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12/16/85 City Council Minutes371 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY DECEMBER 16, 1985 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Springer moved the minutes of the December 2, 1985 regular meeting be approved as presented. Councilman Schindler seconded and the motion oarried. CITY OFFICIAL REPORTS Treasurerfs Report (November) Police Chief ' City Judge Building Official " Fire Department (Third Quarter) Councilman Schindler moved the city official reports be approved as presented. Councilman Springer seconded and the motion carried. PUBLIC HEARING: Bed and Breakfast Facilities The Mayor opened the public hearing on proposed amendments to Sections 2.01, 3.04, 7.22, and 6.09 of the Kalispell Zoning Ordinance, (regarding Bed and Breakfast facilities). There were no opponents or proponents. ADDRESSING THE COUNCIL No-one requested to address the council. COMMITTEE REPORTS: SAFETY - no report CITY DEVELOPMENT Review of mall off -site improvements Councilman Saverud reported the Council of the Whole committee had reviewed a number of offsite improvements relating to the Kalispell Center Project. He moved we establish a budget within our contingency line item for the following items: 1. $500.00 for regrading site to match city grade on 5th Ave. W.N. 2. $8,400.00 to widen Main Street to bring it into alignment. 3. $9,OOO.00 to install 3 street lights on the west side of Main Street. 4. $2:900.00 to pay for traffic consultant on the Main Street traffic lights. Councilman Nystul seconded and the motion carried. Councilman Saverud moved the council authorize the Mayor .to write a letter to Burlington -Northern, including a copy of their letter of May 22, 1985, encouraging the B. N. to reimburse the developer for the costs involved with track relocation on Main Street and Fifth Avenue W. N. Councilman Schindler seconded and the motion carried. Councilman Saverud also requested the Mayor be authorized to address the. State Highway Dept. regarding the mall traffic signal at the entrance to the mall, requesting their official input. Councilman Palmer seconded and the motion carried. Councilman Saverud moved the Mayor be directed to write letters to Don and Dick Barbieri regarding this council action. Councilman Schindler seconded and the motion carried. Resolution #3627 Councilman Saverud moved passage of Resolution 3627, a resolutionauthorizing the undertaking of urban renewal projects and authorizing the sale of $2,100,000 Tax Increment Urban Renewal Bonds. Councilman Nystul seconded and the motion carried upon ,roll call.vote with Councilman Schindler voting no. ,Approval of Agreement: Second Avenue West Professional Building Councilman Saverud reported on the provisions of the agreement and moved the Mayor be authorized to sign the loan agreement. Councilman Springer seconded and the motion carried with Councilman Schindler voting no. Tax Increment Review Councilman Springer reported. Tom Torgerson had completed his review and the report appears to meet the needs of the Bond Counsel. Mr. Torgerson reported he had found several items he would like to discuss with the Finance and City Development committees. Councilman Saverud scheduled a meeting for Wednesday, December 18, 1985, at 4:00 pm. 372 PARKS Begg Field. Parks Superintendent Drent reported on the history behind the.fill at Begg Field and the problems to date. He stated he had contacted the State:Fish and Game and they said the city had to get permits from Fish and Game and Water Quality. After those permits were secured and some of the fill work was done, a "private citizen" had questioned the fill being used. On December 4, 1985' Ken Chrest, of the State Department of Health and Environmental Sciences sent a letter stating the:stockpiled .ashpalt along Ashley Creek is a prohibited activity under The Montana. Water Quality. Act. He requested a compliance schedule of when the ashpalt will be removed and where it would be moved. As a result the fill containing the ashpalt.was removed. We are now awaiting a meeting with a gentleman from the Corps of Engineers on. Wednesday to see what their requirements are. That is where we stand now on this project. Pieter reported we have spent about $25,000 so far on the park. EMPLOYMENT Councilman Grainger.,reported therewould.be a short negotiation meeting immediately following this meeting. FINANCE Councilman Ruiz reported the Finance Committee.had reviewed three claims (from Morgan & Osgood) and moved they be approved for payment. SEWER & WATER - no report ANNEXATION Ordinance .#1072 Councilman Manning presented Ordinance #1072, an ordinance amending Sections 2.01, 3.04, 7.221 and 6.0.9 of the Kalispell. Zoning Ordinance (regarding Bed and Breakfast facilities) and moved acceptance -of first reading. Councilman Nystul seconded and the motion carried upon roll call vote with Councilman Ruiz voting no. Ordinance #1069 Councilmani Manning.moved acceptance ;of second reading of Ordinance #1069, an ordinance to provide.for.the.alteration of the boundaries of the City of Kalispell to include the "Culligan Addition No. 189". Councilman Nystul seconded and the motion carried upon roll call vote. Ordinance #1070 Councilman Manning moved acceptance -of second reading of Ordinance #1070, an ordinance amending the Kalispell,Zoning Ordinance to designate, standards to be applied to mixed use PUD+s. Councilman Ealmer-seconded and the motion carried upon roll call vote with Councilman Schindler voting no. Ordinance #1071 Councilman Manning moved acceptanceof second reading of Ordinance #1071, an ordinance amending Section 6.13(b) of the Kalispell Zoning Ordinance. Councilman Palmer seconded and the,motion carried upon roll -call vote. Councilman Manning moved the City Attorney be authorized to set a Public Hearing date for Amending the City Zoning Ordinance to include Music Education with related performances and limited sales and allow it as permitted uses in certain zoning districts. Councilman:Saverud seconded°andthe motion carried. Resolution #3628 Councilman Manning presented Resolution 3628, a resolution of conditional approval of the Preliminary Plat of Kaltana Addition #153. and so moved. Councilman Springer seconded and Councilman Manning reviewed.the conditions which apply. The motion passed upon roll call vote: STREET & ALLEY Councilman Palmer reported the committee was not ready to make recommendations on the first four items on the agenda and requested they be tabled. ( Guidelines and Fee Schedule for Snow Removal, Parking`L'ot Leases -Snow Removal, Garbage Charge Refunds, and Proposal regarding Parades - Main Street/First Avenue West) 373 11 C Change Order - Center Street Lights Councilman Palmer introduced Tom Heinecke who explained the lighting system design for Center Street. He -is recommending a higher quality fixture which will allow for fewer lights. However the contract specifications called for a prime painted pole rather than factory painted and it will cost $60.00 a pole to have them painted. Councilman Palmer moved the committee be given the power to act .on the change order for painting; if the committee finds a need for other changes they will report back to the council. Councilman Nystul seconded and the motion carried. MISCELLANEOUS _ Councilman Grainger reported he would be out of state from December 19, 1985 to January 1, 1986. Parks Superintendent Drent reported we have been ice skating since Thanksgiving and have beautiful ice. Councilman Springer moved for adjournment at 8:15 pm. Approved as presented January 6, 1986 ATTEST: , 7 � �C7 -� I �,- � � � Don Halver, Clerk/Treasurer