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01/21/85 City Council Minutes275 I 1i THE REGULAR. MEETING OF THE KALISPELL: CITY COUNCIL WAS HELD AT 7:30 P:M. MONDAY JANUARY .21, 1985.IN THE.C.O.UNCI.L CHAMBERS AT. CITY HALL. MAYOR MCDOWEL-.L PRESIDED. COUNCILMAN GRAINGER : ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVEMINUTES Councilman Nystul moved;., to approve the Minutes. of the January 7, 1985 meeting. Cou.nq.ilman S_chindler..seconded.. Motion carried. PUBLIC HEARING: Ke.nwa:.y.Addition #3 Mayor:.MeDow.ell .-op.en:ed the. Public Hearing:. Gerald A.. And Lillian;J. .Koenig, and Ken Nardinger of Ken -Way Development. have -filed., a petition for annexation into the City of Kalispell for 1.922 acres of —land- located between ..8th and 9th Streets!. West and east of loth Avenue West.. The applicant is requesting an RA-1 (Low Density Multi -family) .zoning designation for the above described parcel. _ On December 3., 1984, the City Council .of Kalispell passed a Resolution of Intention.. to annex :the subject parcel. Mayor.McDowell a.sked:for proponents. There were none. Mayor McDowell asked for opponents. There were.none. Public Hearing declared closed. CITY OFFICIAL REPORTS Treasurer''s Report December Police Chief. December City Judge December Building. Official. November 1984 1984 1984 & December 1984 Councilman Nystul moved to accept the City Official. Reports. Councilman Schindler seconded. Motion carried. ADDRESSING THE ,COUNCIL Bill Heber . addres.s.ed the council concerning dogs ..not being.kept leashed or. .in the owners yard. He requested some announcement be made reminding -owners.-of. this responsibility. Mayor.:cDowell'requested the Police Chief have the City Animal Warden go t.o:his area and check.it. Councilman Springer requested his area also be checked. COMMITTEE REPORTS :... :... PARKS-.- Councilman,..S'r.inger Reporting. TREE ORDINANCE. He did not feel the proposed ordinance.accomplished what the Parks Committee intended and requested the council members read the document and consider what the Parks Committee..s.et o.ut to do.and see if they can come.: up with a document that.serves the intended purpose. .Make thiimr.comments and critiques known to the:.Parks Committee. He requested that first reading not be done at this time., SWIMMING POOL./ The Parks Committee had a good meeting with Dennis 'Carver concerning the . status of the Swimming: Pool. Councilman Springer moved the council authorize the Mayor and '.Cit,y. Attorney to prepare the necessary.documents for the letting of.bids for the pool so, -we can move:.:.foxwar.d as quickly as possible. Seconded by Councilman Palmer..: Councilman Nystul requested clarification that advertising be included and Councilman Springer said it did. There was no further discussion. Motion carried. Discussion returned to the Tree Ordinance. Councilman Springer said he intended.t.o b.r.ing -the ordinance back to' the:,. Council Meeting in 30:da.ys. Councilman -'Ruiz requested clarification on who is res:ponsible for costs, The Cityor the Owner and specifically referred to Section 5.03 and 6.03 of the proposed ordinance. CITY DEVELOPMENT - Councilman Saverud Reporting GRIFFIN PARK. On January 8 the: City..Parks and City Development, Committees.:held a joint meeting. One item of discussion.was othe use of - Griffin Park as a_proposed site for the new !'..Post Office. The time frame involved is fairly quick; the Post, Office advertised for proposals about two weeks ago; they are requesting the, 'proposals be in by the end of January, and this is the last 'regularly scheduled council meeting prior to that. We:do not need a fully detailed proposal at this point. If we decide we' wish to offer it as a proposed 276 site and if'-,, they' determine this is.a prime locatioinithey will negotiate the: :::value at that :time. It was the con'censu's ";of -the joint committee ..that we should proceed and offer,.: Griffin; Park' as a site. I move the Mayor and City Development Committee be authorized to proceed to put together a package to propose the Griffin Park area as a potential Post Office site. Councilman Springer`seconded'but requested the site proposal not. be limited to the Post ::Off ice, ! butt =.-be offered to the. general- ,public. Councilman Saver.ud a -greed to include that' request in his motion and also include that at a later date the council will act. as -the agency -:-to determine the fair market value of` that real estate. Councilman Springer amended h-is second .to agree with t e amended motion. M6tion.Carried Further• discussion followed:.and included a request by Councilman Ruiz that the,. `City, Attorney, be sure all the legal requirements. in selling public property, be-followed..and,Councilman Saverud added this be,done as soon . a,s possible. 'Councilman Springer and the City Attorney discussed the poss:i.bi-lity....of'an lnterag.ency Transfer. Councilman Saverud: moved the proceeds- from -.the sale of the city owned portion of Griffin Park be earmarked for new baseball facilities. Councilman Springer -seconded. Motion -carried. FINANCE'- Councilman Ruiz reporting The resolution to transfer appropriations had not, been reviewed by the Finance Committee and Councilman Ruiz asked the Clerk who :p.r'epa-red it and when. He reported it had'apparentl.y been overlooked until. today and had not been presented for the Finance Committee meeting. Discussion followed on the purpose of the Resolution. Councilman -Palmer moved the Committee be given the power to act. Died for lack.of a second. Councilman Ruiz said the Finance Committee will review it at their next_meeting. ORDINANCE #1051 Salary Ordinance Amendment. As discussed :at the last ineeting the Sa.l°axy Ordinance .would have to::,,be amended to ;reflect the salary change for the 'new Clerk./Treasurer ; Councilman -Ruiz moved Ordinance #1051 be adapted ..amending; Ordinance #1048.