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06/16/86 City Council Minutes414 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY JUNE 16, 1986, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILWOMAN HAFFERMAN WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Councilman Nystul moved the minutes of the June 2, 1986 regular meeting be approved as presented. Councilman Schindler seconded and the motion carried. BID OPENINGS - Curbing and Sidewalks Clerk/Treasurer Halver opened bids received from Big Montana Concrete and Marriott Concrete, Inc. Councilman Nystul moved the bids be referred to the Public Works Committee with power to act. Councilman Palmer seconded and the motion carried. CITY OFFICIAL REPORTS Treasurer's Report (May) Police Chief " City Judge " Building Official " Councilman Nystul moved the City Official Reports be adopted seconded and the motion carried. Councilman Grainger ADDRESSING THE COUNCIL Kurt M. Adkins presented the council with a proposal for painting house address numbers on the street curbs. He proposed charging $3.00 per number. Mayor Kennedy referred his proposal to the Public Works Committee to report back to the council. Alroy C. Barry, of 33 West Wyoming, presented a petition to the City Council to "take no action which would alter the status of the alley North from West Wyoming in the 700 block of North Main into a through street." The petitioners were objecting to business accessing Sunset Plaza through this alley. Councilman Ruiz said he would be reporting on this during the Public Works Committee reports. Tommy Davis, of 1044 Fifth Avenue West, wanted to know when construction would start on Fifth Avenue West and would the project include perforated pipe or some other method for dealing with the ground water problem. He was told construction would start in a week or so. DPW Hammer stated perforated pipe was not being planned but the storm sewer project should help the ground water problem. Glenn Graham, the owner of Taco Time, wanted to discuss the inconsistencies of site planning and requirements. He was told Ewings and The Washing Well have been contacted by the Mayor requesting they comply with the requirements of the site plan. It was explained that Burger King had received a temporary certificate of occupancy because of the season of their construction. The requirements of site planning for them are being worked out this week. Mr. Graham also wanted to know when Fifth Avenue West North would be finished and reopened. He felt the work could be done cheaper and more efficiently by private contractors. Councilman Palmer asked when the street would be opened. Ken Hammer said it was open now but the paving was not done. He said it would probably be another week to a week and a half for it to get done. COMMITTEE REPORTS: PUBLIC WORKS Street Patching Councilman Ruiz reported the committee has recommended a call for bids for pavement replacement for Utility Trenches and he so moved. Councilman Schindler seconded. Councilman Nystul reported the council had already authorized the Sewer/Water Superintendent to negotiate a contract to repair the street openings which were the responsibility of the Water Department. After a lot of discussion, the question was called and the motion carried with Councilman Nystul voting no. 1 1 415 Parking-12th Street West & 700 Block South Main Councilman Ruiz reported the committee has received a request from Patti Hibbard, of 1203 First Avenue West, to limit parking to 2 hours on 12th Street West, between Main and First Avenue West. The committee did not have a recommendation. Councilman Ruiz looked at the area and didn't observe a problem. Police Chief Stefanie said it would be difficult to enforce. Councilman Ruiz read a letter from businesses in the 700 Block of South Main, requesting a 2 hour parking limit in that block. The committee did not have a recommendation. Councilman Ruiz also looked at this area and didn't find a problem. Be felt if the City honored these requests they should also take a good hard look at parking restrictions around the high school. Councilman Ruiz moved the Mayor be directed to write letters to these people stating the requests have been denied and state the reasons. Councilman Schindler seconded and the motion carried. Legacy Restaurant Request Councilman Ruiz reported the committee had reviewed the request from Ivory Bates, of The Legacy Restaurant, asking for permission to use some of the City sidewalk for tables. The committee recommended denial of this request. Mr. Bates addressed the council and requested the council allow him to use parking spaces to lay down platforms and provide restaurant seating there instead of on the sidewalk. Mr. Bates