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05/03/82 City Council Minutes5 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M, MONDAY, MAY 3, 1982 1N THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. ALL COUNCIL MEMBERS WERE PRESENT. Council President O'Boyle presented former Councilman, Forrest Daley with a Certificate of Appreciation for his many years as Councilman and service to the City. APPROVE MINUTES Councilman Nystul moved the minutes of the Special Meeting of April 22, 1982 be approved as presented, Seconded by Councilman Grainger. Motion carried. OPEN BIDS -- 12 yard dump truck Roy Stanley Chevrolet Cashier's Check Montana Mack Manions Bid Bond Bid Bond 1982 Chev 1981 Mack 1982 In $41,996.b2 51,968.00 45,316.00 Manions (Alternate) Bid Bond 1980 1H 42,734.00 It was recommend by City Attorney Neier that bids be referred to the Council as a whole with power to act. Councilman O'Boyle moved to refer bids to Council as a whole with power to act. Seconded by Councilman Ruiz. Carried. ADDRESSING THE COUNCIL Wayne Jenson, representing the Chamber of Commerce, on behalf of Executive Vice - President Stebbins Dean and the Board of Directors, stated that the Board and City Council had selected the winning nickname for the City of Kalispell. 'Ihe winner, Clare Haffextman, was presented a $100 check for her entry, "Vacation City". Mayor McDowell proclaimed May 8th through 16th as "Clean up Kalispell and Ever- green Week", Gene Freshour, of the Production Credit Association, 1995 Third -Avenue vast, addressed the Council regamding their problem of not being able to obtain a build- ing permit for an addition on their building because of Comprehensive Plan limita- tions. Mr. Freshour requested some sort of special dispensation to go ahead with the building, Councilman Palmer indicated that the Public Hearing on BMB Annexation, which is next on the agenda, will address similar problems and a comment would be in order more appropriately at that time. Attorney Don Murray also indicated his desire to address the Council, but since this too involved zoning, he elected to wait for a more opportune time. PUBLIC HEARING - BMB Addition Mayor McDowell called for proponents to the BMB Annexation. No one responded. Mayor McDowell called for opponents to the BMB Annexation, No one responded. Councilman Palmer commented on a great deal of discussion regarding this annexa- tion not conforming to the Comprehensive Plan, A letter has been received from FRDO explaining the Flathead Regional Development Office's use of the word "compatible", when statute uses the word "conforming". City Attorney Neier indicated that the statute on annexation is pretty clear, that a piece of property cannot be annexed to the City unless it is included in, and conforms to, the Comprehensive Plan. He recommends that the FRDO as soon as possi- ble make the necessary formal recommendations for amendment to the Comprehensive Plan. He does not believe that Council can act on annexation at this time and that annexation should be held in abeyance. Building Official Shoemaker advised that zoning in City limits provides certain limitations for expansion of nonconforming uses, but are not covered under building codes, Discussion followed regarding issuance of building permits but City Attorney Neier advised against that, based on the fact that we have no statutory authority for zoning outside of the City limits; he feels that amending the Comprehensive Plan prior to issuing permits would bring suits against the City, Mr. Freshour re -addressed the Council regarding a building permit for P.C.A. The possibility of P.C.A. going ahead with building was discussed. City Attorney Neier stated that he felt an injunction could be issued to P.C.A. to stop building, Attorney Don Murray, with Murphy, Robinson, Heckathorn & Phillips, who represents Sandra and Jack McWhorter,also addressed the Council. The McWhorters also have the problem of owning property outside of the City limits, 1lU East Evergreen 1lrive, which falls within Comprehensive Plan coverage, 'they wish to construct a commer- cial facility in an area which is designated urban residential and do not qualify 306 for a building permit. Councilman Palmer moved to issue a building permit to the P.C.A. for expansion of an existing non -conforming use as provided for in current city zoning. Seconded by Councilman Ruiz, Roll call vote. Voting nay were Councilmen Vidal, Saverud, Nystul, Zauner, O'Boyle. Councilmen Grainger, Ruiz and Palmer -voted aye. Motion defeated. PUBLIC HEARING - Third Year Funding, Kalispoll Downtown Redevelopment Plan Mayor McDowell called for proponents to the Kalispell Downtown Redevelopment Plan. No one responded. Mayor McDowell called for opponents to the Kalispell Downtown Redevelopment Plan. No one responded. Councilman Saverud, for the record, stated that the Public Hearing was scheduled as required by law. This 1.5 million grant has been previously approved by HUD. The request for Fiscal Year 1982 is for $453,000. Included -in this third year activity are Leveraging agreements with First Federal savings 4 Loan and first Northwestern National Bank. Community Development Corporation Director Ed Gallagher indicated that the State of MT has honored the Letter of Intent for third year commitment. Documents are being pre- pared to send to Helena. After the third year we will have to be competitive with other cities in the state. The cities included in