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02/04/85 City Council Minutes279 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, FEBRUARY 4, 1985 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMAN SCHINDLER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Springer moved to approve the Minutes of the January 21, 1985 meeting. Councilman Palmer seconded. Motion carried. ADDRESSING THE COUNCIL No one requested to address the Council. COMMITTEE REPORTS SAFETY - Councilman Saverud Reporting The council has received a letter from the Fire Chief indicating that Richard Sedden has served as a Lieutenant for a one year probationery period and recommended he be confirmed as a Lieutenant. Councilman Saverud moved that Richard Sedden be confirmed as a Fire Lieutenant effective February 4, 1985. Councilman Nystul seconded. Motion carried. PARKS - Councilman Springer reporting Introduced Robert L. Ehlers of DAIN BOSWORTH INC. who gave a presentation on the proposed sale of Swimming Pool Bonds. General discussion followed concerning a ten year issue compared to a fifteen year' issue. Councilman Palmer moved the City sell $550,000 in General Obligation Bonds to be financed over a period of fifteen (15) years; the sale to be held on March 4, 1985. Councilman Springer seconded. Motion carried. Resolution 3562 Councilman Springer moved passage of Resolution Number 3562 as presented subject to review and approval of the City Attorney. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS IN THE AMOUNT OF $550,000 FOR THE PURPOSE OF RENOVATING, IMPROVING AND RECONSTRUCTING THE SWIMMING COMPLEX COMMONLY KNOWN AS BRUCKHOUSER POOL IN THE CITY OF KALISPELL Seconded by Councilman Nystul. After discussion of bidding procedure and paying agents by Councilman Nystul and review of the resolution document by Councilman Palmer, Councilman Ruiz asked some questions on the bond selling and repaying procedures. Roll call vote. Councilman Schindler absent; all others voted aye. Motion carried. Councilman Springer requested the Council go into closed session to discuss the "Capes Litigation". The mayor declared a short recess for closed meeting at 8:02 P.M. Meeting resumed at 8:27 P.M. and Councilman Springer moved the Council authorize the City Attorney to proceed with the appeal to the District Court in the matter of "Capes vs. The City of Kalispell". Seconded by Councilman Ruiz. Motion Carried. Councilman Ruiz moved that our bond consultant, DAIN BOSWORTH INC., be given permission to bid on the Swimming Pool Bonds along with all other financial institutions. Seconded by Councilman Springer. Motion carried. CITY DEVELOPMENT - Councilman Saverud reporting As authorized at the previous council meeting, the Mayor and Committee have made preparations to sell Griffin Park. The City Attorney has prepared a draft of a Resolution of Intention to Sell this property. The committee would like to change the proposed Section II to essentially state the Council will establish the fair market value and advertise the property for sale. Resolution 3563 Councilman Saverud moved adaption of Resolution #3563, a Resolution of Intent to sell certain real property owned by the City of Kalispell. Seconded by Councilman Manning. Discussion followed on when to meet to set the value and sell the property. Councilman Saverud requested a joint committee meeting of the Parks and City Development Committees be set for February 19, 1985 at 4:00 p.m. to consider the appraisals on the property and come up with a committee recommendation. r Councilman Springer moved to amend the motion to insert the date of March 18, 1985 as the date for receiving sealed bid proposals, for purchase of the property from the City. Seconded by Councilman Palmer. Motion carried on the amendment. Roll call on the Resolution. Councilman Schindler absent; all others voted aye. Motion carried. We have also received a letter from the Montana Department of Military Affairs making a proposal for the Armory Site and we will discuss it at the same meeting. We have a letter from Marcella Sherfy, State Historic Preservation officer, Montana Historical Society, informing us that Mr. Ross Plambeck of our staff has been awarded a State Historic Preservation Review Board Commendation. He will be presented this award by the Lieutenant Governor tomorrow night. (February 5, 1985) EMPLOYMENT - no report FINANCE - Councilman Ruiz reporting Councilman Ruiz moved the claims found in order by the Auditing Committee be paid. Seconded by Councilman Grainger. Motion carried. Ordinance 1051 Councilman Ruiz read Second Reading of Ordinance #1051 (an amendment to Ordinance 1048) and moved it be accepted. Seconded by Councilman Manning. Roll call vote. Councilman Schindler absent. All others voted aye. Motion carried. Resolution 3564 Moved Resolution #3564; a resolution to transfer among appropriations, be approved. Seconded by Councilman Manning. Roll call vote. Councilman Schindler absent. All others voted aye. Motion carried. SEWER & WATER - Councilman Nystul reporting The Committee, having power to act, accepted the bid of Davies, Inc., for the backhoe for the Water Department. The Committee has determined the lot in the Bertschi Addition is not needed by the Water Department as a well site and no other City Departments have -a need for this property. The committee reports the property is surplus. Councilman Nystul moved the City Attorney be authorized to acquire an appraisal and prepare the necessary paperwork for the sale of this parcel. Councilman Springer seconded. Councilman Palmer abstained. Motion carried. ANNEXATION - Councilman Manning reporting Councilman Manning read Ordinance #1052 (Oftedahl Addition #171) and moved for acceptance of second reading. Councilman Nystul seconded. Roll Call vote. Councilman Schindler absent. All others voted aye. Motion carried. - Councilman Manning read Ordinance #1053 (Ken -way Addition #3) and moved for acceptance of second reading. Councilman Nystul seconded. Roll Call vote. Councilman Schindler absent. All others voted aye. Motion carried. Councilman Manning moved to: direct the City Attorney to draft an Ordinance amending Section 202 relating to the integration of the Kalispell Zoning Commission and the City -County Zoning Commission and set a public hearing date. Seconded by Councilman Nystul. Motion carried. a 281 11 1 1 Councilman Manning moved to direct the City Attorney to draft an Ordinance amending the non conforming use section of the City of Kalispell Zoning Ordinance relating to Section 5.06 and Section 7.31; putting that into one section and changing the intent of that Ordinance to deal with classification rather than use, and set a public hearing date. Councilman Palmer seconded. Motion carried. STREET & ALLEY - no report MISCELLANEOUS Councilman Grainger moved the bonds found in order by the City Attorney be approved. Councilman Nystul seconded. Motion carried. Councilman Palmer requested permission to be out of town February 8 through 18, 1985. Approved Mayor read letter from County Commissioners to Nick Verma concerning zoning around City of Kalispell. Mayor McDowell discussed the Legislative hearing on Gas Taxes and read a letter he had sent opposing House Bill 382. He also read a letter of response from legislator John Harp. Meeting adjourned at 8:56 P.M. Approved as presented February 19, 1985 ATTEST: Marjo ie Giermann. Clerk/Treasurer N ���i��� r '