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06/17/85 City Council Minutes327 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL VAS HELD;AT 7:30 P.M. MONDAY JUNE 17, ;;,1 5 IN THE COVXCIL ., CHAMBERS: ' AT CITY BALL.. MAYOR MoDOWELL. PRESIDED.. ALL i; CdUNCILMEN WERE PRESENT. APPROVE.MINUTES Councilman Manning m6ved..the minutes of the June 3, 1985 regular meeting be approved as corrected. Councilman..Sehindler seconded and the motion carried. PUBLIC HEARINGS: Olsen Addition.#17T. Magor.MoDowell. opened the public hearing concerning ann xatign of. th',e.Olson Addition and.called.for Proponents and opponents. There being, n6ne the hearing was closed. Stebbins 'Addition #178 Maybii.'144b6:rell opened the public hearing concerning annexation of the Stebbins Addition .and oaiied for Proponents -and Opponents. There.being,no'ne,the.hearing was closed. Thom_pson:Summit Ridge #1.75 Ma yor iOowell, opened.thb-public hearing -concerning annexation of the Thompson Summit Ridge Addition. 'and called for. -Proponents and Opponents. . PROPONENTS: J OPPONENTS: Mike Fraser, representing Developer David Dachs, 335.Summit Ridge Dr. Greg.:$arnhs,;,Owner of -the property Harlin„ Blindauyer'. 320.Summit Ridge Dr. Kit.s Smith, Realtor. for Barcus Rich DeJana, A# Summit Ridge Dr. .. Jeff Roper;. Summit Ridge Dr David Dachs presented and.read a petition opposing the proposed annexation because the ::proposed lot -sizes are less thanjs required in the existing Summit Midge. subdivision. ,The petitioners stated they would support annexation of. Thompson .Summit Ridge with a pl# of:2 lots of.appraximately :12,000 sq.,ft, each.. ''Harlin Blindauer said he was concerned the council would consider a subdivision where noheap. dingbat housesn. could. be built. and, the.value of.the Houses ih the. present subdivision would., be,.severely .depreciated. . Jeff'., Ropers stated ,.he and his wife were opposed:. to the„ subdivision: as;, is but would .be glad to.see two houses.go on:that property ,. Rich DeJana stated he had been retained to represent.. Northridge Farms, the developer of : Summit Ridge.. He referred: ,to the .letter he presented, , to the;.... City earlier in the day; : {.o,n file ire Clerk'sArfice) and stated. the .annexation off' this property has , the potential for . degaluin9. the ;.properties n Summit :Ridge;,. I�e',.alao stated Summit._Rift wasannexed with cevenaate.,and _.requested. the city rEquire covenants pn;;Thompson Summit Ridge to make it compatible with._.property next to..it, Councilman Springer asked.Mr. DeJana if the developer -had sold this property without covenants and Mr. DeJana-said yes.. Councilman Palmer said.,he, didn't feel the city had the power ti) enforce 'covenants. .Mr..: _DeJana felt .,he opuld: establish -authority f'or tho;.:Qlty,. to j.,require restrictions .:on the .proposed annexation even though. they bane:,, met, all:the�.requirements..of the law already. :Mike Fraser responded that, the.developer had met all; .the requirementssimposedr.by.,law and they are probably meeiing.all of the covenant requirements'except°the'lot size. Or:..DeJana:requested and received cl,arifieation thatthi's,:p:roperty is. being, annexed .with R-4' -zoning. Jim,:Thompsoa,: the builder and dev:,eloper, addressed the council and reported he .i°s building;a home for himself on the middle lot ,and it.wiXl..:be compatible with the heighborhood. TheMayorcalled for additional.opponents and,. there being none,' declared the hearing closed. CITY .OFFICIAL REPORTS Treasurer's Report ([day) Police Chief n City Judge. " Building Official " 1 32,8' Counailman ..