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04/04/88 City Council Minutesy�J A REGULAR MEETING OF THE KALISPELL CITY C 1CIL WAS HELD AT 7:30 P.M. MDADAY APRIL 4, 1988 IN THE COUNCIL CLAMBERS AT CITY HALT. MAYOR KENN DY PRESIDED COUNCILMEN SCHINDLER, SAVERUD AM GJNNERSON WERE ABSENT. ALL OTHER COUNCILMEMBER.S WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Special City Council Meeting March 14, 1988 Regular City Council Meeting March 21, 1988 Special City Council Meeting March 24, 1988 Councilman Furlong moved the minutes be accepted as presented. Councilman Nystul seconded and the notion carried. ADDRESSING THE COUNCIL Joe Astle —Representing The Flathead Recreation Management Group Astle presented copies of a letter to the council. He then read from the letter requesting The Flathead Recreation Management Group be considered to become the lease operator of the Kalispell City Golf Course. The preliminary offer is $15,000.00 annual rental fee. The Group requests tonight they be acknowledged as a candidate with equal status with the Kalispell Golf Association and the council delay awarding of the lease for 30 days to allow the Group to enter into discussion with the City. Mayor Kennedy told Mr. Astle these requests need to go through cominittee and he referred the request to the Parks Cma tittee. Committee ChainTon Robinscn stated the next committee meeting is scheduled for Friday, April 8, 1988, at 4:00 pm. John Van - Kalispell Pee Wee Baseball Association & Kalispell Babe Ruth Association Mr. Van requested to be placed on the Park Conrnittee Agenda to discuss a baseball .ccuplex for the two groups. Chairman Robinson requested he came to the April 22 committee meeting and he agreed. Wayne Murray - President, Kalispell Golf Association Mr. Murray stated the Kalispell Golf Association had exercised their option to renew the lease through June 30, 1993 and requested the council so advise the Flathead Recreation Management Group. Buck Torstenson -- Co-owner of the Outlaw Inn and Golf Association Member Mr. Torstenson spoke in behalf of the Kalispell Golf Association. He said the golf course has developed into one of the finest in the northwest through good management decisions. The Outlaw Inn recognizes golf as a significant part of their business and it is imperative that a first class operation be maintained as it has been and he supported the present management and asked the council to not make any changes. Mark Agather -- President, Glacier Insurance and Golf Association Member Mr. Agather said the association has worked hard and can be seen by the Course being rated #2 in Montana by Golf Digest. He reminded the council the land came from the Camerons and Mr. Bitney to be used for a golf course. He also asked if this discussion is even in order at this time. He felt the present management be allowed to continue. Mayor Kennedy reported City Attorney Neier would be providing the camdttee with a written opinion regarding lease negotiations and further discussion would be handled in committee. Councilman Nystul said he didn't think the City had any intention of not entering into another lease agreement with the Kalispell Golf Association. The efforts are to improve some of the language which he felt both sides would agree needed work. If the negotiations on the existing lease were not successful, then probably the city would have to give legal notice to accept proposals from all interested parties. He felt the city was happy to continue where they are. PUBLIC HEARINGS: Southwest Kalispell Floodplain Improvements Ross Plambeck explained the purpose of the ]Public Hearing and presented the background information. Mayor Kennedy opened the Public Hearing and called for Proponents and Opponents. There being none he declared the Public Hearing closed. .1 30 Elks R. V. Park Councilwoman Robinson briefly explained the Elks R. V. Park Project. Mayor Kennedy opened the Public Hearing and asked for proponents. Bob Nieboer, a Kalispell Elks Lodge trustee, said they were proposing the R. V. Park because of the interest expressed by visiting Elks, and to improve the land behind the Lodge. Jay Billmayer, Engineering Consultant on the project, presented additional information, said he was in favor of the project, and said he would answer any questions. Clerk/Treasurer Halver read two letters into the public hearing. Kalispell Bus Depot, J. C. N. Company, Inc., Dan Holm, President, wrote in favor of the project. James C. Meyers, Owner, DAYS INN, wrote that he had no objection to the project. Councilman Furlong, Lodge member, said there were some details such as the cost of hook-ups that still have to be addressed, other than that he had no problems. There were no other opponents, and with no proponents, the Mayor declared the Public Hearing closed. Text Amendment, RA-3 Zoning Councilwomen Robinson explained the purpose of the Public Hearing. David Greer answered Councilman Nystul regarding the reasons for requesting the change. Mayor Kennedy opened the Public Hearing and called for Proponents. There were none. He then called for opponents, and there being none, closed the Public Hearing. MAYOR'S REPORT - No Report CU41ITTEE REPORTS CCnU1111TY DEVELOPAENT/BUILDING RATION/PARKING/PUBLIC BUILDINGS Authorize Mayor to Sign Final Version of Community Development Block Grant Contract with State of Montana. Councilman Atkinson moved the Mayor be authorized to sign the final version of the Contract with the State. Councilwoman Robinson seconded. Councilman Nystul asked the record indicate the document has been reviewed by the City and the Community