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05/06/85 City Council Minutes311 I 1 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MAY 6, 1985, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. ALL COUNCILMEN PRESENT. APPROVE MINUTES Councilman Schindler moved the minutes of the regular April 15, 1985 meeting be approved as presented. Councilman Grainger seconded and the motion carried. BID OPENINGS: Decorative Street Lights: 1. Herwig Lighting Box 768 Russellville, Arkansas 72801 2. Lighting Management Design 11419 Mortimer Drive Houston, Texas 77066 3. Sun Valley Lighting Standards, Inc. 7900 Clybourn Ave. Sun Valley, California 91352 4. Sternberg Lighting/B.L. Peck and Associates, Inc. Bond check $7,400.00 3 proposals, various prices Bond check $4,255.50 3 proposals, various prices Bond check $65475.00 50 units $64,750.00 Bond Check $4,605.00 3 proposals, various prices Councilman Nystul moved the bids be referred to the Street and Alley Committee and the Finance Committee with power to act. Councilman Springer seconded and the motion carried. Asphalt: 1. Pack and Company, Inc. P.O. Box 222 Kalispell, Montana 59903-0222 2. American Asphalt 2085 Montana 35 Kalispell, Montana, 59901 10% bid bond 6000 tons @ 24.99 = $149,940.00 10% bid bond 6000 tons @ 20.75 = $124,500.00 Councilman Nystul moved the bids be referred to the Street and Alley Committee with power to act. Councilman Springer seconded and the motion carried. Sidewalk and Curb Construction: 1. Big Montana Concrete Construction 2. Marriott Concrete Box 964 Whitefish, Montana 59937 10% bank money orders phase 1 $21,148 phase 2 $24,020 Sidewalks & Curbs $1,000 money order bond bid price not summarized letter of credit $2,213.52 phase 1 bid not totaled letter of credit $2,451.30 phase 2 bid not totaled Letter of credit $1,000.00 Sidewalk & Curb Bid price not totaled Councilman Nystul moved the bids be referred to the Street and Alley Committe and the Finance Committee with power to act. Councilman Palmer seconded and the motions carried. PUBLIC HEARINGS: Creation of S.I.D. #337 The Mayor read the purpose of the creation of the District and turned the discussion over Councilman Nystul who explained reasoning and intent for creating the District. The Mayor called for Proponents and Charles O'Neil, owner of Tract 2 of Woodland Addition, stated he was a proponent. 312 The Mayor called for Opponents and the following indentified themselves: Floyd Pauli Carol Grainger Marilyn Bain Marty Palmiter Henry Elwood 404 Sylvan Drive 420 Sylvan Drive 607 Sylvan Court 401 Sylvan Drive 411 Sylvan Drive Marty Palmiter stated she didn't feel she had enough information. Henry Elwood said he didn't have enough information on the cost, or the project itself, so the people can understand what is going on. Councilman Springer asked Councilman Nystul how we can pass the Resolution if we don't know how much it will cost the people. Councilman Grainger said the problem is the people don't know where the lines will run or what they have to do to get hooked up. Councilman Nystul stated the engineering is -normally not done until after the S.I.D. is created. Dennis Carver explained what work had been done in preparing the S.I.D. Carol Grainger asked Mr. Carver if the Sewer Lines would be on the oposite side of the road from the water lines and is the road in the wrong place and have to be moved? She was concerned about hidden costs being passed on. Dennis Carver said he didn't know if the road had to be moved; he stated the costs could not exceed the amount of the S.I.D. Carol Grainger asked if the General Property Taxes would increase and Councilman Nystul answered that the taxes would only go up if the -market value of the houses increased, as evidenced by sales in the neighborhood. Councilman Ruiz stated the people have to decide whether they want to be on the City Sewer system or if they want to stay on septic systems. Marilyn Bain said she felt the method of apportioning eosts,was unfair. Councilman Nystul suggested the Hearing be continued until the next meeting and take Dennis Carver's assessment list and mail it out so the people can see what their charges would be. The Mayor declared the Hearing continued until the June 3, 1985 regular council meeting. Councilman Schindler reminded the audience the 50% funding could dry up at any time. Christine Curtis of 530 Sylvan Driveasked if someone could come down and look at her house and give her an idea how the sewer would hook up to her house. Mayor McDowell said for her to give him a call at his office. Marilyn Bain asked if anyone was goingto answer the questions in her protest letter. The Mayor said the questions would be answered. The Mayor said the letters received in,protest were on file. Letters were received from: Winnie Kaser of 341 College Ave. Henry J. Elwood of 411 Sylvan Drive Dennis and Marilyn Bain of 607 Sylvan Court FINANCIAL SERVICES ZONE CHANGE REQUEST Mayor McDowell Opened the public hearing on the Financial Services zone change request. Bill Walker spoke as a proponent and explained the project and the request for the change. The change is needed to allow a family restaurant. There were no other proponents. 