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03/21/83 City Council Minutes15 TEE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, MARCH 21, 1983 IN THE COUNCIL CHAMBER AT CITY HALL. MAYOR MCDOWELL PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved that the minutes of the March 7, 1983 meeting be approved as presented. Seconded by Councilman Saverud. Motion carried. CITY OFFICIA1 REPORTS Treasurer for January 1983 City Judge for February 1983 Police'Chief for February 1983 Building Official for February 1983 Councilman Nystul moved that city officials reports be accepted. Seconded by Councilman Zauner. Motion carried. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one responded. COMMITTEE REPORTS 12501FIVARMEN Councilman Zauner.±eported there will be a closed session on labor negotiations after the meeting. ANNEXATION ORDINANCE #1023 Councilman Palmer moved second reading of zoning ordinance to address "Row Houses" Nystul. Roll call vote. All voted aye. ORDINANCE #1024 Ordinance #1023 an ordinance to amend the and "Townhouses". Seconded by Councilman Councilman Palmer moved first reading of Ordinance #1024 an ordinance to extend the city limits to include Kaltana Addition #153. Seconded by Councilman Zauner. The ordinance will include a waiver of the right to protest S.ID.'s on all improvements. The road will have to be in accordance with city standards if development occurs. Question called. Roll call vote. All voted aye. RESOLUTION #3457 Councilman Palmer moved to adopt Resolution #3457 a resolution of intention to amend, adopt or reject a land use plan for BNRR property. Seconded by Councilman, Saverud. The request by BNRR is to change industrial zoning to commercial for one of three parcels of their property. It has been approved by the Flathead Regional Development Office and is being considered by the County Commissioners on the 22nd of March. City Attorney Neier explained that the state statute requires a public hearing - which has been held by City County Planning Board - then the governing body passes a resolution of intention to consider adopting, rejecting or amending, and then a final resolution. Council agreed that the request should bewell publicized before they adopt the final resolution. Question called. Councilman O'Boyle and Ruiz voted nay. All others voted aye. Resolution of Intention adopted. ORDINANCE #1025 Councilman Palmer moved first reading of Ordinance #1025 an ordinance to amend Ord- inance #895 which extended the city limits to include Summit Ridge Addition. The original petition to annex did not include a small island area used as a park, but the papers that were filed with Flathead County included the area -anal this past year was given an assessor number and taxed by -the City: Special assessmentsiwere-.refund- ed to the owner, Austin Miller, and this ordinance will clear the description so it will not happen next year. Seconded by Councilman Nystul. Roll call vote. All voted aye. 16 Councilman Palmer announced an annexation committee meeting at 7:30 P. M. Monday the 28th. STREET & ALLEY ORDINANCE #1026 Councilman O'Boyle moved first.reading to enact Ordinance #1026 an ordinance to amend the parking ordinance,to prohibit parking on sidewalks and boulevards between the curb or curb line and the sidewalk. Seconded by Councilman Vidal. Discussion on residential areas where there is no curb and the boulevard has been graveled and people park there to avoid parking in a street. Chief Stefanie explained that this is mainly for commercial areas and he does not foresee that they will be Ticketing in the residential area. However, the ord- inance does not distinguish between residential areas and commercial areas. Question called. Roll call vote. Councilmen Palmer and Nystul voted nay. All others voted aye. First reading passed. Councilman O'Boyle announced a parking commission meeting tombTM- w at 2:00 P. M. Also a TAC meeting at the HighwayfDepartment at 9:30 A. M. tomorrow. Two items on their agenda will be a request by the Chamber of Commerce for a truck bypass and placing Meridian Road reconstruction back on the priority list. Councilman O'Boyle reported that the committee has met twice to discuss putting a portion of the City out to bid for private garbage pickup, and asked for input from the Council on the next step. Councilman Palmer stated -that the Street & Alley Committee have done their work and now the Finance Committee should meet with the Street & Alley Committee and then bring a recommendation to the Council. PARKS , Councilman Vidal announced a Park Committee meeting for 3:30 P. M. Friday, March 25th. They will discuss the future of the swim pool and the request of the Golf Association for a deed to the clubhouse. CITY DEMOPP ENT Councilman Saverad reported that Ordinance #933 and the state law require annual reports for Community Development. The Director and staff have prepared the Fourth Annual Report for the Community Development Department and it is now on file intheoffice of the City Clerk and available for:copies or review. Director GallagheT stated that he is particularly proud that 104 full time and 32 part time jobs have been created as a direct .result of the Kalispell rehabilitation program. This is quite significant in these recessionary times. ORDINANCE #1027 Councilman Saverad moved first reading of__Ordinance #102.7_an ordinance adopting the Ytarlic 1982 Building, Mec1, Abateme t , 64d.iHousing -code 1982. Seconded by Counc�Uman Grainger. Roll call vote. All voted, aye. -ORD1°STANCE Councilman Saverud moved first reading..of Ordinance #1028 an ordinance adopting the Plumbing _C6a 71�8�. rx �econda by.:Councilman Grainger. Roll call vote. All voted aye. SAFETY- .