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08/04/82 City Council MinutesTHE REGULAR AND BUDGET MEETING OFiTHE KALISPELL CITY COUNCIL WAS HELD AT 7;30 P.M. WEDNESDAY, AUGUST 4, 1982 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMAN VIDAL ABSENT. ALL OTHERS PRESENT. APPROVE MINUTES Councilman Nystul moved to approve the minutes of the July'19, 1982 meeting with the fo-llowing correction: p. 337 - insert Urban Development Action Grant for Federal Eco- nomic Funds. Seconded by Councilman Zauner. Motion carried, PUBLIC HEARING - OUTLAW INN ROAD ABANDONMENT On April 19th a petition was presented by owners of The Outlaw Inn and City Services, Inc. and Forrest and Irene Daley asking to abandon and discontinue a portion of old High- way #93, which turns off Third Avenue East and goes to the Outlaw Inn. The proposed High Noon office building will be built in this area. The street is also a traffic safety hazard. Subsequently there was a protest from Donald and Ruth A, Andersen, owners of Grumpa's, a drive-in eating establishment whose rear entrance is on this street. City Attorney Neier wrote an opinion stating that before the Council considers the abandon- ment, a new petition should be presented - including all property owners abutting the street. Such a petition was received, including signatures of Donald and Ruth A. Anderson, and notice published for a public hearing for tonight. Mayor McDowell asked for proponents. Steve Cummings, Attorney for The Outlaw Inn, spoke briefly, stating that the road is in very bad condition,, it is in the best interests of the City and Grumpa's to have an improved road and maintained by The Outlaw Inn, the development will help the City and it is for the best public interest to abandon this street. Mayor McDowell asked for opponents. There were no opponents. Councilman O'Boyle asked if they intended to go back to the original way of going around to reach The Outlaw Inn, and was told this was correct. Councilman Saverud asked if sig- natures of every abutting property owner was on the petition and was told they were, Chief Stefanic stated he felt it would alleviate a traffic safety hazard. RESOLUTION #3421 �a a�arf Res. #�yc�.l� &. ; n� Councilman Palmer movedithat the portion of Old Highway #93 ext.eudinR from Third Avenue East to The Outlaw Inn be adandoned and discontinued. Seconded by Councilman Grainger, Roll call vote. All voted aye. PUBLIC HEARING -TREASURE STATE PLAZA ADDITION #147 This area is located on Liberty Street and abutts E1 Dorita Village on the west. It is being developed by Dale Collins for low income housing. , Mayor McDowell asked for proponents. No one responded. Mayor McDowell asked for opponents. No one responded, Councilman Palmer stated he had talked to Mannie Haiges, project surveyDr,about the 30' road dedication on the west. He asked Mr. Collins if he was satisfied with.this road, Mr. Collins replied that he was satisfied and that the adjacent property owner will also have to dedicate 30' to make a 60' road when it is constructed. Someday the end result should be a good street connecting Two Mile Drive and Three Mile Drive. At present, it will not be an improved road, but reserved for that purpose. A lift station in the E1 Dorita Addition will serve the area. It is being enlargedand when completed to the satisfaction of Director of Public Works Hafferman, will be given to the City. First reading of the Ordinance to extend the City limits to include Treasure State Plaza Addition #147 will be August 16th. Hearing closed. PUBLIC HEARING - Special Parking Maintenance District #1 Councilman Nystul explained that unlike other assessments, this Parking Maintenance assessment requires an annual notice to each property owner within the district. By charts, he explained that estimated revenues and expenditures should be about equal with the exception of the land payments on the .Eagles Lot. If the City and the property own- ers go 50/50 on the payments, we need to raise $19,700 or.2ii-mills. If the City and property owners go 40/60, we need $22,600 or 33.6 mills. The assessment is based on the taxable value. Mayor McDowell asked for proponents. Gordon Pirrie, Western Outdoors, stated that he owns the building next to his and is in the process of buying his building and feels it is fair to him and all other property owners in the district to provide their own parking. Mayor McDowell asked for opponents. 