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07/15/85 City Council Minutes334 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL, WAS.HELD AT 7:30 P. M. JULY.15, 1985 IN THE COUNCIL CHAMBERS AT. CITY HALL. COUNCILMAN RUIZ PRESIDED IN THE ABSENCE OF MAYOR McDOWELL. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Saverud moved the minutes of the July 1, 1985 meeting be approved as presented. Councilman Schindler seconded and the motion carried. BID OPENING Installation of Decorative Street Lights C. POWELL ELECTRIC .10% Bid Bond $23,200.00 HARP LINE CONSTRUCTORS COMPANY,.,Jb% Bid Bond $:29,156.75 Councilman Grainger moved the bids be referred to the Street & Alley Committee with power to act.. Seconded by Councilman Nystul and, the motion carried. PUBLIC HEADINGS: ANNEXATION.REQUEST: 'CHRISTIAN CENTER ADDITION NO. 1.80 Acting Mayor Ruiz opened the Public Hearing and called for proponents and opponents. Being none, the Acting Mayor declared the Public Hearing closed. FIFTH AVENUE WEST STREET DESIGN Acting, -Mayor Ruiz stated that this Public Dearing was not at a proponent/opponent position at this time,.:but rather an informational, meeting.He turned the hearing over to Street & Alley Chairman Palmer, who asked the estimated 30 interested citizens for their input. He explained that there: were some.design problems and some decisions to be made very quickly for`the engineering process and. study. He called upon Engineer Michael Fraser, who defined. the design proposal, so that comments would address specifically what would be done,.rather than address, something they are not proposing to do. Fraser 'stated that Fifth Avenue is today an urban arterial handling local'traffie, it doe's not carry extra local traffic, no truck traffic to speak of, nor is that. intended in the future. Ito intended purpose is to remain as it functions today. The proposal is that with construction -of a sewer trunk line, a storm sewer and new water line, from 11th. to Center, reconstruction. of the street is appropriate. The street has deteriorated to the poiht that it will be necessary to tear up to 40% in places and it will he. rebuilt to a larger width to handle projections.for a 20 year period. The recommended raidth is.411, currently varies from 27' to 30. The 41' would allow for parking on,both sides of the street, allow two lanes of traffic from 11th to Center with future possibility of any .increased traffic that might be generated out of the mall. In widening the street, some of the trees will hare'to be removed. From 6th to llth,.only a small percentage must be removed; from h th to Center a major portion of older trees which encroach the curb. These trees will be replaced by the City by 2 1/2"-3" W saplings, planted back far.enough as to.not affect the curb or street section or sidewalks. Councilman Palmer called upon Parks Superintendent Drent, who described the condition of the older trees.- Drent stated thatan inventory was -taken last winter from Center to 11th Street. 0f the 147 trees, 61 were Elm, 31 Green Ash, 36 Maple, 10 Mountain Ash and 9 miscellaneous..trees. About .50 trees were in poor shape, most of these are Chinese Elms. S&W Chairman Nystul then explained why:the sewer line must go through that street and why all repairs will be,dohe at one time. The primary: trunk line for the sanitary sewer which serves the north -half of'the community goes down First Alley West, behind First Interstate Bank. The line needs�to be replaced before it collapses. The line is designed to go 'down the north edge:of Center Street, !down.Fift.h Avenue West, to Tenth and out to the.treatment plant. With this reconstruction .a sizeable amount of the street must be � excavated, the storm:sewer needs to be replaced in portions of the street and.the water_ line. needs.tb.be upgraded. A recent'study shows that additional water is needed for the fireflow at the .high school and dross -town fire flow must be improved for the.justiee facility. With all of this,, the street will be pretty well excavated. Councilman Palmer then asked the audience for comments. These are attached to the Street & Alley .Committee minutes, with a statement of Tom and Linda Hurlock, who could not attend. He thanked those in:attendance for a goad crossroads of most of the opinions. He