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07/16/84 City Council Minutes221. THE REGDZAR MEETING OF THE KALISPEELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, JULY 16, 1984 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. COUNCILMEN SAVERUD AND GRAINGER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Nystul-moved to approve the minutes of the special meeting of June 22, 1984 as presented. Seconded by Councilman. Schindler. Motion carried. Minutes of July 2, 1984 amended to read "City participate in, a developers agreement" rather than amounts of participation (page 219). Councilman,Nystul moved to approve the minutes as amended. Seconded by Councilman Schindler.. Motion carried. CITY OFFICIAL REPORTS City Judge - June 1984 Police.Chief - June 1984 Building Official - June 1984 Councilman.Nystul moved to accept City Official Reports. Seoonded by Councilman Schindler. Motion carried. OPEN BIDS - 1984 Sidewalk & Curb Construction ALTERNATE 1: Various locations throughout the City of Kalispell BID ITEM DESCRIPTION UNIT EST. Q,UAN. UNIT PRICE 1 Straight Curb (R-4-A) L.F. 156 6.85 2 4" Thick Sidewalk (R-6-A) S.F. 1300 3 00 3 6" Thick Sidewalk (R-6-A) S.F. 60 3.40 4 Standard Curb & Gutter (R-2-A) Z.F. 1600 7.35 ALTERNATE 2: Various locations throughout the City of Kalispell 1 Straight Curb (R-4-A) L.F. 150 6.85 2 411 Thick Sidewalk R-6-A S.F. 1300 3.00 3 6" Thick Sidewalk R-6-A� S.F. 60 3.4o 4 Standard Curb & Gutter (R-2-A) L.P. 1600 7.35 5 Excavation for Straight Curb L.F. 150 1:25 6 Excavation for 411 Thick Sidewalk S.F. 1300 1.25 7 Excavation for 6" Thick Sidewalk S.F. 60 1.25 8 Excavation for Standard Curb & Gutter L.F. 1600 .1.25 ALTERNATE 1: West Wyoming Street, Sunset Boulevard to 4th Avenue W.N. 1 Standard Curb & Gutter (R-2-A) L.F. 1500 .7.35 ALTERNATE 2: West Wyoming Street, Sunset Boulevard to 4th Avenue W. N. 1 Standard Curb & Gutter 0-2-A) Z.F. 1500, 7.35 2 Excavation for Standard Curb & Gutter L.P. 1500 1.25 Councilman Nystul moved the bid be referred to the.Street & Alley with power to act. Seconded by Councilman Palmer. Motion carried. ADDRESSING TEE COUNCIL Chuck White, President of the Kalispell Feed & Grain, representing the Mall Relocation Group, introduced Charles Gologoski, manager of the Flathead Lake Cherry Gxowers Association. Mr. Gologoski stated that several of the group met with the Mayor and some of the council this afternoon and some progress was made. The lessees received their notice on. July 13th from BNRR to have their premises vacated by October 1, 1984. Since talk of the mall began 12 years ago, the lease holders have been told that they would be treated fairly and every attempt would be made to assist them with continuing their business and with relocation. Now, they have reneged on every promise. Terns are physicallyimpossible to meet. In 10 days they will start packing cherries. Next July we will be looking at 5,000,000 lbs of cherries and no plant. We need time for an engineering study and cannot possibly see a new building until 1986. Mr. Gologoski asked .the Council to work out something sensible. Their.location is a proposed parking lot which certainly will not be needed by October 1st. Mayor McDowell read a copy of a letter which he sent to.the Developer today, stating the situation and asking for a meeting on Monday or Wednesday of next week. He also talked to Mr. Barbierri on the phone. As soon as he knows the day, the group will be informed. 222 Councilman Ruiz assured the group that the Council does support them, but we do not have any leverage with which to help. City Attorney Neier stated that he'has reviewed some of the leases and can see no way to help them. Ed Gallagher stated that the Developer is being asked for some more time for relocation. The Industrial Revenue Bonds must be sold in 1984. There are building plans to 'review and every step must`be taken for a complete guarantee of the finakcial aspect before HUD will release their approval. Mr. White stated that,none of the group could begin plans to relocate until they received their notice. He had expected they would.receive notice- to relocate, but not a deadline . to vacate by October 1st. Either.the City Council has been fooled by the Developer to reach this point or the lessees have been dald down the river. Dave Grohusky, City Service, stated that he had understood at the May 21st meeting that there would be a line item in the budget fdr relocation.. Tonight is the first time he has heard the figure 1.3 million for relocation...Oth.ers agreed that they were not aware of the figure. The figure represents only enough money to demolish the buildings.that are not moved. Councilman Manning asked what would happen if we cannot womk out any more time - what can the City do? Can the City Attorney review? Councilman SpriUgger asked what the consequences would be if we just quit. Neier replied that he could foresee no liquidating damages for the Developer. No matter what we decide,' the lessees are done.