340 Dale, Haarr, Haarr Brothers Men's Clothing, protested assessing existing parking lots. Councilman Ruiz asked if he had protested when the original idea was presented. Mr. Haarr stated he asked at that time that existing parking lots be excluded. Councilman Nystul asked what value is placed on his parking lot. Mr. Haarr replied that the value is $7.00 per square foot, the same as where the building is located. Former City Attorney Donahue stated that he thought this public hearing was out of order. When the Parking Maintenance District was created, it was not to be re -heard. This hearing is not for the disestablishment of the District, but just to determine the amount of assess- ment, At the time the District was created, there were several parking lots the First In- terstate Bank wanted to be excluded, It was discussed by the Council at that time that it would be no trouble to exclude, but if a building was constructed on any of this type of property it would be a problem, so they decided there would be no islands. The following letters of opposition were received: First Federal Savings Loan Fraternal Order of Eagles Plaza West F, A. -Allen Art Rasmussen Dale Haarr The opposition inclfided 24 blocks of the 88 total. Councilman Nystul concluded the hearing by stating that the Finance Committee would deter- mine what share of the parking lot payments would be made by the City and then assess the rate. PUBLIC HEARING - Special Lighting Distract #1 Councilman Nystul explained that the assessment for the old-fashioned lighting to be placed in downtown Kalispell will be by front footage, Corner lots are assessed both sides - 25' deep on the street side and full frontage, Kevin Calnan explained that when the idea was formed, the KDC, Chamber of Commerce and business people were consulted and interested. Of about 80% of the business people con- tacted, 90% of these favored the lighting. There will be 42 lights on Main Street and 30 on the side streets. Total cost of installation should be about $75,000. The lights should be in by Fall. It has been suggested that the lights should be selected by the Architectural Review Committee. Mayor McDowell called for proponents. Joe Fine, 124-128 and 132 Main Street, stated he feels the lighting will be a real asset to Kalispell. The cost to him will be only about one-half of the amount he has spent to beautify the alley. Being familiar with landscaping costs, he felt it imperative and very reasonable to back this project. Bruce Robinson, Second and Main Streets, favors the project for the historical aspect it will give Kalispell. Walter Bahr, of First Interstate Bank, stated the approval of the bank on this project. Mike Fuller, First Avenue West, stated that although he is not in the District, he has spent a lot at his business site for landscaping and his employees maintain the landscaping at the Eagles Parking Lot. He is highly in favor of the lights. Theron Hitchcock, J. C. Penney Store, stated his approval of the lights. The following support was received by letter: Kalispell Development Corporation Kalispell Chamber of Commerce Murphy, Robinson, Heckathorn & Phillips Mayor McDowell asked for opponents for the lighting district'. Dale Haarr, Haarr Brothers Men's Clothing, stated that if you signed your name it is too late now to protest because the conduit is in and the concrete poured. But, he would have liked more greenery instead of the lights. Tom O'Neil, O'Neil Lumber Company, stated that he objects because it is too costly. Other opposition received by letter: Haarr Brothers Men's Clothing Art Rasmussen, Eleven Main Building O'Neil Lumber Company Trippet's Bob Meier Oldsmobile Security Federal. Savings RESOLUTION #342 Councilman Nystul moved to adopt Resolution #342?., a resolution to create Special Lighting District #1. Seconded by Councilman Saverud. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one responded. BUDGET HEARING Councilman Nystul explained that we will not have tax money in the General Fund for increased budget requests. Last fiscal year the taxable valuation was $16,558,098 less tax increment of $707,548, leaving the value of a mill at $15,851. This year the tax- able valuation is $15,323,553, less tax increment of $23,084,1eaving the value of a mill at $15,300, a loss of $42,000 at the present mill levy. Councilman Nystul further explained that the special assessments for Water Sprinkling, Oil Sprinkling and Garbage will-.tremain constant with last year. The Light District will increase to .0023, or about $16.00 per lot per year. This increase is necessary to cover an anticipated power increase of 15% to 18% and a deficit last year of $10,000. To cover the anticipated General Fund Budget, the total levy will increase from 101,7 from last year to 103.2 this year. Colin Wills, Taxpayer's Association, addressed the Council with the statement that the "man on the street" is angry about public employees using the excuse of "schooling" to lobby. He asked that all