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04/18/88 City Council MinutesL14 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY APRIL 18, 1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMAN SAMM WAS ABSENT. ALL CIPHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Regular City Council Meeting April 4, 1988 Councilman Furlong moved the minutes be accepted as presented. Councilman Nystul seconded and the moticn. carried. ADDRESSING THE COUNCIL Kay McCreedy, who works for Kalispell Diagnostic, spoke in favor of the Medical Arts Zone Change Request and presented the Clerk/Treasurer with a petition from employees in the Medical Arts Building who favored the zone change so a Drive --in Banking Facility could be located there. Dr. Andy Palchak spoke in favor of the zone change to allow the banking facility. Dr. Van Kirke Nelson spoke in favor of the zone change requested, Bob Grady, Co-owner of Medical Arts Pharmacy, spoke in favor of the zone change request. Dr. Reid Vaughan spoke in favor. Don McClarty, Buffalo Hill Resident, said he was not specifically opposed but was concerned about the traffic problems in the area. He also was concerned about- other future development requests. Dan Lundgren, Crestline Avenue resident, was also concerned about what future developing might be allowed. PUBLIC HEARINGS: Request for Zone Change: Kalispell Medical Arts Mayor Kennedy called upon. David Greer who explained the purpose and effect of the requested zone change. Mayor Kennedy then opened the public hearing and asked if there were any Proponents. Bruce Lutz, of Architects Design Group, thanked the Annexation Ccnudttee for recognizing that the traffic problems should not be tied to this request. Dr. Steve Weber, representing the Medical Arts partnership, spoke in favor of the Zone change request and explained their reasoning for the request. Dr. Wilson Higgs spoke in favor of the request. There were no other proponents and no opponents and the hearing was closed. Intention to Create SID #340 Mayor Kennedy called upon City Attorney Neier who explained the SID. Mayor Kennedy then opened the public hearing. No one spoke in favor or against the issue and the public hearing was closed. AbandcnTent of First Alley E. N. City Attorney Neier explained the purpose and procedures. Mayor Kennedy opened the public hearing and called for proponents. Tom O'Neil, one of the property owners, explained their request for having the alley closed. "Doc" Dahlquist, of Concept 360, Inc., said he was here to answer any questions the council may have regarding the development proposal. There were no other proponents and no opponents, Mayor Kennedy declared the hearing closed. CITY OFFICIAL REPORTS Treasurer's Report March Police Chief 11 1 () " q0 City Judge fF Building Official IF Fire Department Quarterly Report Police Chief Annual Report Councilman Schindler moved the City Official Reports be accepted as presented, Councilman Nystul seconded and the motion carried. NMOR'S REPORT - No Report CCU+ 11571`EE REPORTS: CCNM LAITY DEVELOPMENT/BUILDING REGULATION/PARKING/PUBLIC BUILDINGS Request for Proposals for sale of Griffin Field Councilman Atkinson reported the committee reds and he moved the City of Kalispell request proposals for the Sale of Griffin Field, Block #23, (Third Avenue East, Montana Street, Second Avenue East). The site is 90,000 square feet with a market value of $235,000. The proposal should include the plan for redevelopment and amount of purchase price. The site is located in the Kalispell Redevelopment Plan. Proposal for purchase and redevelopment should be submitted to the City of Kalispell by 5:00 PM June 20, 1988. For further inforn-ation contact the City of Kalispell Ccummity Development Department, 752-7491, Drawer 1997, City Hall, Kalispell, Mcntana 59903. The City reserves the right to accept or reject all proposals. Councilman Furlong seconded and the motion carried. FINANCE/PERSONNEL & POLICY/INSURANCE Approve Claims Councilman. Nystul moved all claims found in order by the Finance Comuttee be accepted for payment. Councilman Atkinson seconded and the motion carried. Approve Quarterly Pledged Securities Councilman Nystul reported the pledges appear to be adequate and in accordance with state law and moved the pledges for the Quarter ending March 31, 1988 be approved. Councilman Schindler seconded and the motion carried. Insurance Policy Extension for Discovery Councilman Nystul reported that the cane year extension of discovery cn a former public officials liability policy will expire on May 5, 1988. It is the recarm)endation of the administration and committee that the policy not be renewed. No one objected. Chamber of Commerce Lease, Lions Park Councilzmban Nystul moved the Mayor be authorized to sign the updated lease on Lions Park. Councilman Atkinson seconded. Nystul explained the only change in the lease is the requirement the city maintain the Restrooms instead of the Chamnber. The motion carried. Hockaday Arts Center Contract Change Orders Councilman Nystul moved the City Attorney draft the necessary resolutions for the change orders to the Hockaday Construction Contract. Councilman Atkinson seconded. Nystul