` The land use has been changed from commercial and light manufacturing to a B3 Zone. It was changed to provide for a mall. If we rescind the loans and grants, they still have no lease. Councilman Springer and Ruiz agreed' -that nothing can;'be Aone until a meeting is scheduled with the Developer and Lessees and some kind of compromise made. . Mr. Gologoski stated.that he would like to see the mall finished, but it could get nasty. We live in the City of Kalispell and if this mall is built and started under a cloud it might not work. You have a relationship where someone.lied. The way to go is to meet with them and work something out. Maybe the present businesses are not big enough, but the warehouse does -.employ' about 300 people in the summer. Gallagher stated that he feels the dialogue is better now with Barbierri. There may be a way of working. round the proposed parking lot. Dave Grohueky asked that the documents be studied to see if there are any alternatives. John Harp, Montana Evergreen, stated that it had been an interesting 12 years. Originally the Glacier Park Co. was going to build. the mall, 'bNeniA-Vcompany was brought in from Spokane. He has talked to both parties and each said to talk to the other. Everyone supports this Council and the mall. Present businesses.are r<an by good citizens and support the community. Mr. Harp stated he will provide the Council with a char.. showing a figure of number of employees and taxes that are paid'to the City. X uiU -WOOMMI�i);114.. SAFETY Councilman Schindler had no report. PARKS. AIRPORT IAND Discu"ssion on the sale of city property -to -be used for airport reconstruction. The Airport Association''have had two appraisals. of the land. The problem is that the land is outside the"City and. is high density.urban•under the Comprehensive Plan. The 2.25 acres was appraised as'commercial. Should the Council pass a resolution of intention to sell as it is or change the zoning or let the buyer request a change in zoning. Councilman Springer moved to pass a resolution of intention to sell the land sub to a new appraisal. Seconded by Councilman Manning., Councilman Ruiz stated he would rather advertise it as it is zoned or change the'zoning first, Councilman Manning withdrew his second.. 223 Councilman Springer withdrew his motion. Councilman Ruiz moved that the Council direct the City Attorney to draw up a request for a land use change. Seconded by Councilman Schindler. Motion carried. CONRAD MANSION 'RESTROOM Councilman Springer reported that the Mansion Board approached the Parks Committee with a request for a restroom. Park Supt. Drent has submitted plans for the restroom which could be built across Woodland Avenue in the north end of Dry Bridge Park. It will be made of logs and blend with the natural area. Total cost is $7500.00 with the parks crew doing the construction. Councilman -Springer moved council approval of construction this fall. Seconded by Councilman Manning. Councilman Schindler favored putting it on the Mansion grounds. Councilman Ruiz asked if the employees restroom inside the Mansion could be enlarged. 'They say no and no place on thd grounds is right either. Councilman Ruiz asked'that the matter be referred to the Finance Committee to see if it can be budgeted. LAWRENCE PARK Councilman Springer advised that this is not an extension -of the public hearing held previously; but rather a discussion of the future of Lawrence Park by the Council. Several options have been given us and we would like to discuss them at this time - otherwise Springer stated that he would move to refer back to committee. There have been several hours of public input. Councilman Manning suggested that it resolves itself down to basically three issues and :-Z could not agree more. In view of the City Attorney's legal opinion, we are faced with the question of whether or not the Golf Course has any vested right to that property. If they do, we do not have to go any further. If it is decided by this Council that they do not have a vested legal right, then we are farced to face the issue'of whether or not we wish to give the Kalispell Golf Association any additional rights in that property. Springer continued, if they do not have that right, then it is incumbent upon the Council to look at the property as park land; and then decide What this Council wants to do with that land. I think the issues were raised because of the presentation previous to this time dating back to 1974 when the Council gave the Golf 'Associati.on a lease on this property from North Main to the Stillwater River, exclusive of Lawrence Park. So the issue, we as a Council are'facing here tonight, is not whether we want ballfields in that area, it is not whether we want to leave it in a natural state and it really is not whether it should be part of