03/06/89 City Council Minutes112
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MARCH 6,
19 89, - IN THE COUNCIL- CHAMBERS AT 'CITY - HALL . MAYOR KFNNEDY - PRESIDED .
COUNCITMEMBERS HAFFERMAN AND SCHINDLER WERE ABSENT. ALL afHER COUNCIIIM+ ERS WERE
PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
CONSENT AGENDA
Approve Minutes - Regular Meeting February 21, 1989.
Approve Claims
Councilman Gunnerson moved the Consent Agenda be approved as presented, Councilman
Nystul seconded and the motion carried.
PUBLIC HEARING:
Developers Diversified, Ltd., Annexation Request: Heritage Place
Mayor Kennedy opened the Public Hearing and called for anyone wishing to speak in
favor.
Keith Wilson, representing Lantis of Montana, the corporation proposing to build
Heritage Place, spoke in favor and briefly explained the project. There were no other
proponents.
No one spoke in opposition and Mayor Kennedy declared the hearing closed.
ADDRESSING THE COUNCIL
Alan Gustafson, representing area citizens, read a letter requesting Meridian Road be
widened and reconstructed f rcrn Ashley Creek north to the Railroad Tracks. He presented
the letter, a packet of petitions and traffic count information to the Clerk/Treasurer.
The request was referred to the Public Works Committee.
No one else addressed the council.
MAYOR'S REPORTS:
Mayor Kennedy congratulated the Flathead Braves Basketball Team for winning the State
AA Basketball Championship.
ACKNOWLEDGEMENTS AMID APPOINr=S
Building Official
Mayor Kennedy reported it was his pleasure to appoint Craig Kerzman as Building Official
and asked council confirmation.
Councilman Furlong moved confirmation of Craig Kerzman as Kalispell Building Official.
Councilman Atkinson seconded and the motion carried.
CU44ITTEE REPORTS:
CCnVA ITY DEVELOPMENT
F.V.C.C. Buildings_Acguisition
Councilman Saverud reviewed the history of the negotiations leading to the proposal and
resolution being considered tonight.
Resolution #3834- Authorizing Purchase of F.V.C.C. Properties
Councilman Saverud moved Resolution #3834,- a resolution authorizing the purchase of all
of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 36, Kalispell Original,
and Lots 1, 2, 3, 4 and the Northerly Seven (7) inches of Lot 5, Block 45, Kalispell
Original from the Board of Trustees of Flathead Valley CtmnLmity College for the sutra of
$530,000, further authorizing the sum of $228,000 as set aside for Demolition and
Asbestos Removal, and authorizing the Mayor to accept said property on behalf of the
City of Kalispell. Councilman Atkinson seconded.
Councilman Hopkins said he supported the college but he was concerned about the lack of
appraisals on the two additional properties.
Councilman Furlong explained appraisals were not made, in part because one of the
buildings was recently purchased and remodeled and those values indicated the building
was worth more than the negotiated price. The ccnudttee also was able to review
appraisals of other properties in the area which helped the committee evaluate the
value of the buildings.
Furlong asked the agreement for the college to provide Fire Sprinklers in the new
campus buildings be included in the conditions in the resolution. Councilman Nystul
supported Furlong's request as did Councilman Gunnerscn.
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Councilman Nystul moved to amend the resolution to add a section reading to the effect
that whereas the City of Kalispell has Considered the college's intent to install a
Fire Sprinkling System in it's new campus as a provision in arriving at the agreed upon
price. Councilman Gunnerson seconded the amendment.
The amendment passed unanimously upon roll call vote.
The amended resolution #3834 was approved upon roll call vote with Councilman Hopkins
opposed.
Councilman Furlong moved the Council go on record thanking The Kalispell Development
Corporation for their leadership on this project. Councilman Saverud seconded and and
the motion carried unanimously.
FINANCE/PERSONNEL & PCLICY/INSURANCE
Ordinance #1131 - Second Reading -- Non -union Salaries
Councilman Atkinson moved approval on second reading of ordinance #1131, an ordinance
amending Ordinance #1128, fixing the limits of the salary and compensation of the City
Officials, Supervisors and Raployees pursuant to Title 7, Chapter 4, Part 42, M.C.A.,
beginning July 1, 1988; repealing all other ordinances in conflict therewith.
Councilman Nystul seconded.
Atkinson reported the ordinance contains one correction regarding the salary of the
Lieutenant of Police.
Councilman Gunnerson asked if the text of the matrix is completed. Councilman Nystul
reported the philosophy of the comp time policies needs to be established to give the
City Attorney and City Clerk/Treasurer guidelines for drafting the rules.
Councilman Furlong asked if the Finance Committee has addressed the concerns regarding
the salaries of the Executive Secretaries. Nystul reported he was reviewing their
salary history in order to prepare a report at the next committee meeting.
The ordinance unanimously passed second reading on roll call vote.
Authorize Accountant Intern
Councilman Atkinson reported City Accountant Robertson will be taking Maternity Leave
about June 1, 1989 for three months and Clerk/Treasurer Halver has requested permission
to prepare a job description and consider hiring a college student on an internship
basis for the summer to perform sane of the City Accountant duties.
Councilman Atkinson moved the Mayor and Clerk/Treasurer be authorized to hire the
Accountant intern.
Councilman Gunnerson asked how the position would be funded and how would we find
people with the skills required.
Halver and Atkinson explained they would seek an accounting student entering the
Master's Degree program or their senior year. Approximately 1/2 half of the City
Accountant's salary would be available for funding.
The motion carried unanimously.
Buffalo Head 'townhouse Additions - Tax Deed
Councilman Atkinson moved the council authorize the City Attorney, City Accountant and
City Clerk/Treasurer to make arrangements with Flathead County to purchase the Tax
Deeds for Buffalo Head Townhouses. Councilman Saverud seconded.