felt this would help beautify the city and attract visitors. Councilman Saverud suggested this request be tabled until such time as long range plans for beautification of Uptown Kalispell are developed. He also requested the liability question be looked into. Chief Stefanie reported the restaurant is presently in violation of City Ordinances in that a sign board and two tables are now encroaching on the sidewalk. The Mayor and City Attorney will look into this. Mayor Kennedy referred the request to the Community Development Committee to consider along with other long range plans for Uptown Kalispell. Assembling Garbage Containers Councilman Ruiz read the offer from the American Legion Lakers Baseball Board, amounting to $3,168.75, for assembly and distribution of the garbage containers on the east side. He reported he had also received a proposal from a group of City employees to do the work during their off duty time. Their offer amounted to $2.00 per container for assembly, or $3.00 per container delivered. Councilman Grainger moved the proposals be referred to the Public Works Committee with power to act. Councilman Saverud seconded. Councilman Palmer spoke against the motion and stated the council should act tonight. James Seidlecki stated the Lakers used the money from last year to pay off some debts which otherwise may have required them to ask the city for help. Councilman Saverud withdrew his second and Councilman Grainger withdrew his motion. Councilman Ruiz moved the Council award the bid to the Lakers as an indirect way of providing support for the Legion Baseball Program. Councilman Nystul spoke against the program. He asked how many other organization we would be obligated to support. Concilman Palmer suggested the motion be amended to request the Lakers meet the other bid. One of the questions raised during discussion was liability. The Lakers have a Million Dollar Liability Policy to protect the city. Councilman Grainger felt the liability problem would occur during delivery, he didn't see any major hazards during assembly. 416 Councilman Palmer moved to amend the original motion to require the Lakers match the amount the delivered price bid of the City Group to receive the bid. Councilman Nystul seconded. On a show of hands the vote was 2 in favor and 5 against. Amended motion failed. The question was called on the original motion to award the bid to the Kalispell Lakers and the motion carried. First Avenue West North Councilman Ruiz reported on the problem. The businesses in the Sunset Plaza complex have been accessing from Highway 93 N. Some business property has been purchased and access has been opened onto First Avenue West North which is only 12 feet wide. Traffic is also using an alley there. Councilman Ruiz said the City staff is reviewing the problem. He suggested the street be closed until the questions are answered, if possible. Councilman Schindler wondered if the Sunset Plaza had an easement for access through First Avenue West North. WATER & SEWER Discharge Permit Councilman Nystul reported the council will have to hold a special meeting to decide how to meet the Discharge Permit requirements. He reported the cost of the available solutions range from two to ten million dollars. PARKS & PUBLIC LANDS Golf Course Cart Sheds Councilman Manning moved the Golf Association be given authority to build the Golf Cart Sheds. Councilman Palmer seconded and the motion carried. Visitor Center Sign Councilman Manning reported the Chamber of Commerce has requested permission to place a 8 x 12 foot sign on the outside wall of the restroom building at the Lion's Park Visitor Center. The sign would have a map of the area and small ads surrounding the map. He moved they be allowed to install the sign and Councilman Nystul seconded. Councilman Saverud moved the motion be amended to allow the Chamber to install two flag poles at the Visitor Center. Councilman Nystul seconded the amendment and the amendment carried. Then the amended motion carried. Closure of Lawrence Park Road Councilman Manning reported the committee has recommended that the great amount of vandalism in the Park has led them to conclude the park should be closed to motor vehicle access. He moved the Parks Superintendent be authorized to put in a secure gate and fence to close off the entrance of Lawrence Park. Councilman Nystul seconded and the motion carried. Sign Policy The Parks Committee is recommending an area be set aside, perhaps in Lions Park, to advertise Service Clubs and other non-profit organizations. The Parks Committee would develop this sign policy and control approval of the signs placed. Councilman Grainger requested this policy be referred to the Personnel and