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10/21/85 City Council Minutes.356 THE RFGULAR`MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY OCT OBER 21, 1985 IN THE COUNCIL CHAMBERS AT CITY MALL. MAYOR MCDOWELL PRESIDEDI..: ALL COUNCILMEN WERE'PRESENT. APPROVE MINUTES Councilman Saverud�-requested the City Attorney issue .an opinion concerning the suggestion in the minutes by Councilman Schindler that the city "keepi&-fi1`e of qualified. candidates to :fill vacancies :without ha",rig :to go -through the t"estifig.'each time," ;..:Because:°this statement. is-, in the minutes itlodlis like: it is city policy. Councilman. . Saverud moved .the"'minutes. of the Oetaber_,7`11119$5 regular council- meeting be approved 'as ,.presented. ;,:.Councilman. Nystul seconded- a[d°rthe emotion carried. . BID OPENING Police;; Dispartment, Patrol -,Car. _ Clerk/Treasurer. Halver' :reported .no: bids have been rioeived. CITY OFFICIAL REPORTS _. Treasurers Report (September) Police Chief " City..: Judge n Building Official Counailman':Grainger. moveds the cityofficial reports -be accepted: seconded and the motion carried. PUBLIC HEARINGS: CARVER:!:ADDITTONc There were no proponents or opponents. PRELIMINARY', PLAT .APPROVAL OF WINDWARD VILLA_ David. Rickey:, of 1754 - 3 ::Mile::` Drive -...-started opponents. Counciltn6n' Hystul he was a -proponent. There iidl a ho MODIFICATION ,OF THE i ALISPELL DfJWNTOWAT. REDE'VELOPMEIM BLAN . TO APPROVE URBAN'. RENEWAL Councilman Saverud explained the proposed projects and-emphasized•the prajeet's,would not create.a new tax liability for.the� property owners; the bonds would be paid from .:.the .increa$e& tax::base,:rof.: the: district. There were no proponents. Opponents: .Louise::Bowdish owns ,house:ini.the.redevelopment area and wanted to know, under, item "c.", how, when and by whom is a property considered blighted. Lyle::,:Hensleigh: .:,of .947. First .Ave;. East,`: asked why the district has such;',a•: big residential, area a td:; is : calledl,Downtown, Redevelopmerit :- and- asked if there --are any . plans for the residental area. Councilman;' Ssverud said- the project ' w - this'; . large to make available financial' assistance _for :improvements to the public utilities in the resident isl,�;area . Monte .Mandarino, of 136 5th Ave. West, asked for an explanation of reconstruction of 5th Ave. West. Councilman Palmer stated the first block would be widened to°41 feet., the rest ., of the' :,bZoeks., would remain the present width .and trees' would not be cut uri7 ess .soil ,.conditions .are._ such that a safe trench cannot be ding within thane widths; Sd l core samples are presently being taken.to help determine* that. .Mr. MAndarind then asked:;at-what poijtt will'the...bligklted areas' be deter inod and will the property owners, -.be given ,an opportunity to respend,,.Cty Attorney Neier stated this ordinance does not start the process of land condemnation and he felt any land .assemblage would,die through,vol'untarypurchase .and bales, F. T. ❑tBoyle, of 161-5th Ave. W. N., felt_ the addition of.500 parking spaces would lead to tax problems,a traffic studkishould-be . made ',concerning- 5th Ave. 'West acid traffic reroutod' or:::,,made one way,!and pointed out that Depot hoop was:a named street and felt a_.publia he.1a.r'.ng should have been held before the street was closed'off ' Edgar Trippet asked if the city hai proof by audit that it could pay off the proposed bonds. Councilman Nystul explained; that the bond.underwriter would determine; in preparing the issue for sale, if revenues were sufficient to pay off the, bonds_ 357 Greg Maroney, pf. '1p20 -First Ave. Fast, . asked: if :this, par.king-project-would. provide parking for the County Justice Center. Couneilmen'Sprir�ger, apd`'.Palmer stated the county would, be. providing off. street parking for this.. Palzaer also said the county Was exet"pt from : zoning