stated.that.those concerns would be.addressed at the next Street & Alley Committee meeting, which will be oo Wednesday, July 24th at.3:00 P.:M. A brief.discussion of why meetings.wbvoe scheduled at mid=afternoon followed. Councilman Palmer explained that meetings had to be condoeted during working hours with 335 secretaries., engineers,.,: public works people, a":well�ab!Cauneil membersthatall ,meatings.were.,open, all.,m3,.nutes of meetings avail able:'to :anyone. CITY OFFICIAL. REPORTS Treasurer's Report June Police Chief June .City ..Judge .. -June . Building Official June Councilman Grainger moved the City Official's reports be' accepted as ­ presented. Councilman Sehindler.sedondedr-motion carried. Councilman Palmer had a.questian on the Police Department's report: accidents reported, 89;_ investigated accidents', ,.27; non -investigated accidents, 37; this leaves .25 ;unaccounted for.and he'�wonders,why. Referring to the .City Judge.ts. report, Councilman'.. Palmer- commented that fixes were not ;being forgiven. as they were; and that of five is doing arkexcellent Job of collecting fines. ADDRESSING THE COUNCIL: .V .Mr,. ern..;.Mauritsen, representing Lutheran Brotherho6d::explal6k that the organization is.a nap -profit, -'fraternal benefit society. One of their nationwidbL programs is called Frienda! in:.the:.::Park.. They : will provide up to $300 An: materials if Lutheran contradt ho],461-3 ..do. the: wort€..:. He then.- presented Parks Superintendent Pieter; bi4iit with a• $300 chh6k for about . 110 elump.s ;of : birch that were planted in- the ,Northridge park area`. He stated that _hi3 :organi.zation ;has disbursed around $15,000 in matching funds so far this Year.:, Attorney .Therese. Fox addressed the Council on behalf of :Frownfelter. Construction regarding.a.zone change.on Farview East. They are requesting that -the building permit being grandfathered in. The property in question is known :as Parcel A, Gilman Addition, now as R-4 zoned area. Surrounding area was annexed-ir:1977 A bti� lding ,.permit:was issued for a 4,plex. Frownfelter is attempting to buy the land and build a 4.. - :on the existing. foundation. The request. has gone threugka FRDO and this applic0ioni:h".come: to -the attention of Ken Jackson and Glen defer for: the permit to be 'grand atherad in_: , The _ area . is completely; surrounded :; by, multifamily- r6sidea.ees .,. This .item iv, on the_,.agen and the, preliminary plat,-- approval .:will: be addressed by: the ;Annexation Committee. Mrti:: Tim ; DpWell,.s:.West.view JDrive, addressed tha Gerindil on . balf of, the Uptown Merchants. : He. . requests permission -for the --merchants . to,: pu 'merchala4ise- on the sidewalks ' August,- F-f� .and 3 ,. for �-annual--Crazy •€lays, premotioh4' H�e� talao-, asps .that on Saturdai, :August -3v they:. be, allowed.-;- to use - the, parking- Zot •directly -north •of °First Avenue, Wist `Restaurant from •2': 00, .to 5: 00 P.M for or, live m%isio. ;arid' food ' coas�essions in that area as. part of. the promotion. Coundilman A._Savertud.-..stated . ,.thAt. -:normally this ;.goeen s thrcaugh> the•° City Dev6lopmt Committee.. He moved. ,that the Co"ail authorize the ,.0 !tewn- Merchants- . Association the use ;of sidavglks fain- Crazy Days ipromotion -on-August! 2!id Iand ,3rd ,and', upon approval -of th,e,-Tarking Commisian# also .authorize the -.,use- of the.,0arkiag- liDt en,'Firat­Avenue' West 63e the'thOde 'hours. on: Saturday. Seconded by Councilman ,flystul' - All voted.!'aye and the motion carried,- Councilman Saverud asked Nr. Dowell to:clean:this with Gordon Pirrie, ;.Parking Commission. Chaitmin, MHITT F. EPORTS..,.; :STREET & AtLEY - No Report SAFETY Counuilman.SchinQersreprarted - that the safety.Cpmmittee met and recommends that -because ,of; ..thei,eommmnication ,atem-bids for PplicelFire/Ambulanee 'bepartmdat�s :'being aro.0 d 0 100 ._ftig�r • for, �rola•• and $10,40G for ; Ge•neral; El;eatric °theirs recommendation is 1ta: jeet,. ;both b— ,da . and,-sl moved. S@oordod by C�`ouneil�s :Grainger. The . alterirbiUve would be two :. have Chief : Stefani.c rebid' tneentire' -sysbeiff With boar companiies being aware of committee! budget,j.�tY�'e�..com�it�ee'����h'Q�p��s��tk�e���firata­wi7:�1warTr ��r�ith us.. For a. cushion, alternative bids with lesser i amounts .of ' equipme " that: would mateb ;'present fundingepuld be,.let. 