this commitment are Kalispell, Butte, Missoula, Polson and. -Shelby, Monies for this program will be expanded; 6.1 million dollars will.be available, It is estimated that this funding level will continue until 1987. Dale Monson, Vice -President of First Northwestern Bank,indicated the support of the bank for this program for the upcoming year. Chamber of Commerce Executive Vice President Stebbins Dean, not as an official rep- resentative of the Chamber, commented on his association with Community Development and stated that he thinks it is a tremendous program, COMMITTEE REPORTS PARKS.; RECREATION:; AIRPORT Councilman Vidal reported on several meetings of this Committee. A Tennis Meeting was held in April to set up policies in the summer program. A meeting was also held with the baseball people in April. Procedure for operating the concession stands was dis- cussed. These stands will be operated by leagues only.: On April 26 another Parks Committee meeting was held to discuss BOR funding on Dry Bridge Park. The property is now owned by the City. The Committee recommended that an engineering study be undertaken. Funds are budgeted in the BOR, according to Parks Superintendent Drent. 'ro match funds, an additional.$2,OOU would be required from the future budget. Discussion followed as to the necessity of the engineering study. The question of drainage was discussed. Parks Superintendent Drent submitted information to the Council last year, listing four options regarding Dry Bridge Park. Since guidelines are needed, a decision is requested from the Council. Councilman Vidal moved that the engineering study be approved to give us some answers as to what will be the best alternative in that area. Seconded by Councilman O'Boyle. Roll call vote, Councilman Nystul voted nay; all other Councilmen voted aye. Carried. Another topic of the April 26 meeting was the present status of the swimming pool. Sand blasting is removing the concrete, It is estimated that paint for the pool will cost around $1,SO0. -If it remains unpainted,'the pool will have to be drained and cleaned several times during the summer because of algae problems. The feasibility of opening the pool at all this season was. discussed by the Committee. Council recommendation is being.requested on this. Parks Superintendent Drent stated that he felt the paint would not last with chipping as it presently is, but recommends patching as best we can and periodic cleaning. He felt that it would be out of operation for about Z days while cleaning is done. The rough sides, bottom and algae problems would still exist. Councilman Zauner moved to patch the pool to the best of Parks Department personnel ability and use as a stop gap situation this year and.present to taxpayers of the City next year. 'Seconded by Councilman Saverud, All Council members voted aye, with the exception of Councilman Ruiz, who voted nay. Motion carried. City Hall Parking Lot landscaping was discussed, as well as an airport proposal to the Council, at the April 16 meeting. Attorney Ken O'Brien.,and Mr. Bob Monk attended the meeting. It is requested that 3U' of 1and be deeded from the City to Mr. Monk for a roadway south of the airport, An easement across the runway is also requested for installation of sewer lane. City Attorney Neier advised that clarification was required regarding the 40' easement. Councilman Vidal moved that the easement agreement be accepted, as re -written by the City Attorney. Seconded by Councilman O'Boyle. The revised agreement .is acceptable to Attorney O'Brien. After the pipe is put across the runway, City sewer hook-up will be charged; there will be no waiver of fees, Director of Public Works Hafferman will recommend pipe size. Mayor McDowell was authorized to sign the agreement after a title search has been completed. Roll call vote, all voted aye. Carried. Councilman Saverud stated that he has been approached by a gentleman recently who inquired if the City was interested in selling any of the land owned in the old Demarsville cump site area, Councilman Saverud was not sure how much, if any, of this land was owned by the City. Mayor McDowell will have this checked out. If land is owned, the matter will be brought back to Council for consideration of sale. ANNEXATION Attorney Don Murray, on behalf of Sandra and John McWhorter, stated that their land is in the area on LaSalle Road which the Master Plan has designated as an area of urban residential use, Attorney Murray asks that the Council not assume responsibility for enforcing the Master Plan, but to view cases on individual basis, or refer to the County Commissioners. He further requests that the City discontinue its practice of issuing or denying building permits, based exclusively on Master Plan recommendations. Councilman Palmer moved to set a policy to issue building permits outside City limits in jurisdictional area for non -existing structures and land use equitable for both. Until such time as we have a non-discriminatory policy, he would recommend that we issue building permits. Seconded by Councilman Ruiz. City Attorney Neier, based upon the Little case, felt that by granting permits in these cases we are subjecting ourselves to liability from individuals whose property is affected by an indiscriminate policy, we subject ourselves to liability regardless of the action we take. Mayor McDowell indicated that in a recent meeting, County Commissioners Wollen and Oldenberg stated