requirements. Lyle Hensleigh questioned whether the city needed 50.0,more parking spaces. A lengthy discussion followed on whether the resolution should call for 500 parking spaces, or just. the:$500,000-amount. H, V. Ramon,.of 3rd Ave. East, asked why we haven't. considered a parking building and Palmer said it.was dropped from consideration because of expense. Councilman Springer moved to strike the words "approximately five hundred (500)". ;councilman Ruiz said that couldn't be.done becausethe resolution -was not on the floor. Mayor McDowell declared the resolution on the floor and Councilman Ruizasked why the ordinance is necessary. City At"rney.Neier reported State Law require the projects to,be.funded by bonds to be designated by ordinance and a public hearing be held. The Depot Park Loop paragraph is in the ordinance in order to remove the deleted street from the described boundaries of :the redevelopment district: Councilman Ruiz asked Ed Gallagher if the Mall UDAG grant repayment could be used for General Fund expenditures. Gallagher said it could be used only for eligible :redevelopment activities. Councilman Ruiz asked -if we would be:able to.amend:the amounts';by .'the ordinance and City Attorney Neigr:said he felt we could..: Councilman Springer moved the proposed ordinance be amended'.by str-iking.from Section 1., Subsection a.,'the words "approximately five hundred (500)" and by striking from Subsection,„ e..; .the. :last -sentence, which reads "The total cost 'of the Center. Street Reaanst:ru,ctian Fro,joct s.$481,,610.15," :Councilman Saverud seconded the amendment: Couinall mAn. :Ruiz .requested,the sentence.in.subsection d., "The .estimated cost of the 5th Avenue .West.Construction Project is-..$800,000." be deleted'. Councilman! :.Springer moved to'; amended : his .motion. This amendment died far, flack of ..a. second. Councilman Nystul stated the bottom line is we need to pass .An ordinance acceptable to the bonding counsel. The;.motion.to amend.the;proposed:ordinance was voted on and passed;unanimously by voice vote. The Mayor called for continuation of the public bearing. Noel: Furlong., of 820 .;.6th.,;Avenue. West,. stated he couldn't bear. what was going; on ;'from where he was;. sitting ,.,and asked for clarification on. they costs: of the. 5th Avenue West Projects; if the cost is' known. , Councilman Palmer. replied we vannot have!the'exact amount until thebids are -opened and let. If we don't use a bdnd issue we must pay for tho::3mpravements,:from usp,r;ifees. He also asked who is supposed to pay for the proposed traffic light on Main Street. Councilman Ruiz replied ':'it is his contention the.minutes reflect the city has only approved right turn,aocqss;into and out .of theMall'on:.Main. Council Saverud.read into the record the recommendation of the:Falispell City -County Planning Board and Zoning. Commission "unanimously resolved to recommend approval of t proposed project described In Resolution 3619." Howard Rundell, of 416 4th Ave. West, asked where-the:proposed,Elrod Park would be put. Councilman.Saverud:said no particular site has been picked, the city is working with the,schoal district to serif some property is�available.in that area,:. Mayor MoDowell.olQsed.the public bearing on Modification of .-the Kalispell Downtown Redevelopment Plan -to Approve as urban Renewal Projects: :. 1358 MPDIFIQATj,0N,, Q� ..-,.THE .KALISPELL DOWNTOWN- REDEVELOMET PLAN, TO PROVIDE-, PROCEDURE FOR MODIFICATIONS;.AND 'AMENDMENTS. -THERETO: Mayor .Mqpow 1.1�,.p e pene0;�.tbe-:7Publia..Ilea:ringand�Counoilman,,:SiiV-erud summarized the'proodsed ordinance by stating' it is design6d:to.eliminate the requitement ofmailed :noiice-to property owners -when amendments to ;:the -Redevelopment Plan are to be proposed and adopted. Notice wou.,14.:be:by legal", notice1n.