313 Cary Weyrauch of 1271 N. Meridian said he liked the idea, the project would be good up there but he wanted to know how much more traffic N. Meridian could stand. The Mayor said the road was scheduled to be rebuilt when funding becomes available. With no other opponents the Mayor declared the hearing closed. ABANDONMENT OF THE ALLEY OF BLOCK 126 Mayor McDowell opened the public hearing on the proposed abandonment of the alley in Block 126 and called for proponents. Jonathin Smith of the County Attorney's office reported the County now owned the whole block. John Peterson, representing the architects, presented the drawing of the project. There were no other proponents and the Mayor called for opponents. Councilman Saverud asked if there would be adequate easements with the alley abandoned. There were no other opponents and the Mayor closed the hearing. ABANDONMENT OF 9TH STREET BETWEEN MAIN AND 1ST. AVE. WEST Mayor McDowell opened the public hearing and called for proponents. John Peterson briefly explained the purpose of the closure and explained the drawing being shown. With no other proponents and no opponents the Mayor declared the hearing closed. ADDRESSING THE COUNCIL No one requested to address the council. COMMITTEE REPORTS: ANNEXATION SECOND READING ORDINANCE #1057 (COLONIAL VILLA ANNEXATION) Councilman Manning read the ordinance and so moved. Councilman Grainger seconded the motion and it carried upon roll call vote. FIRST READING ORDINANCE #1058 (FINANCIAL SERVICES) Councilman Manning read the ordinance and so moved. Councilman Springer seconded and it carried upon roll call vote. FIRST READING ORDINANCE #1059 (ZONING ORDINANCE AMENDMENTS SECTIONS 5.06-5.08) Councilman Manning read the ordinance and explained it. After considerable discussion Councilman Manning moved the ordinance be approved. Councilman Palmer seconded and the motion carried upon roll call vote with Councilman Ruiz voting no. RESOLUTION 3579 Councilman Manning read Resolution #3579, a resolution of intent to annex Thompson -Summit Ridge Addition #175 and so moved. Councilman Springer seconded and the motion carried upon roll call vote. RESOLUTION 3580 Councilman Manning read Resolution #3580, a resolution of intent to annex the Olson Addition #177 and so moved. Councilman Nystul seconded and the motion carried upon roll call vote. RESOLUTION 3581 Councilman Manning read Resolution #3581, a resolution of approval of the Hawthorne West Improvement Drawings and Final Plat and so moved. Councilman Palmer seconded and the motion carried upon roll call vote. STREET & ALLEY RESOLUTION 3582 Councilman Palmer read Resolution #3582, a resolution to abondon the alley of Block 126, Kalispell Original Townsite and so moved. Councilman Saverud seconded and the motion carried upon roll.call vote. RESOLUTION 3583 Councilman Palmer moved to adopt Resolution #3583, a resolution to abandon Ninth Street West in the block between Main Street and First Avenue West. Councilman Saverud seconded and the motion carried upon roll call vote with Councilman Schindler voting no. 314 Recommendation for Parking Variance for Coca-Cola Co. Councilman Palmer reported the committee recommended a 15 minute parking zone be established between the hours of 1-5 P.M., on the east side of North Main from Oregon Street to the north edge of the Coca-Cola Co., property. He so moved subject to State Highway approval. Councilman Schindler seconded:and the motion carried. Curb Cut, 344 2nd Ave Bast Mr. Bob Wallace has requested the widening of his present one car curb cut to a two car curb out to provide access to a planned garage addition on his property. Councilman Palmer so moved. Councilman Schindler seconded and the motion carried. Credit Bureau Curb Cut The Kalispell Credit Bureau has requested a curb out into the parking lot of their new building on Second Ave West. Councilman Palmer moved and Councilman Schindler seconded the motion this be allowed. Motion carried. Park Place Street