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07/06/82 City Council Minutesr a q THE REGULAR MEETING OF THE KALISPELL CITY, COUNCIL WAS HELD AT 7;30 P,M, TUESDAT, JULY 6, 1982 IN THE COUNCIL CHAMBERS AT CITT HALL. MAYOR MCDOWELL PRESIDED. COUNCILMAN VIDAL ABSENT, ALL OTHER COUNCILMEN'PRESENT, APPROVE MINUTES Councilman Saverud moved that the minutes of the Regular Meeting of June.21, 1982 be approved as presented, Seconded by Councilman OSBoyle'. Motion carried, Councilman Zauner moved that the minutes of the Special Meeting of 'June 24, 1982 be approved as presented. Seconded by Councilman O'Boyle, Motion carried, PUBLIC HEARING - OUTLAW INN ANNEXATION AND ZONING The area is located at the corner of Third Avenue Eastland Fourteenth Street. Mayor McDowell asked for proponents Denny Bolan; representing the Outlaw Inn, explained that the property was purchased "so that the quonset starage'building for the Outlaw Inn could be moved to make room for the expansion program.... The building houses extra furniture and frozen foods for the restaurant. Mayor McDowel-1 asked-.Por opponents, Mabel Ryker, 1404 4th Avenue East, asked about the number of feet covered on 14th Street, Councilman Palmer replied that the area was 150T in length on 14th Street and reaches to the alley, and runs:300' along 3rd Avenue East:` There being no protests, Councilman Palmer moved to adopt the recommendation of FRDO to annex the Outlaw..Inn Addition #145 with IlResort..Business 8,0-Zoning, Seconded by'. -Council- man Nystul. Roll call vote.,._A1l voted aye, First reading of ordinance will be.at..the next Regular Council_ -meeting; PUBLIC HEARING - WALTER RESUBDIVISION Location is Lots 2 and, 3. of. the Resubdivision af- the -.Walter Addition #40,- located .along Meridian Road `north of the FiA ish Line, Mayor McDowell asked for proponents. No one appeared, Mayor McDowell asked. for opponents, No one appeared, RESOLUTION #3416 Councilman Palmer moved to adopt Resolution #3416, a resolution to approve as a sub- division, the Resubdivision of Lots 2.and-3 of the Resubdivision of the Walter Addition #40, subject.t'o the following conditionsA '1). that water -and sewer extension.be in accordance with the City of Kalispell Standards, provide.the requested.hydrant,ri.as per the Fire, Departmient and approved by the Director or Public Works; 2) that the.Developer waiver the right -of -,protest to S,I.D,'s for road and right,.of-way improvements, water, sewer and storm drain improvements; 3), -that the 301 road and -utility easement .be Am;, proved to City Standards,with a 40' radius cul�,de,,,sac on Lots.0 and D. This should show as an easement on the.final_plat and be designated a -}Fire Lane";- 4) that final plat be encumbered with ,the requirement that; "A water line and -appurtenance of adequate size to provide fire flow in accordance with the City of Kalispell Standards and General Pro- visions for..Design and Construction must be constructed to .serve Lots C and D before any structures are occupied on said lots". Seconded by Councilman Zauner,, Councilman O'Boyle questioned there being enough room for the+road and culvdesac, Councilman Ruiz questioned the water and sewer lines., Councilman Palmer repeated the conditions and stated if they are not met the subdivision will not be approved. Question called, Roll call vote, All voted aye. ADDRESSING THE COUNCIL.. Jim Parker, 816 Parkridge Drive, introduced Neal. Blum, Somers, both of whom are members of the Flathead Coalition for Clean Environment, Mr, Blum read the following letter from Governor Schwinden to The Honorable William Bennetf,Pr+emier of British Columbia, "May 13, 1982 The Honorable William Bennett Premier of British Columbia Parliament Buildings...'',, Victoria, B.C. V8V 4R3 CANADA Dear Premier Bennett: The attached comments, including an executive summary and technical evaluation, represent the formal response to the State of Montana,on the Sage Creek Coal Company Stage II application, To --my knowledgeR` this is the first time the State of Montana has been afforded the opportunity to comment on a major development within Canada be- fore the permits have actually been issued', I welcome the opportunity to comment in advance and trust that you will give them serious consideration, (continued) 1�t't* c1,ea,,lr in the best interest of both of our countries to manage our lands and resources.in a manner that promotes a.variety of multiple --use values without causing sig- nificant environmental damage. No matter how elaborate a system of review, planning, or permitting, the