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08/07/89 City Council Minutes15. 155 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. N%)MAY AUGUST 7■ 1989 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KE=Y- WAS ABSENT, COUNCIL PRESIDENT SAVERUD PRESIDED. ODUNCIUM0,8ER GU SERSON WAS ABSENT, ALL OTHER COUNCILYfflEERS WERE FRESENI`. Council President Saverud called the meeting to order and led the Pledge of Allegiance. CONSENP AGEMA Approve Minutes Regular Council Meeting of July 17, 1989 Special Council Meeting of July 25, 1989 Approve Claims Councilman Atkinson moved the consent agenda be approved as presented. Councilman Schindler seconded and the motion carried. BID OPENING - police Department Remodeling Clerk/Treasurer Halver reported we have received no bids and, at the Architect's request, the bid opening has been rescheduled and readvertised for September 5, 1989. ADDRESSING THE COUNCIL Former Councilman Louis Ruiz, Jr., 406 Ashley Court, Kalispell, addressed the Council regarding the Council declaring a Primary Election was not necessary. Ruiz contended the voters of Kalispell were being disenfranchised. Ruiz claimed this also interfered with the opportunities of -write-in candidates. He asked the Council to rescind the resolution and hold the primary. Presiding Officer Saverud said the Policy and Personnel CUmdttee would review the issue. Councilman Hopkins said he wanted to state for the record that he had objected to the vote to cancel the primary and voted against it. PUBLIC HEARING - Fiscal Year 1989--90 Budgets No one appeared at the Public Hearings on the Budgets. MAYOR'S REPORTS: Final Payment Approval - Woodland Park Area Sewer Project Councilman - Nystul reported, in the Mayor's absence, that we have signed the papers so we can receive the final grant payment on the Project. A AEU APPOINIiv=S : Confirmation of Fire Marshal Presiding Officer Saverud reported Fire Chief Waggener has requested confirmation of Dave Mayhew to the position of Fire Marshal for -the City of Kalispell, effective July 5, 1989. Councilman Schindler so moved, Councilman Nystul seconded and the motion carried unanimously. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS - No Report FINANCE/PERSONNEL & POLICY/INSURANCE Ordinance #1135 - Second Reading Councilman Atkinson moved passage of second reading of Ordinance #1135, an ordinance amending Ordinance No. 1132, fixing the limits of the salary and ccnVensation of the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning July 1, 1989, repealing all other ordinances in conflict therewith. Councilman Nystul seconded and the motion carried unanimously upon roll call vote. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Variance Request- Trinity Lutheran Church Councilman Furlong moved the City Council grant an additional height variance of eight (8) feet to Trinity Lutheran Church to allow them to erect a lighted eight (8) foot tall cross on top of the new building. Councilman Nystul seconded. Councilman Furlong asked for public discussion of this request and called first for proponents. Dr. Bruce Johnsen spoke in favor of the request on behalf of Trinity Lutheran Church. He explained the Board of Adjustment had granted a 10 foot variance for the church building but denied a variance for an additional 8 feet for the cross. G 156 He said the church feels it is a hardship to not allow the church to erect this symbol of its beliefs on top of the building. Dick LaSalle, vice-cbainnan of the church building committee, explained the lighting proposed and said it wouldn't be a problem to the neighbors. Dr. M.E.K. Johnson, Board of Adjustments member, explained the Board's majority position; they can't amend the rules and voted that there wasn't a hardship requiring a variance. Eloise Hill, 467 6th Ave. W.N., a member of the Board of Adjustment, spoke against the request as a neighbor of the project. She didn't think the lighted cross that high was appropriate in a R-3 neighborhood and said there other ways available to display a cross. Furlong ended public discussion and asked for council discussion. City Attorney Neier said the motion requires approval by 3/4 of the councilme tubers present and voting. Councilman Hopkins asked the City Attorney if approving the variance would be setting a precedence. Neier said a variance can be allowed if a hardship is demonstrated. Granting this variance might make it hard to turn down a similar request in the future. Councilman Schindler spoke against granting the variance. Council -an Nystul supported the motion. Councilman Furlong spoke in support of the variance. Councilman Atkinson spoke in favor of the variance and requested the support of the rest of the council. Councilman Hopkins suggested no action be taken until the revised zoning rules are considered. Councilman Saverud said he is employed working with Lutherans but not with the Trinity Lutheran membership and is not a member of that congregation. Councilman Furlong stated he is a member of Trinity Lutheran and has been assured there is no conflict by his