the golf course. But we must give recognition to the fact that this is the only area�the City owns at this time that could feasibly be used for any one of these options. So, without publicly meaning to take issue with the City Attorney, I think it is time for the Council to decide whether or not the Golf Association does have any vested rights and if they -do not, we can move on to the other issues. Springer stated that he believes they do have a vested right, and is proven because of the action taken by the Golf Association in improvements to property owned by the City. Springer stated that he has a note stating very emphatically that in 1974 their only interest was a 27 hole golf course; but he believes that they always intended to have a 36 hole course and for this reason have a vested right. Councilman Schindler stated that if they intended to have 36 holes they should have, saidso, but they very plainly said 27 holes. I do not feel they have a vested, right. We are talking about public land and the lease is actually between ourselves and the public. If we can decide if that land can be used for something fora larger percent- age of people than would be used as a golf course, then I think we have the right to make that decision here and now, especially based upon the 1974 minutes which talks about 27-holes,, exclusive of Lawrence Park and at that time they did not even -know the boundaries. Then there is the one hole that is on the Lawrence Park side of Stillwater River that became golf course that no where could we find paper work or any person that could.substantiate that they told them they could do that - it just became golf course. There is now becoming quite a large association of people who are interested in just keeping it as a park and a wild life reserve. They should be allowed a representative as well as ballfields and golf association. -S'bhind1er _conelu6d dwby saying this -is a major change,we are considering and should be given_plen.ty-of time. Councilman Nystul asked about procedure. Springer stated that'we.need a positive motion. If this motion is to give the park to the Golf Association and gets a favorable vote, that is all there is to it. 224 Councilman Manning stated that the decision we are about to make will affect many lives in the future. With.the growth of the City basically to the -North, if we take these lands away from the parks, is.that land given.away, so to speak, to an enterprise such as -the Golf Association, which I have nothing against, is that,a wise choice looking at the areas which we may need in the future for a park complex, not ballfields, but a park very similar to Woodland Park? That question haunts me, as to giving up a good hunk of acreage that could be used -as a goodmajor park - 20, 30 or 40 years from now. If we give it away, how would we financially be able to acquire an area of that size down the road? Councilman Springer moved that this Council find iuly.16, 1984 that the Kalispell Golf Association has a vested interest in that land generally located between North Main and Stillwater Rivex.and that they be allowed to develop it as their jurisdiction. Seconded by Councilman Nystul. To answer Councilman Manni.ng's questions, -Springer stated that we have two pieces of property with which to fund part of that problem - Griffin Park and Haven.Field. As to there being any property within the City to purchase, -'-there probably is none. As it grows there may be, but.there really isn't any answer to -that question. Councilman Palmer stated that even if we find that the Golf Association does not have vested interest in the property does not mean that it carrot be given now. Councilman Nystul sees the issue as not -having the precise language in previous lease agreements. If we were to ask past councilmen, you would probably get various opinions and as a city employee at one time the lease was renewed, did not read it as this area being part of the lease. Whatever way the vote goes, the next lease should specify the boundaries. Councilman Ruiz started that the motion stating the Golf Association has a vested interest in Lawrence Park -is moot. Whether we pass the motionor not, I think the Golf Assoc- iation has -a vested interest in the Park by virtue of, -the expenditures they have made for the City int�-terms of -.acquiring land from 9 holes to 27 holes; at no expense to the City, in excess of 2J million dollar piece of property up there that.we own. The other thing, I get the feeling that there are two different•entities, and there are not. Even in our parks report where we have total dedicated acreage of 182 acres -,-we list ballfields as being park land and belonging:to the -City. We :list tennis courts as part of our park system, and that is counted--Asacreage., Why we do -not list the golf course as dedicated park acreage I do not understand, because that -is exactly what it is. The -City owns the land. It. -does not belong to the Golf Association and. should be listed as park -area. What previous -Councils have done is not really part of our problem. Councilman, Ruiz stat'ed that he has-been on the Council --for $- years and -has served on the Golf .Association Board at different times in excess of 9 or 10 years.