success of that system depends largely on the quantity and quality of in- formation used to make a specific decision. It is with this in mind that the State of Montana offers the attached comments, Many laws and regulations have been adopted both at the state and federal level to address the effects of energy development and to protect and preserve the environment. While we recognize there are different ways to reduce the adverse impacts, our analysis is primarily based on a comparison of our experience and requirements with similar pro- jects in Montana. As I mentioned in my letter of March 26, 1982, our primary concern is to protect Montana's resources which will face extreme demands and pressures in the near future, Through constant communication and cooperation, I am confident that we can develop our resources without compromising the integrity of the environment. As the first step in that process, I would like to propose a bilateral meeting prior to a final decision on the permit to discuss our .concerns and formulate a joint, strategy to meet tomorrow's energy demands with today's resources. T look forward to hearing from you soon. Sincerely, /s/ TED SCHWINDEN Governor" Mr. Blum continued, Governor Schwinden will talk to Premier Bennett on July 16th, The Kalispell Chamber of Commerce recently made a trip to Fernie, B,C, to inspect two mines already in operation and to view the proposed mine, Some reports were good and some were not so good. The coalition is not interested in whether this mine goes or does not go, but they are concerned with the sulphur and acid that will flow into the North Fork River and eventually into Flathead Lake and the pollution of the air in Glacier National Park, Businessmen should be looking down the road at these possibilities because tourism could be lost in this area, There are areas in Pennsylvania and West Virginia, that have been completely ruined by coal mining. Mr. Blum concluded by asking the Mayor and members of the Council to read condensed version of the State of Montana's concerns about coal min- ing in British Columbia and take a stand with the coalition. Many Kalispell businessmen have already joined the coalition. Mr. Parker stated that he is fourth generation of Montananas. He wants Montana left in its beautiful state for his son and all future generations, Mayor McDowell thanked both gentlemen for their statements. Councilman Palmer moved to refer the matter to the City Development Committee, Seconded by Councilman Nystul. Carried. COMMITTEE REPORTS Councilman Ruiz explained that we are at the point of applying for a grant for Step TII of the EPA project for construction at the Wastewater Treatment Plant, The entire project is $2,590,000. -EPA will fund 75% and the City will fund the remainder with revenue bonds, The application -has to be signed by the Mayor, sent to EPA for approval and back to us by July 15th. Councilman Ruiz moved that mayor McDowell be authorized to sign the grant application, Seconded by Councilman-Nystul. Motion carried, Councilman Ruiz explained the engineering contract with Wright McL.4ugh.UR and 5t ghJy En. gineers for Step TII, The contract has been reviewed by City Attor.4ey�N'eiex and one change was made, It.is a cost plus fixed fee. The multiplier i.s 1O7a, which is subject to change only by EPA approval, Billing will not exceed $195,000 without written consent of the Council, Councilman Ruiz moved that the Mayor be authorized to sign the contract, Seconded by Councilman Saverud, Motion carried. Councilman Ruiz moved Mayor McDowell be authorized to enter into a contract with VR. Flynn & Associates for $4,500.00 for a sewer rate study, hearing' audit and bond coor-', dination. Seconded by Councilman Saverud, Motion carried, Flynn & Associates w•l,ll have a separate contract with Stahly Engineers for $3,000,00 which will be funded by EPA to apply to the rate study, Director of Public Works Hafferman explained the Sewer & Water Committeels decision to furnish 12" sewer pipe under the airport runway. He stated that at the present time, Mr, Monk's property °needs--- only 811 sewer pipe, -but due to -the-grade A-- 12 pipe required it will be to the City's advantage for future development to the south to install 12" pipe. The City has signed an agree- ment to furnish 300' of 12" sewer pipe under the airport runway and Mr, Monk will fur- nish the rest all the way from the wastewater treatement plant to his property and do all the installation, The engineering.has been done by the Dennis Carver Engineering firm. FINANCE Councilman Nystul