03/14/88 SP City Council Minutes21
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MARCH 9, 1988 GAMING CESSION 4:00 PM
The meeting was called to order by Mayor Kennedy with Commission Members Schindler,
Furlong, Clark and Neier present. Also attending were Betty and Robert Van Riper,
Clerk/Treasurer Halver and Detective Young.
1. Diamond Lil Inn
Mayor Kennedy opened discussion on the application of Betty and Robert Van Riper for a
Gaming License at the business known as Diamond Lil Inn.
Kennedy reported the Police Department investigation provided a clean report.
Robert Van Riper reported their intention was to install 6 to 7 Keno Machines in the
lounge area of the business.
Councilman Schindler moved approval of the Gaming License for Diamond Lil Inn, City
Attorney Neier seconded and the notion carried.
2. General Discussion
The co mission held a general discussion of gaming procedures and issues.
The meeting adjourned at 5:22 pm.
t�
Jo "Ed" Kennedy, Jr., Mayor
ATTEST:
Don Halver, Clerk/Treasurer
John "Ed" Kennedy, Jr.
Mayor
CITY OF a
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MARCH 4, 1988
S PR C I A L M E E T I N G
TO THE HONORABLE BOARD OF C =ILbM14Rl~ S
CITY OF KALISPELL, MONPANA
COUNCIL MEMBERS:
Drawer 1997
Kalispell, Montana
59903-1997
There will be a Special. Meeting of the City Council Monday, March 14, 1988
at 6:00 P. M. in the Council Chambers at City Hall for the following
purpose:
SELECT ENGINEER FOR SOUTHWEST PROJECT
We, the undersigned, members of the City Council, do hereby affirm we have
been properly notified of the calling of this special meeting to be held
Monday, March 14, 1988 at 6:00 P. M. in the Council Chambers at City Hall
and consent to the transaction of the above business and any other business
that may properly cane before the City Counc
A a [u`�,
ATTEST: Ed Kennedy, Jr`. `Mayor
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W.
ty Attorney
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A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 6:00 P.M. MOMAY MARCH 14,
1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. CWNCILMAN
SCHI1ZLER WAS AB,SENr. ALL 0= COUNCITNEMBFRS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
KALISPELL MEDICAL ARTS ZONE CHANGE
Councilwoman Robinson presented a proposed text amendment to the RA-3 Zone of the
Zoning Ordinance. She said the Kalispell City -County Planning Board and Zoning
Commission had considered the proposal and unanimously resolved to reconmQend the
following text amendments to Section 3048 of the Kalispell Zoning Ordinance:
1} To eliminate banks, savings and loans, finance and loan companies as permitted use.
2) To allow drive-in banking facilities as conditional use.
3) To eliminate hotels or motels, accessory businesses as either permitted or
conditional uses.
Robinson stated that the Council had looked at that and the primary problem that came
to the fore seemed to be the traffic problem in that area. She said she had received a
telephone call that that problem had been addressed and she was not aware of how it was
addressed. She had talked with members of the Council and they were not aware either.
She reported it was the unanimous vote of the committee, and she so moved, that this
request be denied.
Mayor Kennedy advised she couldn't make a negative motion. City Attorney Neier stated
they weren't voting on that, they were voting on the ordinance to allow the change from
RA-1 to RA-3 at Kalispell Medical Arts and they should do that first.
Councilwoman Robinson then presented the Ordinance to Amend the Zoning Map to Change
Lot 2 of the Resubdivision of Kalispell Medical Arts Addition from Residential
Apartment, RA-1, to Residential Apartment, RA-3, and so moved. Councilwoman Hafferman
seconded.
Councilman Gunnerson spoke against the zone change, stating that currently RA-1 allows
the expansion of a pharmaceutical building to be located outside. The re -zoning to
RA-3 will allow the: drive -up banking and will also allow a motel establishment at that
location. He stated that in the meeting they had talked extensively concerning the
traffic flow in that area and that something has to be done. Gunnerson said he didn't
see any reason to change the zoning at this time and that later on we needed to
reconsider the traffic problem, but at this time he would speak against the zone
change.
