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05/17/82 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M, MONDAY, MAY 17, 1982 IN THE COUNCIL CHAMBERS AT.CITY HALL,.+MAYOR McDOWELL PRESIDED. ALL COUNCIL MEMBERS WERE PRESENT. APPROVE MINUTES Councilman Zauner moved the minutes of the regular meeting of May 3,.1982 be approved as presented. Seconded by Councilman Vidal. Motion carried, CITY OFFICIAL REPORTS Treasurer for March Police Chief for April City Judge for April Councilman Nystul moved to accept the above noted City Official reports as presented. Seconded by Councilman O'Boyle. OPEN BIDS - S.I.D. #334 Construction(Washington Street) Pack 4 Company Bid Bond $8,944.00 American Asphalt Bid Bond $9,920.00 Councilman Grainger moved to refer the bids to the Street 4 Alley Committee with power to act. Seconded by Councilman Zauner, Councilman Nystul stated that he assumed that the Street 4 Alley Committee would not act until the bonds have been sold, Motion carried. PUBLIC HEARING - GERARD ADDITION #144 Mayor McDowell called for proponents to the Gerard Addition, No one responded. Mayor McDowell called for opponents to the Gerard Addition. No one responded. ORDINANCE #1012 (First Reading passed on June 7, 1982 — See corrected minutes June 7, 1982) Councilman Palmer moved first reading of Ordinance #1012 an ordinance to provide for alteration of the boundary of the City of Kalispell by including therein, as an annex- ation, certain realty to be known as Gerard Addition No. 144, to zone said realty as General Commercial B-3 District and amend the city zoning map accordingly. Seconded by Councilman Saverud. Roll call vote. Councilman Zauner abstained. All other Councilmen voted aye. Carried. ADDRESSING THE COUNCIL Gordon Pirrie addressed the Council on behalf of the Parking Commission. He proposed that the City secure bids for the proposed parking lot by Montana Hall. School District has given a tentative go-ahead. This has been discussed with the City Attorney and it is hoped to create a revenue bond, There is a 5 year lease at $1.00 per year. 100% of revenue would be used to reduce improvements. At the end of the pay -out period, the School District would receive 70%, the City 30%. Preliminary estimate is $28,000+. School District will accept up to $30,000. Life of bond would be 5 to 10 years, depend- ing upon revenue. Mr. Pirrie stated that the phone company will have need for another 36-38 spaces be- cause of a change in utility vehicle use. Also, FVCC will encourage monthly rental to students. Question regarding City's responsibility if revenue fails, Finance Director Swanson stated that/the Parking Commission request, he has prepared a statement for the last 5 years and a forecast for next year. He stated that lots are empty and does not wish to find the City responsible if bonds default. Councilman Saverud reminded that the lot Mr, Swanson referred to had a back-up system for payment, this does not revolve as a general obligation against the City. Councilman Ruiz requested feedback on the parking lots and removed parking meters financial structure. Councilman Nystul stated that he has requested from the Parking Commission a breakdown of revenue from all parking lots. Councilman Palmer recommended that the proposal be tabled, the City Attorney will check out bond sale, maintenance aspects and will report this information.to the Parking Commission at the May 18th meeting. 7S�Lf�HIVG DISTRICT Mr. Kevin Calnan, of Main Street Realty, addressed the Council with an up -date on set- ting the Lighting District. The Committee has met with at least80% of property owners to set up petition for this District, The City Attorney has outlined steps for the Committee to follow. Mr. Calnan requests that the Council ask the City Attorney to set up publications for a public hearing. 1 RESOLUTION #3402 Councilman Saverud moved that a resoitktion be passed of intention to create an S.T.D. for special lighting in the central business district in the amount of $75,000. Seconded by Councilman Zauner. Discussion --followed. Councilman Ny,5.ul explained that at this stage, the area will be Special Lighting Construction District, After the lights are installed, it becomes a Maintenance District. Councilman Saverud stated that the local lending institutions have agreed that as soon as paperwork is completed, they will purchase the bonds. Councilman Nystul advised that at the end of the term, five years, the parcels within the.District are no longer assessed any charge for the initial construction. They will be assessed for usage after that period of time. The lights will be metered and once a month the Maintenance District will be billed. Usage can be controlled by a timer. Director of Public -Works Hafferman explained that this situation is a little different than normal Lighting District as the City owns these lighting standards. Question,called, Roll call vote. All voted aye. ,Carried, COMMITTEE REPORTS CITY DEVELOPMENT Councilman Saverud moved that we remove from the table the resignation of Building Inspector Lloyd Shoemaker. Seconded by Councilman Nystul. Motion carried. Councilman Saverud then moved that we accept the resignation of Lloyd Shoemaker as Kalispell Building Official effective July 30, 1982, with gratitude for a job well done. . "Seconded by Councilman O'Boyle. Motion carried.