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11/20/89 City Council Minutes186 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, MVIIMBER 20, 1989, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR ` KEN off PRESIDED. ALL COUNCILMaMERS WERE PRESFVr. Mayor Kennedy called the. meeting: to order and: led :.the -Pledge of ° Allegiance. ; CONSENT AGENDA Approve Minutes Regular Meeting November 6, 1989 Approve Claims r City Official Reports (October) - .. Treasurer's Report It Police Chief " City Judge � Building Official _ Councilman Saverud moved to approve the consent agenda. Councilman Nystul seconded and the motion carried. PUBLIC HFARINGS: _ Amend First Alley West Fund Budget Councilman Saverud explained the First Alley West Project was from the last construction season and had a budget of $96,405.00. The actual cost was $102,255.00, which resulted in a $5,850.00.shortfall,.; This'.:public hearing ,is to address that shortfall'in`-order to approve that budget correction. There were no proponents or opponents. ADDRESSING THE COUNCIL -No one addressed the council. MAYOR'S REPORTS: Mayor Kennedy congratulated Mayor -elect Roger Hopkins and -all new Councilmembers who were elected in the recent election. He said he looked forward to great things for the City of Kalispell under the new leadership. ANNOUNCEMEWS AND .APPOIN !'S : Appoint Barbara. Moses to Ward 2 to Fill Clare Hafferman Vacancy Councilman Saverud was very pleased to move the Council seat Barbara Moses to fill the unexpired term of Clare Hafferman. Councilman Atkinson seconded and the motion carried. Mayor Kennedy swore in Barbara Moses,who was applauded, then took her seat. _ Appoint CitX Accountant Robertson to Acting Clerk -Treasurer Mayor Kennedy stated he felt it necessary to have an acting Clerk -Treasurer with the recent resignation of Doi Halver. He recommended to the Council that City Accountant Any Robertson be appointed as acting Clerk -Treasurer, until the situation is reviewed or position arrangement is made. Councilman Hopkins so moved. Counciinari Nystul seconded the and motion carried. COME+IITI'EE REPORTS: OOMMUNITY DEVELOPMENTl'/PUBLIC BUILDINGS Second Reading -ordinance #1140 Amend Downtown Redevelopment Plan Councilman Saverud moved on Second Reading Ordinance # 1140, an ordinance amending the Downtown Redevelopment Plan for the City of Kalispell by Expanding the Jurisdictional Area of the Urban Renewal Plan and making changes in the text of the Urban Renewal Plan to address additional projects in the Kalispell Downtown Redevelopment Plan. Councilman Hopkins seconded. Councilman Saverud stated he wanted to say again for the people in the neighborhood of the High School, that this is essentially a planning tool right now. It does involve approximately 10 blocks in the area of Flathead High School. There is no particular plan at this time. The reason considering the expansion is due to the parking and traffic problem in this area and also other structure and possible public work needs that can be addressed as they are identified. He stated that before anything will be done, it will require and receive much public input and discussion. The motion passed upon roll call vote with Councilman Schindler voting against. Resolution #391 -Budget Transfer, Police Department RaTodeling Councilman Saverud moved Resolution #3919, a Resolution approving amending the budget for the 1st Alley West Fund to properly account for funds available in the fund which can be expended in the fiscal 1989 budget. Councilman Atkinson seconded. 11 1 Councilman Saverud stated this is to correctly account for the expenditures in the budget. The resolution passed unanimously upon roll call vote. Gallagher Park Councilman Saverud thanked the Mayor, Councilmeribers, Department Heads and Offiers of the City for the fine tribute given last Tuesday at the dedication of Gallagher Park. He said we are very proud of City Official Gallagher and the way our City recognized one of our own. Mayor Kennedy thanked Councilman. Saverud for his participation and said it was a very good ceremony. FnNA=/PERSONNEL & POLICY/INSURANC.E Resolution #3920 Set Special Primary Councilman Atkinson moved Resolution #3920 , a resolution setting a special.primary and general election for the purpose of electing the Council Chairman (Mayor) and eight (8) Council persons to serve under the Council -Manager Form of Government. Councilman Saverud seconded. Councilman Atkinson stated the primary election will be