Councilman Atkinson reported that there had been a reccomendation by Flathead Regional
Development to change the language of the RA-3 zoning to eliminate motels and hotels in
the RA-3 zoning in an attempt to allow this to go through. Atkinson said he was here
to speak against this ordinance in that it still did not address the traffic
problems there. He said that Dave Greer had made the statement than an RA-3 and RA-1
zoning should not have any difference as far as increasing traffic. Atkinson said the
committee felt that a bank up there would definitely make a difference as far as a
traffic pattern and had the potential of it at least. He said he would speak against
the ordinance also.
Councilman Saverud abstained from voting on this question because of a potential
potential conflict of interest by his serving on a bank board. He stated he had some
very strong feelings about this particular issue and at this point he would support the
com mittee's recommendation but he would abstain from voting.
There was no further discussion and upon roll call vote the ordinance was not passed.
Councilman Atkinson stated that this vote was only against the ordinance but was a vote
in favor of "patching the hole" and that Dave Greer had mentioned this to him. He
stated there is .no mandate that traffic patterns be addressed as growth goes on in the
hospital area and that his vote in particular was a vote against allowing that to keep
happening. He said that someone needs to be responsible for addressing the traffic
pattern on Buffalo Hill before he would ever vote for any growth pattern up there.
Mayor Kennedy stated that hopefully the traffic study that was being conducted right
now will address that somewhat and he had been in communication with the Highway
Department on #93 Forth, too.
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SOUTHWEST KALISPELL PRQMCT ENGINEERING SELECTICN
Mayor Kennedy advised the Selection Committee -had met and asked the Chairman, Public
Works Director Ken Hammer if the committee had a recommendation.
Hammer said the Committee had spent many hours on this and had met again this morning
and would like to recommend Carver Engineering.
Councilman Nystul moved the report of the Selection Carmittee be accepted. Councilman
Gunnerson sec carded .
Councilman Furlong asked if we were employing an engineer. Havener said no, this would
allow soneone, probably the City Attorney, to negotiate an engineer contract.
Councilman Nystul asked if we were in effect selecting the engineer for the project.
Mayor Kennedy Said yes.
Councilman Saverud requested that Ken Hamner outline briefly who the Selection
Ccarmtittee was and the process that was followed. Hamner explained that the Ccm=ity
Development Committee put together a point matrix, the evaluation committee asked them
questions during interviews and their bid proposals were reviewed.
He said there were four firms who submitted proposals: Carver Engineering,
Morrison Maierle, Thomas, Dean & Hoskins and Stokes & Associates. The Camiu7ity
Development Department did reference checks on all the firms.
Councilman Saverud asked if the firm they recormended scored the highest overall.
Hammer stated that was correct and added that it was extremely close, that all four
firms had done an extremely fine job on their presentations.
Councilman Furlong requested to know if this would be the same as a bid or is it based
on the percentage of the total contract or do they bid their services for a given
amount? Hammer replied they bid their services but it has to be negotiated.
Councilman Furlong asked if that had been done yet. Councilman Gunnerson stated there
was a general dollar figure that would serve as a guideline.
Councilman Furlong stated that he would hope, unless this is a real problem, that in
future reccgmendations, that he have something in writing with a brief form which would
include the kinds of materials that have been asked here tonight --who has been
interviewed and final recommendation. He stated that if the Council voted now, they'd
be seeing the final report after the fact. Councilwoman Hafferman agreed that they
didn't want to vote at the last minute on something they hadn't seen before.
A vote was taken with all in favor except Councilwoman Hafferman, who stated she
consistently voted against the project and she saw no reason to change her mind now.
Mayor Kennedy congratulated Carver Engineering. Councilman Furlong added that his
comments were in no way aimed at Mr. Carver or anybody else.
FIRST ALLEY WEST PROTECT
Councilman Nystul began discussion regarding a question Councilman Furlong had at the
last meeting about the storm drains to be installed at First Alley West and they
requested Jay Billrayer to explain.
Mr. Bilh-ayer stated the question that was asked by Councilman Furlong was a valid
question that pertains to the overall scope of the project. He had asked what was to
be done with the sump pumps that are in the alleys serving buildings and Councilman
Furlong and Councilman. Furlong had asked what would it cost to put in a sewer.