'The -committee asks the gquhail:to reflect.bath bids and to authorize: rebiddin :t ,. ystem. with alternates,s. wi h e lrely : nllw-, pfec3:f i anti arxa drasara up:, pouncilman ,Sayerud ataated , that the committee feels we : wiiil probably get ir bet' ar bid, "'aMe of, thel expos feel that ,may not be • right-. The state bid .price ops expired .arzd -33 some of . the, egmponenta.. were based,.' on that price. Hopefully,, with alternates:in: the bid, we should 'be. able. ;to ,work , with the.:hudge.t,._ :All :voted,...aye.. and the -motion,. carried. Councilman Schindler mentiongd that Chief Stefanie has a video tape from Motorola and all Councilmen are invited to . take . a'bo:u�t 30 . minutes to .: see it. This shown the: -state of the art and.it is a good comparison to :the other bid. A -Safety Committee meeting :was set 'for Wednesday, July. 17th at 3: 30 P.M. A t: ate-W.ide bike race, Coors Poimt., is in progress and' Kalispell has been requested. a.s- the ' final site -.of the .series; They, i11 bring aa4aut..2,00 bike -,riders in for the race.. i The course. they want to run ',will require closure, of some.,, streets.. ::Parks ,and Street$;&.Alley Committees would be involved: PARKS `Councilman Manning stated that the Committee met 0' .-3:00- P..M this date ta.:.dia.cuss recommendation `for'replacement.of Griffin:Field. Thie.two final sites are. the Begg property south, off` ,:'ika�wn ;and F.V.C. C, pr pert .-.n�arth of; .towta... Tile evaluation report. hae .not been reeeivad from F1.athead Regiom�al Devel.opmertt •five, so another. Parks Committee meeting has been scheduled for July '291:, at 4:00 P.M. A recommendation will be made: at that time 'to be ::06sented to 'the Council meeting of . Augast 5. Co.uacilman. Grainger poizatea3 out that: .a. meeting::,df:_tthe..Cotiutc l 6f the: Whole; -has been scheduled .far ,July. 2 , .fc r an ;411- ,;'afternoon :meking.:.. Discussion of this meeting follaK4pd,, but. no one else. was .award bf it... It ,was- decided to. reschedule: the. Parks meet=g. to July 30t1 at ;..4.,OQ ,;P.M. Tk a Meeting of , Cauficil _ of . the. Whole • will . ,be . on M ©nd�y;, quly:29th.'at 7;0.0 CO.Uneilman Manning �statad .that the City:and: County attGrneys' are getting information din the Interl:oeal 'Agreement waLth: l' . V. C C,. CITY DEVELOPME NT -No: Repprt � • � -- . . . EMPLOYMENT , Xpo Eeport FINANC9 Councilman Qr' 21:W': moved -for adoptign ,of:: the Kal :+ell Preliminary Budget, Gefteral Fund 80.09 mill Oineral i ObilRatiaw:'Bond 1985.: ;Wood] id Park 'Swimming Poal. 4..3,7.: mills., Liability Ift urana�e 6.36: mills,.. Retiremient 12.85 mi�.ls; ,Health. Insurance, 8.�4�4 mills and th' Shady CwmM ssipn .52 mill ;for,;.a. tdg otal. preliminary ,buet..:, 'f 13;� L .of ; :Sedonddd by Councilmen Manning far discussion. Disa:ussion of .Revenue 8}�ering: transfer into :Gleneral =a to 10faet.. the $:30,000: request for maehirtg funds of the rehabilitation, _of : Todlarta ilk.. •.Col dilman Grainger.: ?tate.'d that $13,66Q' has. been, transferred. D, sca.se ot� .was :fe 8 d ®b+e': out of order.' since the motion is aaa t1 . feral . Fund only. Cmlineilman t rainger -stated itibat all, of the, bndg.eted items . for ; an3r .WaSrkipg department are nv� -.in: the Gen+er*al .Fund Councilman Grainger amended his .motion to include the. -entire preliminary budget qsument,:,a td tMe tax;l y ,requirement schedule... Seconded. by.Zounoilman. Spriager. Backto the main met aC, ..Counciima Granger p�► n e• iami :that.. the . mill levy. has 4ropped approximately B,.0 ��,, •:The:.�eneral:.Obl Ration Bond Is :aasw ,Liability, Health Insur +ids . and 1let rest t , .arq ,; . uo, ., Study . _;Commission _ has..:: dn.o.PF dd:. The :.General:,, Fuarid' 'drep : is a .prox ma ,p Y,:8 9 :. Most of the Council members rs were not able to at all. da budget hearing and do em e w s. y b g ar ng, n not have working. Copies. or print outs: KArraitirvt were reguestedfor! . `the''Tubli'd Hearing' on August 8 „ Acting Mayor,_Ruipointed out. the small atgdamee lath the :department head meeting on . Jae - 26f h � d.: the: regularly se iedi tad' .4; clay , t ,. beaa[ion -that. ;„ is: normally attended : by, at least "8b-90i'. 6f',t1kee.