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02/21/84 City Council Minutes173. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT"7:30 P. M. TUESDAY, FEBRUARY 21, 1984 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. ALL COUNCILMEN PRESENT. APPROVE MINUTES - Regular Meeting February 6, 1984 Councilman Nystul had one correction - second page - delete "efforts to obtain a grant for the Evergreen Sewer District" to "water quality -of Flathead Lake". Councilman Nystul moved,that the minutes of the meeting,�.?ebruary 6, 1984 be approved as corrected. Seconded by Councilman Schindler. Motion carried. CITY OFFICIAL REPORTS Treasurer.for December 1983 City Judge for January 1984 Police Chief for January 1984 Building Official for January 1984 Fire Chief - 4th Quarter 1983 Fire Chief - Annual Report for 1983 Councilman Grainger moved that city official reports be accepted. Seconded by Councilman Nystul. Motion carried. PUBLIC HEARING - Heritage Health Center Addition Mayor McDowell explained the location as north of Second Wind Recreation on Highway #93 and proposed use is for a nursing home. Proponents - No one appeared. Opponents - No one appeared. Discussion opened to the Council. Councilman Springer stated that he had just one concern and that was Sec. 1, Subsec. e. which addresses the street. It states that a waiver of right to protest annexation for the roadway shall be a condition of annexation. Councilman Springer stated that he would like to amend Subsec. e. to read that it would be included in the annexation and maintained by the City. This would assure that there would always be access to this property once it is annexed. Councilman Springer moved that Subsec. e. be amended to read that the roadway be annexed and maintaimed by the City. Seconded by Councilman Grainger. Councilman Palmer asked if there was a reason for this change other than what was brought up at committee. Councilman Springer replied there was not, except for the liability of the fire and police vehicles. He stated that he could not understand the reasoning of Mr. Verma or the Developer when they recommended that the roadway not be included in the annexation and not maintained by the City and still cannot understand. If any of the proponents can explain he will listed, but it seems that while we have the opportunity, we should do it. It is not going to cost that much to run the snow- plow through there. Councilman Palmer stated that it is DPW Hammer's opinion that the roadway should be annexed and maintained by the City. Highway #93 is being annexed to the City past this point, so it will be contigious to the City on the south and west. Councilman Nystul asked what effect there would be on the property adjacent on the north and what planning is there. Councilman Springer stated there are no plans for the property on the north and this is his concern for annexipg. Councilman Ruiz stated that there are other areas annexed to the City where the Developer has private -roads. Tom Sederstrom, Thomas, Dean & Hoskins, stated that the Developer does not care whether the roadway is annexed or not. They are willing to go either way. When:-the=plans were drawn up for FRDO,it was requested that the roadway be just an easement. Councilman Saverud stated that it is the ©pinion of DPW Hammer that if we just accept the waiver of right to protest annexation and say that the street must be built to City Standards, we do not have the right to inspection and must accept it as built. DPW Hammer concurred that it is wiser to annex and inspect as it is being built. Discussion of whether or not we should proceed with the first reading of the ordinance at the next meeting. A hearing will be held in Helena on February 2e7th by the Health Department on whether or not to issue a ".Certificate of Need" so that the facility can be built. The Developer has asked that the annexation be dropped if this certifi- cate is not issued. Councilman Schindler stated that he would rather wait on the annexation until we know if the "Certificate of Need" will be issued. 174. Question called on motion to amend Subsection e. Councilman Palmer voted nay. All others voted aye. City Attorney Neier explained that once the ordinance is passed-,:. the area is annexed and it is difficult to undo. We have trom-7 to 50 days to act on the ordinance. The hearing in Helena is the 29th. Neier also voiced his concern about this area being in compliance with the Comprehensive Plan as it is in the gray area which is not drawn to survey accur- acy. However, there are two documents in writing from the Planning Board stating that this is in comf6imance. The RA-1 zoning will require that the facility ask for a con- ditional use permit to operate prmr to operation. Councilman Manning moved to recess the hearing until the'Certificate of Need is issued. Seconded by Councilman Springer. Councilman Palmer stated that he did not want to keep finding pebbles. We have to make it possible for the city to grow. Tom Sederstrom asked that the area be annexed regardless of whether the certificate A s issued. The answer was that this would not be advisable because the zoning would permit high density residential development. Councilman Springer stated that it would seem more appropriate',for the State to issue the certificate on condition of annexation, than for the City to annex without knowing what would happen to the area. City Attorney Neier advised recess. Sewer and water service was discussed and would be available whether or not it is annexed. Question called. All voted aye. Public Hearing recessed. ADDRESSING THE