Billmayer stated they went back and identified the buildings that had suap puffs and
then laid out the piping systems through and put a cost on the conduits. He said there
were six buildings on sump pumps. Billmayer presented plans showing the sewer
construction drawings and explained the layout of the sewers, roof drains, sump pumps,
etc. He stated the cost would be $11,700 vs. $25,000 if it was full service.
Councilman Nystul asked if, in talking with the six people, he had an estimate as to
how much their pumps were running. Billmayer said he didn't, most of the people he had
talked to had no knowledge of that, but a few lead heard their pumps running and Gordon
Pirrie at Western Outdoor had replaced his two years ago.
There was some question an the placement of the sto=n drains and the sewer lines in the
alley, whether there was room in the alley to get all this in, if it would be awkward
for future repair. Billmayer answered that it was a fairly clean alley, with just gas
and sewer. There was more discussion on the drains.
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Councilman Atkinson asked what the effect of the new system would be on the alley, it
it would last longer. Billmayer advised that if you can get the water drained off the
surface faster, the pavement would give longer service.
Councilman Saverud stated that if there was a way of efficiently getting the storm
water off and the roof drainage off, he thought we ought to do it, that we should find
the $30,000 someplace and between the storm sewer assessment capabilities and a little
bit of increment, if we have to, we should do it.
There was further discussion on the drainage. Councilman Saverud said that everything
we have been trying to do in the redevelopment area is to try to make it pedestrian
friendly and without water standing and puddling and flowing, it is easier to walk
around and get around.
Councilman Furlong asked if we drained the roof drains on the surface and let it find
the opening by itself, would that eliminate $31,600 plus $11,690 or thereabouts.
Billmayer said no, it's just $31,600 or $11,690. The one alternative to eliminate the
roof or the sump pumps pumping onto the surface; that was the first one, then the
question came up, how much more would it cost to do everything, that's the second
number, which is inclusive.
Councilman Nystul asked why time was not of the essence to make this decision tonight.
Billmayer reported we have a problem with Pacific Power's tariff. He stated that in
order to underground, the city would have to create an ordinance, an underground main
or utility relocation ordinance and that along with the ordinance we would have to have
an agreement by 100% of the affected property owners for the undexgrounding to occur.
That doesn't stop installation of the conduit but it certainly stops Pacific Power from
putting anything on it. Billmayer said 60% of this project is Pacific Power's
facilities, 30-35% is Northwest Telephone and the rest is cable.
Councilman Furlong asked why it would bother the property owners to get it out of the
way, was it a problem getting 100%? Billmayer advised that the people were pleased
that they were going to get alley service and it would not be destroyed in the future.
He said the negative aspect was that where would be a diversion cost because their
service is overhead and many of their meters were inside the building, which is
contrary to Code. He said basically the people are very happy with the efforts that
Kalispell and the utility companies are making to bring this thing into being.
Councilwoman Hafferfman asked why all of a sudden we had to have the underground
ordinance in order to dig into the alley to do this. Billmayer said it came to light
when he was at a meeting with Pacific Power's designers, they handed him a list of
their rules. There was more discussion on negotiating with the property owners and
seeing that they were properly notified.
Councilman Nystul suggested that the Council consider the $11,000 vs. the $31,000 as
to what the preference of the Council is and talk about it next Monday night and
perhaps they would have a draft of an ordinance and a plan of attack on this. He said
he had no recollection, of discussion on ordinances. It was decided to talk about the
suggestions of Billmayer and the Pacific Power problems at the next Public works
committee meeting.
APPOINI=S
Mayor Kennedy appointed Debbie Adair to the Shade Tree Commission. Councilman Robinson
roved for the same and it was seconded by Councilman. Atkinson. Councilman Nystul asked
who Ms. Adair is. Mayor Kennedy stated she works for Radio Shack, she is very
interested in city trees. It was the recommendation of the Shade Tree Camm_ission to
appoint her and the Mayor concurred with this. Mayor Kennedy also stated we need
someone from the Council to serve on the Shade Tree Commission since there were no
Council members on it after Chuck Manning left. Motion passed for the appointment
with all in favor.
Meeting adjourned.
Approved as presented April 4, 1988
ATTEST:
Don Halver, rk/Treasurer
*John'Ed" Kennedy, r.'"Mayor
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