-the newspaper..; Councilman Say ud al00 entered , into i the r:record the � report of Kal ispell 'City -''County pp or Planning Board And Zoning Commission; recommending .1tWit the.,proposed akendmont:Ao.the Kalispell Downtown Redevelopment Plan as set forth in Resolution 3620 not be adopted." There were no proponents6 Opponent a': At; ;the;, request of.,a .,member of the:., _�audience, a show.' of -:� hands indicated ihany:�ot-'the audience were here because they had:, : jre6eived the letter. F. T. O'Boyle said tie wanted to be notified by letter. Monte Mandarino..,stated,: heJ probably Voul & not: have. k . nown of the hearing.''kithout the ,letter'. Mayor McDowell closed the Public Hea:ri.hg. Councilman !:Sehindler !spoke ...:against th6:. proposed ordinance. ADDRESSING THE.COUNCIL Rico Brazil, !representing Two Mile Vista Apartments,. asked if the counoil,:.,would this .qxpidt.-te...hle,ap,plidatibn: for ambuilding permit.. :Ma"riMcDowlell said disdussion,of would be done within the Annexation?Committeels agenda. ..COMMITTEE -REPORTS: FINANCE., .0 ou4o ilman.-RuiZ asked,; Clark/Treadurer. Halver if .the irowpaper'.article referring --to the scheduling of the Audit 4-Exit. ,..,Conference: .accurat 61y quoted him. Halv�er­said:it was ,i reasonably close td!what he recalled saying. Ruiz felt,the,implication was if there wasanything wr ong :tbe. ;,city didn! t - - want T it diadlosed - p rior to the eleotion and.-hb ,, y 1 didntt-,think� the.:Finanqe.Committee had that :much pow,er-j arid. thdaudit would not refl6bt the actions ations or : the, . Finance,:Comiatt6.4.,--...Halver rosp'eAded: = since theaudit •`-covered primarily the financial operations of the city he assumed discussion of the audit would .Anclu,dp:,the: Finance:.; Committee Councilman Ruiz said he wanted it publicly stated be didn't have any problem holding ,the.:exit. - -conf-prence:.... tomorrow. - or,;: the next day. � Mayor, McDowell explainedi thei-Stdie originally wanted to schedule it for a week when he was gone and it is now scheduled for November 12, and it didnft make'any difference to him when it was held, an audit helps the city. l �­ :Couilbilman Ruiz aaXe&,.: if:. the letter.: drafted to� GolXxier,:: Heiriz4nd Ass -odikteibythe .May,pr:was:: satis . fa i ipringer. tory. . Coundilman.3 -asked if it �was. _btr6ng 11 enoughj�". It: was , .concluded a.;.,mot.i,op..by the council .,wds,!:not necess6ry, Councilman Ruizcalled for a Finance Committee meeting for.'Tueaday. October:22,1-985.at 9:00 am to discuss increasing the police liability insurance. J. SEWER , & WATER Councilman Ny6ttl moved tho'Mayor: be;,: uthbrized:te ;Sign a a release of an' easement on Buffalo Hill granted in 1961. Councilman Schindler seconded and the motion -carried. .ANNEXATION_:.: Two Mile Vista Apartmeztru­ Councilman Manning explained the development had gone ,through :the subdivision review prpoes a 's p and -M 4 et all requirem.6nt He movedtp author- ej the B.uilding-,L.-.-7-bif-�t-6,--I,-aLL-�-ito issue all =:,buil ding permits !which, would have beenissuerdnder the subdivision. process and D : eveloper reinstate those, conditions..:.by. ply tb:67,96ard. - ..of plying for a conditidnal.,use perm-it'and.,appearing' before J-]n Adjustment as t e Zoning requires4! I- I 359 Councilman: Palmer seconded .and explained. .th,e„ dgvelgper::had cgmplied:with all :.the requirements of a subdivision and then the Supreme gourtruled ...apartments are„, not .subdivisions and do not have to provide parkland,' iAle asked which procedure the developer:is. supposed to go through, The Mayor asked.the developer to meet with the;City Attorney.:. t 10:00-am Tuesday. e motion carried . d. Resolution 43623 Councilman Manning read Resolution 3623: a resolution conditionally approving the Preliminary. Plat. of -Windward Villa Townhouses #1:9Q..and so moved. Councilman.:,;Springer seconded: and the. motioii.carried upon: roll call vote Mattson Zone :Ghange..R_equest Councilman Manning. moved to have the City Attorney,draft