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06/07/82 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY0 JUNE 7, 1982P IN THE COUNCIL CHAMBERS AT CITY HALL, ACTING MAYOR OtBOYLE PRESIDED. MAYOR McDOWELL EXCUSED FOR NATIONAL GUARD DUTY IN BOISE, IDAHO. COUNCILMEN RUIZ AND PALMER EXCUSED FOR GRADUATION OF DAUGHTER AND SON RESPECTIVELY. APPROVE MINUTES Councilman Saverud corrected the minutes of May 17, 1982 to delete the first reading of Ordinance #1012. City Attorney Neier has informed Council that the first reading should not be less than 7 days after the public hearing. Minutes will be so corrected. Councilman Zauner moved to approve the minutes of the May 17, 1982 meeting as corrected. Seconded by Councilman Vidal. Carried. ADDRESSING THE COUNCIL Acting Mayor O'Boyle made three calls for anyone wishing to address the Council. No one appeared. COMMITTEE REPORTS SAFETY Councilman Grainger had no report. SEWER & WATER In the absence of Councilman Ruiz, who is attending the graduation of his daughter, Council- man Nystul reported for the Sewer & Water Committee. RESOLUTION #3405 Councilman Nystul moved to adopt Resolution #3405, a resolution to amend Resolution #3385 by amending Rule 11 (3) of the operating Rules and Regulations for the City of Kalispell Water Department. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3406 Councilman Nystul moved to adopt Resolution #3406, a resolution to amend Resolution #3385 by amending Rule V (5) of the operating Rules and Regulations for the City of Kalispell Water Department. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3407 Councilman Nystul moved to adopt Resolution #3407, a resolution to amend Resolution #3385 by amending Rule V (8) of the operating Rules and Regulations for the City of Kalispell Water Department. Seconded by Councilman Saverud. Roil call vote. All voted aye. RESOLUTION #3408 Councilman Nystul moved to adopt Resolution #3408, a resolution to amend Resolution #3385 by adding Rule XXI, establishing policy, to the operating Rules and Regulations to the City of Kalispell Water Department. Seconded by Councilman Saverud. Roll call vote. All voted aye. " EVERGREEN SEWER Councilman Nystul reported on a Sewer & Water Committee meeting with the Evergreen Sewer Committee. When Stahly Engineers did the 201 Facility Study, Evergreen was included. The Evergreen Sewer Committee is asking that the City of Kalispell administer a grant for a further study of the feasibility of establishing a sewer district which will hook up to our Wastewater Treatment Plant. The grant would be financed by EPA and Evergreen. Paul Stokes, Stahly Engineers, stated that EPA is not writing new grants, but this would be an eligible grant under our existing one, Now is the time to get their local share or drop it. He recommended that the City write a letter to the Evergreen Sewer Committee, stating they will administer the grant and the committee can take it from there. It will not affect any of the City's grants, but is just a matter of cooperation. The study would cost approximately $55,000 to $60,000 and Evergreen will have to come up with 20% of the cost. Councilman Vidal asked if .there has been any talk of annexation if we extend sewer service. Councilman Nystul replied that there has been no talk of annexation but is merely a request to administer a.study for an Evergreen collection system through a planning grant. If they receive a grant and eventually establish a collection system, it will tie in with our plant and an agreement will be made whereby they will probably store until night when our load is down. Councilman Nystul moved that the Mayor be authorized to write a letter to the Evergreen Sewer Committee stating we are willing to administer a grant if they come up with their share and obtain same. Seconded by Councilman Grainger. Carried, FINANCE Councilman Nystul reported the Finance Committee met and reviewed May claims and moved that all those found to be in order be approved. Seconded by Councilman Saverud. Motion carried. 314 City Attorney Neier explained that our Council. -meeting dates are set by ordinance for the first and third Monday- of each month. When a holiday falls on a Sunday and Monday is a legal holiday, there is a problem and he is asking the Council to pass a resolution to make it legal to meet the following day. RESOLUTION #3409 Councilman Nystul moved to adopt Resolution #3409, a resolution to alter a Council meeting date if a holiday falls on the regular date. Seconded by Councilman Vidal. Motion carried. EMPLOYMENT Councilman Zauner reported that negotiations have begun with all three unions, but there will be another meeting before he has a report for the Council. STREET & ALLEY PARKING COMMISSION PROPOSAL FOR MONTANA HALL Councilman Zauner, reporting for the Street and Alley Committee, stated that their committee would like to study the proposal for a parking lot at Montana Ball. There will be a meeting next week. Councilman Zauner moved to refer the proposal to the Street and Alley Committee and report back next meeting. Seconded by Councilman Saverud. Motion