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06/18/84 City Council Minutes205. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, JUNE 18, 1984, IN THE COUNCIL CHAMBERS AT CITY HALL. COUNCIL PRESIDENT RUIZ PRESIDED. COUNCILMAN PALMER ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger moved the minutes of the regular meeting of June 4, 1984 be approved as presented. Seconded by Councilman Schindler. Councilman Nystul ab- stained as he was not present at the meeting. Motion carried. CITY OFFICIAL REPORTS Treasurer for March and April City Judge for April and May Police Chief for April and May Building Official for April and May Councilman Schindler moved to accept the reports. ,'Seconded by Councilman Grainger. Motion carried. OPEN BIDS - Aggregate Pack & Company Cashier's Check Total Bid $34,620.00 McElroy & Wilken Cashier's Check Total Bid $28,440.00 Councilman Saverud moved the bids be referred to the Street & Alley Committee with power to act. Seconded by Councilman Nystul. Motion carried. PUBLIC HEARING - S.I.D. #336 Purpose of the public hearing was to establish assessments to property owners and fix interest rate. There were no proponents or opponents. Acting Mayor Ruiz declared the hearing closed. ADDRESSING THE COUNCIL Attorney William Astle, representing Mr. and Mrs. Jerry Engel, addressed the Council concerning the lack of zoning in the 31 mile radius beyond the city limits which must be issued building permits by the City. The Engels are trying to build a mini -storage building in the Evergreen Area. Their plans meet all building requirements, buj_there is a question of 'land use' and Building Official Petersen cannot issue the permit. Attorney Astle stated that it is past time that Flathead County either zone all the area within the 3J mile radius or say to the City, "you do it". Outside this area, county residents do not need permits and this is discriminatory to the persons in this area who are also county residents. The Supreme Court ruled that a city is within its right to deny a building permit if the use does nbt comply with the Comprehensive Plan, but it does not say .you must deny. it. Attorney Astle stated that he believes the area should be kept within the jurisdiction of the Building Official so that in future annexations the buildings are properly built. Mr. Astle concluded by asking the Council to adopt a policy whereby if Flathead County does not zone, the City can go ahead with zoning and issuance of building permits. If Flathead County administrators do not agree, they can present a formal refusal and you go from there. Councilman Springer moved that City Attorney Neier prepare a resolution supporting Attorney Astle's request. that can be presented to the Council at the July 2nd meeting. Seconded by Councilman Nystul. Councilman Springer stated that he would draft a policy that will support the resolution. Motion carried. COMMITTEE REPORTS ANNEXATION ORDINANCE #1046 Councilman Manning moved first reading of Ordinance #1046 an ordinance to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as "Blue Chip Addition No. 162 to Kalispell9; to zone said realty as "Resort Business, B-6" and amend the City zoning map accordingly. Seconded by Councilman Nystul. Roll call vote. All voted aye. HELLER REZONING Councilman Manning moved to refer the request from Mr. Heller to rezone his property to the Zoning Commission. Seconded by Councilman Schindler. A letter from Mr. Verma explained that the request is new, that it is order, and that the list of property owners attached_although being from the first request in 1982-is not a requirement. Question called. Motion carried. 206. STREET & A11EY City/Highway Depdktment Agreement on Traffic Signa.l.Maintenance Councilman Nystul moved that the Mayor be authorized to sign the agreement for traffic signal maintenance as amended by DPW Hammer. Seconded by Councilman Springer. Motion carried. SAFETY ORDINANCE 01045 Co-uncilman Schindler moved second reading of ordinance, #10.45 an ordinance to amend Section.17-54.,:th'e.;KalispelI City Code to prohibit vehicle parking within 60 feet o`f the, cossuvalk.: on --the .ea,st,.s:ide. aft:.�k3ird. Avenuo,.;FaSt at ,.the intersection, of Third. . Avenue East and .Third Street East. Seconded by Councilman Grainger. Roll call vote. All voted aye. PARKS Councilman"Spr!., ger-moved:Council approval, to _dace the .9wim pool on the November ballot exactly.as it'appeated on 'the.juno hal.lot.- Seconded by Councilman 'Manning. Motion' carried.',. 'Results 'of bot:h. City of .Kalispe� L' issues `in the June Primary ,E.lec- Lion are,,cetzfsed,a.s,fo:llows.: . FLATHEAD CO`UN7Y CLERK Sr RECORDER 800 South Main - Kalispell, Montana 59901 Phone (406) 755-5300 IRIS I. HINDMAN Marge Gietitiann, Clerk City of Kalispell City Hall Kalispell, Mt S9901 June. ],2, 1984 Re. Certification of Special: Election I, Iris I. Hindman, Election Administrator for Flathead County, do hereby certify :the results of the June 5, 1984 Special Election as follows FORA review of local government--1463 AGAINST a review of local government--991 Candidates for the study, camission i►.iist'file declarations of nominations with the County Clerk on or before Sept. 7, 1984. Bruckhauser fool Bonds: - -YES ---- 1732 NO--- 839 The bond issue, while carrying.an affirmative vote, failed to pass because of a less than 40% voter turn -out, 2571 votes cast, 7138 registered voters, 36avoter turn-oiit. Results certified this 12th day of June, 1984. Iris 1.Hindman Election.Administrator Dianne n�. ��ure�' •Gt.�.