-I•still sit on the Golf Association Board,;, and •in spite of, what the- minutes of- 1974 reflect.- that the Lawrence Park acreage had been given�to the -Association, or: neluded in the golf .course.lease, as a member of the Board had never realized that. T#e Golf Association formed -a committee to come to -the City to ask -for more land -and that is more important than what the 1974 minutes said. But, it reinforced to me that a lot of preliminary work has been done before those people that are on the expansion -committee of the association recognizedthat this land would 'be used in the future to make it 36 holes. But, if the association did not know that this had already•been leased to -them, then I do not think that we as a Council should have to. recognize this as a paint. We should be free to act which ever way our conscience d,ic fates In zg$ we _hotxgh_t the-Dry=Bid�Pk area, ovnrWcdlad='13r- dprcp riated in excess c� OQQ:00 to�purgh e.that land,,:so it".is not as if we have neglected park land for any facet,:of this community., We have not neglected any facet of .furnishing ball parks. Dry Bridge -Park is approximately 25 acres of natural habitat -which can be used for nature trails. I think we have fulfilled that commitment to those people, I think the highest and best -use, whether I play golf or not, or serve on the board or not, is for tha't.-pro.perty to,be golf. To keep that as park land.when we cannot maintain the. park land that we have now and this is in the .Superi_ntendent-ta-report, that we are lack- ing in�maintenance personnel in the.operai budget'that.we have,. -then we would. have another 30 acres to maintain and would-add.to.-the problem. We are a +city of 10,000 people - I think we have -more than enough park land and.ballfields dedicated to the citizens of -the City and if we are going- to, continue to expand in those areas, *hen -we are going to have to go to the County and have a City/County type complex. The financial end of this has to considered also.. We have a million dollar operation, employ about 60 people and is a,good clean industry. Ruiz stated that he;agreed with Councilman Schindler, that we are not bound by the 1974 minutes. The Golf Association was not even aware of it and .they came to the City in good,faith .to ask for the land. 225 Councilman Nystul withdrew Me second. - Councilman Springer withdrew his.motion. Councilman Ruiz.stated that we should determine the best use for the land. There are three requests -as park land, we already have that - if we go.with ballfields, we have to do something immediately - if we go with the Golf Association request, they may not start for 5 years because of the financial obligation. If we go with. ballfields, then we have to address that problem immediately. We should put the Griffin Park property up for sale and seek an area at once for a new field. Councilman Manning asked if it would be appropriate to ask for an environmental impact study working with the Planning Board - and what about the problem with the Corp of Engineers about putting fill down by the river. Is that an issue if we decide to give it to the Golf Association? Councilman Ruiz answered that if you decide that you would like to see an additional 9 holes to the City's golf course, not the association, and you feel that golf is a worthwhile recreation, and part of our park system-- and in every other city the publiq golf -course is part of the parks department - and ours is also - then they should decide what kind of fill is necessary so that it is.compat.ible with their plans. They will -probably have to make tests and it may be determined that. it is not feasible for a golf -course and it would just remain as is. We have an area in.Park View Terrace that can be developed -as a.park when funds are available. Councilman Nystul suggested written comments and back to committee. Councilman Springer announced.that the public hearing will reconvene at 4:00 P. M. Monday, July 30th. Tom Hurlock addressed the Council with a request for the City to join the County for a recreation complex. FINANCE RESOLUTION #3526 A Councilman Ruiz moved to.adopt Resolution #3526Pa resolution to estimate the cost of light- ing the streets. -and alleys in the City Special bighting District, .and of the intention of levying and assessing the cost thereof for.the year 1984 and setting.a date for public hearing thereon.