June 5, 1990 and the general election will be August 1, 1990. The new Mayor and Council will take office October 1, 1990. Councilman Nystul stated that this is going to be all non -partisan from this day forward. The primary will only be necessary if more than two people file in more than half of the positions The primary will only be necessary if there are more than two people file in more than half of the positions. Mayor Kennedy asked why we are not doing the special election in November with the general election. He said he was concerned with the extra expense. Councilman Hopkins stated upon discussion with Diane Murer about the election process, the cost of holding the election at the time of the regularly scheduled general election, would actually cost the city more, by $200-300. There should be fewer polling places and election judges required if the City holds a special election than if the City share those polling places and judges with the county at the regularly scheduled general election. Upon roll call vote the resolution passed unanimously. Ordinance ##1141-First Reading, Police Department Pay Fates Councilman Atkinson moved Ordinance #1141, an ordinance amending ordinance No. # 1136 fining the limits of the salary and compensation 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. Upon roll call vote the ordinance passed unanimously. Ordinance # 1142--First Reading, Uniform Building, Mechanical, etc. Code Councilman Atkinson moved Ordinance # 1142, an ordinance to adopt, by reference, the "Uniform Building Code", 1988 Edition, the "Uniform Plumbing Code", 1988 Edition, the "Uniform Fire Code", 1988 Edition, the "Council of American Building Official, One and Two Family Dwelling Code", 1986 Edition, with 1987 and 1988 amendments; the "uniform Code for Abatement of Dangerous Buildings", 1988 Edition; the "Uniform Housing Code", 1988 Edition; and the "Model Energy Code", 1984 Edition; as the Building Codes of the City of Kalispell, and applicable to the jurisdictional area thereof; as adopted and approved by the Building Codes Division, Department of Administration, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. Councilman Nystul seconded the motion and the Ordinance passed unanimously upon roll call vote. City Investments Councilman. Atkinson ,upon recommendation from the Finance Committee, moved to set the rate of the sidewalk and curb warrants at 10.5%,to be sold to the Sewer Bond Reserve account. Councilman Nystul seconded and the notion carried. City Short Term Investments Councilman Atkinson reported valley Bank received the bid for the City's Short Term Investments. He so moved, Councilman Schindler seconded and the motion carried. PARKS, PUBLIC LAMS/ANNEXATION/ZONING/BUILDING REGULATION -No Report PUBLIC SAFETY/PARKING/GAMBLING Patrol Car Bids Councilman Schindler reported there were two bids for the Patrol car. He moved the bid be awarded to Roy Stanley. Councilman Gunnerson seconded and the motion carried. AKIDO Training Report Councilman Schindler reported Chief Clark has located an instructor to teach the officers AKIDO, which is a form of defensive training. He will come to the station and teach the officers at no charge with his own students present. His own students will sign a waiver for insurance purposes. Crime Report Councilman Schindler reported the crime rate in Kalispell is down by 10.6%. PUBLIC WORKS/AIR QUALITY/AIRPORT-No Report SEWER & WATER Evergreen Annexation Issue Councilman Nystul stated the discussion would revolve around the question of whether or not a waiver of protest of annexation should be a requirement to extend sewer service to the Evergreen community. He said some time ago the Evergreen Water & Sewer District approached the City asking to extend service from the Kalispell Wastewater Treatment Plant to Evergreen. Today the Council received a map of the boundaries of this plan. He said the Plant's capacity is about 3 million gallons per day and currently running 1.2-1.8. If there is a difference in rate that is extended to the District, such rate would go through the hearing process and public notice process and would be adopted according to state law. There is a grant of $6 million to remove phosphorous. This plant expansion is under an old EPA grant, which allows us to build under the 3 million gallon per day level, so we have excess capacity. He stated an argument for an extra 1200 users, is 1200 additional users to help pay for the cost of our portion of the grant. He also