-- Councilman Saverud moved that the Mayor, the Council President and the Chairman of the City Development Committee meet to review the procedure for the selection of a replace- ment for this position and report back to Council. Seconded by Councilman Zauner. All voted aye. Carried. SAFETY Councilman Grainger advised that the minutes of the Safety Committee meeting of May 13 have been distributed. One change was announced for the minutes. The planned meeting with the Police Department for May 18 will not include review for promo- tional process within the Department.' Only the City Attorney and Councilmen 'Vidal and Palmer will be attending the Departmental Meeting . Councilman Grainger mentioned the possibility of another Safety Committee meeting this Thursday, but will advise the Council of details later. SEWER & WATER Councilman Ruiz moved to adopt the proposed amendment to Resolution #3385 to the Water Department Rules and Regulations. Question called, Seconded by Councilman Nystul. All Councilmen voted aye. Motion carried. Councilman Ruiz moved to direct City, Attorney Neier to prepare an amendment to Reso- lution #3385 to the Kalispell Water Department Rules and Regulation. Councilman Nystul seconded the motion, Carried, FINANCE RESOLUTION #3403 Councilman Nystul moved to enact Resolution #3403,: a.resolution amending Resolution #3394 „ and approving certain terms of �1,400,000-Tridustrial Development Revenue Bonds (Jewel Companies, Inc, project) series 1982 of the.City of Kalispell, MT, in the absence of a representative of that firm, Seconded by Councilman Ruiz. Roll call vote, Councilman O'Boyle voted nay, Council- man Palmer abstained, All other Council members voted aye, Carried. Councilman Nystul requested authority from the Council to solicit proposals from local accounting firms for the annual audit, and moved to authorize this solicitation for proposals for the regular 2 year audit for the -.fiscal year ending June 30, to local accounting firms. Seconded by Councilman Ruiz. All voted aye. Carried. 1 11 EMPLOYMENT Councilman Zauner announced.that immediately following the regular meeting, the Employ- ment Committee would convene to discuss negotiations, ANNEXATION - Kalispell Medical Arts Addition Councilman Palmer announced that at an earler committee meeting there was some concern about the radius at the Medical Arts Addition. This has now been addressed to the Flathead Regional Development Office, with recommendations. He moved that the resub- division of the Kalispell Medical Arts Addition be approved.with the six amendments, Seconded by Councilman Grainger. Councilman O'Boyle expressed concern about ingress, egress on Conway Drive. This is a blind corner and he feels that more radius is needed, and requests have been made for another lane. Fire Chief Doty indicated that there was not too much of a problem right now and Director of Public Works Hafferman stated that the road previously ex- isted, and did not know how the ills of the past could be cured at this time. Street Foreman Clements stated that there was a slope problem in winter. Councilman O'Boyle felt that a 25' cut in radius was essential because of more traffic developing in the area. Councilman Nystul recommended that the Director of Public Works and Chief of Police investigate the area. Councilman Palmer withdrew his motion; Councilman Grainger withdrew his second, to refer the matter back to the Street & Alley Committee. Councilman O'Boyle felt this should be checkAut by both the Fire and Police Departments, Councilman Palmer then moved to act on the resubdivision, subject to the approval of the Street & Alley Committee. Seconded by Councilman Grainger. Councilman Saverud stated that he would rather have the Street 4 Alley Committee re- view this area, then call a special meeting, if needed. Councilman Palmer withdrew his motion, Councilman Grainger withdrew his second, Councilman Palmer then referred to the Jack Heller Zone Change request. This is to change from Residential R-4 to B-2 Neighborhood Professional, He reports that tk ere is no problem with the parking requirement, nor do the Fire and Police, Departments have any problem with this change. This property is located at the SW corner of Wyoming & Sunset Boulevard, Councilman Palmer moved to set a public hearing for adoption of zone change for Lot 12 Block 235, Kalispell Addition #60. Seconded by Councilman Nystul. Roll call vote, Councilman Ruiz voted nay, all others voted aye. Carried. Councilman O'Boyle inquired about changing legal ads to a more noticeable format in the newspaper; they are too often overlooked. Dan Black, of the Daily Inter Lake, stated they would be glad to publicize stories and registered protest over several issues that show up under Committee reports only on the agenda. Present form of agendas make it difficult to advise the public of meetings unless they appear on the agenda. Usually items under committee reports that are not advertised are some of the more significant things discussed at council meetings. The-,-! Mayor assured Mr. Black that we would try to give him more information. Don Schwennesen, of the Missoulian, agreed that it would be more helpful if he knew what was coming up under committee meetings. Councilman Grainger asked if minutes of committee meetings would be of any help and both agreed that copies would certainly be a help, RESOLUTION #3404 Councilman Palmer moved for adoption of Resolution #3404, a resolution of intent to annex Outlaw Inn, Annexation #145, located on Third Avenue East and the corner of 14th Street. This will be B--6 zoning, Also, intent to set date of public hearing. Roll call vote. All voted aye. Carried, STREET & ALLEY Councilman O'Boyle moved to accept the bid from Manion for a 1982 International 12 yard dump truck with automatic transmission for the sum of $45,316.00, plus $650 for an additional year of extended warranty coverage, Seconded by Councilman Zauner. The warranty was discussed and it was decided to exclude the warranty feature. Both Councilman O'Boyle and Councilman Zauner withdrew motion and second for warranty. All voted aye for award.of the bid without the extended warranty. Carried. 