Development Staff and it is in order. The motion carried with Councilwoman Hafferman voting no. Adopt the Cc mounity Development Block Grant Management Plan Councilman Atkinson moved the City Council admit the Community Development Block Grant Management Plan. Councilman Nystul seconded. This is the plan for the Southwest Kalispell project. The motion carried with Councilwoman Haf f Pin opposed. Authorize Mayor to sign Leveraging Agreement with Norwest Bank for ongoing Commercial Loan Program Councilman Atkinson moved the City Council authorize the Mayor to sign the Leveraging Agreement. Councilman Furlong seconded. Ross Plambeck and Councilman Nystul discussed the history and procedures behind the agreement. The motion carried. Resolution #3785 - Establish Fair Market Value - Griffin Field Councilman Atkinson moved Resolution #3785, a resolution establishing the fair market value of the old Griffin Field at $235,000.00. Councilman Furlong seconded and the motion carried unanimously on roll call vote. FINANCE/PERSONNEL & POLICY/INSURANCE Approve Claims Councilman Nystul moved the claims found in order by the committee be approved for payment. Councilman Furlong seconded and the motion carried. Building Department Ccrnputer System Councilman Nystul moved the Building Department be authorized to proceed with their cuter purchase and the necessary budget transfers be made. Councilman Atkinson seconded. C. 31 Councilwoman Haffe mean said she didn't see a need for the Computer System. She and Councilman Nystul discussed the need. Following general council discussion, the motion carried with Councilwoman Hafferman voting no. Additional Hours - City Judge Clerk Councilman Nystul reported the comittee has received a request fn n the City Judge that she be allowed to increase the number of hours worked by her clerk to handle the increased work load which has occurred over the past few months. Clerk/Treasurer Halver has reported there seems to be enough money to add an additional 12 hours a week (from 24 to 36 hours a week) for the remainder of this fiscal year. Councilman Nystul moved the City Judge be authorized to add 12 hours a week to the clerk's schedule for the remainder of this fiscal year. Councilman Atkinson seconded and the motion carried. Business License Workshop Councilman Nystul reported that Clerk/Treasurer Halver had informed the ccm-ittee that the Local Government Center of Montana State University would be willing to conduct a workshop on business licensing for the Council if the Council so wishes. Councilman Furlong moved the workshop be held, Councilman Nystul seconded and the motion carried. Clerk/Treasurer Halver will work with the Finance Coatmittee to schedule it. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT Resolution #3786 — Annex the Southwest Kalispell Area Councilwoman Robinson moved Resolution #3786, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain parcels of real property to be known as Southwest Kalispell Addition #211; to zone said property Residential, R-4, and Residential R-1, to amend the City Zoning Map accordingly and to declare an effective date. Councilman Nystul seconded. The motion carried on roll call vote with Councilwoman Hafferman opposed. Resolution #3787 - Preliminary Plat Approval - Elks R. V. Park Councilwoman Robinson reported the Ccnruttee reccuuended the Resolution Conditionally accepting Preliminary Plat Of the R. V. Park subject to the listed conditions. She moved Resolution #3787 and Councilman Atkinson seconded. Councilman Furlong discussed the City/County Planning Board's recommendation that the fence requirement be deleted. Furlong said the Elks would be the only property required to provide an airport boundary fence. Councilman Atkinson felt the purpose of the use of the land justified the fence requirement. Bob Niebooer, Elks Trustee, said the Park is not affordable and won't be built if the fence and paving are required. He was concerned because the City/County Planning Board had agreed to drop these requirements is and now the committee had net without notifying the Elks and hearing their concerns, and reinstated the requirements. Councilman Furlong moved to amend Resolution #3787 by deleting Item 4 can page 3 and Item 7 on page 3. Councilman Nystul seccnded to get the motion an the floor. Furlong said the fence wouldn't accoirplish anything and he said the paving would be a problem as long as there is a high water table problem. Jay Billmayer said he didn't see a need for the fence, the ballfields are a potential higher risk and there hasn't developed a need there for fencing to keep traffic off the airport. It was unfair to impose the fence requirements only on the Elks Project. Billmayer said it was not practical to pave the street because there wasn't the traffic to justify it and the frost problems also affect the practicality. Councilman Nystul moved the motions be tabled and be sent back to corcmittee. Councilman Furlong seconded and the motion carried. Ordinance #1120 - Text Amendment - RA-3 ping Councilwoman Robinson moved Ordinance #1120, an ordinance amending Section 3.04(H) of the Kalispell Zoning Ordinance, (Ordinance No. 1110); by eliminating Banks/Finance and Loan Companies and Hotels or Motels, with accessory business uses as either permitted or conditional uses, allowing Drive-in Banking Facilities as a conditional use and allowing Pharmacies as a permitted use in a Residential. Apartment/Office RA--3 zone, and C2 - declaring an effective date. Councilman. Nystul seconded. Councilman Furlong asked who initiated this. David Greer said the issue came up when the