COUNCIL Don Nelson, representing Citizens Against Pornography, addressed the Council with a re- quest to set a time to consider amending the pornography ordinance in the near future. Council will have a work session at 7:30 P.M. Monday, February 27th, to consider the pornography ordinance, Extension of Services Policy and uncollectible ambulance bills. COMMITTEE REPORTS ANNEXATION Councilman Manning reported that the Committee reviewed the Heritage Health Center Annexation and have again reviewed it as a Council of the whole. They recommend ap- proval, contingent upon the Developer receiving the Certificate of Need from the State. The Public Hearing will reconvene at a later date. The Annexation Committee will met at 4:00 P.M. March 1, 1984, to discuss adding Planned Unit Development to the zoning ordinance. All Council members are urged to attend. Council will meet as a committee of the whole, as stated previously, on Monday, February 27th at 7:30 P.M. t b discuss a policy for Extension of Services. STREET & ALLEY Councilman Palmer announced that the Council will have a chance to see a demonstration of a sidearm loader garbage truck fvum Whitefish tomorrow morning at 8:00.A.M. Councilman Palmer moved that a sign at Super 8 Motel be allowed to encroach 6' less 8" on the boulevard, but the base must not encroach. Seconded by Cbuncilman Nystul. Councilman Saverud .spoke against the motion. He felt the sign_, is grossly oversized and could be done more tastefully by sizing it down. We°have no sign ordinance to cover this situation, but should not permit this one. Question called. 'Councilman Saverud voted nay. All other councilmen voted aye. Motion carried. The State of Montana HighwayrriDepartment has informed the City that there are no Federal funds for financing a truck by-pass. They advised that a study should be.done jointly by„,the County and City. Referred to Street & Alley and Annexation Committees for recommendation. SAFETY Councilman Schindler stated there would be a Safety Committee meeting at 5:00 P.M. Friday, February 24th. PARKS Councilman Springer reported that by Fall we will have a"tree ordinance with policy guide- lines. Superintendent Drent will compile some patterned.ordinances. He stated that a job description for the Superintendent !s being prepared and will be presented to the Council. 175. Councilman Springer reported that the committee and Superintendent Drent inspected the swim pool and bathhouse. They have come up with two proposals - first to remove the bathhouse and second to put the General Obligation Bond on the June 5th Primary Elec- tion ballot. Councilman Springer moved ,that the Council authorize Superintendent Drent to remove the bathhouse and salvage everything possible. Seconded by Councilman Nystul. Councilman Springer explained that if the Council is going to move foreward, the bath.-' house should be removed. It is a hazard from the standpoint of health and liability. Councilman Schindler spoke against the motion, stating that until the bond issue is passed, the building.should stand. Otherwise you will be looking at an old slab of cement with pipes sticking up and it might be more a hazard than just.b&ing'Zocked up. Councilman Nystul spoke in favor of the motion, stating that the building has to go. The crew has time to do it before spring work begins and that the water in the pool presents more of a hazard than anything else. Councilman Ruiz asked if we have enough men and hours. Other demolition projects have been let out for bid. Superintendent Drent stated that with the help of some of the street crew, it can be done in 2 to 3 weeks and not cost the City anything but the time. Question called. Councilman Schindler voted nay, all others voted aye. Motion carried. Councilman Springer moved that pool reconstruction measure appear on the June Primary ballot and existing plans be reviewed. Seconded by Councilman Nystul. Councilman Springer stated that he did not think it is appropriate for the Council to say, but voters have a right ad'd at the same time will authorize the expenditure up to $550,000.00. There may not be a need for that much. Let the people vote and then the Council can decide how much. Councilman Schindler stated that he would like the resolution worded to give us lati- tude in location, etc. Another location may be better and we do not want to be locked into Woodland Park. Councilman Ruiz asked if there would for Ndvember we might stand a better be a 40% voter turnout in June. chance. If we firm up Councilman Schindler stated that he intended to have a ward meeting and find out what the people want. Councilman Saverud stated he thought November better because we are caught in a short period a*d-already have a 31 million dollar jail on the ballot. We do not want to jeopardize the jail or the pool. Councilman Springer stated there is no comparison between the -;jail and pool. If we wait until November it is too late to build a pool for next season. If we know in June, construction could start this fall. Councilman Nystul stated he talked to Commissioners Krueger and Oldenburg and neither have any objection to the pool issue being on the ballot. The Council has relatively firm concept, it is a concrete issue and a firm design. Councilman Nystul would amend the -language so as not to restrict to Woodland Park. Councilman Grainger questioned the 40% turnout. Councilman Springer stated that even if we do not get the 40% turnout, but affirmative support, we will go in November with a plan. Question called. All voted aye. RESOLUTION #3513 Councilman Springer moved to adopt Resolution 43512 a resolution to submit to the qualified and requested electors of the City of Kalispell for their approval the issuing of $550,000.00 in General Obligation Bonds pledging the general credit of the City of Kalispell for the purpose of renovation or construction -,of a swim pool within the City of Kalispell and to direct due and proper notice of said election be given to the electors. Seconded by Councilman Nystul. Roll call vote. All voted aye AIRPORT CONSTRUCTION BID Councilman Springer reported that the committee met with Lee Tower, President of the Airport Association, to discuss the construction bid. Mr. Tower stated that the association would become more active in maintaining and collecting fees for the 176. 