- Nystul= moved the,, . City- ' .®rf oial's'; Reports . be approved .as -presented. Councilman Grainger seconded and the motion carried,. ADDRESSING THE COUNCIL No one requested permission -to address the Council. COMMITTEE REPORTS: 'PARK5 Proposal regarding city sharing facilities on F'VCC land, Councilman Manning oalled upon Councilman Springer to report on this proposal.. Mr. Springer-reported'on tIhe meeting with -:the College Board in regards to developing an Interlo-cal .Cooperative.,Agreement ,to detdlop -a baseball field.oh the northwest corner of� the new campus. site. He then introduced Howard Freyette, College President, who :explained the proposal., Councilman tpringer movedtheCity'.CoOeil authorise'.the City Attorney to 'begin .:di,seuss ons a na'shdgotiatians with the :office of the County Attorney for development of th'e Interlocal,Agr6'ement and that the City Council go on record as,willing to partici'pat.e .fin' this i.progr°am with the' :Cammanity Colleg6-. 'Councilman Nystul seconded'. Councilman Ruiz asked .if there. was, :any-money>'eommitted td!-:thhis�project and he and 'Councilman Springer discussed several :aspects of the project at length. Councilman Ruiz •asked .:,Dr.. `Freyette i'f 'the College intended to take advantageof any water and .sewer servid6s. put,i:in-to serve the ball fields would .they q re uest 'the: city extend ;these..services to the college through this proposal. Dr.' Freyette said.' -the college could ;aot'' request(! city servi.64e through the cooperative agreement, but would certai#lyi request 'd ty:services at some future date.. Cc unc lman.:'P.a1 er oalled f:or, .the .question and the.-metien - harried. Councilman ;Manning r,eport;ed the Advisory ,Review• Committee. -will -meet June 25, -1985 at :7:00 P.M. and thw:igeirda,would include discussion of the college proposal. Kathy, Vil ti0y, 2:1 had presented a propo ' for ; s - it ker:af'-Cent sal elling .scarce land - to � the C y to help '°tie together Woodland Park, and Dry Bridge Farm Councilman- Nanning ikuested the council authorize the Mayor, himself and any other interested party,. investigate aequiring thi s. property. Councilman Springer, :moved i it `„ b0 : referred . to- the ,. Advisory Committee. '.Coubn lmin NY -stud seconded ;and the -mot -ion eari�i6d'. Resolution43593. .- Councilman :Mahilingi roperted there'ire two..Bruekhauser Peol Construction change: orders; the. •: first.` is for .' ,fibdrglassing the Wading,:Fool -in the amount- of $2,900-00 and the :seeohd item is placing,Attips ' the. fiberglass -pool liner. to mark 'the racing lanes at i`a ,cost of':$2,.�00.0�] o:moved the .1aydr be authorized to sign, a resolution adopting .the Change orders ;and Councilman ;.Schi ndler sekeoUtded. -' Re:30lutiOn"43593 was passed Jupon roll call vote. Councilman `Manning:;''peparte.d. School District #5. requested - ;'.a meeting. on June 26, 1985 at 3:30 to further discuss a land exchange. .:CITY DEVELOPMENT Councilman: Saoer-ud, reper=t,ed, the • Tax' Inereoent Advisory, -Committee has met • and is -in the prooesai of'-dev'eloping.:guideline's � for evaluating; ,,requests and will • have:,,an al`l�day • ;work session on July 18, 1985:. At this po�irit the City has receietl'Trequests iom pu3�lib ,agencies and 2 private developers. :He requested-ahy other: requests be presented as sPoon..as ossible 'EMPLOYMENT .-. No Repo t SEE.-==-' .? ORDINANCE#1061 Councilman '-Grainger :mvved��for- acceptinee of second read"ing., of Ordinance. 