stated the City Attorney has pointed out it is a permissive requirement, because it says the City "may", not that we have to, so should not bind us on any further _ projects. He said the possibility of annexation in the future should be considered. He said at the last committee meeting, a;2?2 . vote,. occurred and they.,.have .., have no recommendation. The motion made in the committee was not to require the waiver of protest of annexation as a condition of continued discussions with the Evergreen Water & Sewer District. Tam Flynn, 747 3rd Ave. W., stated, as Councilmembers, you are called upon to make decisions that must represent the best interest of all residents to the City. He said Anderson of the Water Quality Bureau was present at the 11/13/89 meeting and asked what he had experienced in similar situations around the state. His reply was that annexation was a prerequisite in practically 100% of those he had dealt with. Tom asked if there was any reason Kalispell should be different? He said that the City has not asked Evergreen to allow immediate annexation but avoid tying the hands of future councils. He said the City must obtain these waivers of protest of annexation before proceeding. Jack Fallon, Evergreen Water District Chairman of the Board, explained a packet of information of which he had distributed to the council, which was not in favor of the waiver of protest. Howard Hamer, 717 2nd Ave. W., stated. the Council should take care of the people who elected them. Rosemary Malson, 137 Springcreek Dr., Evergreen, stated that Evergreen is not trying take away anything from the City, 'they will pay their fair share. She said she did not feel it was fair for the City of Kalispell to hold Evergreen hostage to get this sewer system going. Dick Wallen, Finley Point, Polson, said even though he is not a resident of.Kalispell,he is still very concerned with Kalispell's decision because it will effect everyone around Flathead Lake. Dennis Rasmussen, Greenwood Trailer Court, asked questions about the location and design. Jack Fallon explained of location and Councilman Nystul stated it was premature at this time concerning the design as there are two different plans and will be addressed in detail at a later time. Rasmussen also asked about the hookup fees. He as concerned about his trailer park, as to if each trailer would require hookup fee. 189 1 1 1 Councilman Nystul said the fee would he based on the size of the water line. Councilman Hopkins moved the waiver of protest of annexation remain a non negotiable item in further negotiations of the Evergreen Water District. Councilman Furlong seconded the motion. Councilman Gunnerson stated the rates should not be a negotiable item. The rates would go to a public hearing. Councilman Furlong asked if the rates would include the current 25% surcharge? Councilman Gunnerson stated if that is what the current tariff states, yes. Councilman Saverud spoke in favor of the motion after some discussion. Councilman Hopkins stated the motion should be amended to include the language of "consent to withdraw from a rural fire district". Councilman Hopkins so moved and Councilman Furlong seconded. Councilman Nystul spoke in opposition to the motion. He said the waiver may delay the correction of the water quality problem. Councilman Schindler spoke in opposition to the motion. Councilman Atkinson spoke in favor to the motion. Upon discussion and a roll call vote, the amended motion passed, with Councilmen Nystul, Gunnerson and Schindler voting against. There was more discussion. Court ilwcuan Moses stated that even though she is a new person on this council., that she has done alot of back ground work on this issue and all other issues tonight. She said she does not take this or any others lightly. Upon roll call vote, the motion carried, with Councilmen Nystul, Gunnerson and Schindler voting against. Committee Meeting Councilman Nystul said the committee would be meeting Tuesday, 11/21/89, 4:00 P.M. ARDUNCEN KNTS : Councilman Furlong reported there will be a Parks Meeting on Tuesday concerning a change in traffic lanes on South Main that may result in removal of some trees. Councilman Hopkins stated there will be a Public Works Ccml<nittee meeting Wednesday, 11/22/89 at 8:30 A.M. ADJOURN The meeting was adjourned at 9:25 P.M. ATTEST: Amy eetson, Acting City Clerk --Treasurer Debbie Liverman, Recording Secretary Approved as corrected December 4, 1989 Jo "Ed" K edy, Jr., Mayor by Roger W. Wpkins, Mayor