Policy Committee to be included in the overall sign and banner policy of the City. Councilman Manning agreed. Mower Purchase Parks Superintendent Drent reported DPW Hammer was willing to allocate some of his Revenue Sharing Budget to allow the Parks Department to purchase a new mowing machine to replace one that quit and is not repairable. He estimated'the cost would be $5,000 to $7,000 dollars. Youth Classic Starting Line The organizers of the Youth Classic would like to install PVC pipe and a power source in Woodland Park to provide for a permanent location of the Starting Line for this race. Councilman Manning moved the Parks Committee be given power to act on this request. Councilman Palmer seconded and the motion carried. Depot Park Councilman Saverud asked the status of the Depot Park landscaping. Pieter Drent reported they would "Roundup" the weeds this week. 417 FINANCE & ADMINISTRATION Resolutions 3661-3664 Councilman Palmer presented Resolutions 3661 through 3664, resolutions to close out inactive funds of the City. Councilman Nystul seconded all resolutions and they each passed upon roll call vote. Councilman Saverud voted no on Resolution 3662. Bidding Policy Councilman Palmer requested the bidding policy of the City for street construction projects be referred to the Personnel and Policy Committee. Resolution 3665 Councilman Palmer presented Resolution 03665, a resolution authorizing the City to participate in the Workers' Compensation Program of the Montana League of Cities and Towns, and so moved. Councilman Nystul seconded and the motion carried upon roll call vote with Councilman Ruiz and Grainger voting no. Councilman Palmer set a Finance Committee meeting for June 24, 1986 to review budget requests and narratives. PUBLIC SAFETY Appoint Assistant Fire Chief Mayor Kennedy reported he was pleased to appoint Fire Marshall Roger Bowman to the position of Assistant Fire Chief, to be effective June 16, 1986. The salary will be $28,000 per the salary ordinance and there will be a one year probationary period. Councilman Schindler moved confirmation of the Mayor's appointment, Councilman Grainger seconded and the motion carried. ANNEXATION, ZONING & BUILDING REGULATION Endorsement of Census Contract/Block Group Boundaries Councilman Manning reported on the Census Bureau request and moved the City Council endorse the boundary map and authorize the Mayor write a letter of endorsement. Councilman Nystul seconded and the motion carried. Resolution 3666 Councilman Manning presented Resolution #3666, a resolution to consider the annexation of Royal Pines Addition #199 and so moved. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3667 Councilman Manning reported on the conditions contained in Resolution #3667, a resolution of conditional approval of the preliminary plat of the Royal Pines Subdivision. Councilman Manning moved approval of the resolution and Councilman Nystul seconded. Councilman Nystul pointed out Royal Pines Way was to be changed to Seventeenth Street West and asked about the hold harmless agreement on the City Shop and Hot Mix Plant. City Attorney Neier will incorporate the corrections in the resolution. At the inquiry of Police Chief Stefanie, Councilman Manning amended the motion to include Condition 12, no parking signs be installed on both sides of Seventeenth Street at the developer's expense. Councilman Nystul seconded the amendment. The motion carried upon roll call vote. Resolution 3668 Councilman Manning read Resolution #3668, a resolution to consider the annexation of the Keinas Addition #200, and so moved. Councilman Nystul seconded and the motion carried upon roll call vote. Resolution 3669 Councilman Manning presented Resolution #3669, a resolution of intention to consider amendments to the Kalispell City -County Master Plan. The request is to change the land use designation of a parcel of land. The change is being requested by Reinhold Lindner for land behind Rygg Ford and overlooking Woodland Park. Councilman Manning moved the resolution and Councilman Nystul seconded. The motion carried upon roll call vote with Councilman Schindler voting no. Final Plat -Buffalo Head Townhouse #7 Councilman Manning moved the Final Plat of Buffalo Head Townhouses #7 be accepted, subject to approval by the City Attorney of the language on the face of the plat. Councilman Nystul seconded and the motion carried. 