voting. The motion carried upon roll call vote with Counciln- n Schindler voting no, Councilmembers Hopkins, Hafferman, Saverud, Atkinson, Nystul and Furlong voting yes and Councilman Gunnerson absent. Resolution 3891 - Intent to Expand Downtown Redevelopment Project Councilman Furlong moved Resolution #3891, a resolution of intention to revise the Downtown Redevelopment Plan by expanding the jurisdiction area of the Urban Renewal Plan for the Downtown Redevelopment Project. Councilman Hopkins seconded and the motion carried upon roll call vote. Westside Historical District Councilman Furlong moved the Council support the Westside Historical District. Councilman Atkinson seconded. Carleen Kohrs, spokesman for the proposed district, addressed the council and explained the request. The motion carried. PUBLIC SAFETY/PARKING/GAMBLING -- No Report PUBLIC WORKS/AIR QUALITY/AIRPORT Sixth Street'West Engineering Contract Councilman. Hopkins moved the Mayor be authorized to sign the Engineering Contract for the design of the reconstruction of Sixth Street West by the Firm of Morrison Maierle, Inc. Councilman Nystul seconded. Hopkins reported the design is expected to cost $ 13,320. It has not yet been decided if the work will be done this year. The committee will find out why there have been +I�\oi � 1 V 157 delays in getting started. The motion carried. WATER & SEWER Wastewater Treatment Plant Design Criteria Councilman Nystul reported on the design progress for the new plant. Nystul moved the Council concur with the planning proposal to explore the potential for composting at the Flathead County Landfill site and this be an alternative to sludge injection. Councilman Atkinson seconded and the motion carried. Southwest Kalispell Project Curbing Councilman Nystul reported conventional curbing and curb cuts may cause future problems in this neighborhood. He moved the Council authorize the adoption of a modified curb design, as used in the Townhouse Project by Whitefish Stage Road, as the design for the remainder of the Southwest Kalispell Project. Councilman Hopkins seconded and the motion carried. Highway Department Agreement - Somers to Kalispell Project Councilman Nystul reported we have received a form frown the Department of Highways asking the city to agree to certain things regarding our responsibilities for this project. The request has been referred to Ccnrnittee and the City Attorney for clarification of some issues. The City Attorney will contact the Highway Department. Call for Bids - Storm Sewer Materials Councilman Nystul moved the Council authorize the call for bids for Storm Sewer Materials. Councilman Hopkins seconded and the motion carried. Meridian Road - Water Main Replacement Councilman Nystul moved the Water Utility be authorized to cce with Water Main construction on Meridian Road and the excavation be limited to the necessary width for the trench for the Water Main. Councilman Schindler seconded. Councilman Atkinson asked if all the other designs and decision have been made and will the rest of the work be done next year. Nystul said the design questions have been solved but he didn't know if the project will be finished next year. Councilman Hopkins was concerned about the drivability of the road this way and opposed the motion. Nystul said it would at least be no worse than the existing condition. Councilwcuen Hafferman didn't want the project started until all the questions are answered. The motion failed upon roll call vote with 4 no and 3 yes. MISCFT L A EDUS Move to Override Veto- Resolution #3887 Councilman Furlong reviewed the history of the resolution and moved to override the Veto of Resolution #3887, done by Mayor Kennedy on July 17, 1989. Councilman Atkinson seconded. Councilman Furlong spoke in support of his motion and the purpose of the resolution. Councilman Schindler spoke against the motion. Councilman Atkinson supported the motion. Councilman Nystul spoke in favor of the motion. Councilman Hopkins also supported the motion. Councilman Furlong requested a roll call vote. City Attorney reported the motion requires 2/3 vote of the total council membership. The motion failed with 5 yes, 2 no and one absent. 4 � AMDUNCEMENTS Absences Councilman Nystul will be out of state August 20 to September 1 and September 4 to September 22, Councilman Saverud will be out of state for a few days beginning August 11. Conmittee Meetings Cbuncilman Atkinson rer nded the members of the budget workshop immediately following this meeting. Councilman Saverud called for a Ctm mity Development Ctumittee meeting Thursday August 10, at the Lighterside at 7:45 am., to discuss the O'Neil Parking Lot Construction. Councilman Hopkins reported a Public Works Cittee meeting to review the proposed Air Quality Ordinance, Wednesday, August 23, at 8:00 am. All councilmenbers are urged to attend. Councilman Atkinson called for another budget workshop Thursday, August 10, at 7:00 pm. ADJOURN The meeting was adjourned at 10:03 pm. ATTEST: Don Halver, C.M.C., Clerk/'treasurer Approved as presented August 21, 1989 1 1