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04/18/83 City Council Minutes27 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, APRIL 18, 1983, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMAN VIDAL WAS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved that the minutes of the regular meeting of April 4, 1983 be approved as presented. Seconded by Councilman Grainger. Motion carried. CITY OFFICIAL REPORTS Treasurer for February City Judge for March Police Chief for March Building Official for March Councilman Nystul moved that all city official reports be accepted. Seconded by Council- man Palmer. Motion carried. PUBLIC HEARING - Special Improvement District #336 S.I.D. #336 is for improvements on lath Avenue West between 7th and.8th Streets. Mayor McDowell called for proponents. No one responded. Mayor McDowell called for opponents. No one responded. Mayor McDowell declared Public Heating closed. RESOLUTION #3461 Councilman O'Boyle moved to adopt Resolution #3461, a resolution to create Special Im- provement District #336 which would be grading and asphalt paving of a 24' wide area of the center of llth Avenue West between 7th Street and 8th Street West. Seconded by Councilman Saverud. Discussion followed concerning width of road and shoulder, the need for sewer line re- pair, the need for curb and gutter and other problems. Councilman Nystul stated that sometime in the near future a policy will have to be adopted regarding City and owner responsibility. Councilman Saverud asked if this proposed S.T.D. would meet design standards and was told it would. . Question called.. Roll call vote. All voted aye. RESOLUTION #3462 Councilman O'Boyle moved to adopt Resolution #3462, a resolution providing for the call for constructions bids for Special Improvement District #336. Seconded by Councilman Palmer. Discussion regarding including the water line repair with paving and Councilman O'Boyle amended -his motion to cover construction of the water line and improvement of the street on llth Avenue W. from 7th to 8th Street. Seconded by Councilman Palmer. Roll call vote. All voted aye. RESOLUTION #3463 Councilman O'Boyle moved for adoption of Resolution #3463, a resolution providing for the sale of bonds for S.I.D. #336 for improvement of the street. Seconded by Councilman Nystul. Roll call vote. All voted aye. Motion carried, ADDRESSING THE COUNCIL Mayor McDowell made thhee calls for anyone wishing to address the Council; no one responded. COMMITTEE REPORTS STREET & ALLEY Councilman O'Boyle reported a request from KCFW-TV, via the Parking Commission, for loading space on 4th Street East at the alley on the south side of the street, between 1st and 2nd Avenues East. He moved that the request be granted and recommended a full time parking spot. Seconded by Councilman Nystul. Councilman, Palmer asked if there were other such parking spaces and was advised that there were only two. Police Chief Stefanic stated that KCFW requested a 30 minute loading zone at this loca- tion and also requested a full-time parking space. Councilman Saverud pointed out that this particular alley intersection is a dangerous one. He spoke in favor of a loading zone rather than the reserved parking space and 28 also urged that the loading zpne be set back a. few feet. The large van, legally parked there, creates.a hazard for any car traveling north on that alley. Chief Stefanic expressed concern about policy in granting parking space, stated that his department has weekly parking space requests. He does agree that the space should be cut back. Motion and second were withdrawn. Councilman O'Boyle moved to grant KCFW the 30 minute loading zone and have it marked as such by the Police Chief. Secondedjby Councilman Nystul. All voted aye. Motion carried. ORDINANCE #1026 Councilman O'Boyle moved second reading of Ordinance #1026, an ordinance to adopt Section 17-77.1 Kalispell City Code to prohibit parking on sidewalks and boulevards in the City of Kalispell, Seconded by Councilman Zauner, Councilman Palmer asked if this had gone through committee and if alternative lan= guage had been studied on this. He felt that the solving of existing problems might create larger problems and stated that a real traffic hazard exists. Police Chief Stefanic stated that the proposed ordinance would result in a lesser offense: currently a moving violation whenever one pulled into a boulevard. This ordinance would change to a mere parking violation. He does not object to recon- sideration. Councilman Palmer stated that he was against the ordinance. Councilman O'Boyle defined the problems occurti-g from sidewalk parking. Councilman Saverud felt sympathetic with the intent of the ordinance but finds it difficult to recommend passage of an ordinance that would have to be selectively en- forced. He recommends that we hold back and attempt to bring language more into: focus. Question called. Roll call vote, Councilmen O'Boyle, Ruiz, Nystul and Zauner voted aye. Councilmen Saverud, Grainger and Palmer voted nay. Motion passed but was vetoed by Mayor McDowell, who will supply reasons.for his veto at the next Council meeting. Councilman O'Boyle brought to Council attention three phone calls regarding Park Drive, between 11th and 12th Streets East. This is an undeveloped city street and a terrific dust problem exists. He recommended that the Director of Public Works and Mayor investigate this. Councilman Palmer recommended that the street be closed until such time as proper safety measures can be made. Night driving is dangerous in this area and could result in liability. Street.Superintendeiit Clements,stated that a barricade had been placed on the dead end of 12th Street. Director of Public Works Hafferman announced that. -]'street & alley cleanup started on this date. PARKS No report. COMMUNITY DEVELOPMENT ORDINANCE #1027 Councilman Saverud moved adoption of second reading of Ordinance #1027, an ordinance to adopt by reference the uniform building code, 1982 edition; uniform mechdnical code, 1982 edition; uniform housing code, 1982 edition of the building codes of the City of Kalispell, Seconded by Councilman Grainger. Roll call vote. All voted aye. Motion carried. ORDINANCE #1028 Councilman Saverud moved adoption of second readiftg,of Ordinance #1028, an ordinance to adopt by reference the uniform plumbing code, 1982 edition, as the plumbing code of the City of Kalispell. Seconded by Councilman Grainger. Roll call vote. All voted aye. Motion carried. Councilman Saverud referred to the letter read into the minutes of the last meeting from HUD Regional Office indicating that the City was no longer eligible for UDAG and we had a short period of time for any possible applications. He then called on Community Development Director Ed Gallagher to brief the Council on this situation. W CDC Director Gallagher indicated that Kalispell is eligible for UDAG funding be- cause of its classification as a distressed city. Two application time periods have been set, May 31 and, -August of this year. He defined the Urban Development Action Grant. The commitment for the funding has to be from the private sector. Councilman Ruiz questioned requirements for boundaries and felt that the project could be interfering with private business by competing with lending institutions. Gallagher defined the UDAG philosophy, stating that it was a "but for" program. SAFETY Councilman Grainger reported that the new ambulance has arrive and is in fact, in operation. This model is basically the same as the other ambulance. SEWER $ WATER Councilman Ruiz reported that the first reading of the ordinance on Clear Water Connection will be postponed until the next meeting. Councilman Ruiz announced that a combined Sewer & Water/Street 4 Alley Committee meeting will be set up for next week to review the Kalispell Orthopedic Clinic site plans. Councilman O'Boyle requested full council turnout and suggested an evening meeting as there were many things to be brought up. Councilman Ruiz then set the meeting for Monday, April 25th at 7:30 P. M. In the meantime, plans for the clinic may be seen in the Conference Room. FINANCE Councilman Nystul reported that his committee met this date with representatives of the City -County Library, who requested funding. The Finance Committee will draft a written response, which will be reviewed by the Council before any position is taken on that request. Councilman Nystul reported that at the previous meeting some recommendations were made for the funding for preliminary plans for the swimming pool, and they have been taken care of. Councilman Nystul informed the Council that on April 5 Governor Schwinden signed Senate Bill 384. The bill requires that the units of local government respond in one of three alternatives to correct the errors in the overcharge due to receipt of non - tax revenues in the form of motor vehicle fees. The County has chosen to.make adjustment on the real estate tax notices on the second half payment in May..,It:is essential that the County get these notices out by the first of May so that the adjustment can be made. This will not reflect a change in our total budget, but a change in the composition of tax revenue of about $64,000 vs non -tax revenues. The County has corrected the distribution figures and we have received the correct amount which should have been received last year. The budget must be adjusted by decreasing the mill levy by 5 mills. The Committee has discussed with the City Attorney the appropriate method of dealing with this and has concluded that a Resolution is necessary to affect the change in tax levy. RESOLUTION #346+ Councilman Nystul moved adoption of Resolution #3464, a resolution to reflect Senate Bill 384, and reducing the total tax levy for the City of Kalispell from 104 to 99 mills for Fiscal 1983. Councilman Saverud seconded the motion. Roll call vote. All voted aye. Motion carried. Councilman Nystul commented that the Finance Committee would respond to the County Treasurer's letter the first thing Tuesday morning and the County would then proceed with the tax changes. EMPLOYMENT Councilman Zauner announced that a closed bargaining session would be held after the Council Meeting. ANNEXATION Councilman Palmer had no 'report. 30 MISCELLANEOUS LICENSE € PERMIT BONDS Bob's Plumbing & Heating, Inc, Bob's Plumbing & Heating, Inc. Dave Shamp dba Shamp Plumbing Plumber Gas Contractor Gas Contractor and Fitter Bond Bond Bond Councilman Grainger moved that all License and Permit Bonds reviewed by City Attorney Neier be accepted. Seconded by Councilman Saverud. Motion carried. Councilman Ruiz stated that he had been contacted by Flathead High School track team regarding dust created by road repair in the area, biscussion followed. Councilman O'Boyle announced a Parking Commission meeting for Tuesday at 2:00 P.M. Mr. Hal Loff, of the People's Store;: advised the Council of his plans for a museum and exact replica of a frontier town but that he is running into problems with building codes. The museum and a 1912 vintage, 20 horse merry-go-round have been installed. He requests variances on city codes. Code requires a permanent founda- tion which the buildings do not have. Mr. Loff believes that his facility will ultimately create 20 to 40 jobs. His business has been in operation for the last 8 to 9 years and he has been expanding ever since. Building Official Petersen advised that a building permit had not been issued; a permanent structure must have a permanent foundation. A letter was sent to Mr, Loff indicating the required measures to remedy the situation. Mr, Loff was advised that he could appeal to the Board of Appeals as to alternate methods of construction but the permanent foundation was a requirement. Other points to be met include set back and parking requirements, also building code requirements. Councilman Nystul suggested that the mayor and Building Official Petersen get to- gether with Mr. Loff to try to work out solutions. Mr. Loff agreed to call for an appointment. Councilman Grainger moved to adjourn. Seconded by Councilman Palmer. Motion carried. Approved as presented May 2, 1983 -1, ATTEST: MarjorGiermann, City Clerk