418 Resolution 3670 Councilman Manning presented Resolution #3670, a resolution of intention to consider amendments to the Kalispell City -County Master Plan. The request is to change the land use designation of a parcel of land. The change is being requested by First Citizen's Bank of Polson for land near M & C Tire on North Meridian. Councilman Manning moved the resolution, and Councilman Nystul seconded. After explanation of procedures and the planned use of the land, the motion carried on roll call vote with Councilmen Ruiz, Schindler and Grainger voting no. COMMUNITY DEVELOPMENT & PUBLIC BUILDINGS Comments -Remodeling of Old Fireball Gary Christianson spoke against the plan. He went over the history of the building and said he was concerned the building would stay forever and prevent building the multi -story parking garage proposed for the site. He also stated it is difficult to find affordable property on the east side which can be converted to parking. He suggested the city rent office space from the Glacier Building. Ed Trippet also spoke against the remodeling. He said it breaks a promise made by the council to tear down the old city hall in its entirety and provide covered parking. He asked why the city can build on their parking lot but he is not expected to build on his. Fred Zavodny, City Surveyor, reported he has worked next to the City Hall Parking lot for six years and has only seen it full once, when there was a parade downtown. He also said the KM lot is only full during lunch time. He said the remodeling would provide more efficient government services to the public. Keith Albright, representing the Flathead Homebuilders Association, spoke in favor of the remodeling, stating it would consolidate all offices the builders have to work with in one location. It would also provide private office space for the public to confer with city officials. He also stated the cost of this office space was a bargain. He suggested the Community Development Department be moved into the vacated city hall space to save rent. ' Mr. Vern Strodtbeck was in favor of remodeling the existing building instead of building a new one. Ken Jackson said the remodeling would cost about $27.00 a square foot which was very economical space. Councilman Saverud reviewed the history of the building and said at this point he is reluctantly in favor of remodeling it. It doesn't appear the city is going to build the parking garage soon. For now, the cost of remodeling is reasonable and if, eventually, the parking structure is built, the city will still have made use of office space at a reasonable cost. Award Bid - Old Fireball Remodeling Councilman Saverud reported the committee recommended the low bid of Tom Wiggin Construction, for the base bid less alternate one be accepted. The bid amount would be $530912.00. Councilman Saverud so moved, and Councilman Schindler seconded. Saverud said Ken Jackson is recommending that next year's budget include a 10% contingency allowance for the project. The question was called and the motion carried. Resolution 3671 Councilman Saverud moved Resolution 3671, a resolution authorizing the purchase of Lots 5-12, Block 55, Kalispell Original, the "First Federal Parking Lot", and authorizing the Mayor to execute the necessary documents, etc. Councilman Nystul seconded and the motion carried with Schindler voting no. City Hall Sound System Councilman Saverud moved the proposal of Northern Sound and Communication to install a sound system in the council chambers amounting to $3,765.00. Councilman Schindler seconded and the motion carried with Councilman Nystul voting no. Parking Lot Leases Councilman Saverud reported the Parking Lot lease forms have been reviewed and the committee recommended the current lease format be accepted and the present 70/30 split of fees be maintained. He moved the Mayor and Clerk be authorized to standardize all current and future leases. Councilman Schindler seconded and the motion carried. 419 PERSONNEL & POLICY Ordinance 1080 Councilman Grainger presented Ordinance 1080, an ordinance amending Ordinance #629, by prohibiting the distribution of handbills etc, within the City, and so moved. Councilman Saverud seconded. After discussion of the language of Paragraph A, City Attorney Neier agreed to work on the language before second reading of the ordinance. The motion carried upon roll call vote. Resolution 1612 Councilman Grainger presented Resolution #3672, a resolution adopting a Records Disposition Schedule, and so moved. Councilman Palmer seconded and the motion carried upon roll call vote. MISCELLANEOUS Mayor Kennedy requested the reappointment of LeRoy E. McDowell to a two year term on the Flathead County Refuse Board. Councilman Saverud so moved, Councilman Palmer seconded, and the motion carried. Public Works Committee Meeting Councilman Ruiz scheduled a Public Works Committee meeting for 3:30 PM., June 18, 1986. The meeting adjourned at 11:10 PM. Approved as presented July 7, 1986 ATTEST: Don Halver, Clerk/Treasurer 1 Ed Kennedy, Ma or I