31, Councilman O'Boyle stated that the City Development and Street & Alley Committees had reached an agreement with the Daily Inter Lake and moved for acceptance of the agreement to place a dish on their parking space not encroaching over 3' on City property with the understanding that it would be removed at the City's request. A fence and land- scaping will be placed at the area. The City Attorney will draw up the agreement. Seconded by Councilman Palmer. All voted aye. Carried, Councilman O'Boyle advised the Council that he had received a letter from Tru Mix Con- crete Company, indicating no price change for the period of June 1, 1981 through June 1, 1982, and no anticipated price change through June 1, 1983 for curb, gutter and side- walks. The letter was referred to City Attorney Neier for edification, Councilman O'Boyle stated that an agreement was reached with BN and a telegram is forth- coming to confirm the 25' raaius. We have agreed to pay to BN $1,500 for a 720 sq. ft. radius off Highway #93 to Center Street. Councilman O'Boyle moved for this agreement to be accepted. Seconded by Councilman Kunz. All voted aye, Carried. Councilman Palmer stated that he BNB Annexation was discussed at the 6:30 A.M. meeting of the Annexation Committee this date, but he wishea to aiscuss this further with the other Council members. BNB is requesting annexation to fhe..City, City A tit -.':-Meier advised that BW originally"applied for annexation under General Com- mercial zoning. They are now requesting residential zcn.ing, If this is done, immediately it becomes non -conforming use. Their application is commercial rather than residential form. City Attorney Neier stated that he has written letters to all of the attorneys in- volved with zoning problems, and at a later date, a letter to Mr. Bache, He has also written to FRDO Nick Verma requesting he initiate process of amending the Master Plan as it applies to annexations, Mayor McDowell stated that he has instructed Mr, Verma to got started on critical zoning areas and another meeting will be set with the County Commissioners as soon as possible. PARKS, RECREATION & AIRPORT at Councilman Vidal reported that park employees recently/a swimming pool workshop, sponsored by the Department of Health. Later, On May 12, an inspection was made of Bruckhauser Pool. A detailed report has been received specifying the areas of non-conformance to Department of Health regulations. Critical violations must be corrected before the pool opens, Councilman Vidal recommends that we consult an expert on an opinion as to how to deal with the violations and requirement to render the pool operable. Discussion followed as to how to approach the problem this summer, Councilman Ruiz, as a former Health Board member, felt that the pool should be shut down now, that we are do- ing the public a disservice by reopening this year --we are bandaiding the pool every year, and it is in a non-functional location. Parks Superintendent Drent stated that the chlorination system requirement had to be taken care of, as well as the ventilation problems being remedied, He stated that we have no guarantee that the pool will remain open throughout the summer with algae, other problems. It could cost a million dollars to build a new pool with $200,000-$300-00 for repairs. Very minimal repairs would be around $2,000. Councilman Nystul moved that the pool be opened on a short run this summer, to close next year. If, it is-._po.%sih1e'.to .open,the ,pool this year within Parks Superintendent Drent's budget then a decision should be made after this summer for a long run plan. Seconded by Councilman O'Boyle. Councilmen Zauner and Ruiz voted nay, all others aye, Carried. Councilman Vidal moved that Parks Superintendent Drent and Mayor McDowell approach a pool expert for evaluation and recommendation of the pool. Seconded by Councilman Nystul, All Councilmen voted aye. Carried. MISCELLANEOUS Mayor McDowell requested permission to be out of state from June 5-19 for summer encampment for National Guards. 1 Councilman Grainger made a motion that permission be granted, Seconded by Councilman Nystul. All Councilmen voted aye. Councilman O'Boyle called a meeting of Council members and the Mayor for a work session/ discussion to be held on Thrsday, May 20, at 4:00 P.M. at the Outlaw Inn. Arrangements will be made by Councilman O'Boyle for a meeting room. Councilman Ruiz set a meeting for Tuesday, May 25, at 4:00 P.M. for the Sewer & Water Committee. Councilman Zauner moved to adjourn. Seconded by Councilman Grainger. All voted aye. Meeting adjourned. Approved as corrected June 7, 1982. ATTEST: ,—Mayor Marjor' Giermann, City Clerk