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09/04/84 City Council Minutes238. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT .7;30 P. M. TUESDAY, SEPTEMBER-4, 1984 IN THE COUNCIL CHAM13ER AT CITY HALL. MAYOR MCDOWELL PRESIDED. COUNCILMAN NYSTUL ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Palmer moved that the minutes of the regular meeting of August 20, 1984 and the special meeting of August 27,. 1984 be approved as presented. Seconded by,Councilman Ruiz. Motion carried. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one re- sponded. COMMITTEE REPORTS SEWER & WATER Dn recommendation of DPW Hammer, Councilman Springer moved to accept the bid of Bos Sand Company for pressure filter media. Seconded by Councilman Ruiz. Motion carried. Materials to be shipped by rail. On recommendation of DPW Hammer, Councilman Ruiz moved to purchase aggregate to go along with the filter media from Culligan Soft Water Company. Seconded by Councilman Springer. Motion carried. ANNEXATION ORDINANCE 4104G Councilman ManninT muvcd second reading of Ordinance 41046 an ordinance to amend the official zoning ordinance (Ordinance #885) to change Lot 12, Block 235, Kalispell Addi- tion No. 6 from Residential, R-4 to B-2 (Heller Property). Seconded by Councilman Palmer. Roll call vote. Councilmen Manning, Palmer, Springer and Saverud voted aye. Councilmen Schindler Schindler, Grainger and Ruiz voted no. Ordinance enacted. EXTRA -TERRITORIAL ZONING Councilman Manning explained that after Resolution #3525 was passed, clarifying the City of Kalispell's extra -territorial building permit procedures, by requiring the Building Official to review extra -territorial building permit application for compli- ance only with the Uhil-C)rmi-Building Code, 1982; and directing that the Building Offi- cial submit written requests to County Officials for determination of compliance and sanitary regulations, flood plain regulations, and the Comprehensive Planj..Mr.. Verma, Flathead County Zoning Administrator, received a ,tenter from the Flathead County Com- missioners advising him that he should only reply to the Building Official as to whether or not the area in question is zoned or if the proposed building complies with the Comprehensive Plan = that the County does not issue building permits and does not wish to become involved. Mr. Verma approached the Annexation Committee for direction. After discussioi-. the committee recommends that the City of Kalispell make a formal re- quest to Flathead County to zone or allow the City to zone. Councilman Springer moved that the Council make a formal request to Flathead County to zone the 3 mile radius outside the City or allow the City to zone. Seconded by Council- man Palmer. Councilman Grainger spoke against the motion, stating that it is not our jurisdiction and the Council is not im a position to zone. Councilman Springer answered that FRDO has already dons; all the work except for the public hearings. Councilman Grainger stated that he.dissapproved of county residents coming to the Council for a public hearing. Councilman Springer answered that we are stymied by a position taken,by the Flathead County Commissioners and it �;just a hassle back and forth. Councilman Saverud stated that he has sat through hundreds of hours of public hearings just to zone inside the City and it would not be high on his list to sit through more hearings. We have asked the County to fulfill its duty and that is all. we should do. Council members reminded us that letter's have been written before, asking the Com- missioners to act. Councilman Ruiz stated that we have fulfilled all our obligations and the County has not. If he -lived in the County, he would not want the City zoning his property. Austin Miller addressed the Council with a request to stay out of county zoning. He - advised that he would file suit to stop them�if they attempted to zone his property, which consists of 90 acres contiVbus to the City. I" 239. City Attorney Neier explained that the purpose of the resolution was to require that Mr. Verma act on his position as zoning administrator and advise the City on issuing building permits, but the Commissioners object to this action. Question called. Cduncilmen Manning, Palmer, Schindler and Springer voted aye. Councilmen Saverud, Grainger and Ruiz voted nay. Motion carried. Councilman Saverud asked City Attorney Meier to research the legality of zoning county land even if the Commissioners are willing. Councilman.Ruiz asked Mr. Verma if he works for the County as zoning administrator in addition to his duties at FRDO.. Mr. Verma replied that the CAB requested his ser- vices and he has assisted Whitefish and Columbia Falls with the same problems Kalispell'has and.it is working well in those areas. Councilman Saverud asked if he does not have a great many lake shore inspections. Mr. Verma replied that he has about 100 every year. Councilmen Ruiz and Saverud stated that they would like the City to get out of the building permit business outside the city limits. Councilman Springer asked the councilmen who voted against the issue to study it and bring in a minority report. Councilman Ruiz stated that we should just let economic conditions rule in the development outside the city limits. STREET & ALLEY Councilman Palmer reported a request from the Orthopedic Clinic to use city -right-of- way for sidewalk and landscaping. DPW Hammer stated that he was in favor of doing this. The area in question is quite a slope and if they can construct a sidewalk and landscape, he is all for it. It is beginning to look quite