explained, in reviewing claims he noted two change orders had been made to the construction contract; he was requesting the proper resolutions be drafted and passed to properly document these change orders. The motion carried. PARKS/PUBLIC LANDS/ANNEKATION/ZONING/AIRPORT Ordinance #1120: Amend Zoning re Banks and Savings and Loans - Second Reading Councilwcxnan Robinson moved passage of Second Reading of Ordinance #1120, an ordinance amending Section 3.04(H) of the Kalispell Zoning Ordinance, (Ordinance No. 1110); by eliminating Banks/Savings and Loans/Finance and Loan 0,inpanies 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 declaring an effective date. Councilman Nystul seconded. The motion carried unanimously upon roll call vote. Ordinance #1122 - Medical Arts Zone Change Request -- First Fading Councilwoman Robinson moved (First Reading) Ordinance #1122, an ordinance to amend Section 5.01, Official Zoning Map, of the City of Kalispell Zoning Ordinance, (ordinance No. 1110), to change Lot 2 of the Resubdivision of Kalispell Medical Arts Addition from residential apartment, RA-1, to residential apartment, RA-3, and to provide an effective date. Councilman Gunnersoi seconded and the motion carried unanimously upon roll call vote. Councilman Gunnerson requested the Highway Department be asked to present a council workshop on what can be done about the traffic study. Councilman Schindler suggested the workshop be held after the traffic study is canplete. Gunnerson wanted to make sure the Highway Department if fully aware of our concern. Resolution #3787: Preliminaxy Plat Approval, Elks RV Park Proposal Councilvxrnan lcbinscn moved Resolution #37 87, a resolution conditionally approving the preliminary plat of Elks Club RV Park, a portion of Lot 1 of the Airport Addition, NW1/4, NW1/4 Section 20, T28N, R21W, P.M.M., Flathead County Montana. Councilman Furlong seconded. Mayor Kennedy reported his staff has some concerns about there not being a time limit as to when the paving should be done. Councilman Furlong said the resolution contains a provision requiring paving if the park is expanded. Councilman Atkinson said he would prefer it be paved within a designated time. Councilman Schindler asked if the Public Safety concerns have been addressed. Bob Nieboer, of the Elks, explained how they are handled. He also explained their position on the paving issue. The motion carried upon roll call vote with Councilman Atkinson voting no. PUBLIC WORKS/PUBLIC SAF=/WATER & SEWER Ordinance #1121: Bus Stops -- Second Reading Councilman Gunnerson moved passage of second reading of Ordinance #1121, an ordinance amending Section 17-54, Kalispell City Code, by prohibiting parking at certain locations to allow for Bus Stops. Councilman Nystul seconded. The motion carried unanimously upon roll call vote. Call for Bids - Woodland Park Sewer Extension Councilman Gunnerson moved the Council authorize the call for bids for the Woodland Park Sewer Extension. Councilman Atkinson seconded. Councilman Nystul explained the purpose of the project. He also asked that the Comittee be allowed to open the bids during a meeting to be held May 4, 1988 at 4:00 pm. The recommendation would then be made to the council, and the bid awarded, during the regular meeting of May 16, 1968. City Attorney Neier said that would be acceptable as long as the advertisement for bids so states. Councilman Nystul so moved his request, Councilman Atkinson seconded and the motion carried. The motion calling for bids them carried. Southwest Kalispell Engineering Contract Councilman. Gunnerson moved the Mayor be authorized to sign the Southwest Kalispell Engineering Contract upon approval of the contract by the Montana Department of Cconerce. Councilman Atkinson seconded. The motion carried with Councilwarr.n HaffenTan opp Abandonment of First Alley E. N. Councilman Gunnerson asked the City Attorney draft a resolution for the Abandonment of First Alley E. N. to be acted upon at the next council meeting. Hook-up Fees Lutheran Home Councilman Gunnerson reported the comittee has recapended the existing rules be followed, these rules will require a fee of $50,000 for the Sewer Hook-up and the Water Hook-up fee of $10,000. Street Reconstruction Program Councilman Gunnerson reported two changes need to be made in the Street Reconstruction Program. East Center Street should be shown as 2.5 blocks instead of 3.5, and the contingency streets to be considered (2nd and 3rd Ave E.) should be deleted fran the per• He moved the street construction and maintenance program, as amended, be accepted. Councilman Schindler seconded. City Surveyor Zavodny answered Councilman Nystul's questions about the projects. �71 Councilman Nystul said he was concerned that a complete reconstruction of North Meridian could be completed before the year was over, considering all the other work being planned . He also felt there were blocks in others areas that needed attention; most of this proposed work is in the north and northwest areas of the city. After more discussion the motion carried. Hook-up fees Lutheran Ham - Continued Councilman Schindler felt the Council should formally vote on upholding the