reported that the Finance Committee met on June 22nd, reviewed the bids for the City Audit, and, with power to act, awarded the bid to the low bidder, Clark, Walsh'4 Torgerson for $16,500::00, Councilman Nystul reported that the Finance Committee met teday:and-'reviewed,June claims and moved that all claims found -,:to be in order be paid. Seconded by Councilman Ruiz. Motion carried, Councilman Nystul moved that the following beverage license and gaming license re- newals be approved: Buffalo Hill Golf Club Cup of Sun Foods Hindquarter Little Big Men Safeway Sportsman's Bar & Cafe Sykes Grocery & Market R. Sheppard Stuckey's Lounge Kontiki Eagles Hindquarter Liquor, Beer & Wine Licenses: The Bulldog 1st Avenue West Jack's Tavern Pizza Hut The Saloon Stuckey's Lounge Withey's Health Foods Gaming Licenses: Seconded by Councilman Grainger, Carried. PARKING MAINTENANCE DISTRICT #1 RESOLUTION #3417 Corner Pocket The Hide Out Konticki, Inc. Rosauers 7-11 Store #22530 7-11 Store #22186 Wrangler Mart Councilman Nystul moved to adopt Resolution #3417, a resolution to determine the amount of the assessment in the Pafking Maintenance District #1 and to set a date for public hearing thereon. Seconded by Councilman Ruiz. Councilman Ruiz stated he had thought we had a formula for charging the district, that it was set and did not understand the reason for a public hearing, Councilman Nystul explained that a public hearing was held, but that was to create the district and set the boundaries. He and City Attorney Neier.have reviewed the resolution creating the district and while it was not real clear, they have determined that a public hearing and determina- tion of the amount of the assessment is required annually. The resolution stated that the cost of the district; less the revenue, leaves a net amount which will be different each year. Question was asked on how the payments=of the Eagles Lots are to be made and to whom does the lot belong. It is assumed that the payments are part of the maintenance and the lots belong to the City, Councilman Ruiz stated that the Council spent hours and hours with the Parking Commission and he was always assured that the City would have no liability to purchase the lots. Now he feels he cannot trust committees and that in the future he will not feel like cooperating with them. EMPLOYMENT Councilman Zauner reported that Labor Negotiator, Attorney Chan Johns held a strategy meeting on June 22nd, but there is no --report as yet. Councilman Zauner reported that Betsy Boeh►tl'will be leaving her position in the City Clerk's office on July 23rd. She and her husband plan to attend Kinman Business Univer� sity in Spokane for one year. The position is posted at City Hall and placed with the Job Service. 1 r ANNEXATION Councilman Palmer reported committee action on the Heller Zone Change request for reconsideration. After lengthy discussion at the committee level, it was decided it would not be reconsidered or rescinded. REQUEST TO AMEND PARKING REQUIREMENT FOR MEDICAL OFFICES On recommendatation of th e:Annexation Committee, Councilman Palmer moved to set a date for a public hearing to consider the request of Mr. Hyslip, Assistant Administrator of Kalispell Regional Hospital to amend the zoning ordinance to require one parking space for every 200 square feet., rather than one for every 150 square feet for medical and dental offices. Seconded by Councilman Nystul, The City Clerk misunderstood recommendation of the committee and set date for public hearing on July 19th, instead of waiting for Council action. Chief Stefanie stated' that not too long ago he received a letter from the hospital administration complain- ing about parking at the hospital and parking in the street by the hospital. If this amendment passes, it might aggravate the situation. Councilman Palmer stated that the FDRO reviewed the request and recommended the amend- ment. This change will affect all medical and dental offices in the City, If Mr. Hyslip wishes, he can strike his application. Question called. Councilmen Ruiz, Zauner and 0.'Boyle voted nay. Councilmen Nystul, Palmer, Saverud and Grainger voted aye. Motion carried and July 19th allowed to reamin as date of public hearing, COMPREHENSIVE PLAN CHANGE Councilman Palmer presented "before" and "after" maps of changes to the Comprehensive Plan for the area south of Kalispell. The FRDO made the changes at the request of the City and County to help with the zoning and building permits in the three mile juris- dictional area.