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04/15/85 City Council Minutes307 BID OPENING There were no bids presented on the proposed sale of surplus City -owned property on North Meridian near the Circle K. Councilman Nystul reported on the procedures outlined by the City Attorney in July 1984 and moved the Mayor and City Attorney be authorized to negotiate for private sale of the property, subject to referral back to the Council -for passage of the appropriate Resolution. Councilman Saverud seconded. Councilman Palmer abstained. Motion carried. Mayor McDowell requested appointment of Ken Jackson as Building Official effective April 22, 1985. Councilman Saverud so moved and Councilman Nystul seconded. Mike Hughes, representing the Flathead Homebuilders Association stated the Association Board of Directors wanted to be on record supporting the appointment of Ken Jackson. Motion Carried. Council Palmer moved a maximum of five seasonal employees be authorized for Garbage Alley Cleanup for about one month. Councilman Springer seconded. Motion carried. Councilman Palmer moved the Department of Public Works be authorized to hire one seasonal employee from now through August, subject to availability of funds. Councilman Nystul seconded. Councilman Grainger moved for adjournment. Adjourned 4:12 P.M. Approved as presented April 15, 1985 ATTEST: Don Halver, Clerk/Treasurer THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL 15, 1985 IN THE COUNCIL CHAMBERS AT CITY HALL. NYSTUL WAS ABSENT. ALL OTHER COUNCILMEN PRESENT. tat -'.McDowell, WAS HELD AT 7:30 P.M. MONDAY APRIL MAYOR McDOWELL PRESIDED. COUNCILMAN APPROVE MINUTES Councilman Ruiz moved the minutes of the April 1, 1985 Regular Meeting be approved as written. Councilman Schindler seconded and the motion carried. Councilman Grainger moved the minutes of the April 11, 1985 Special Meeting be approved as written. Councilman Ruiz seconded and the motion carried. PUBLIC HEARINGS: 1. ANNEXATION OF COLONIAL VILLA There were no proponents. Opponents Mrs, Lloyd Wilson asked if Washington street would be continued down the hill and she was told it would not. She said it looked like they were building a road from the Greenwood Trailer Park up the hill. The owner of the Trailer Park said he was expanding the Trailer Park but was not building a road up the hill. With no other opponents the hearing was declared closed. 2. SUBDIVISION OF COLONIAL VILLA The Mayor opened the public hearing and reviewed the location and. purpose of the subdivision. There were no proponents or opponents and the Mayor closed the hearing. 3. ZONING ORDINANCE AMENDMENT; NONCONFORMING USES. The Mayor opened the hearing and explained the proposed amendments. There were no proponents or opponents and the hearing was closed. 308 CITY OFFICIAL REPORTS Treasurer's Report (March) Police Chief " City Judge " Building Official " Councilman Schindler moved the seconded and the motion carried. reports be accepted as presented. Councilman Palmer ADDRESSING THE COUNCIL Chet Mahugh, of 245 Fifth Ave. East, addressed the council concerning his request for a zone change on.North Main, how he had been requested to pursue a zone change for the entire half block, which was subsequently turned down. He was present to express his frustrations since he had met all the requirements and then was voted down.. He would like some discussion and direction concerning a zone change only for the property he is interested in. Chet Ellingson asked if the petitions had been checked to see if they met the 1120%" requirement and was told it was not necessary because the Council voted unanimously against the zone change. It was the consensus of the Council and the City Attorney Mr. Mahugh would have to reapply and go through the process again. Bruce Cunningham of 767 North Main wanted to be assured there would be a public meeting if we go through this again and the Mayor assured him there would have to be due process and a public hearing. Michael Ober stated there were people who would be opposed to any zone change in that block. Mary Stillman, of 33 East California, reminded the council that they had worked within the system, as had Mr. Mahugh, and they were still adamantly opposed to any zoning change in that block. COMMITTEE REPORTS: " SEWER & WATER - No Report ANNEXATION - Councilman Manning Reporting 1. FIRST READING ORDINANCE #1057 Annexation of Colonial Villa. Councilman Manning read the Ordinance and moved acceptance of First Reading. Councilman Springer seconded and the motion carried on Roll Call vote. 2. RESOLUTION #3575 A Resolution of Conditional Approval of the Preliminary Plat of Colonial Villa. Councilman Manning read the conditions of the Conditional Approval and the Council discussed some of the conditions at length. He moved the resolution be adopted and Councilman Schindler seconded. Councilman Saverud requested Condition #4 be amended to require access for emergency egress to Highway 2. Councilman Palmer asked how the amount for park land was arrived at and wondered if the amount was adequate. Considerable discussion followed. Councilman Manning moved the Resolution be amended to provide the Cash in Lieu of Park Lands be in an amount determined to be appropriate by the City Council. Councilman Springer seconded. With a show of hands vote, 3 voted Aye, 4 voted Nay, amendment failed. Councilman Ruiz moved the Resolution be amended by striking Condition #4. Councilman Palmer seconded. Amendment failed. Councilman Manning attempted to clarify the Fire Department Requirements for road widths, turning radius, and placement of fire hydrants. Developer Bill Schmidt said there would be a fire hydrant installed on East Washington, near the entrance, probably during construction of sewer lines. . Councilman Manning moved Condition #14 be amended to require a Fire Hydrant be installed in accordance with Kalispell City Standards and must be operable prior to construction. Councilman Springer seconded and the amendment carried. The Resolution was