beautiful. Councilman Palmer moved to allow the request. Seconded by Councilman.Schindler. Councilman Ruiz moved to amend the motion to state that the Street & Alley Committee meet with the Highway Department, Fire and Police Chiefs, look at the original plans and report back. Seconded by Councilman Springer. Question called on amendment. Carried. Question called on motion. Carried. SAFETY Councilman Schindler announced a meeting of the committee at 4:00 P. M. Monday, September loth. Councilman Schindler reported a request from FVCC for a movable four way stop sign at lst Avenue East -and 1st Street. DPW Hammer has suggested a painted crosswalk and a pedestrian traffie sign. Councilman Grainger questioned liability if a pedestrian sign is erected. After dis- cussion, the Council agreed to give the crosswalk a chance and see if this is enough. Crosswalk has already been painted. Councilman Schindler reported a request from School District #5 for a "handicapped" sign in front of Bethlehem Lutheran Church, where they will be presenting a special program for the handicapped during this school term. Police Chief Stefanic recom- mended a "loading zone" sign. A movable sign such as was granted to another church was suggested. Councilman Schindler moved the committee be given power to act. Seconded by Council- man Grainger. Motion carried. Mrs. Cardell,848 4th Avenue West, has requested a "handicapped" sign be placed in front of her home because of an illness which causes her to need transportation of an emergency nature. She is close to the high school and the street is used for student parking. She has no garage and no other place for her vehicle. Councilman Schindler moved that Chief Stefanic investigate and issue if necessary. Seconded by Councilman Ruiz. Motion carried. Councilman Schindler reported that a representative of the Highway Department, Chief Stefanic, Joe Withey, merchant, and he inspected the area on Highway #93 from Withey's to Roasuers. The Highway Department will conduct a traffic study and report back to the committee. PARKS The Parks Committee will meet at 4:00 P. M., September 11th to discuss the baseball complex. TREES Councilman Springer stated that he has studied many tree ordinances, but is not sure any of them have all the answers. At the last meeting, the Council was unanimous in deciding that -the City should have a tree maintenance program. He would now like Council input as to whether this maintenance should be contracted out or in-house, how to finance, etc. He would like some direction for Superintendent Drent by October. 240. Councilman Ruiz suggested that -a policy and ordinance be drafted without mentioning finance and work that part out later. After discussion,Oouncilman Schindler moved that the Parks Committeell compose a policy and an ordinance to make it effective. Seconded by Councilman Springer. Motion carried. Councilman Springer, wage negotiator, announced a closed session following this meeting. CITY DEVELOPMENT Councilman Saverud announced that the committee met last Monday and awarded the bid for the Hockaday Roof to the Operculum Company of Whitefish. EMPLOYMENT Councilman Grainger.had no rep6nt. FINANCE Councilman Ruiz asked City Attorney Neier to report the status of the Pee Wee Baseball case. Neier reported that a Hinman Rights Commission Hearing Officer found in favor of Peggy Capes, for daughter, Lisa, vs the City of Kalispell in the amount of $10,000.00. Mrs. Capes claimed that,her daughter was not allowed.to play baseball with the Pee Wee League and filed a suit for discrimination. The Judge ruled that the City must cut off all discriminatory acts and award $10,000.00 damages for.discrimination, suffering, etc. Neier asked permission of the Council to appeal and appear before the Commission and, if not successful, appeal to District Court. Neier stated that the findings of fact were not supportive and objected to the Ulty being involved at all. Councilman Springer moved to order City Attorney Neier.to appeal the decision. Seconded by Councilman Schindler. Reference was made to an editorial in the Great Falls Tribune and a letter to the Editor written by Bob Engelbach defending the City. Motion carried. Councilman Ruiz reported that the August clachms.have been reviewed and moved that all tbpse found to be in order be paid. Seconded by Councilman Palmer. Motion carried. RESOLUTION #3544 Councilman Ruiz moved to adopt Resolution 03t44 a resolution to levy and assess the costs of construction for Special Lighting District,A2 and set a date for a public hear- ing. Seconded by Councilman Grainger. Roll call vote. All voted aye. RESOLUTION #3545 Councilman Ruiz moved to adopt Resolution #3545 a resolutibn authorizing the filing of application with the Environmental ProtectioniF:Agency for a grant under the Water Pol- lution Control Act. Seconded by Councilman Saverud. Roll call vote. All voted aye. MISCELLANEOUS Councilman Springer moved that Mayor McDowell be allowed to be out of town from Septem- ber 26th through October 8th. Seconded by Councilmans:-BbEindler. Motion carried. Mayor McDowell reminded Council of the League<:'Df Cities'.and Towns Convention to be held in"Great Falls September 26th through the 28th. Councilman Palmer reminded Council of the Water Quality Management Seminar to be.held in Spokane on September 15th. Several members were interested in attending. Council- man Palmer is a member of the Board. Councilman Grainger moved to adjourn at 9:15 P. M. Approved as presented September 17, 1964 . McDowell, Mayor 2 - I - ae.6 Marjorie Gie ann, City Clerk -Treasurer