11061, in ordinance establishing a licensing :fee for poker maehines . and Councilman Sehli dler seconded. Upon roll.:eall vote Councilmen_ Springer, Saveruid, ,Ruiz-and.Palmer voted no. Councilmen Gra'ingfti Ny�stul, Meaning and'L:Sahindler -vdt* l Sres and- Mayor 'McDowell voted yes to.break:the ; Motion carried. Councilmaa::arainger reported a.negotiation meeting immediately'following this meeting. FINANCE Councilman Ruiz called for a Finance Compilttee,.meeting for June 26, 1985 starting -+ 8:00 am to .meet with department heads an,;budgeta, 329 1 SEWER &iWATER CApproval of:,;the °:extension' Agreementhas. beef' postponed....Couhcilmari Nystul requested it'be settled as'soon as passible so tlie. Cl;erl, and ` 'Developer can eleai° their books. _ .Councilman Nystul reported the easements we have redeived f'c�r`the Crop; Mail Building `are not in agreement with the actual location of the service lines abd,requezted:the council authorize the Mayor to release the existing easements and,. e,eute the'oorrect easements. Councilman Springer moved that ,author'itiatio i I be granted and . Council:man ,Nystul'seconded. Motion carried. ANNEXATION :Re solution' '359 4 Councilman Manning read Resolution #3594, a,resolution to annex the Schwartz Addition #174 and'so moved, Councilman Schindler seconded and ',the motfon.,carried upon roll call vote; J Resolution 3595 Councilman Manning read Resolution #3595,; a: resolution, to aftex"the'St.ebbins Addition �`178 and -: so moved; 'Col .ncilma:n Nystul seconded and the motion carried .,upon 'roll .Call vote. 'Resolution 3596 Councilman Manning read .Resolution 13596 a.resolution' to annex_the Olson Addiiiuri. t77 .' .so moved.' Councilman Nystul seconded and the 'motion datried upon roll call vote. Resolution .3597 Councilman Manning read;Resolution . #3597, a,resoiution to.annex.th.e,Thgmpson Summit Ras Add3t on 175 and "so n[dve-d. --Councilman,. Schindler seconded -aid: the motion :carried -up= roll oa] l vista _ Resolution. 3598 . Councilman Manning read;.. Resolution #3598, a resolution Conditionally „approving. the {preliminary pl t" o Thompson ,Summit Ridge. Addition #175: He reported ;the dpmmIttee had recomme ed -the payment in lieu of park land: be °reduae.d f'rom'. $3,DOd;Q6 :to . $1,5DQ.00 and moved, ,the :reeialtition be so amended.- Gpusieilman Springer' seconded. After..lengthy :dis ousalbh ``on the perlicy..for determining these' payments the :mati,on far amendment carried. Cou,heilman'. Manning -read' :the amended resolution and. ' so moved. Cou�ecil�an .Palmer Councilman Ruiz and,.Mr. DaJana discussed which properties comprised ..Summit Ridge and other questions. Mr; DeJana pointed. out for the lr%ecord' that the preliminary -plat .approval .was not on .the :agenda. Councilman Saverud asked Jim Thompson, the developer, whether he would consider putting covenants, on the development. He didntt know what,would.be involved'.and Kits,.Smith commented Mr. Thompson hasn't studied the covenants. Councilman Manninp-�;moved. action, -on Resolution 3598 be tabled until the next council meeting.;sp....that have time to consider whether. he may want to impose the Summit Ridge -covenants on`his:development. Councilman Saverud. seconded. After further discussion.the question was called. for. The. voicevote was,m 'x`ed,and roll call vote was held,. Councilmen Springer, Nystul� ,.klanning,..Palmer and Schindler voted against tabling, Councilmen Saverud, Grainger) sud.