Recommendation The Street and Alley committee recommended a through street because a cul-de-sac would not provide adequate turning radius for fire trucks and would put additional traffic in the alley. Mrs. Wilson said there were only two houses and no fire hydrants on the street so there was no need for,the fire trucks to come in there. She prefers the cul-de-sac. Councilman Schindler asked if she was aware of the snow removal problems in the cul-de-sac. Bud Nau said the snow plow usually didn't even make it to the alley so he.didn't see any plowing problem. Bill Schlegel spoke in favor of the cul-de-sac. He and Mr. Wilson wanted to know why the wishes of the majority of the residents of the area were ignored. City Surveyor Zavodny reported there was not sufficient right-of-way for a cul-de-sac where the residents want it. An 80 foot right-of-way would be required and the city presently has 70 feet. Councilman Palmer asked the Wilsons if something could be worked out. Mrs. Wilson again stated there was no need for fire trucks to be going in there and Mr. Wilson said they couldn't give up much and still have a legal size lot for building. Councilman Palmer moved we adopt the cul-de-sac stopping short of the alley; that the alley tie into 12th Street; and -that this motion is subject to being able to work out an easement agreement with Mr. and Mrs. Wilson that will allow radius for fire trucks to turn around and leave the Wilsons with enough' land for a legal building lot. Councilman Schindler seconded and the motion carried. The Mayor asked the Director of Public Works to sprinkle the street for dust control. Alley Paving - Immanuel Lutheran Home The Home has offered to pay for the materials if city crews would pave the alley. Councilman Palmer moved the City adopt a policy of paving alleys when people supply the materials. Councilman Schindler seconded. Motion carried. A resolution will be drafted detailing the policy LHC Proposal - order in curbs. They would like the city to order in curbs and :they have offered to make all preparations for paving on 7th Ave W.N. if the city would lay the asphalt. Councilman Grainger asked if they would have to be bonded and insured to work on city streets. DPW Hammer stated they already were. Councilman Palmer moved the paving proposal be accepted. Councilman Schindler seconded and the motion carried. Resolution 3.584 Councilman Palmer moved adoption of Resolution #3584, a resolution ordering in curbs on 7th Ave. W. N. at the location of the subject property and Councilman Schindler seconded. The motion carried upon roll call vote. Councilman Palmer scheduled a Street and Alley Committee meeting for 3:00 Thursday. Councilman Ruiz scheduled a Finance Committee Meeting for Wednesday at 3:00. 315 SAFETY Councilman Schindler moved the Police Chief be authorized to call for bids for a Police Radio System. Councilman Saverud seconded,, . Motions -carried,. I, ,I' -, L, I ...;..10.1 Councilman Schindler scheduled a short Safety Committee Meeting for 4:00 P.M. Wednesday. PARKS Councilman Springer addressed the Council: "All of you know, I'm sure, an announcement was made last Tuesday that I had decided not to stand for reelection. Since that time, it's been bandied about that I have resigned, retired, been fired, all of the above, by various people. I have not resigned yet and haven't been fired I don't think. I would like the record to show I'm still a member of the City Council. The reason I make that statement is because of rumors that have gotten back to me in the last few days that my demise has been well publicized, with a great deal of fanfare and jubilation. You've all seen the minutes of the May 1, 1985 Parks Committee meeting. In consultation with the Mayor and with Councilman Manning and specifically at my request I asked that Chuck assume the responsibility of the Chairmanship of the Parks, Airport and Golf Committee, It's with a great deal of sadness that I relinquish that chairmanship,Chuck, with a great deal of hope that you can mend some of the fences that have been broken. I don't want to give up the works of the Parks Committee nor will I apologize for the things that been done for the short tenure that I have been on it, nor will I allow the criticipm that has been leveled at this particular committee to be the deciding factor for my decision not to seek re-election, that is not the case at all. Any differences that have been evident between myself and staff members I think, as I have stated before, were in the eyes of other people and not myself. And with that thought I openly express my