application for the zone change at the hospital occurred. During that review it was pointed out there were some classifications that might not be appropriate in a High Density Residential RA-3 area. This is an interim step in cleaning up some of the Kalispell Zoning Classifications. Councilman Furlong asked if the Conuattee reeds this ordinance. Councilwoman Robinson said yes. Councilwoman Robinson was concerned about allowing drive-in banking an the hospital area because of traffic concerns. Councilman Atkinson asked that all zone changes in the area be tabled until long terns plans are made to address the traffic flow. He said he had to speak against the classification changes to the RA-3 zone. Councilman Nystul called for the question. After further council discussion the ordinance passed (first reading) upon roll call vote with Councilman Furlong voting no. Councilwmmen Robinson and Hafferman voted yes with reservations. Kalispell Medical Arts Zone Change Request Councilwoman Robinson reported the committee learned the findings of facts has not been properly addressed in turning down the zone change request. FRDO bad approved the request and representatives of Medical Arts felt they had not been given a opportunity to address the committee's denial recommendations. It is Uie committee recommendation that the review process be redone and Councilwoman Robinson so moved. Councilman Nystul seconded. City Attorney Neier said the Public Hearing will be reheld. Councilman Atkinson spoke against re -reviewing the request and Councilman said the 12 points (findings of facts) were not properly addressed with the reasons for denial documented. The motion carried unanimously. PUBLIC WORKS/PUBLIC SAFEIY/WATER & SMER Vacating First Alley East North Councilman Nystul reported the committee has received a request to vacate First Alley East North. He explained the request and the procedure needed to get the alley vacated. Councilman Nystul moved the City Attorney be directed to prepare the necessary notices and set the Public Hearing for the vacation of this alley. Councilman. Atkinson seconded and the motion carried. Ordinance #1121 - Prohibit Parking at Certain Locations for Bus Stops Councilman Nystul moved adoption. of Ordinance #1121 (first reading), an ordinance amending Section 17-54, Kalispell City Code, by prohibiting parking at certain locations to allow for Bus Stops. Councilman Furlong seceded. City Attorney Neier reviewed the stops that had been eliminated from an earlier draft. The nation carried unanimously on roll call vote. First Alley West Storm Drains Councilman Nystul reported the engineer and the Public Works Committee are reccrmkezOing the installation. of Storm Drains only in the two blocks between First and Third Street. The other blocks have adequate slope to handle the runoff. Nystul moved the committee's reconuuendation be concurred in. Councilman Atkinson seconded. Councilman Furlong asked how much more it would cost to put Storm Drains in all blocks. Nystul it would be twice as much, he said the committee agreed the runoff could be adequately handled under this recidatien. Jay Billmayer and Councilman Furlong further discussed the design of the project. 3 The motion carried with Councilman Furlong voting no. Parade Policy Councilman Nystul reported that the Police Chief has evaluated parade routing for the past two years. He reccrmnends parade sponsors be given the choice of First Avenue West or Main Street. He also recommends that throwing candy frcin floats not be permitted. Councilman Nystul moved the Chief of Police be authorized to detennine Parade Mutes, based upon sufficient notice and candy will not be thrown during parades. Councilwoman HaffenTan seccnded. Mayor Kennedy pointed out people could give out candy by walking along the parade route. The motion carried. Scoreboard Bar Sewer Hookup Councilman Nystul reported the project entails extension of a 10 inch main from the Lift Station in Woodland Park across Woodland Park Drive and then from a manhole branching out in two directions to serve the area that is designed to be served by that Lift Station. The Bar has a failed Septic System and desires City Sewer Service as soon as possible. In order to conply with the System Master Plan which is the 10 inch main, Councilman Nystul moved the Master Plan be followed. Councilman Atkinson seconded. Atkinson asked how this would be funded. Nystul said the 10 inch main could be funded by the city and the cost apportioned to the users as they hook up. No final plan for the cost apportionment has been adopted. Councilman Atkinson asked if they were going to annex, Nystul said it is not being required in this instance. Others pointed out the application for annexation is being processed. Water/Sewer ,Superintendent Hyde said there were groundwater problem in the area and the timing for construction is critical. The motion carried. ACKNJALIDGEMENrS, ANNOD gMENTS AMID APPOINI4T%TS Councilwoman Robinson announced a Parks/Public Lands/Annexation/Zoning/Airport Committee meting on Friday April 8, 1988 at 4:00 pan. Councilman Atkinson announced Council President Saverud has scheduled a Council Workshop on Monday April 11,1988 at 6:00 pm. Councilman Nystul announced there would be a Flathead Basin Commissicn Workshop April 25 and 26, 1988, the cost is $26.00 and anyone interested should contact the Mayor and register by April 8. ADJOURN There being no further business, Mayor Kennedy adjourned the meeting at 9:55 pm. Approved as presented April 18, 1988 John "Ed" Kennedy, Jr., Mayor ATTEST: -------------- Don Halver, Clerk/Treasurer