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05/15/89 City Council Minutes130 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL VMS HELD AT 7:30 P.M. NDNDAY MAY 15, 1989 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILMAN SCHINDLER WAS ABSENT. ALL OTHER COUNCILMESERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes - Regular Meeting of May 1, 1989 Approve Claims City Official Reports Treasurer's Report (April) Police Chief " City Judge " Building Official " Councilman Gunnerson moved approval of the consent Councilman Nystul seconded and the motion carried. agenda items as presented. PUBLIC HEARINGS - ANNEYATIONS Mayor Kennedy reviewed the information contained in a handout regarding the general conditions and services regarding these annexations. Mayor Kennedy opened the Public Hearing to general discussion of annexation questions. Bob Leduc, 101 Northern Lights Blvd., said he was here with a petition against being annexed. The petition was circulated among members of the audience. Leduc stated the group can't afford more taxes, many are retired and on fixed incomes. He didn't think he would gain any service by being annexed. Roy Deming, 124 Northern Lights Blvd., claimed State Code 7-2-4732 says there has to be a 5 year master plan presented regarding extension of services. He contends we aren't following with the code. Fred Kluesner, 1418 Woodland Avenue, said he wouldn't mind being annexed if City Services would be provided. He said sewer, street lights, garbage and street maintenance wouldn't be provided. He also said Woodland Avenue was not a City Street and he was not surrounded. He asked not to be annexed. John Wells, 1288 North Meridian, said the majority of the people in Northwest Tracts are senior citizens and can't afford the additional taxes from being annexed. He also contended the sewer system couldn't handle the additional properties. Harley Gosney also said he and the others cannot afford the additional taxes. Mayor Kennedy closed the general discussion and opened the first Public Hearing. Buckallew Addition #217 Mayor Kennedy opened the public hearing. There were no proponents. Property Owner Tom Buckallew spoke against the annexation because he was on a fixed income and couldn't afford more taxes. There being no other opponents the public hearing was closed. County Addition #218 Mayor Kennedy opened the public hearing. There were no proponents or opponents and the public hearing was closed. Dry Bridge Addition #219 Mayor Kennedy opened the public hearing. There were no proponents. Bob Thomas, 1422 Woodland, opposed the annexation. Jerry Sommers, Dry Bridge area, spoke against the annexation because of higher taxes. Leilani Kelch, 1420 Woodland, said she moved there three years ago because of lower taxes. She said she -has all the services she needs and doesn't want to be annexed. Orville Glendenning, 1416 Woodland Ave., spoke against the annexation. Lillian Probert, North Meridian spoke against being annexed. She said she is on Social Security and can't pay the additional taxes. 1 There being no other opponents the public hearing was closed. 1 131 Eighteenth Street Addition #220 Mayor Kennedy opened the public hearing. 'There were no proponents. Norm Bjelland spoke against the proposed zoning of the addition. Clerk/Treasurer Halver reported he received letters from Mr. Bjelland and City Service, Inc., requesting Light Industrial Zoning instead of the proposed B-2 zoning. There being no other opponents the public hearing was closed. Eighth Street Addition #221 Mayor Kennedy opened the public hearing. There were no proponents or opponents and the public hearing was closed. Grandview Addition #222 Mayor Kennedy opened the public hearing. There were no proponents. Elmer Absalonson spoke against the proposed R-3 zoning and said he was on record at the prior Planning Board Hearing as opposed. He requested light industrial zoning. There being no other opponents the public hearing was closed. Heritage Addition #223 Mayor Kennedy opened the public hearing. There were no proponents or opponents and the public hearing was closed. Indian Addition #224 Mayor Kennedy opened the public hearing. There were no proponents or opponents and the public hearing was closed. Meridian Tracts Addition #225 Mayor Kennedy opened the public hearing. There were no proponents. Clerk/Treasurer Halver reported a letter from Fred Wallner protesting R-3 zoning and requesting cam-kercial zoning as it is presently