- i ,, . at ly rgly 3 ,couneilmembera• ire at that meeting. He . Mated dart .; the Fdtanee ;Cflmmitse. makes-: eepti.or� to.',.,aomg ai.ts . of not having been advised of whet leasi�eta: ga�j h& . axri :ram :itd this .point;.:: We nave :a . timetable to meet on ',the budget; and' everyone agrel that ;the dates fd�r tha3 .taeetings were satisfaetory..: T'he.City; Clerk„.W*11'be, back:f:rom; tion on thhe:2�4th.11and: -&�Finanee ing s,et fi r ,�ul° 3gtrh .at � :00 Y.:0— Couiia.ilman.;Nystul. ;askled : for. Committee meet .has, been priUtotata on.all funds to, be di#Oibwted. There .being aka itluer discu;ssoa on „tie .pre-,,unit»:°llnigi�; aprroval motion,!.all voted rye,,, carried'. SEWER, AND. W4TER Councilman-Mystlul pep®rted that the ,Comtr�ittee : act •at7 thiE request of the ..contractor 337 Morgan-.and.Oswood_on:the.Wastewater.Treatment.Plant.: The -committee's rcommendation is to refer. the . question to Council whether or riot to,. make . a progress .. payment. He referred to,a memorandum -from thePublicWorks-Direct down-the.amounts due.: The advertised period for.anyone to file claims is July 23, 1985. He moved that the Council authorize the issuance of a progress payment°'to Morgan & Oswood in the amount of $691968.36. Seconded by Paul Palmer. Brief discussion. of the charges followed. which resulted in Councilman Palmer withdrawing his seeond.and the motion was redone.by Councilman Nystul therefore to move that the Mayor and City,Clerk be authorized to.'issue joint checks in the amount of $37,501.59 .and that ..subject to claims filed .by duly. 23 .that after that date the contractor be authorized for payment of $56,000. Seconded by Councilman. Palmer. ;.Question called. All voted aye. Motion carried. - ANNEXATION RESOLUTION43602 - -PRELIMINARY PLAT, SCHWARTZ ADDITION,•NO..174; Ceunci.lman: Manning.. moved for adoption of . Resolution: 13602, a resolution ;conditionally approving.:the...Preliminary Plat. of Kalispell ,Addition #174, Schwartz Addition, Councilman. Nystul'seconded. Motion carried can a roll call vote. -. RESOLUTION 3603. PRELIMINARY PLAT, FARVIEW EAST . TOWNHOUSES, NO.187 Councilman Manning. explained that the property was Lot A of the Parkview Terrace Subdivision; Hit#93... The:,Regional Development Office has evaluated and recommends the proposed ;bubdaviaivn. At.an Annexation Meeting this date, the.Committee recommended the property be grandfathered in as the foundation was there prior to annexation into the.City.,under its current zoning. He moved that „Condiition #2 .under Section 1 be amended to read that the proposed use is vest;ed:in,.the.current zoning. Councilman :Springer seconded the motion. Discussion followed and -,Councilman Manning amended his -:motion to withdraw Condition #2 under Section., 1 dealing with the zone change. Seeonded by., Councilman, Springer. Attorney Cox:gave a brief, background on the property and CityAttorney Neier advised of the.zoning..and.building;,'department records. Acting :Mayor; Ruiz stated that he has ,.looked_ at the-property,`.which is surrounded by. multi -family eomplexes 'and :feels the property could` not be used for anything other than what it is intended for. Question called..,gll voted aye, carried. Councilman.. Manning. moved for adoption of Resolution #3603.. A:.resolution cainditionally approving the, plat of Farview East Townhouses No,. 187-as amended.. Councilman Saverwd seoonded,.motion passed on roll call vote. RESOLUTION NO, 3604...- RESOLUTION OF.INTENT, CARVER.ADDITION,NO. 188. Councilman Manning read:liesoliuton #3604, a resolution of intent .to annex Carver Addition #188.and 6o moved...,5econded by Councilman Springer and motion carried on roll call vote. ORDZNANCE..,kd. 1065 - FiR�T READING .CHRISTIAN CENTER ADDITION NO. 180 Councilman, -Manning . read Ordinance #1063 and moved for.acce.ptanee of first reading. Cauncilman'SObindler sea jaded, motion passed on:roll call vote,. MISLLs Act gg "mayor. Hulk" announced that the budget must be set . by', August 12 and d�'scussion .followed regarding the Augu.st,1.9-regular -city council meeting.', Because there. will"be lack of quorum for the August 19 meeting, Councilman Springer moved that a Special Meeting �be galled for �kngust 12. 1"h3's".was, seconded.by foi mcilman..Grainger. rjouneilman Schindler abatained,.all ;''others:voted aye.' Motion carried.