carried. Councilman Zauner moved to authorize the Department of Public Works to call for bids for aggregate. Seconded by Councilman Nystul, Our present contract expires June 30th. It will be on a unit price basis and not binding on quantity. Motion carried. Councilman Zauner reported that the Street $ Alley Committee awarded the bid for Washington Street paving (S.I.D. #334) to Pack & Company, for the amount of $8,944.00. Gordon Pirrie, Parking Commission Chairman, asked if we can get the paving for Montana Hall parking lot into this fiscal year. Acting Mayor O'Boyle replied there would be no problem if approved. PARKS $ RECREATION Councilman Vidal reported the summer tennis program ready. News media and posters will tell when and where to register for lessons. Work is progressing on the swimming pool. They will try to open on June 20th, run a week and then start lessons. Again, the news media will have the notice of opening and when lessons will begin. Councilman Vidal reported that Superintendent Drent has written to a pool expert in Billings for an estimate on repairing the pool, He will be here in three weeks,when he previously planned to be in Kalispell. Councilman Vidal reported a concerned resident in the Courthouse area has inquired about the scheduled Art in the Park display because of heavy traffic on First Avenue during Main Street construction. The resident was assured that Chief Stefanic will be using added patrol in the area, Superintendent Drent reported vandalism in Woodland Park during Canadian Days, but it is not known if the damage was done by local or Canadian persons. Fences were gone, two small fireplaces lost, five picnic tables and one garbage unit were in the lagoon, and there was garbage strewn all over the .Park. It took three men two days to restore order. Damages ran several thousand dollars. The 10:00 o'clock curfew needs to be enforced to insure that this will not happen again, ANNEXATION In the absence of Councilman Palmer, whose son is graduating tonight, Councilman Saverud reported for thel-Annexation Committee. ORDINANCE #1012 Councilman Saverud 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 annexa- tion, 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 Nystul. Roll call vote. Councilman Zauner abstained. All others voted aye. First reading passed. The Annexation Committee has been approached by Flathead 'Valley Community College on annexation of 40 acres adjoining the City. The property is owned by Jack and Evelyn Hutton. The college has taken an option to buy for a possible campus. The petition will be discussed at City -County Planning Board meeting tomorrow night. RESOLUTION #3410 1 1 Councilman Saverud moved to adopt Resolution #3410, a resolution of intention to annex the Hutton property, Seconded by Councilman Nystul, Roll call vote. All voted aye. CITY DEVELOPMENT Councilman Saverud reported that last week a representative of Glacier Park Company, land developing subsidiary of BNRR, met with Flathead County Commissioners; Mayor McDowell; Ed Gallagher, Director of Kalispell Community Development Department and the City Development Committee. The following Joint Declaration is a result of that meeting! JOINT DECLARATION Following preliminary discussions among officials of Flathead County, the City of Kalispell, the Kalispell Community Development Department and'Burlington Northern, it has been agreed that the City and the County will begin negotiating for a mutual exchange of property with Burlington Northern looking toward the acquisition by the County of a site upon which to locate a jail -judicial facility for Flathead County and, eventually, facilities for all County offices. The tract being considered is of substantial acreage and located in the heart of the City of Kalispell, bordered by Montana Street, Center Street, Main Street, and Third Avenue East, Acquisition of the site by an exchange or exchanges of pro- perty would provide a number of advantages to both the City and the County, es- pecially the acqui�ifion of a County building site without expenditure of tax dollars. Therefore, the undersigned officials of Flathead County, the City of Kalispell and the Kalispell Community Development Department jointly declare their intention to explore this option and negotiate with Burlington Northen a mutually beneficial property exchange. FLATHEAD COUNTY BOARD OF COMMISSIONERS /s/ Joan A. Deist, Chairman i- /s/ LeRoy McDowell, Mayor City of Kalispell a /s/ Melford R, Woilan, Member /s/ Henry Oldenburg, Member /s/ Edward J. Gallagher, Director Kalispell Community Development Department June 3, 1982 Councilman Saverud said there seemed to be a genuine eagerness on the part of BNRR for several reasons. One reason is the safety hazard of the railroad tracks, BNRR indicated they will eliminate all but one main track, whether the rest of the agree- ment goes through or not. MISCELLANEOUS Acting Mayor O'Boyle read the following letter>on the reconstruction of Meridian Road: Continued P.O. Box 1000 KALISPELL. MONTANA 59901 (406) 755-5300 May- 26, 1-952 Mr. Francis O'Boyle'•: Hali.spell , City Council P. 0. Box`'.1035 Kalispell, Montana`. 