school and travel budgets be deleted and use the mail if more learning is necessary. Mr. Wills also objected to the City Hall telephone budget of $20,000, but conceded that compared to the County budget of $175,000.00 it did not look too bad. Mr. Wills -,ques- tioned the City Attorney library budget, Police Department postage, Traffic Safety Pro- gram, League of Cities & Towns dues of $2,205.00 and many other line items in all de- partments. Councilman Saverud thanked Mr. Wills for his interest.and stated that there should be more concerned taxpayers at our hearing. The preliminary figure for -the General Fund is $1,952,325. Revenue Sharing total is $327,944.00. There will be no increase in salaries except for increment, Councilman Nystul stated that he has been in contact with two firms concerning a bond sale to cover the Main Street project, However, since anticipated tax increment which would have been used for bond payments is so low that we may have to re-evaluate our plans., Revenue Sharing funds may have to be used for the project. Total tax increment on hand from last year is $95,000,00, with:,an additional �5,000.00 expected. Former City Attorney Donahue rebutted Mr. Wills' statement that dues paid to the League of Cities & Towns is wasted money. The City gets its.moneyts worth just from their lobbying benefits, which far offsets the cost. He urged the Council to continue pur- chasing law books. These are specialized books on municipal law and a capital inventory of the City, He stated that school and travel covers training that is very beneficial. City Attorney Neier has to belong to Nimlo to maintain current on municipal laws and problems. Discontinuing school and travel would be stupid economy. Mr. Donahue continued, "You have to be involved in planning the $20,000 we pay the City -County Planning Board is a pittance compared to the cost of doing it yourself". Until July 1, 1981, the City was mandated to pay full health insurance premiums for the fire and police, but at that time the premium cost was frozen and you could now have the employees pay the difference. The use may go down and the premium could go down. Mr. Donahue stated that the S.T,D. Revolving Fund should be kept at as high a level as possible in case an S.I.D. goes delinquent. Also, the City is paying too much to lower level fire and police personnel and Chiefs do not receive enough, It is an insult to pay the City Attorney what you are paying, He is the only City employee re- quired by law to be a professional. His responsibilities are as high as .the County Attorney's. The City should look at the plan presented last year for a volunteer fire department. The police department should get out of the felony business, We get no service from the Sheriff and should turn it over to them . Mr, Donahue stated that there is a provision in the State law to levy 1z mills for the ambulance service or limit how far out of the City it can travel. It goes countywide and no one in the County helps. Mx. Donahue concluded by saying that we should keep asking the County for a portion of their timber revenue, help with the parks and the airport which the County taxes and the City gets nothing. Meeting recessed at.10:40 P.M, Meeting reconvened at 10:50 P.M. COMMITTEE REPORTS - EMPLOYMENT Councilman Zauner reported that the labor negotiator has met with all three unions. There will be a meeting with the Fire Department on Monday, August 9th, and a committee meeting on Friday. i19, ANNEXATION RESOLUTION #342. Councilman Palmer moved to adopt Resolution #3423; a resolution amending the Compre- hensive Plan in the area south of town to Four Corners and 300' deep on each side of Highway 493. Seconded by Councilman Nystul. Roll call vote. All voted aye. RESOLUTION #342* Councilman Palmer moved to adopt Resolution #342#, a resolution to approve Buffalo Head Resubdivision of Lot 10 for townhouses. Seconded by Councilman Nystul. Roll call vote. All voted aye. ORDINANCE #1016 Councilman Nystul moved second reading of Ordinance #1016, an ordinance to extend the city limits to include the Outlaw Inn Addition #145, Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #342.5_ Councilman Palmer moved to adopt Resolution #342,4', a resolution of intention to cbhsider annexation of Idaho Forest Industries.Addition #137, Seconded by Councilman zauner. Councilman Ruiz objected to this annexation because of providing streets and utilities to an undesirable area. If it is not developed it grows- up to weeds and becomes -a fire hazard and this is next to an area in the City that is undeveloped and overgrown with weeds. City Attorney explained that this is only a resolution to consider the annexation and hold a public hearing, Question called. Roll call vote. All voted aye, STREET & ALLEY Councilman O'Boyle reported that the committee, with power to act, awarded the bid for aggregate to McElroy.