—.- Councilman Grainger had no report.' MaiII,&IONTER ,3 58 Councilman Ruiz moved to adopt Resolution #3458 a resolution to amend Rule RV(2) of the Water Rules & Regulations regarding installation of meters. Seconded by Councilman Nystul. Roll call vote. All voted aye. Councilman Ruiz moved to adopt the'Policy on Connection to Sewer Department Mains by Residents outside the city limits. Seconded by Councilman Grainger. Each individual case wi11 be considered by the committee: The policy requires a band in the amount of $300.00 to guarantee annexation or the waiver of right to protest annexation. Question called. 21==voa aye.,,. Policy adopted. 17 PROHIBITION OF CLEAR WATER CONNECTIONS Director of Public Works Hafferman explained. that Ordinance #1002 prohibits storm water runoff from roofs or pumped from basements into the" sanitary sewer system, but it does not address what happens to offenders. By placing a charge per gallon it is hoped that property owners will deter the runoff from the sanitary sewer. The goal for changing is 1984. We are not really looking at revenue but eliminating the problem.' When there is a storm and all the water runs into the treatment plant it~; is bad for -%the plant. City Attorney Beier stated that he is hesitant to amend the ordinance because the revenue might put us over the 12% sewer rate increase and get us into trouble with the Consumer Counsel. He has contacted Tom Flynn who did not have an answer and is now waiting to hear from the Consumer Counsel. Councilman, Ruiz moved to direct City Attorney Beier to draft an ordinance covering a charge for,clea:rwat:er connections. Seconded by Councilman3. Nystul. Councilman, O'Boyle voted nay. All others voted aye. Carried. RESOLUTION #3459 Councilman! Ruiz moved to adopt Resolution #3459 a resolution to determine connection fee for structures.other.than single or multi -family dwelling units. Seconded by Councilman: Nystul. Restaurant units will be determined by usable area. Roll call vote. All',voted aye: 1411 " A _ IMHU➢III H� Counoilmanj Ruiz explained that Director of Public Works Hafferman would like per- mission tolprepare an easement from BNRR to allow for construction of a sanitary sewea trunk main at 3rd Avenue West. Hafferman explained the different lines that carry the load at this time. The First Alley West line is in very poor condition and a new 'line is necessary. He would like to stay as close to this line as possible. Councilman',Nystul stated that he is on the Sewer & Water Committee but does not remember any discussion on this project. Before we ataxt digging he would like to see a fully documented project. Hafferman explained that this was discussed by a previous council, the pipe purchased two years.ago and should be constructed as soon as possible. Councilman,Ruiz moved to direct Hafferman and City Attorney Beier to prepare an easement. ,Seconded by Councilman Nystul. Motion carried. FINANCE CouncilmanNystul reported that the Finance Committee met, and with power to act, awarded the bid for gasoline and diesel -oil to City Service, Inc. CouncilmanINystul reported that the Finance Committee met, and with power to act, awarded the bid for legal advertising to The Daily Inter Lake. The bid was 1% lower than,.Kalispell's Weekly News. Councilm* Nystul reported that he is presently conversing with the County Treasurer on Motor Vehicle tax and it looks better for 1983 than for 1982. Finance Director Swanson attended a meeting of the Drban. Coalition in Helena last Friday an& local governments are not doing so well with the block grant. Other cities have sent letters to the governor and legislature asking for legislation for other types of funding. Councilman Nystul moved that Mayor McDowell be authorized to write a similar letter. Seconded by Councilman Vidal. Carried. MISCELLANEOUS License & Permit Bonds Valley Plumbing Inc. Plumber Continuation Certificate Michael R. Smith Pawnbroker Bond M. 0. tockrem dba Moe Electric & Construction Electrician Bond Delbert L. Maltby Electrician Continuation Certificate 18 Co"dilman Grainger moved that all license and pemmit bonds reviewed by City.Attorney Neier be approved. Seconded by Councilman O'Boyle. Motion carried. Councilman Palmer reported he has 12 negatives given to him by The Daily.Tnter Lake showing Main Street Reconstruction and asked that we try to find a way to finance framing'so they can be displayed. Councilman O'Boyle reported that)wo d�°from the League of Cities & Towns is that we may receive a 2¢ per gallon increase in gas tax which would give us about $150,000 next year compared to $85,000 we now receive. Councilman Nystul ar*ounced a Finance Committee meeting with the City Clerk at 7:30 P. M. Thursday, March 24, 1983. Councilman Grainger moved to adjourn. Seconded by Councilman Saverad. Carried. Approved as presented April 4, 1983 c:v c owell, Mayor ATTEST: Marjo i.e Gi.ermann, City Clerk [l Ii I.