appreciation with the Council for the privile4,e of having served with you for as long as I have and as long as I continue to, and Chuck, all my blessings to accomplish othe things we set out to do some fourteen months ago." Councilman Manning reported on the National Guard request for property on the Airport; the Committee recommends that we negotiate on an area north of the Sewage Disposal Plant and south and west of the Airport Runway. Councilman Manning moved the Mayor be authorized to negotiate with the National Guard Armory on those lands. Councilman Springer seconded and the motion carried. CITY DEVELOPMENT Councilman Saverud reported on the Tax Increment Policy Manual and moved it be accepted by the Council. He also moved the Mayor appoint the Tax Increment Policy Committee at the earliest possible time. Councilman Schindler seconded. After some discussion the motion carried. Mayor McDowell requested appointment of Henry Good, F. Charles Mercord, Dale Haarr, Steve Olson, Margaret Fleming and Paul Wachholz. Councilman Saverud moved the nominations be confirmed and Councilman Nystul seconded. Motion carried. EMPLOYMENT Councilman Grainger requested an executive meeting to discuss negotiation strategy immediately following this meeting. Councilman Grainger moved the License Bonds found in order by the City Attorney be approved. Councilman Nystul seconded and the motion carried. FINANCE Councilman Ruiz moved the claims found in order by the Finance Committee be approved for payment. Councilman Grainger seconded and the motion carried. There will be a Finance Committee Wednesday at 3:00 P.M. SEWER & WATER Councilman Nystul stated the meeting scheduled for Wednesday may be expensive in that they are going to tell us is that we may not discharge into Ashley Creek between May and September. He encouraged all Council Members to attend the meeting Wednesday at 4:00. The consulting engineers report the Sludge Handling Facility is almost ready for final approval. 316 MISCELLANEOUS Councilman Ruiz requested permission to be out of the state May 19 through the 26E;h. Councilman Saverud read.the following letter into the record: 5 U.S. Department of Housing and Urban Development Denver Regional/Area Office, Region Vill Executive Tdwer 1405 Curtis Street Denver, Colorado 60202 April 17, 1985 Mr. Edward Gallagher Community, Devel opment -•Di rector Kalispel„1, Montana 59901 Dear Mr. Gallagher: By separate letter, Regional Administrator,'Grad y Franklin Maples will.inform Mayor McDowell that the city of.Kalispell has satisfied the requirements necessary to begin dravring funds from its newly established Letter of Credit to reimburse eligible costs for the. Kalispell Shopping Mall Urban Development Action Grant (UDAG) Project Number B-84-AB--30-0011. The Letter of Credit has been established in the amount of $3,17 5,000 for this project; This authorization follows our .approvar _o.n. April 10, 1988, of the evidentiary materials submitted by the city in accordance with our Grant Agreement on the project. We have pre'vi'ously approved"•1he dity's Request for Release of Funds by our letter dated dune 23;.1984, satisfying preliminary environmental responsibilities for the development. As a result of these approvals, the city may now reimburse eligible costs for this project in accordance with Exhibits B, C, D and E of the Grant Agreement. We look forward to continuing our work with the city to see the successful completion of this important economic development effort in Kalispell. If you have any questions, please contact Mr. Ted Zelio, UDAG Development Officer, .at (303): 844-5121. Sincerely, Ro t J. Mituschek Director Office of Community Planning and Development Also, today, a building permit was issued for the Mall Project ineluding,a water connection fee of $1,100.00, sewer connection fee of $19,000.00, building permit fe-e of $23,460.90, and a plan review fee of $15,24m9. Total fees paid today were $58,810.49, 317 1 1 Councilman Nystul moved Joan Jellison be reappointed to the Police Board. Councilman Ruiz seconded and the motion carried. The Mayor reported there will be a meeting in the Council Chambers May 9, 1985 at 7:30 P.M. for reviewing work projects and budgets for all the Planning Boards. The Mayor read a letter from the Chamber of Commerce 'thanking the City, and the Street Department for doing such a great job in getting the streets cleaned up. Upon motion of Councilman Grainger, the meeting was adjourned at 10:30 P.M. Approved as presented May 20, 1985 ATTEST: Don Halver, Clerk/Treasurer PARIF-Swex �M� -errJkAIN97 �♦ - 'r rr"