- Seconded by Councilman Nystul. Roll call -vote:. All voted aye. RESOLUTION #35 _? j Councilman. Ruiz moved to adopt Resolution #35.5J,a resolution toestimate the cost -of -special maintenance on Special Maintenance District No. 1 for the purpose.,.of maintaining the streets and avenues of the City of Kalispell, and the intention of Levying and Assessing the cost thereof for the year 1984 and setting a date for public hearing thereon: Seconded by Councilman Nystul. Roll call vote. All voted aye. Councilman Ruiz announced a meeting of the Finance Committee for 9:30 A. M., Wednesday, July 18th for -the purpose of reviewing the budget. SEWER & WATER Councilman Nystul moved that the Water Superintendent be authorized to call for bids for a pressure filter media for the wastewater treatment plant. Seconded by Councilman Springer. Motion carried. Councilman Nystul moved thattheMayor be authorized to enter into an agreement with Robert Monk for constroetion;of -sewer and water lines to Monk property on Highway 93 South. Seconded by_ ,Councilman Springer.. , Motion carried. Councilman Nystul moved that the Water Superintendent be authorized to call for bids for water pipe and fittings and sewer pipe. Seconded by Councilman Springer. Motion carried. Councilman. Nystul reported that the committee met with Stahly Engineers, Wright'McLaughlin Engineers, Denver, and Mark Weston, Water Q�iality Bureau. 75/25 EPA grants expire on October 1, 1984- As we still have the problem of amonia and phosphorous removal, several alternatives were discussed. It is necessary for the Council to deoidd, which alternative to pursue. One alternative to amonia removal which is toxic to fish in Ashley Creek is to pump it into Flathead River. The second alternative is a gravity line rather than a pump line into the river. The third alternative is to do land treatment. This method used year around would require 600 acres to irrigate and a storage capacity of about 110 acres. 226 The last alternative was nitrification and phosphorous removal. The cost of pumping.or gravity outfall to the Flathead River was equal to that of doing the nitrification and phosphorous removal. 8000 to 12000 feet of pipe would.be required. So, the necessity of the decision being made this week, Councilman Nystul moved that the Sewer and Water Committee be authorized to determine the appropriate preferred alternative to the amend- ment to the 201 Facili,ty.Plan in order that the :environmental assessment may be completed and the grant application proceed in time to.particzpate in the 75/25 monies. Seconded by Councilman.Palmer, Motion. carried. Sewer & Water.Committee will meet at 4:00 P. M. Wednesday. ANNEXATION Councilman Manning reported that the Zoning Commission met last Thursday and sent a recommendation to.the Council for the:zoning of Meridian Addition, which goes back to its original recommendation of Light.T-ndu.strial, B-3 and RS..' The reason the Zoning Commission changed their recommendation was because they were.presented with a petition. from over 50%.of the area .land owners.which'is a req i.rement'under the Zoning Commission Ordinance. The Annexation Committee recommends that the Mayor send a letter to the Flathead Regional Development Office and request a'land use change to comply with the land use request. There has been much discussion.on_Meridian Addition zoning and every time we meet with someone the other party seems to not be there. So, it is my recom- mendation in pursuing this that we go ahead and have the land use hearing before the City County Planning Board.. If, in.fact,, the CCPB goes with the change that the Zoning Commission recommends, it will then. go to the City CouncilI'for public hearing. Councilman Manning moved that the Mayor send a letter'to`FRDO and request a land use change to Meridian Addition. Seconded by Councilman Springer. Motion carried. SEWER & WATER Councilman Nystul moved that the Water Superintendent be authorized to call for bids for painting the elevated water tower. Seconded by Councilman Springer. Motion carried. STREET & ALLEY Councilman'Palmer reported,that Gateway West Mall requested that the City update .the, roads behind the mall - namely Kinshella Avenue all the way to Two Mile.Drive on which the Developer and adjoining.property owners would sell' impose an BID for the improvements. They have`also requested the City put an overlay on'the existing road behind the mall. They have requested a survey and curbing on Husky Street. The curbs are not being ordered tonight because the survey needs to be done first. A request to abandon a portion of the alley behind the Stihl Saw Shop just east of Wright Lumber Company between 7th and'8th Avenues West was referred to DPW Hammer and Surveyor Zalrodny. MISCELLANEOUS There will be a meeting to discuss wage negotiations immediately after adjournment. The Urban. Coalition''.will be meeting Friday in Missoula. Councilman Palmer moved to adjourn. Seconded by Councilman Springer. Motion carried. Approved as corrected August 6, 1984. w t o : ATTEST: Marj lie Giermann, Clerk -Treasurer 1 1