommended no action and Councilman Palmer suggested that there be no changes in parking regulations until Main Street construction is com- pleted. Councilman Grainger moved that a letter be sent to the Parking Commission from the Mayor regarding this. Seconded by Councilman Saverud. Carried. Councilman O'Boyle. discussed the parking problems at the new Forest Service Build- ing. He, Mayor McDowell, Police Chief Stefanie will meet with Forest Service personnel. If nothing is resolved from that discussion, signing may be necessary. MISCELLANEOUS LICENSE 4PERMIT BONDS Clarence Clapper d/b/a Ron's Plumbing 4 Heating Plumber Bond Lawrence A. Meyer d/b/a It Iz Electric Electrician Continuation Certificate Valley Plumbing & Heating Plumber Bond Councilman Grainger moved that all license and permit bonds reviewed by City Attorney Neier be approved. Seconded by Councilman Saverud, Carried, Mr. Forrest Daley reported on the Health Board meeting. He indicated that County Commissioner Henry Oldenberg was concerned about septic tanks being 100' from the floodplain. Mr. Daley also reported that the City owes $37,400 to the Health Board. Formerly this amount wds $600.00. Question on reports from establishment inspection. Mayor McDowell will attend the next Health Board meeting with Mr. Daley. Mayor McDowell announced that the Chamber would be holding Victorian Days on May 21, 22 and 23. Mayor McDowell announced the following appointments: Councilman Vidal to the Air- port Board. Moved,'.by Councilman Nystul, seconded by Howard Grainger. Carried, Councilman Grainger to the FL.- Safety Couneil.Moved by Councilman Nystul. Seconded by Councilman Palmer. Attorney Neier, Police Chief Stefanie, Councilman Grainger, Councilman Zauner and Mayor McDowell will serve on the Gambling Committee. 304 Councilman Grainger moved to adjourn. Seconded by Councilman Palmer. Approved as presented May 3, 1982.. LeRoy . McDowe , Mayor ATTEST: Marjor e Giermann, City Clerk