zoned in the county. Fred Wallner spoke against the annexation and the zoning. There being no other opponents the public hearing was closed. Northwest Tracts #234 Mayor Kennedy opened the public hearing. There were no proponents. Rudolph Stefanatz, C. P. Wisher and Bob Leduc spoke against annexation. John Wells objected to R-3 zoning. David Greer said the residents need to get together and initiate a change to the master plan. There being no other opponents the public hearing was closed. North Meridian Addition #227 Mayor Kennedy opened the public hearing. There were no proponents. Harley Gosney opposed the annexation. Melodi Gower opposed the annexation and the proposed zoning of RA-1. She presented a letter of opposition from her and her husband. They have a welding shop there now. There being no other opponents the public hearing was closed. Salish Court Addition #228 Mayor Kennedy opened the public hearing. 'There were no proponents. Ray K. Deming again stated the procedure did not conform to Statute 7-2-4732. There being no other opponents the public hearing was closed. Slivers Addition ##229 Mayor Kennedy opened the public hearing. There were no proponents or opponents and the public hearing was closed. iew Addition ##230 Mayor Kennedy opened the public hearing. There were no proponents. Judi Evenson said she didn't need to be in the city. There being no other opponents the public hearing was closed. Third Avenue Addition #231 Mayor Kennedy opened the public hearing. There were no proponents. Ardith Gendreau, 1437 4th Avenue East, favored the proposed zoning but opposed the annexation. She owns some of the existing street and asked if the city was going to purchase it. City Attorney Neier said no but we would maintain it. Arnold Bowker, 1427 4th Avenue East, said he owned the rest of the road, and said he didn't need city services and opposed annexation. Edythe Hill, 1428 4th Avenue East, opposed annexation as unaffordable to her. Jack D'Ottavio, 1602 Fifth Avenue East, opposed annexation. There being no other opponents the public hearing was closed. Two Mile Addition #232 Mayor Kennedy opened the public hearing. There were no proponents. Ada Felsti n, requested she be zoned commercial. Clerk/Treasurer Halver reported he has a letter from Marshall Murray, representing Gladys Millhouse, Herman and Ada Felsman requesting the annexation be zoned B1, neighborhood/ commercial. Herman FelaTan asked if the city was going to maintain the drainage ditch behind his house. There being no other opponents the public hearing was closed. Wyoming Addition #233 Mayor Kennedy opened the public hearing. There were no proponents. Roscoe Lewis requested the zoning remain as is. (B-3 general business) C. P. Wisher opposed annexation. There being no other opponents the public hearing was closed. Sumnan y Mayor Kennedy reported the Annexation Committee will consider the testimony from tonight-'s public hearings. ADDRESSING THE COUNCIL Dr. E. P. Higgins, 128 Charlotte Ave., requested the city repair the fire hydrant by his property which sits too low in the ground. MAYOR'S REPORTS: Mayor Kennedy reported Judge Willis is at school this week and Dale Gifford has been appointed to fill in. He invited all councilmembers to attend the Russell School presentation in Woodland Park at 10:00 am., May 24. ACF1UWLEDGRaVrS AMID APPOINTMENTS: Senior Citizens Housing Oxuittee Mayor Kennedy appointed Councilnembers Saverud and Hopkins to an ad hoc committee to work with a senior citizen housing group in any way they can. He will appoint someone from Ccummity Development and will serve himself. Health Board Member Oounciln- n Hopkins reported the Health Board went on record supporting the Director's efforts to impose a moratorium on new septic systems and 1 133 replacement septic systems in the Evergreen area. This will be pursued if something isn't done to get sewer system in the area. Evergreen Sewer Mayor Kennedy reported the Evergreen Sewer District has accepted our proposal as a starting point to negotiation of an agreement. C= REPORTS: OOMM MTY DE'VE.L+OPMENT/PUBLIC BUILDINGS T.I.F. Line Item Transfers: Councilman Saverud explained the transfers were necessary to fund remodeling projects in the police department and clerk's office. The ccnmi.ttee has been on record approving the projects but had never specifically budgeted them and they are now ready for funding. Saverud also explained the Commercial Rehab funding program has been very