- Councilman.. -Schindler se',conded 'for discu;ssi'on and inquired iU:` -the., ordinance as written would establish that the Cler.k%Treasur.er'.s Salary be 90% of the 25,000.fo.r the period of probation. Council discussion concluded that was established in the job description and in' the Minutes; of the previous meeting. Mayor McDowell called for roll call Grote. Councilman Grainger was afbsent:; all others voted aye. Motion carried. SEWER &.WATER -.Councilman Nystul.repo.rting. The Wastewater Treatment Plant. Sludge -•.Handling Facility contract deadline is the 2.5th...It looks :like . the : Plant. will. not .be completed at that time and we willent:er..the penalty phase,,.. Hopefully soon they will get it running. The . C.ommittee:.'metto..:d.i's:c-uss water meter. needs. We are . in need . of abo-ut 500 metes and they L::would cost:abou.t. $25:, 00.0.. They listened , to..: -a couple of .:presentations. The committee. will meet and make- a recommendation to the council in the -:near future. There is a meeting scheduled -f,or Thursday. at 4:00:,Counc.ilman Ruiz requested the meeting be moved to.'Wednesday ,at 4: 00. That.waa:.,a:greed. to. ANNEXATION -- Councilman Manning reporting ORDINANCE #.10:50..., Second -Reading zoning Ordinance Amendment #1-0-5:0. _.Councilman Manning read amendment and: moved .i.t :.be accepted. Seconded..by:Councilman -Palmer. Roll ..Call Vote. Cou:nc -loran. Gra,inger_:.-.absent;.. ,..all" others aye.' Motion Carried. ;. ORDINANCE #1052 First Reading ofte.dahl Addition #171. Councilman Manning read and moved for acceptance of first reading. Councilman 3averud s.econded.Roll Call Vote. Councilman Grainger .'absent;.,all .others aye:. Motion: :Carried.. 277 ORDINANCE --#105.3- First Reading Ken -Way Addition-#3,. Counc:ilm:an-Manning read Ordinance #1053 and moved for acceptance 'of first reading. Councilman Nystul :seconded. Roll Call Vote. Councilman Grainger absent; all others aye. Motion Carried. Councilman Man'ri-ing ;reported recommendation,,, -of Zoning Commission. -that the City -County PlAfthing Board and the City Zoning Commission be integrated and so moved. Councilman Palmer seconded. Considerable discussion followed concerning the effect of this action concerningthe membership making up the new Commission and the duties and authority of this commission. The motion was read back to the council and Mayor McDowell called for vote. Motion carried. __ Mayor. - will:. not ify._ the.. Zoning.. Commission. Councilman Manning reported on the City Zoning Commissions' recommendation that Section 6.14 of City Ordinance 41043 be repealed. :Councilman Manning moved to have the City.Attorney draft an ordinance and schedule Public Hearing date to repeal Section 6.14 from the Kalispell Zoning Ordinance. seconded by Councilman Nystul. Motion carried. STREET &.ALLEY - Councilman Palmer reporting F.I.F.T.H. Thrift Store requested they be.allowed to place a sign on 4th Ave W.N. and Idaho streets. The Committee viewed the proposed sign and recommends the Council allow the placement of the sign on a temporary basis meaning any time there is: a problem or complaint it could. be brought down. He moved they be allowed temporary sign encroachment on the City and State Right of Way, with the State ;making their own decision. Seconded by.Councilman'Nystul.. Motion carried. BANNERS OVER CITY STREETS. Councilman Palmer said it appears we needed to adapt some type of policy that would be fair and equitable .for all special interest groups. The committee has not .met on this. Mayor McDowell requested he be directed to confer with other cities and report back to the committee. Discussion followed -on what happened to require this policy -and general discussion about banners. Councilman Ruiz asked if we have jurisdiction. Councilman Palmer requested the Mayor be allowed to do as was requested. There were no objections. ,SAFETY -- Councilman -Schindler reporting ,The Committee met with Chief Stefanic and he requested we reinstate the Sergeant's position -in the Police Department. The Safety Committee recommends to the Council that we do reinstate the Sergeant's position because they are shorthanded in this position. Councilman Schindler moved and Councilman Springer seconded the.Sergeant's position be reinstated. Discussion followed as to when it would:be.effecti.ve and how it would be funded. Motion was amended to include requirement that the advancement process will be.by competitive exam. Motion carried. MISCELLANEOUS Councilman Saverud, moved the license and permit bonds that have been reviewed by the City Attorney be approved, Councilman Springer seconded. Motion carried. Councilman Palmer reported the City owns a tract in the Bertche Addition which the City no longer needs and asked what the City wants to do with this tract. Discussion of the property followed. Assigned to the .Water/Sewer committee for review.and recommendation. Mayor'. McDowell reported there will be a Parks Advisory Committee .meeting January 23 at 7:30 P.M., and requested' everyone who, can to attend, especially Councilman Springer and Councilman.Manning., Also, on January 25 the League and the Montana:Associat on of ,Counties are sponsoring a Local Government Day at: thO Legislature' beginning at 10:00 a.m., in the Governor's reception ioo:-,of'the`State Capital. Also on the 24th, there is a hearing on House .Bill 170, dealing .with the Block Grant'Program.