02/22/83 City Council Minutes10 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M, TUESDAY,
FEBRUARY 22, 1983. MAYOR McDOWELL PRESIDED. COUNCILMAN RUIZ ABSENT TO ATTEND ANOTHER
MEETING, COUNCILMAN GRAINGER OUT OF TOWN ON BUSINESS, ALL OTHER COUNCILMEN WERE
PRESENT.
APPROVE MINUTES
Councilman Nystul moved that the minutes of the regular meeting of February 7, 1983
be approved as presented. Seconded by Councilman Saverud. Motion carried.
ADDRESSING THE COUNCIL
Mayor McDowell made three calls for anyone wishing to address the Council. No one
responded.
PUBLIC HEARING - Amend Zoning Ordinance
The following amendment to the Official Zoning Ordinance has been recommended by the
City Zoning Commission: "An Ordinance to amend the City of Kalispell Zoning Ordi-
nance by amending Section S,05 of Ordinance No. 920; to provide for lot area excep-
tions for "Row House" or "Town House" Construction.
Mayor McDowell asked for proponents to the amendment. No one responded,
Mayor McDowell asked for opponents to the amendment, No one responded,
Public Hearing adjourned.
COMMITTEE REPORTS
FINANCE
Councilman Nystul reported a communication from the telephone company, They are going
out of owning the equipment business and will just offer service. They suggested we
can buy or lease our present system. Councilman Nystul stated that things change day
to day and with Council permission, he will watch and wait and later on have a recom-
mendation.
Councilman Nystul moved to authorize the Mayor to rebid for both regular and unleaded
gasoline and diesel. Seconded by Councilman Vidal, Motion carried.
Councilman Nystul reported that we should receive more motor vehicle tax this year than
we did last year. Last year the formula was based on taxable evaluation, This year
the vehicles have been counted and should be a more equitable way of distributing the
money from the State.
EMPLOYMENT
Councilman Zauner announced a closed session with the Labor Negotiator after adjourn-
ment this evening.
ANNEXATION
Councilman Palmer had no report.
STREET & ALLEY
Councilman O'Boyle had no report,
PARKS
Councilman Vidal had no report.
CITY DEVELOPMENT
Councilman Saverud reported that the City Development Committee met this afternoon with
the Flathead County Commissioners and agreed to work with them on a courthouse site.
There is also a good sentiment with the County on working out problems with Courthouse
East.
Councilman Palmer asked about the status of the two suits filed by City Attorney Neier
regarding Courthouse East. Neier explained that there is one suit with two actions.
One suit was an Injunction to stop the IRS from moving into Courthouse East, The
other was a Declaratory Judgment action to determine the validity of Title 76, Chapter
2, Part 4, M.C.A. When the IRS did not move into the Courthouse East, that portion of
the suit was dismissed. The Declaratory Judgment action is still alive and the County
Attorney has filed an answer to the Declaratory Judgment complaint. The suit should
either be pursued or dismissed.
Councilman Palmer moved to continue the case, Seconded by Councilman Nystul,
Councilman O'Boyle asked what happens if area residences want to join us? Neier replied
that he is not sure about their right to join us, but they can bring their own suit and
11.
if they think we did not h.and1,e i.t� c9uld sue us,�l
Question called. Councilman Vidal voted no. All others voted aye. Carried.
SAFETY
No report.
SEWER & WATER
No report.
MISCELLANEOUS
r.
Councilman Nystul moved to amend the Countywide Administrative -Board Agreement to
allow a City Manager to sit in and vote in the absence of the Mayor. Seconded by
Councilman Palmer. Motion carried,
LICENSE & PERMIT BONDS
George L. Thompson
Plumber
Bond
Councilman Saverud moved to approve all license and permit bonds reviewed by City
Attorney Neier. Seconded by Councilman Nystul, Motion carried,
Councilman Palmer announced a meeting of the Annexation Committee for 4:00 P. M
Wednesday, March 2, to discuss PUD and Pyramid Planning, All Councilmen are to
attend if possible.
Councilman Saverud moved to adjourn at 7:47 P.M. Seconded by Councilman Vidal,
Carried.
Approved as presented. March 7, 1983.
ATTEST:
Marjorie Gie mane, City Clerk -Treasurer