successful and the committee recanmends transferring $50,000 more into that line item to continue these programs. Saverud moved approval of transfers from the Redevelopment Budget lane item of $101,700 to the Public Buildings lane item and $50,000 to the Cmvercial Loan line item. Councilman Atkinson seconded. The motion carried unanimously. Call for Bids - Police Remodeling Councilman Saverud moved the Mayor and City Clerk/Treasurer be authorized to solicit bids for the remodeling City Hall, in particular the Police Department Area. Councilman Atkinson seconded and the motion carried. Parking Lot - Joint Project - Valley and First Federal Banks Councilman Saverud moved we authorize the Director of Public works to spend from the Tax Increment Landscaping Budget adequate funds to provide Decorative Street Lights and new metal light poles for the regular street lights in that area. The property owners will join the Decorative Light Maintenance District to participate in the maintenance costs of the Lighting District. Councilman Hafferman seconded. The council discussed the'location of the decorative lights. Saverud said the Directors of Con=ity Development and Public Works are going to develop a long range, overall plan for recommended future placement and installation of decorative lights. Councilman Nystul opposed the purchase of metal light poles for the regular street lights until an overall plan for the downtown lighting is developed. Saverud felt the specific location and type of lighting for the street lighting could be handled by the city staff. The motion carried with Nystul and Gunnerson opposed. Old Griffin Field Councilman Saverud reported at least two developers are showing interest in the Burlington Northern land and our property. The cour ittee has been considering an offer from a group interested in a one year option to purchase the Old Griffin Field property for $150,000.00. Saverud reported the committee concluded it was not in the city's best interest at this time to ccun-Lit for one year for this housing project. Councilmen Saverud moved the Mayor be authorized to return the $500.00 deposit check to the Senior Housing Association and indicate to them that we would like to work with them in finding another solution and another location for their project. Councilwoman Haffernen seconded and the motion carried. FINANCE/PERSONNEL & POLICY/INSURANCE July 3,- 1989 Council Meeting Councilman Atkinson moved the regular council, meeting scheduled for July 3, 1989 be rescheduled to July 5, 1989. Councilman Saverud seconded. Atkinson explained this action would allow people to take a four day holiday. The motion carried. Atkinson rescheduled the Finance Committee Meeting to 8:15 am., July 5, 1989. I3� Emergency Budget - City Judge Account Councilman Atkinson moved the City Attorney be authorized to prepare the proper documents to declare an emergency budget for the City Judge's Budget. Councilman Nystul seconded. Clerk/Treasurer Halver explained the Judge's budget will be exceeded because of higher than anticipated costs for trials and public defenders. The motion carried. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Ordinance #1134 - Airport Administrator - First Reading Councilman Furlong moved passage of first reading of Ordinance #1134, an ordinance designating the Parks Director as administrator of operations for the Kalispell City Airport, repealing Ordinance #1114, and authorizing the City Council of the City of Kalispell to establish by resolution a fee schedule for users of the Airport and declaring an effective date. Councilman Atkinson seconded. The motion carried unanimously upon roll call vote. PUBLIC SAFETY/PARKING/CMLING - no report PUBLIC WORKS/AIR QUALITY/AIRPORT Fifth Street East Councilman Hopkins reported the ceamuttee and other interested councilmembers and the property owners met on -site to review design considerations for reconstruction of the street. The ccrmittee recommended and Hopkins moved that Fifth Street East be reconstructed to a width of 44 feet, allowing a 5 foot Safety Easement on the North and South sides of Fifth Street East, and the City Attorney draft the proper Safety Easement Documents, the adjacent property owners will bear the responsibility for sidewalk installation. Councilwoman Hafferman seconded. (This project is for one block between Main Street and First Ave. East.) The council discussed the project at length. Councilman Hopkins stated the city would bear the