'airport if the council -will back them on their reconstruction plans. The bid was sub- mitted .in.three schedules: --The association has agreed to take care of Schedule 3 (aggregate) and the striping on Schedules l and 2, thus reducimg,the bid from $171,000.00 to $149,000.00. Schedule 1 is Runway Paving and Schedule 2 is Taxiway Paving. The committee recommends and Councilman Springer moved, that the Council accept the bid of Pack & Company in the amount of $149,000.00. Seconded by Councilman Manning. Discussion on sale of city land, which is the prime source for paying for the con- struction. 'First appraisal of $175,000.00 is probablyrinot.rre�iiistic--and.=;a.,seoorid appraisal will be forthcoming. $80,000.00 may be closer. The Association has drawn up a schedule of fees which they anticipate will not about $20,000.O0 per year. These are tiedown fees and fees to be paid by the two fixed base operators. Construction costs will be paid with registered warrants by the City in amounts that can be called as revenue permits. If the proposed fees are not collected by the Association, the City will berlooking at another use for the airport land or other management of the airport. Councilman Nystul moved to amend the motion by deleting striping from both Schedules 1 and 2. Seconded by Councilman Manning. Motion carried. Question called on original motion to accept the bid.in the amount of $149,000.00. Motion carried.' Councilman Springer moved to assume that anticipated revenue of $23,310.00 be adopted as a goal and the Association be:+.:advi'sed that the Council will stand behind enforcement of collection. Seconded by Councilman Nystul. Motion carried. CITY DEVELOPMENT Councilman Saverud reported that the City Development Department has been granted a 3 year block grant program, effective last October. It is the same as the last grant, cover- ing both residential and commercial rehabilitation. Councilman Saverud moved that the Mayor be aT�thorized to sign Loan Leverage Agreements with First Federal Savings & Loan (residential loans) and Norwest Bank (commercial loans). Seconded by:Councilman Schindler. Motion carried. Director Ed Gallagher has been invited to participate in a conference in'Wathington, D. C. on Planning Development. Hai has been asked to speak on how we as a City have been able to leverage with local banks. This is a great honor and speaks well of the progress in the Downtown Redevelopment Plan. Chuck Mercord, First Federal Savings & Loan will also attend as a representative of the private sector. EMPLOYMENT Councilman Grainger had:ino report. FINANCE RESOLUTION 0351* Councilman Ruiz moved to adopt Resolution #3513 a resolution levying and assessing a special assessment and tax on lots, pieces and parcels of land situated within the City of Kalispell to defray costs of constructing sidewalks; curbs and gutters on public streets in front of said lots, pieces and parcels during the year 1983. Seconded by Councilman Saverud. Roll call vote. All voted aye. ORDINANCE 41039 Councilman Ruiz moved second reading of Ordinance #1039 an ordinance fixing the limits of the salary and compensation of the City Officials, Supervisors and Employees for 1983-84. Seconded by Councilman Grainger. Roll call vote. All voted aye. SEWER & WATER Councilman Nystul had no report. MISCELLANEOUS Mayor McDowell announced that Dave Shank.has resigned from the Zoning Commission and we are looking for a new member. Councilman Palmer asked that a letter be written to'Mr. Shank commending him for the many.,years of fine service to the commission. Councilman Springer noted that the members have all received a flier advising them of a forum on "Open Meetings and Private Sessions", which will be held in Helena on Thursday, March 29th. Mayor McDowell will send in;reservatiohs this week for all who plan to attend. 177. Councilman Schindler stated that he wished to publicly commend City Development Director Gallagher for doing such a fine job in bringing Kalispell to the attention of persons in Washington, D. C. ELECT COUNCIL PRESIDENT Councilman Grainger nominated Councilman Ruiz as Council President. Councilman Springer moved to close nominations. Seconded by Councilman Grainger. Roll call Grote. All voted aye. Councilman Ruiz elected Council President by unanimous vote. LICENSE & PERMIT BONDS Marcoff Electric Chakles Clark DBA Chuck's Plumbing & Heating Northern Energy, Inc. DBA LP Gas Service Co. of MT Electrical Contractor Plumber Heating contractor Continuation Certificate Continuation Certificate Bond Councilman Grainger moved that all License & Permit Bonds reviewed by City Attorney Neier be approved. Seconded by Councilman Nystul. Motion carried. Councilman Grainger moved to adjourn. Seconded by Councilman.Palmer. Motion carried. Meeting adjourned at 9:50 P. M. Approved as presented March 5, 1984. ATTEST: Marjori Giermann, Clerk -Treasurer 1