& Wilken. Councilman O'Boyle asked that the Mayor write a letter to the County Commissioners, regarding the request of Vernon R, Harris to extend Sherry Lane, outlining the reasons for denying the request. Meridian Road work will begin August 23rd after the County Fair is over. President Don Peoples,.Montana League of Cities & Towns, has appointed Councilman O'Boyle to serve on the nominating committee for election of officers for the coming year. Annual meeting will be in West Yellowstone do September 9, 10 and 11, Councilman Grainger moved that Councilman O'Boyle be appointed as delegate to the annual meeting. Seconded by Councilman Saverud,' Carried, Councilman O'Bo.yle moved that the Mayor and Council salaries be reduced 10% for this fiscal year. Seconded by Councilman Saverud. Councilman Palmer spoke against reducing the salary of the Mayor. Councilman Ruiz agreed with Councilman Palmer, It would only amount to $252,00 for a councilman, but for the Mayor it would be $1,930.00. Question called. Councilman O'Boyle voted aye. All others voted nay, Notion defeated. PARKS Councilman O'Boyle, reporting in the absence of Councilman Vidal, stated that Carver Engineering has been hired on an hourly basis to do the Dry Bridge Park Study, COMMUNITY DEVELOPMENT Councilman Saverud reported a committee meeting will be held at 4:00 P.M. Wednesday, August llth, and he would like all Council members to attend, Neil Hartman, Manager of Glacier Park Company, will be at the meeting to discuss future plans of BNRR. SAFETY Councilman Grainger had no report, SEWER-_4 WATER Councilman Ruiz reported that the North Valley Sewer District created for the Fairway Park Project is interested in signing their agreement with the City and start moving. EPA GRANT 1 Councilman Ruiz reported that there is a problem with the grant for Phase III of the Wastewater Treatment Plant, Under new EPA regulations they will not fund failed projects. The Helena EPA office is working with us to work out the grant, but we have to send a letter to the Denver office informing them of the status of the lawsuits pending P Z 1 i� 11 1 against the contractor and firin invQjVpd with the plgnt construction. City Attorney Neier will contact Attorney 5y Larrick who is handling the suits for the City and then write the letter telling them what we are actively doing in the suits .to obtain a settlement. The Denver office considers this a fail system. Three -fourths of the settlement has to be returned to thenr.' They have turned down the request for the new grant of $2,000,000 until they have more information. FINANCE Councilman Grainger moved that Councilman Nystul be allowed to be out of state from September 5th to the 19th, Councilman Nystul is in the Coast Guard Reserve and will do a Coast Guard audit in Kodiak, Alaska, Seconded by Councilman Zauner, Motion carried. Councilman Nystul announced that a representative of Dain-Bosworth, Incorporated will be in Kalispell August 12th to discuss a revenue bond for the City. RESOLUTION #3426 Councilman Nystul moved to adopt Resolution #3426, a resolution to estimate the cost of water sprinkling the streets and avenues in Water Sprinkling District #1 and for the intention of levying and assessing the cost thereof for the year 1982, Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3421 Councilman Nystul moved to adopt Resolution #342'1, a resolution to estimate the cost of lighting the streets and avenues in the City Special Lighting District, and of the intention of levying and assessing the cast there for the year 1982. Seconded by Councilman Ruiz. Roll call vote, All voted aye. RESOLUTION #3429 Councilman Nystul moved to adopt Resolution #342.f, a resolution to estimate the cost of oil sprinkling the streets and avenues with oil and dust control on Oil Sprinkling District #2, and the intention of levying and assessing the cost thereof for the year 1982. Seconded by Councilman Grainger, Roll call vote, All voted aye, Councilman Ny-stul reported that the Finance Committee met today and reviewed the claims for July and moved that all claims found in order be paid. Seconded by Councilman 5averud. Motion carried. MISCELLANEOUS Mayor McDowell asked that all Council members who plan to attend the League of Cities and Towns convention let him know so that he can make reservations. Councilman Ruiz moved to recess the meeting until 7:30 P.M, Monday, August 9th. Seconded by Councilman Grainger, Motion carried. Approved as presented August 16, 1982 . ATTEST: Marjorie Giermann, City Clerk