__ i .._w .:.in, favor,. Motion defeated. Councilman Ssverud asked the City. Attorney if the ..0 ty.should impose.covenants,and he replied it shouldn't. The Mayor .called , for • roll •call. vote and the resolution passed. Resolution 3599 Councilman Manning read Resolution #3599, a resolution of. intent to— annex, the. Nigg Addition #188 and so moved'.: Councilman Nystul seconded. • and_ •1 the motion . aarried upon roll call vote. 330 Councilman Manning moved the Council requestea review of conditional use-,of,"Bed, and Breakfast" in residential areas. Ile! explai.,ned thpso ; facilities providd a;,boarding use .'type service and::he reisommers the review to determine, if "fed' and Beaki�ast" op'eiati.bhs lie allowed `in resident,xi.il areas. This would be reported to "the C6un� ii, on August 1, 1985. Councilman Palmer seconded. After lengthy discussion the questlon was called for and the mpti6h carried. 'STREET" & ALLEY Ordinance on_ Parking, ,at North 'main sand East dreg6b . .> ostponed ` ght'ing- Agreement Frith Department pi" Highways - Postpgnoo, Councilman Palmer reported the committee regommends.. approval" of the Curb Cut Request from Jesse"Black and so moved. Councilman Nystul seconded and'the motion carried. Cau -eirliaau''Ruit asked' Councilman Palmer ... if the t 1iftness . behind Century 21 Preferred Properties' "is going"to have to "ptit in` curbing,, "Courieilmam" Palmer.. wil I check into SAFETY Couridilman Schindler reported the cbmmittee.is still -working on the Radio_ System Bids and' is looking into metbods of'i� ndiag the approx i4te ,$30, 0O;.00 budget "shortage, .: He and Counciliiin "Nystul: talked about ": itt equipment is necessary., MISCELLANEOUS the evuncil all da budget session is scheduled for -,:July, 2,.1985. TheTreliminarti. g t Approval is tentatively"scheduled for tihe:Ju1. 95, 1985. reguiar couna] meeting. 1lud e Rich DeJana requested a copy of.the:tapes of this meeting. The IMay€sr reported here Sri ll lie a meeting `of , the ' Viathead Basin Commission ;on Jane 25, 14851) from 1- 3 pm in'"t`lie FI:'atYr"cad 'Nationai ..Forest conferen", room,- to discuss:prvgrbss being made toward eliminating phosporus in community .wastewater disaharges.`touncil;man Nystul agreed ta'attend.. 'Therewill : be an International' "J.oint ` Commission: Publi Rearing, oonoerning the Flathead River at I th'e Odti,i inn on July 9, 1985 at 2 and 7u. The .yc' read a' I.et er fray Farmer Mayor Tom E'lynn'`cl rr fy ing- leis .comments made at 'the J.5tudi Commiss� on .Meeting: T y rrom,. Herb, and, Dor#;s Stahnke for the newly, repaired The Mh .or also ,read a ;thank: ,you note f a1:le bet�ir n 3 ee . ; y`.. rd and 4tY' Ave". West. f" am nth to 6th ,.Street -and for the continual.,gcaod service on,:garbage pick up. - ` Mayor McBowell requested permssion:tb be absent Councilman ' Tystul requested permission to "lie atsent' July 1-23, 1985. y q t July 10-27, 7985. Clerk "11ilver requested per iission"',to be a%sent .July '!_3-23, 1.9Ba. i 7 - Meeting adjourned at 9.:50 pm. - Approved as resented-" July _ p y. 1,"19.85 ' McDowell or ATTEST: . T "Don' . n Halter: C1erk1'�reasurer The City of Kalispell Gaming Commission! met..in the Mayor's_ office -Jvl.y 1, 1985. Those "in attendance'"iaer Mayor 'McDosnie'1"1 Councilman Grainger; Police Chief Stefane,..Ciy clerk Halver arid -Bryan K. Stahlberg. .The Mayor called the meet ing..t4.,order",,a;hdi;asked:,if there.,,was _anyone. presenit..opposing -the- application of Bryan K. S'tahlberg for a, Gaming License for thepremises at 92 North, Main, Sportsman Bar & Cafe, Kalispell. There being none,'Council: 'Grainger moyea.hhe;applica ion be approved. Chief.Stefanic seconded and Ehe motion "carried. ,.ATTEST: LeRoy MaDowel.l, 'Mayor Don Halver, city' -Clerk -Treasurer