5990 _ Dear Mr'.. { O'Boyle: The. Board of County Commisslonear•s and ' the County Road Super- intendent, Charles Phillips, have disq'tssed a'cooperative plan between the City of Kalispell -and the.'County for the recon- struction and paving of Meridian Road..from Highway 2 to Highway 93.._.:Due•to'the 'critical condition of this road, and realizing the pressure the City of Kalispell has received to upgrade.the road, the county will be willing to assist the City by doing the following... 1 The Flathead County Road -Department will. half-sole Meridian 'Road. -from. Highway,.2 north to the Circle K, provided this section is blade patched by the City of Kalispell -- From the Circle-X north'. to. Highway 93, the City of Kalispell is to,rebuild the exist ang'roadway.and.prepare it for an oil rtiatt..,,'Flathead County will_ Unix and lay a 3 to 4 inch matt on. this section; - The .zty of Halispell :wi.11.:--furnish: the: oil •.for both sections. T%Tith the. County and City working together, a much needed project ,could be"accomplished. We.sincerely hope a cooperative plan and agreement can be reached,.''.:. . Very truly yours,_ - BOARD OF COUNTY COMMISSIONERS Joan A. ist, Chair an Henry denburg, Memb Melfokd.R. Wollan, Member Councilman Nystul stated that .Councilman O'Boyle has been negotiating on re- construction of Meridi-an Road with Commissioner Deist for a long time and extended his appreciation on behalf of the residents of Ward One. Acting Mayor O'Boyle reported a letter from BNRR stating they will grant an easement for the -truck turning radius at Main and Center Streets, for the amount of $1,500..00 and the City will accept the easement and prepare the, radiuts..'The'City has also gained a 5! walkway.. CD 1 Acting Mayor O'Boyle read the following letter: 1 DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES TEDSCHWINOEN. GOVERNOR Phone: 449--2691 COGSW ELL BUfLOfNG - - STATE OF MONTAI A May 19, 1982 HELENA, MONTANA 59620 Mayor and Town Council. Box 1035 Kalispell, i+ofitana 59901 .Gentlemen° We are pleased to inform you that after passing the examination given on Karch 20, 1982, Gene Garner has been fully -certified as a Class 2A Operator, and _Steven Cox is art gperator in- Training for 'Class _ 14, Cperatoro Certification is awarded in accordance with the provisions of MCA 37-42--101 to 37--42-322 which requires all water and wastewater treatment plants in Montana to be under the supervision of a certified operator. The examination requires considerable time in study and preparation, and the Board felt you should ]now of this accomplishment. it represents a lot of hard work and initiative on the par'- of the individual. .` Thank you for your cooperation in meeting the requirements of the certification law by having -qualified personnel supervising. your plant. Sincerely, Da G. Will.ens, P. Ea Director,. Water and Wastewater Operator Certification rf 1 'AN EQUAL OPPORTUNITY P EMPLOYER" TEMPORARY ALLEY SIGNS With Main Street Reconstruction Project coming up, businesses are placing signs in the alleys. Last week a camper which had been through the alley many times without a problem struck a.newly erected sign. The owner was issued a ticket. After dis- cussion on how signs should be erected and who should..authorize, the Council agreed to allow only.flus�h mounted signs and designated either the Mayor, Chief of Police or,Build.ing Official to authorize. 31. Councilman Vidal commended Parks Superintendent Drent on the beautiful landscaping around the older part of City Hall, The old City Hall sign has been set in cement for posterity, shrubs and trees have been planted along the north side which is finished with red rock. Petunias adorn the front area, City Attorney Neier is waiting the ownership report to proceed with the old-- fashioned downtown lighting S.I.D, OUTLAW INN SEWER 4 WATER REQUEST After discussion on the request for City sewer and water service while annexation is taking place, and discussion on the quonset building which is being moved onto the lot, which does not neet minimum building codes, Councilman Nystul moved to refer to the Sewer & Water Committee for recommendation and report back. Seconded by Councilman Zauner. Carried, Councilman Zauner will be out of town from Friday through Tuesday. Director of Public Works Hafferman requested that a ski tow rope stored at Lawrence Park is in the way and he has an offer to buy and would like Council permission to sell. Discussion as to whether the City ever paid Big Mountain Ski Corporation for it, as we were never able to use it. Councilman Zauner moved to refer the problem to the Parks Committee with power to act. Seconded by Councilman Zauner; Carried, BUDGET Councilman Nystul reported that the budget process for the coming fiscal year is started. Department Heads should inform the Finance Committee now if they have any projects for the new budget, Councilman Grainger moved to adjourn, Approved as presented June 21, 1982 ATTEST: b4arjori Giermann, City Clerk Seconded by Councilman Nystul, Carried, Francis T, OTBoyle, Act ng Mayor