-- Both the City and County must pass resolutions to adopt the changes before they are in effect. RESOLUTION #3418 Councilman Palmer moved to adopt Resolution #3418, a resolution of intent to amend the Comprehensive Plan as shown on the map. Seconded by Councilman Saverud, Councilman.O'Boyle felt the County should address the issue first, Councilman Ruiz stated that':t.his does not do the job, Councilman Saverud stated that in the absence of zoning, the Comprehensive Plan takes on in effect change in zoning and feels we should notify property owners for a public hearing. Councilman Palmer explained that the FRDO did have a public hearing on June 8th and was little dissension about the changes. City Attorney Neier advised that the statute does not call for a public hearing, Tt calls for a Resolution of Intention and then a Resolution to adopt thelchanges. Councilman Saverud repeated that if we pass this Resolution of Intention to accept the changes, we should have a public hearing, Councilman Palmer agreed that we should ask the news media to help us inform the public of the changes. Question called. Roll call vote. Councilmen Ruiz and O'Boyle voted nay, All other councilmen voted aye, Adopted, STREET 4 ALLEY ORDINANCE #1013 Councilman O'Boyle moved to enact an EMERGENCY Ordinance #1013, an ordinance to repeal that section of the traffic ordinance making Sixth Street between Main.ano First Avenge West one-way traffic.change to two-way traffic. Seconded by Councilman Zauner, There have been several requests to do this because of Main Street Reconstruction and is also recommended by Chief Stefanie. Roll call vote, All voted aye, ORDINANCE #1014 Councilman O'Boyle moved to enact an EMERGENCY ordinance #1014" an ordinance to repeal that section of the traffic ordinance making Seventh Street between Main and First Avenue West one-way traffic change to two-way traffic, Seconded by Councilman Zauner, Roll call vote, All voted aye. ORDINANCE #1015 Councilman O'Boyle moved to enact an EMERGENCY ordinance #1015, an ordinance to repeal that section of the parking ordinance prohibiting parking on either side of First Avenue East on Depot Park Loop. Seconded by Councilman Saverud. Roll call vote, All voted aye. Councilman O'Boyle moved that the Coty prepare an agreement with Flathead County to half sole Meridian Road from Highway #2 north to the Circle K, and return to the Council for ratification. Seconded by Councilman Zauner. Motion carried, 33.4 PARKS Councilman O'Boyle -reported that it is the recommendation of the Parks Committee and so moved, to employ the Carver Engineering firm on an hourly basis to study Dry Bridge Park drainage. Seconded by Councilman Saverud, BOR will agree to.pay on this basis. Four firms were interviewed, Question called, Motion carried. CITY DEVELOPMENT Councilman Saverud reported that the committee has studied the'one bid submitted for the roof on the Hockaday Art Building and.asked the Council for power to act on the bid. Councilman Zauner moved that the City Development be given power to act on the bid for the roof on.Hockaday Art Building, Seconded by Councilman Nystul, Carried. Councilman Saverud stated they would decade whether to accept the bid, the alternate bid, or solicit other bids within the budget, Councilman Saverud stated that the applications for the position of City Building Official would be reviewed at 3:30 P,M. Thursday, July 8th and invited all council members to participate. . SAFETY Councilman Grainger moved to transfer a gaming license for Ashley Square Bingo from the names of Betty A. Slack and Dena Corpron to Betty A, Slack, Seconded by Councilman Zauner. Carried, LICENSE 4 PERMIT BONDS Deshais-, Ronald d/b/a Frontier Electric Electrical. Contractor Bond Councilman Grainger moved that the above bond which has been approved by City Attorney Neier be accepted. Seconded by Councilman Nystul, Carried, PROMOTIONAL POLICY- POLICE DEPARTMENT On recommendation of the Safety Committee, Councilman Grainger moved that we go ahead with the new promotional policy for the Police Department as set forth by Chief Stefanie, Seconded by Councilman Saverud, Carried, Chief Stefanie reported that Assistant Chief Hellman is in Helena today to try to deter- mine the future of the,STEP Program. MISCELLANEOUS Councilman Saverud moved to confirm Mayor's reappointment of Lauren Granmo to the County Refuse Board, Seconded -by Councilman Zauner. Motion carried. Councilman Grainger moved to adjourn. Seconded by Councilman Zauner, Carried, Approved as presented July 19, 1982. LeR E A4el7owe T; Mayor ATTEST: Marjor a Giermann, City Clerk 1 1 k