fees as prescribed. Councilman Gunnerson confirmed the council has been requested to waive the fees. Councilman Gunnerson moved the Lutheran Haue Water and Sewer Hook-up fees be in accordance with current city ordinances, Sewer $50,000 and Water $10,000. Councilman Schindler seconded. Councilwoman Robinson said she would be voting against the motion because she thought the City would be placing itself in a precarious position. Councilman Gunnerson asked her why and she said she thought the city would get sued because a lower quote was given over the telephone. The motion carried with Councilwoman Robinson voting no. Resolution #3788: Creation of SID #340 Councilman Gunnerson moved Resolution #3788, a resolution creating Special Improvement District No. 340 for the purpose of totally funding the relocation of all existing Overhead Electrical and Ccmmmication Facilities on First Alley West between Center Street and Fifth Street West, Kalispell, Flathead County, Montana, which is more particularly described in Exhibit "A", attached hereto and for purposes of this resolution made a part hereof. Councilman Nystul seconded. The motion carried upon roll call vote with Councilman Schindler voting no. Meeting Councilman Gunnerson reported there will be a joint Public Works and Community Development Committees meeting on Wednesday April 20, 1988 at 4:00 pm., to discuss Cbmumity College issues. Order in Curbs Councils Gunnerson moved the Ordering in of Curbing for the Street Reconstruction Program. Councilman Atkinson seconded. The motion carried with Councilman Nystul opposed. Call for Bids - Water and Sewer Materials Councilman Gunnerson moved the authorization for the call for bids for Water and Sewer Line Materials for 1988. Councilman Nystul seconded. Andy Hyde explained this is for the materials needed for the Street Reconstruction Program.. He told Councilman Nystul the amounts would be specific. The motion carried. ACK14OWLEDGEMUS, AIRM=MUS AND APPOINIT-=S Appoint City Attorney Mayor Kennedy announced he was reappointing City Attorney Neier for a two year teen. Councilman Schindler moved confirmation of the appointment and Councilman Nystul seconded. Councilvxnian Hafferman thought there were foulups somewhere, either at FRDO or the City Attorney's office, in the handling of scene annexation issues since January. Mayor Kennedy said giant steps were being taken to reconcile those problems. The motion carried. Parks Committee Meeting Councilwoman Robinson announced a Parks Committee meeting for Tuesday April 26, 1988 at 4:00 pm. Animal Warden Letter of Coupliment Councilman Schindler read into the record a letter to Chief Clark: To Ad Clark, Having had several dealings with your Animal Control Officer, Mr, Mike Hall, I felt another day couldn't go by without ;my recognizing and expressing gratitude and appreciation for the fine job he's doing. We've been at this address for six years and have really been able to see the animal problem caning under control. He is not only prcapt in handling a camplaint but treats it with utmost concern, sincerity, courtesy and completeness. Mr. Hall is a real jewel and a definite asset to your fine department. I'm sure he doesn't get the appreciation due him but we know we are not alone in the way we think and feel about the job Mr. Hall does. His immaculate appearance speaks for the professionalism that Mr. Hall brings to the job. Sincerely, Pat & Cheryl Lewis, 937 5th Ave East, Kalispell, Mt., 755-8544 Schindler then read this letter into the record: Dear Ad, I always knew that the Kalispell Police Department was a very good reliable part of our city, but in this day of constantly hearing about all the bad things that city government is, I thought you'd like to hear about how well and efficient your patrolmen have responded to an incident that happened Friday Night at my residence. At about 12:30 A.M., a light speeding vehicle slammed into my chain link fence and mail box trying to negotiate the curve at 7 th Ave. W. N. and County Road. Within minutes, maybe even seconds your men responded and handled this unfortunate situation in a very professional manner. I for one appreciate this very much and hope you will share this letter with the patrolmen that were involved. Sincerely, Bill Swanson. Schindler then reviewed some statistics from the Police Chief's March Report. He congratulated and commended the Chief for a Job well done. Councilman Schindler moved to direct to write a letter to the Police Department staff, on behalf of the Mayor and City Council, expressing appreciation for what is obviously a job very well done. Councilman Atkinson seconded and expressed appreciation for the patrolling being done at the Russell School Crosswalks. The motion carried. Council Workshop Clerk/Treasurer Halver asked Council approval for a Council Workshop for May 9, 1988 at 6:00 pm., to discuss business licenses. Committee Meetings Mayor Kennedy requested Committee Members to try to make sure a quorum is present for meetings. ADJOURN There being no further business, Mayor Kennedy adjourn meeting at 9:36 pm. Approved as corrected May 2, 1988� John "Ed" Kennedy, Jr., Mayor ATTEST: Don Halver, Clerk/Treasurer