an,ordinance and,.set-the Public -Hearing for the.zone change request. Councilmann:Palmer:seoonded and the motion carried. Resolution f362 Councilman Manning read Resolution 3624, a resolution .of intent to:annex the Culligan .: Addition #1 &9 .and fix. a: public hearing idate and so.. moved.. ,,Councilman: ,Nystul. seconded and the motion carried upon roll call vote. Councilman Manning.repor;ted the committee had received a petition letter from Paul and Helen..: Jones,'. requesting an.: amendment of permit and. conditional muse to:allow musical education and retail sales at..the::lacation of the former ;Seafood Broiler'. He moved :the request be referred to FRDO and the City-County.Planning Board_.;to,make;reaQmmendatio_ns to the City.Council. Councilman Springer seconded and the motion carried. STREET & ALLEY Coundilman.Palmer requested action on the Kalispell Drafting Alley Request -:.be tabled. ,:Councilman Schindler moved to authorize the Police Chief to rebid,the patrol car and .this time not limit.the:bids to local dealers. Councilman:Springer.seaonded. and „the motion carried, PARKS .Councilman Manning requested the Mayor report on the grant..fr.jm:xhoa-,Surlington....Northern Foundation. Mayor McDowell stated we have received a check for $30000 and the 'money can be used for anything to.do with.D.epot Park.Improvements;and the City is very. happy ;to receive it. CITY DEVELOPMENT Ordinance 1065 .:Councilman Saverud moved. -the. -adoption of Ordinance, #1';0651, an ordinance relating to the „Kalispell Downtown Redevelopment Plan, approving .,oertain,projeats as Urban Renewal projects :as. amended. Councilman _Hyst.ul: seconded...., Councilman Ruiz spoke ags nst.the ordinance. He preferzred the amount budgeted in the ,ordinance be a total so we.would have some flexibility in bu,fteting the individual projects. , City Aitgrney Neier reported the . bond counsel requested specific, amounts. for ,earth project. Councilman. Palmer felt we should have some latitude in the. amount to be spent on' each project. :Councilman ,.Palmer -moved far An amendment to the motion:to provide that adjustments to :the various projects may!be.made'as passed: by majority ,of the city council,' Councilman .Ruiz seconded the amendment motion. City Attorney Neier will prepare:tbe appropriate language. Councilman Schindler spoke against the ordinance because%the,:bond w_641d extend the Tax Increment District to the life of the bond and he feels the district should die its natural death at the time that was prescribed by the Council. . ;Madan on -the amend�ent,carried. .360: Roll call vote ,6zI- .ordinance .1065'. Couteilmen Grai.ager = 'and Schindler . voted. no,_ all others vafed yes,: mofrica#r •oarried Ordinance 1066 Councilman Saverud moved first reading; of Ordinance #1066; an ordinance relating: to the City -6f ° dal spell,:,�06wnt'own .Redevel,opment Plant ,.;modff yi,ng _,_;the . plan, to provide.-- a procedure for modifications and. amendments. Councilman Schindler seoonded for discussion purposes..: Councilman Springer spake'against the motion,; U:poh - roll - oaA vote Councilmen RuLiz Palmer,, .'SchiudBer,F Springer, and Graingervoted no, Councilman Nystul, Manning:.and Saver: ud voted. yes and :.'°. a motion was defeated, Councilman Sawerud..'invited the`Coubeil on a tour 'of the<Xalispell Center��Pioj:ect -at :00 °pm Wednesday Oa ober''23, .1'985. EMPLOYMENT. .. . Councilman Grifnger reported there 'would be a eloped negotiation meeting immediately following this meeting. Counoilman' Pa 'aher added there),aas 'a.;meeting :fir th J t firefighters Tuesday `.Oct -oiler 22, 1985 at 7:3a' am. MISCELLANEOUS 'Councilman Grainger;'lmoved, :the::°license 'bonds 2pprovecl acid .properly ;prepared :be aooepted. Councilman Saverud seoonde'd and tlie'�Wotion:.darr tledv, . The bond for Bob :. Lyford. was returned 'to °the insuiraioeagent to he`!:oompleted. -.. Adjourned '104.05 pm.: