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05/02/83 City Council Minutes31 THE REGULAR MEETING QF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, MAY 2, 1983 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCIL- MAN .ZAUNER ABSENT. COUNCILMAN O'BOYLE EXCUSED BECAUSE OF A DEATH IN THE FAMILY. APPROVE MINUTES Councilman Nystul moved to approve the minutes of the regular meeting of April 18, 1983 as presented. Seconded by Councilman Palmer, Motion carried. RATIONALE FOR VETO OF ORDINANCE #1026 Mayor McDowell stated that the rationale for vetoing Ordinance #1026, an ordinance to prohibit parking on sidewalks and on boulevards of the City of Kalispell is because the ordinance is vague and contradictory as applicable to various parts of the city. It creates an enforcement dilemma which is not acceptable. Mayor McDowell recommended it be referred back to committee for further discussion. ORDINANCE #1026 Councilman Nystul moved to override the veto. Seconded by Councilman Vidal. Roll call vote. Councilmen Vidal, Ruiz and Nystul voted aye. Councilmen Saverud, Grainger and Palmer voted nay. Two-thirds majority needed to pass. Motion defeated. ADDRESSING THE COUNCIL Oscar Olson, 322 Northridge Drive, asked the Council to consider taking over his private water system. The area has grown to the point of being difficult for him to service in the summer. He has 50 families and this is over the capacity of his well. Councilman Palmer asked if he was talking annexation or just disposing of the water system. Mr. Olson stated that either way will be satisfactory. The area involves Northern Lights Boulevard and Hilltop Avenue. About 9 residences are inside city limits now. Councilman Grainger moved to refer to the Sewer 4 Water Committee. Seconded by Councilman Nystul. Motion carried, Director of Public Works Hafferman and Water Superintendent Hughes are going to take a look at the system at 1:00 P. M. tomorrow. COMMITTEE REPORTS PARKS Councilman Vidal announced a Parks and Baseball meeting for 7:30 P.M. Thursday, May 5, in the Conference Room 'for the purpose of making their schedule for the season. Councilman Vidal moved that the Council accept the offer of Dennis Carver to donate black dirt frGm his property to Dry Bridge Park. Seconded by Councilman Nystul. It will take park crews about 4 days to move. Motion carried. Councilman Vidal explained that the tennis program will be run as in previous years by the tennis group who supply private tennis instructors, who are..assisted by two instructors paid by the City. Councilman Vidal requested the group be incorporated for two reasons - liability and to keep another group from taking over. Councilman Vidal moved that City Attorney Neier draw up incorporation papers as a non-profit tennis group. Seconded by Councilman Nystul. Councilman Palmer asked if there was any city liability for drawing papers for a private group. Neier replied that there was none. Question called. Councilman Ruiz and Palmer voted nay, Motion carried. SWIM POOL Councilman Vidal reported that the estimate given to them by Engineer Dennis Carver which includes repair of the swim pool, a new concrete bathhouse, gutters and fence would cost $550,000.00. The average use of the pool is 50% County and 50% City. The Committee discussed approaching the County Park Board for support with the funding. City Attorney Neier explained that it is his opinion that the City cannot assess any mills in addition to the 65 All -Purpose levy for construction of a swim pool. Back a few years it would have been legal to assess up to 7 mills for construction of recrea- tion facilities, but when we adopted the All -Purpose Levy; this additional levy was not included in the permissible additional assessments, such as health insurance, liability insurance, P.E,R.D., S.I.D. Revolving Fund and a few others. This leaves two methods of obtaining the money. One would be by forming a city-wide S.I.D. which would involve the same notices required by a regular S.I.D. If one property owner did not receive a notice, it could cause a problem. Another method 32 would be to issue General Obligation Bonds, which is limited to 28% of the tax- able valuation of property. It would require a vote of the people. The Council would pass a resolution calling for the election, notices would be published and posted. Then there is a basic requirement that 40% of qualified electors must vote. If greater than 40% of the qualified electors vote, then it requires only a simple