City Attorney Neier explained the history of the development and the Special
improvement District for the development. The taxes on most of the undeveloped lots
have not been paid and the county has taken Tax Deed on the delinquent lots.
In order for the City to get payment for the Special. Assessments and not default on the
SID bonds, the best, probably the only thing, for the city to do is to purchase the
properties and resell them.
It will cost the City about $31,000 whereas anyone else buying the Tax Deeds would have
to pay approximately $81,0001 the difference being the city would not -have to pay the
tax amounts due itself. -
The present title holder to the properties has indicated they would give a quit claim
releasing their rights to the property.
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The purchase would be funded by loans from the SID Revolving Fund and probably the Tax
Increment Lund. Councilmen Atkinson and Nystul stated this was to be included in their
motion.
The motion carried unanimously.
PARKS, PUBLIC LANDS/A1MMTTON/ZONING/BUIIDTNG REGULATION
Resolution #3835 = Annexation of Heritage Place Addition
Councilman Furlong moved approval of Resolution #3835, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including therein, as an
annexation, certain real property to be known as Heritage Place Addition No. 216; to
zone said property Residential Apartment, RA-1, and to amend the City Zoning Map
accordingly and to declare an effective date. Councilman Nystul seconded.
Councilman Atkinson reported he would be abstaining from voting on the resolutions
pertaining to Heritage Place because he works for Mr. Wilson who represents the
developer.
The motion carried upon roll call vote, with Councilman Atkinson Abstaining.
Utility Extension Agreement - Heritage Place
Councilman Furlong explained the terms of the Utility Extension Agreement and moved it
be adopted. -Councilman Nystul seconded and the -motion carried.
Resolution #3836 - Preliminary Plat Approval - Heritage Place
Councilman Furlong moved passage of Resolution #3836, a resolution conditionally
approving the Preliminary Plat of Heritage Place, a portion of Section 6, Township 28
North, Range 21 West, P.M.M., Flathead County Montana. Councilman Nystul seconded
The motion carried upon roll call vote with Atkinson abstaining.
Final Plat Consideration
Keith Wilson asked the Council to act on the request for Final Plat Approval of
Heritage Place at the March 13, 1989 Special Council Meeting. -
David Greer said F.R.D.O. regulations require the final plat approval application be
presented at least 20-days before the meting. They will try to process it by the
March 13 meeting, if -they receive it in time.
The council agreed to consider the approval if all requirements are met and the
paperwork completed.
PUBLIC WORKS/AIR QUALITY/AIRPORT - No Report
SEWER & WATER
Meeting
Councilman Nystul reported there will be a committee meeting Wednesday March 8, 1989 at
8:00 am. They will discuss the Evergreen Sewer Plan.
Billing Adjustments
Councilman Saverud asked Committee Chairman Nystul if the Water Bill adjustments
approved by the Sewer & Water Committee at the February 23, 1989 meeting required
council approval. Nystul said the committee approved the recommendations of the Acting
Superintendent.
Clerk/Treasurer Halver said he had reviewed the Water Rules and Regulations -and they
appear to authorize the Superintendent to make corrections. Halver said he cosigns all
the correction and adjustment memos and he would prefer the rules be amended to cover
these adjustments.
Nystul said the committee will take the request under advisement.
ANNCUNCEMENrS
SPECIAL COUNCIL MEETING - Monday March 13, 1989, 5:00 pm.
COMMITTEE MEETINGS
Parking Commission - Wednesday March 8, 1989, 4:00 gm.
Parks, Public Lands/Annexation/Zoning/Building Regulation - Thursday March 9, 1989,
4:00 pm.
Shade Tree Commission - Tuesday March 14, 1989, 4:00 pm.
Finance/Personnel & Policy/Insurance - M day March-20, 1989, 8:15 am.
Mayor Kennedy reminded the council of the Local Government Workshop in Bozeman? March
15-17. If anyone is interested in going, let him know immediately.
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Councilman Gunnerson reported he would be absent from the city and unable to attend the
Special Meeting of March 13.
ADJOURN
The meeting was adjourned at 9:12 pm.
r_yUrrxykq
Don Halver, Clerk/Treasurer
John "Ed" Kennedy, Jr.
Mayor
I
hn "Ed" Kennedy .► Mayor
Approved as presented March 20, 1989
CITY OF e-
�/x�,r,w
March 1, 1.989
S PECIAL MEETING
TO THE I-DNORABLE BOARD OF 0XVCII.YOVIBERS
CITY OF KALISPELL, MONi`P14A
COUNCIL A9MER.S :
Drawer 1997
Kalispell, Montana
59903-1997
There will be a Special Meeting of the City Council Monday, March 13,
1989 at 5:00 P. M. in the. Council. Chambers at City Hall for the folloviing
purpose:
OPEN BIDS 011 KALISPELL INTERIM PHOSPHORUS RWVAL PRI;.UECT
CONSIDER FINAL PLAT APPROVAL HERITAGE PLACE ADDITION
We, the undersigned, members of the City Council, do hereby affirm wE: have
been properly noti- ied of the calling of this special meeting to be held
IN2Dnc3ay, March 13, 1989 at 5:00 P.M. in the Council C-TLSw iers at City M11
and consent to the transaction of the above business and any other business
that may properly cane before the City Coun~'
ATTEST: � John E? Kennedy, -Mayor
Don lv Cj
6aaynE
Roger
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OUT OF TOWN
. Gsnnerson
At inson Cyr w-
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r l- rlm na Noel D :
er e Cia:re IeYrrr�r�
Cl -5d�' , City Attorney
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