�[/ Chief Election Deputy 1 207. The Parks Committee recommends and Councilman Springer moved to authorize the expen- diture of $1.5,00.0.00 for pre -election design for the pool. Seconded by Councilman Nystul. Discussion on how to fund. Councilman Nystul recomended that we accept the money offered by Flathead County .Last year for pool renovation. DPW Hammer explained that no one has been engaged to do an initial design but if that much could be done, it could expedite the project to the point that we may have a pool by next summer. Question called. Motion carried. Councilman Nystul moved that the Mayor request the funds from Flathead County that were offered last summer. Seconded by Councilman Springer. Motion carried. LAWRENCE PARK Councilman Springer reported there will be an informational meeting at 7:30 P. M. June 19th to discuss the future of Lawrence Park. Two proposals have been submitted- 1) Development of a Sports complex by the Parks Department, and 2) Construct an- other nine holes for golf by the Golf Association. Discussion on golf course lease dated 1/7/74 which states a portion of Lawrence Park is included in the lease and by Council action was purposely intended to be developed for golf. Parks.Superintendent Drent asked why studies were made to develop Lawrence Park as a sports complex if it was not available. After the discussion tomorrow evening there may be some answers. IN LIEU OF PARK LAND The City is annexing areas to -the City, but State Code exempts commercial areas and major subdivisions from the dedication of 1/9 of the area or "cash in .lieu of" to the point where we are receiving no .land or money. We have enough park land at this time but we need the revenue to develop it. Councilman Springer moved that City Attorney Neier contact the Montana Legislative Council and make a formal request that the code be amended on park .land. Seconded by Councilman Schindler. Councilman Nystul moved to amend the motion to include "submit the request to the Montana League of Cities and Towns also". Seconded by Councilman --Springer. Motion on amendment carried. Motion on main motion carried. CITY DEVELOPMENT Councilman Saverud reported that Ed Gallagher, Acting Mayor Louis Ruiz and he met with Bob Ehlers, Dain & Bosworth, to discuss financing and budgeting for the proposed mall. Councilman Saverud reported that City Attorney Neier has just completed a document %�hich:consists of a Secondary Loan Agreement between the City of Kalispell and Barbierri to cover the 3 million dollar loan of UDAG money which will be paid back to the City, Councilman Saverud moved that the Mayor he authorized to sign the agreement, subject to approval of the Developer who is being sent a copy this week. Seconded by Council- man Springer. Motion carried. Gallagher cjmplimented City Attorney Neier on many days work on this agreement. Councilman Saverud reported good progress on the mall project. Today, alone, the committee met with two representatives of the State Highway Department. It was also noted in a radio report that Senator Baucus and officials of other states of smaller population have initiated new legislation to cover industrial revenue bonds and .limit states to $300,OD0,000.00. If it succeeds we are O.K. ,EMPLOYMENT Councilman Grainger had no report. FINANCE RESOLUTION 03522 Councilman Grainger moved to conclude the passage of Resolution #3522 a resolution assessing charges for S.I.D. #336 and setting the interest rate. Seconded by Council- man Nystul. Roll call vote. All voted aye. SEWER & WATER Councilman Nystul read a letter of resignation from Water Superintendent Hughes. He has accepted a teaching position with the Junior High School. Supt. Hughes last official day is August 17th. Members expressed their regret. Councilman Nystul requested the'Chairman of the Employment_ Committee to.select a replacement before August 17th. Supt. Hughes thanked the Council for allowing him to pursue his teaching career. ORO MORGEN & OSWOOD RETAINAGE Councilman Nystul moved that the City drop the retainage for the remainder of the con- tract onrthe Wastewater Treatment Plant. Seconded by ¢ouncilman Manning. Only 5% is required on a federal project for retainage and sihoe-we have been withholding 10% and =the contract is 30% complete,..the regiiare..d:amount has-been withheld.. Motion carried. Councilman Nystul reported that the second of two blowers at the WWTP was down for re- pairs. The failure of the remaining one precipitates an emergency type situation in order that we may meet the discharge requirement. A new blower of a different type. has been ordered in excess of $13,000.00. Councilman Nystul moved that an emergency exists, per MCA 7-5-4303 and that the sewer department be allowed to order a blower for the WWTP, in the amount of $13,195.00 without advertising for bids. Seconded by Chairman Springer. Motion carried. Councilman Nystul reported that it is the intent of the ,Sewer & Water Committee to authorize Thomas, Dean & Hoskins to update a.storm sewer study in the amount of $12,500.00,at the July 2nd meeting. MISCELLANEOUS Councilman Springer moved that Councilman Palmer be allowed to be absent from the state. Sec6hded by Councilman Schindler. Motion carried. LICENSE & PERMIT BONDS Northwestern Telephone Systems J. D. Schmeeckle DBA Jay's Plumbing :& Heating Kenneth Schmitz, DBA Sentinal Plumbing & Heating Kenneth Schmitz, DBA Sentinal Plumbing & Heating Excavator Extension Certificatq PliAmber Bond Gas Fitter Bond Plumber Bond Councilman Grainger moved that all .license and permit bonds approved by City Attorney Neier be approved. Seconded by Councilman Nystul. Motion carried. Councilman Grainger moved that Councilman Manning be allowed to be absent from the state from June 23rd to July 3rd. Motion carried. Councilman Grainger moved that Councilman. Ruiz be allowed to be absent from the statt=,ffom June 23rd to June 30th. Seconded by Councilman Schindler. Motionri carried. Councilman Nystul announced a meeting with Mark Weston, Water Quality Bureau, con- cerning construction at the WWTP at 4:00 P. M. Wednesday, June 20th. Councilman Grainger moved to adjourn. Seconded by Councilman Schindler. Motion carried. Meeting adjourned at 9:30 P.M. Approved as presented July 2, 1984 y . McDowe , Mayor ATTEST: Marjorid Giermann, City Clerk