that they were willing to meet with the Council to discuss zoning policies when Commissioner Diest returns. The Mayor will be setting up this meeting, as soon as possible. Councilman Grainger suggested that the Council, Mayor and Commissioners meet at the earliest possible time and lay down the changes discussed at this Council meeting. Question called, Councilman Palmer voted aye, all others nay, motion defeated. Councilman Palmer moved amending the Comprehensive Plan with endorsement to LaSalle Road being zoned commercial. Seconded by Councilman Grainger. All Councilmen voted aye. Carried, SAFETY Councilman Grainger stated that under City Code Section 18-5 (Nuisances owned by non-residents), we have a case in hand that he felt we should instruct the Fire Mar- shall and Building Inspector to correct. The problem is at 1404 Third Avenue East. The b ildixag. cans itates;_ a safety hazard, it is about to collapse; weeds are growing all over the premises. Councilman Grainger moved to direct City Building Official and Fire Marshall to allev- iate the problem as soon as possible. Seconded by Council Saverud. Because there is no way of contacting the owner, we have the ability to do this by Council action. Pictures were taken of the area and it was believed there was enough visual evidence for this action. Mayor McDowell instructed the Police Chief to have his department take more pictures from different approaches. All Councilmen voted aye. Carried, SEWER 4 WATER ORDINANCE #1011 Councilman Ruiz moved second reading of Ordinance 1011, an ordinance amending Section 2.06 of Ordinance. #862, Kalispell ,City Code, Seconded by Councilman Grainger. --Question called. Roll call vote. Councilmen Vidal, Saverud, Grainger, Zauner, Ruiz, Palmer and O'Boyle voted aye. Councilman Nystul voted nay. Carried. Councilman Ruiz set a meeting for the Sewer € Water Committee for Wednesday, May 5, at 4:00P.M. and would like all Council members to attend., Water Superintendent Jeff Hughes made an announcement of a temporary water shut --down on Wednesday morning in the Southeast area of town for repair of a faulty valve. He anticipates shutting down at the corner of Woodland Avenue and Sth Avenue East to dis- continue service to the south and east of that point. This will be for a period of about 4 hours, starting at 9:00 A.M.',It is anticipated that service will be restored by 1:00 P.M. A public service announcement will be made. FINANCE Councilman Nystul reported that the Finance Committee met and reviewed the claims and moved that all claims found to be in order by the Finance Committee be approved for payment. Seconded by Councilman Zauner, All Councilmen voted aye. Carried. EMPLOYMENT Councilman Zawier advised that he had been in contact with the negotiation attorney for the City. He intends to talk with City.Attorney Neier and has set a meeting for Monday, May 10 tentatively, for a meeting of the Committee and Council as a whole for 3:30 P.M. STREET & ALLEY Councilman O'Boyle stated that the Committee had looked at the site of the requested disk at the parking lot of the Daily Inter Lake and it is the Committee's recommendation that the parking space closest to the marked off area be granted and if there is a need for encroachment on City property, he believes it can be granted. Councilman Saverud moved that the President of the Council be authorized to discuss this with the Inter Lake -publisher regarding the possibility of using the northeast parking space with some minor improvements. Seconded by Councilman Ruiz. Councilman Vidal stressed the desirability of shielding the disc from public view. All Councilmen voted aye. Motion carried, Councilman O'Boyle stated that it was the recommendation of the Committee not to permit the Vacationer Motel's request for city property parking. Seconded by Councilman Zauner. All Councilmen voted aye. Motion carried. MISCELLANEOUS Mayor McDowell requested confirmation of Ed Myers to the parking Commission. Motion by Councilman Saverud for confirmation. Seconded by Councilman O'Boyle, All voted aye. Carried. Mayor McDowell requested confirmation of reappointments of the following Board of. Adjustment members: Al Miron, Marion O'Neil, Dr. M.E,K, Johnson, Richard Nelson, Harry Taylor, Councilman Ruiz moved to accept confirmation. Seconded by Councilman Nystul. Carried. Mayor McDowell requested confirmation of reappointments of the following Board of Appeals members: Karen Barbee, William Heinecke, J. R. Erickson, Joe Montgomery, Charles T:illson. Councilman Nystul moved to accept confirmation. Seconded by Councilman Zauner. Carried. Mayor McDowell requested confirmation of Victoria Walters to replace Patty Long as Board Secretary. Councilman Zauner moved to accept confirmation, seconded by Councilman Nystul. Carried. LICENSE $ PERMIT BONDS Karl B. Lambson d/b/a Lamson Plumbing Plumber Bond Norbert Charbonneau d/b/a Ace Plumbing & Heating Plumber Continuation Certificate Councilman Grainger moveddthat all license and permit bonds reviewed by City Attorney Neier be approved. Seconded by Councilman Nystul. Carried. Councilman Nystul scheduled a Finance Committee meeting for Thursday, May 6, at 4:00 P.M, The Council will meet as a whole during the Employment Committee meeting at 3:30 P.M. on May 10 to review truck bids. Councilman Saverud moved to adjourn. Seconded by Councilman Grainger. Carried. Approved as presented May 17, 1982 c owe T, Mayor ATTEST: Marjori Giermann, City Clerk