approved by roll call vote. 309 Resolution #3576 A resolution of intent to annex territory known as the Schwartz Addition #174 was read by Councilman Manning and moved for acceptance. Councilman Schindler seconded. Councilman Grainger pointed out an error in the legal description which was corrected. Motion carried on a roll call vote. Councilman Manning Moved the City Attorney draft an ordinance on non -conforming uses for First Reading at the next council meeting. Councilman Manning requested an Annexation meeting of the Whole Council for April 23, 1985, at 3:00 P.M.; a work session with the City -County Planning Board. The topic is to review and get input for the Comprehensive Plan. STREET & ALLEY - Councilman Palmer Reporting Resolution #3577 Councilman Palmer read a Resolution of Intent to abandon Ninth Street West between Main Street and First Avenue West and so moved. Councilman Saverud seconded. Roll call vote. Councilman Springer voted no. All others present voted aye. Motion Carried. Resolution #3578 Councilman Palmer read a Resolution of Intent to abandon the alley in Block 126, Kalispell Original Townsite and so moved. Councilman Saverud seconded. Motion carried on roll call vote. Councilman Palmer reported to the Council and the Public the intents of the Street reconstruction projects are posted on the bulletin board. Councilman Palmer moved to order construction of Curbing per the list posted on the bulletin board. Councilman Saverud seconded and the motion carried. The Flathead Board of Realtors, represented by Carolyn Wirt, Preston Preble, and Sis Edwardson, addressed the council concerning a possible civic project for the Board. Carolyn Wirt spoke for the group and said they were thinking of something for Depot Park. The Mayor suggested they coordinate their plans with the Parks Director and also come in and see the Mayor.on their proposals. SAFETY - Councilman Schindler reporting He read the letter requesting confirmation of John A. Sturzen as a Confirmed Firefighter, effective April 17, 1985 and so moved. Councilman Grainger seconded and the motion carried. Councilman Schindler requested the cancelled Safety Committee Meeting be rescheduled for Thursday, April 18, 1985, at 4:00 P.M. PARKS - Councilman Springer reporting The committee. met in joint session with the Community Development and Annexation Commitees; for the purpose of establishing a fair market value for the Griffin Park Property. The City received two professional appraisals; $279,000 and $360,000. He moved the Council adopt, as a fair market value price for the City Owned Portion of Griffin Park, the sum of $400,000.00. Councilman Schindler seconded and the motion carried. Councilman Springer moved the advertising period for solicitation of bids be limited to no more than six weeks and the Council may accept any proposal it considers to be in the best interest of the City. City Attorney Neier received confirmation the ad and the resolution would require the successful purchaser must bid at least 90% of the fair market value. The motion was seconded by Councilman Schindler and carried. Councilman Springer scheduled a Parks Committee meeting for April 17, 1985 at 4:00 P.M. He reported there were more than nine proposals to be evaluated by the Committee and requested the council members review the proposed checklist developed by Councilman Manning. Councilman Manning stated he felt any park proposals should meet the same type of review as private property developers. CITY DEVELOPMENT - Councilman Saverud reporting Mr. Robert Ehlers, representing Dain Bosworth Inc., will be in the area on Tuesday and Wednesday and would be available to anyone on the council to discuss tax increment financing. EMPLOYMENT - Councilman Grainger reporting He reviewed the letter received from the Mayor detailing recent personnel hiring and transfers. 310 Councilman Grainger scheduled an Employment Committee meeting for Wednesday, April 17, 1985, at 3:00 P.M. FINANCE - no report MISCELLANEOUS Pieter Drent introduced Maurice Dudley, of 1200 7th Avenue West, who requested permission to contribute some money to the Woodland Park Rose Garden in memory of his aunt, Marie Hanson, who had resided in Kalispell for approximately 60 years. He also presented the Mayor with a sample of the plaque he requested be placed in the Rose Garden in her memory. Councilman Saverud requested a meeting of the whole council April 24, 1985, at 4:00 P.M., to consider the merits of a Municipal Court System for the City of Kalispell. City Attorney Neier reported he and the Mayor had negotiated the sale of the Bertschi Addition surplus city owned lot to the Coca-Cola Company. The sale price is $10,000.00 with the City holding earnest money of $1000.00. ..Councilman Springer objected to the City having to pay for Title Insurance. Mayor McDowell reported the Kalispell City -County Planning Board in its March 12, 1985 Meeting, selected Mr. John Santa as the member at large of the Planning Board. Councilman Manning moved and Councilman Grainger Seconded the appointment be confirmed. Motion carried. The Mayor reported there will -be a Bonneville Power Administration Public Hearing April 221 1985 at 6:30 P.M., at the Columbia Falls High School Gym. He recommended we go on record in support of cutting power rates to the northwest aluminum industry. Councilman Saverud moved the Council authorize the Mayor to identify the Cityts concerns and support of the intent to save the Aluminum Plant. Councilman Schindler seconded and the motion carried. The Mayor reported we have received proposals for remodeling the old Fire Dept. Building; they are within the budget andworkis proceeding. Councilman Palmer requested the Council vote on selling the Bertschi Addition Property Councilman Springer polled the members. Councilman Palmer abstained. All others voted to sell the property to Coca-Cola. Councilman Grainger moved for adjournment. Adjourned at 9:25 P.M. Approved as presented May 6, 1985. ATTEST: Don Halver, Clerk/Treasurer i