majority. If it passes, the Council will pass a series of resolutions much the same as for an S.I.D. Councilman Vidal stated that it would take a lot of interest to get out 40% of the voters. Also, according to a timetable given to her by Mr. Carver, covering time for design, advertising and bid opening, we could probably not finish construction even by June, 1984. So we are looking at least at two seasons without a pool. Councilman Vidal stated that Councilmen Nystul, O';Boy1e;.:Parks Superintendent Drent and she will attend the County Park Board meeting next Tuesday and will report later. COMMUNITY DEVELOPMENT Councilman Saverud had no report. SAFETY Councilman Grainger had no report. SEWER & WATER ORDINANCE #1029 Councilman Ruiz moved to enact Ordinance #1029, an ordinance to amend Section 12 of Ordinance No. 1002, by Charging for Surface Water Drainage to the Public Sanitary Sewer System and Ground Water Discharge to the Public Sanitary Sewer System; to Provide for the Department of Public Works to Inventory Structures and Paved Areas collecting surface water and/or ground water and discharge same to the public sani- tary sewer system; to provide an Appeals Process and to provide an effective date. Seconded by Councilman Nystul. Discussion on reasons and effective date. Director of Public Works Hafferman stated that the purpose is to keep storm water from running into the sanitary sewer and not to gain revenue, so he would like to give these property owners concerned time to convert their drains. The effective date was set for January 1, 1985. This will allow property owners about one and ones -half years to convert before it would be placed on their property tax notice. Roll call vote. All voted aye. MEDICAL ARTS IMPROVEMENT DRAWING Councilman Ruiz moved that Mayor McDowell be authorized to approve the drawing of the Medical Arts Subdivision. Seconded by Councilman Saverud. Councilman Vidal abstained. Motion carried. Councilman Ruiz announced a Sewer & Water Committee meeting for Monday, May 9th at 3:30 P. M. to view the water system on site belonging to Oscar Olson. FINANCE Councilman Nystul moved that all claims for April found to be in order by the Committee be paid. Seconded by Councilman Ruiz. Motion carried. The Finance Committee would like the next two weeks to review specs for a new com- puter before authorizing call for bids. EMPLOYMENT There will be a closed session for negotiations with the Police Department after this meeting. ANNEXATION Councilman Palmer announced a meeting of the Annexation Committee for 1:00 P. M. Tuesday, May 3rd to review loose ends. STREET $ ALLEY Councilman Ruiz moved to enact Ordinance No. 1030, an ordinance enforcing 30 minute limit parking signs ' at Main and First, Second, Third and Fourth Streets; and de- claring an emergency effective for the next 90 days. Seconded by Councilman Vidal. 33 Chief Stefanic stated that the cost will be 31 signs at $18.00, plus posts at $1.25 per foot, plus man hours to install. Councilman Palmer stated he thought it should be conditional upon the availability of Parking Commission funds. Councilman Nystul stated he could not see any reasoning for calling it an "emergency" ordinance. Emergency ordinances should be enacted for emergencies. Councilman Vidal withdrew her second. Councilman Ruiz, withdrew the motion. Ordi- nance tabled. MISCELLANEOUS Councilman Nystul moved that Mayor McDowell be excused from May 14th through May 28th to travel to Boise for National Guard Encampment. Seconded by Councilman Grainger. Motion, carried. Councilman Saverud moved that Ken Jackson be appointed Senior Building Inspector and Plan Reviewer for a 6 month probationary period. Seconded by Councilman Nystul. Motion carried. Mayor McDowell announced the CAB meeting will be at 10:00 A.M. Wednesday, May 4th in the Community Room at Whitefish. Mayor McDowell showed a picture that was taken by Astronaut Ellison Onizuka from 250 air miles, showing our area and which was presented to the City and will be hung in the foyer. Councilman Palmer asked Mayor McDowell to check with Attorney Charles White, who presented the Glacier Park pictures, about preparing a caption to go beneath the pictures. Also, he requested that the Daily Inter Lake be thanked for the pictures of Main Street Reconstruction. Councilman Grainger moved to adjourn Meeting adjourned at 8:30 P. M. Approved as presented May 16, 1983. ATTEST: M�0ri Giermann, City Clerk Seconded by Councilman Saverud. Carried. r eRoy E.McDowell, Mayor