cost of the curbs and gutters. Councilman Atkinson opposed the motion. His concern was the 5 feet would not solve the safety problem and didn't want to narrow the street. Councilrnan Furlong spoke against the motion. He opposed reducing the size of the street and giving the safety easement. He also asked for an effective physical barrier between the parking and the sidewalk. Councilman Hopkins moved an amendment to the motion to have some type of barricade or landscaping installed. Councilman Nystul seconded the amendment. The conmittee and staff will investigate and report back a reccurended solution. Councilman Gunnerson requested Decorative Street Lights be included in the project. Councilman Nystul said Street Lighting has not been addressed for this project, the area is conYnercial and is not well lit. Dt yor Kennedy asked DPW Hammer if all this work can be done by May 27 and Hammer didn't think so. The sidewalk work couldn't be done by then. The Motel Property Owner preferred the work not be done until this fall. That was not a problem for the owners of Executive Plaza. Nystul suggested the design be approved now with the work delayed until fall. The amendment carried with Councilman Atkinson opposed. The motion as amended carried by a show of hands with 4 in favor and 3 opposed. Curb & Sidcvalk Bids - General Public Councilman Hopkins moved the Public Works Department be authorized to advertise for bids for the General Public Curb_ and Sidewalk reconstruction activities. Councilman Saverud seconded. Councilman Nystul asked if people will be allowed to use their own contractor to rebuild and then have the cost financed by the city and put on their tax bill. He protested we are not in the banking business. 1 1 1 1 Ken Harmer says the laws allow them to finance it with the city if the city orders the reconstruction. Nystul didn't feel we had to finance projects we didn't order in. He asked the committee to investigate. The motion carried unanimously. Call for Bids; Fuel, Sidewalk & Curb, Truck Rental, Excavation, Pipe Bedding, crushed Base, Uncrushed Sub -Base, Hot bi x. Councilman Hopkins moved the Council authorize the Public Works Department to Advertise for bids for Fuel, Sidewalk & Curb, Truck Rental, Excavation, Pipe Bedding, Crushed Base, Uncrushed Sub -Base, Hot Mix for the sumer street reconstruction program. Councilman Gunnerson seconded. The council discussed bid specs in regard to whether they might exclude or favor same potential contractors. No specific action was taken. The motion carried unanimously. Call for Bids - Curbs & Otters for Southwest Kalispell Councilman. Hopkins moved the advertisement for bids for Curbs & Gutters for the Southwest Kalispell project. Councilman Atkinson seconded and the =tion carried with Councilwoman Hafferman opposed. SEWER. & WATER ordinance #1133- Requiring Public Sewer use by Residents - 2nd Reading Councilman Nystul moved adoption of second reading of Ordinance #1133, an ordinance requiring the use of Public Sewer by residents of the City of Kalispell, and providing an effective date. Councilman Hopkins seconded. Councilman Nystul opposed the ordinance because we have some areas of the city which would be subject to the ordinance that we don't want to hook up know. The council discussed whether the ordinance forked us to make people hook up or was being presented to get our EPA money for the Woodland Park area SID. Councilmen Atkinson and Furlong spoke against the ordinance. Councilman Gunnerson requested we test the area and require hook-ups only if the septic systems have failed. City Attorney Neier explained EPA requires us to have a sewer use ordinance applicable to all residents of the city. Councilman Saverud moved to table second reading to allow a full investigation to see if sane other alternative to solve the problem is available. Councilman Gunnerson seconded and the motion carried. Mayor Kennedy returned the ordinance to committee for further action. Assistant water/Sewer Superintendent Mayor Kennedy asked the com-nittee to recomTend a salary for the Assistant so he can proceed with hiring. ANNOUNCEMMrS Cenvdttee Meetings Public Works/Air Quality/Airport May 18, 1989, 8:00 am., Agenda Airport management. Absences Councilman Gunnerson reported he will be absent frran the June 5, 1989 council meeting to attend his daughter's graduation. ADJOURN The meeting was adjourned at 11:43 pm. ATTEST: Don Halver, C.M.C., Clerk/Treasurer ohm "Ed" Kennedy, Jr., Mayor