Loading...
04/16/90 City Council Minutes244 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY. APRIL 16, 1990. IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HOPKINS PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Hopkins called the meeting to order and led the Pledge of Allegiance. Mayor Hopkins acknowledged the passing of a friend, a good friend of the citizens of Kalispell. He said Edward J. Gallagher was the first and only Director of the Kalispell Community Development Department from 1979 until his retirement earlier this year. He conducted his personal life and life as a public servant in a manner that will inspire us for years to come. His accomplishments will live as long as Kalispell. His achievements and service to the City were beyond, not only the expectations but the dreams of those who thought such things could not be done. It was through his persistence and skills as a politician in the finest sense of the word, a professional and a gentleman, that Kalispell's future has been shaped in a way that brings pride to all who view his accomplishments. If it can ever be said of any one man. that he left this world a better place than when he arrived. it must be said of Ed Gallagher. He said our prayers are with him and his family. A moment of silence was observed for Ed Gallagher. CONSENT AGENDA Approve Minutes Regular Meeting March 19, 1990 Approve Claims City Official Reports (Second Meeting) Treasurer's Report (March) Police Chief " City Judge " Building Official " Fire Department 1st Quarter Report Councilman Nystul moved the consent agenda be approved. Granmo seconded and the motion carried. ADDRESSING THE COUNCIL Rick Hull. 436 5th Ave. W.. said he understood a home for the homeless was to go in behind his home and he asked there be a Board of Adjustments hearing on this matter. Allen Murphy, Flathead Industries, said property has been bought and a new apartment building is in the process. He said all the present apartments are full and causing problems. He invited anyone at anytime to come go through their store or other facilities. Murphy also stated he was not too happy with the crosswalks. He said they are not marked well and drivers are not paying attention to them. Mayor Hopkins stated this time of year they are in need of new paint and the program is under way. Lee Curtis. 660 2nd Ave. EN, asked how to get his alley paved, he said he has been trying for a month. He said he is a victim of asbestos and the dust in the alley bothers him alot. He said he is having a hard time recruiting his neighbors because he is unable to come up with a figure from the City. Mayor Hopkins stated the issue is on the agenda and will be addressed. MAYOR'S REPORTS: Appointment of -Fred Buck to fill Sandy Schindler Council Vacancy. Ward II Fred Buck took his oath from Mayor Hopkins, was congratulated and took his seat with the council. He was applauded. A.P.W.A. Conference Mayor Hopkins announced the American Public Works Association Spring Conference is going to be held this week at Cavanaughs. He said the conference was brought here by former Public Works Director Ken Hammer, who was the chairman of the conference. He said since his departure. the responsibilities have fallen on Public Works secretary Susan Steinberg and Todd Sampson. He said they have done a commendable job putting it all together. He stated it begins Tuesday and ends Thursday and everyone is welcome to attend. 1 1 1 =) 245 Earth Day Hopkins read an excerpt from his proclamation of Earth Day 1990. Whereas almost 20 years ago more than twenty million Americans joined together on Earth Day in a demonstration for the concern for the environment and a collective action resulted in the passage of new laws to protect our air, water and land. Whereas the Flathead Valley Earth Day Coalition has scheduled a week long series of public events from April 21-29 to commemorate the 20th anniversary of Earth Day including the big sweep throughout the Flathead on April 21st. Now therefore, be it resolved that the City of Kalispell designates and proclaims April 22, 1990. as Earth Day for 1990 for public activities promoting preservation of the global environment and launching the decade of the environment and April 21-29 as Earth Week in the Flathead. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS -No Report FINANCE/PERSONNEL & POLICY/INSURANCE Resolution 3928-To Set Date for Public Hearing to Adopt Sewer Rates Councilman Nystul moved adoption of Resolution 3928. a resolution setting a date of a public hearing on a proposal to adopt increases in the fees, schedules, rates. charges and classifications imposed on customers of the City of Kalispell utility users. Councilman Larson seconded the motion. Nystul explained the city is anticipating a cost of approximately eight million dollars on the Wastewater Treatment Plant additions. He said the City's share is approximately 1.8 million dollars and in order to fund that, the proposal is for a 20% increase in the revenues. He said with the proposal, it would be raised from $1.57 per thousand gallons to $1.88 per thousand gallons, effective July 1, 1990. He said as part of the rate process. notice must be given to the consumers of the utility and pass the resolution establishing a hearing date, which would be Monday. May 7, 1990. Upon roll call vote, the resolution passed. with Gunnerson voting against and Buck abstaining. First Reading Salary Ordinance 1147-Clerk's Salary Councilman Nystul moved Ordinance 1147, An Ordinance. amending Ordinance No. 1143. fixing 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 Larson seconded the motion. Upon roll call vote, the ordinance passed unanimously. Authorize Clerk to go out for Bids on Computer System Councilman Nystul stated the committee met and recommends the Clerk be authorized to advertise for bids on the computer system and the clerk has requested the bids be opened at a special meeting to be held at 5:00 p.m. on May 3. 1990. Nystul so moved and Larson seconded. Upon vote the motion carried. PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Heritage Utility Extension Agreement (1 Year Extension) Councilman Atkinson so moved the Heritage Utility Extension Agreement for 1 year. Moses seconded the motion. Atkinson reported Heritage Place is a nursing home that is going to built at the top of Buffalo Hill, north of Glacier View Hospital. He said the owners have requested annexation and an extension of utilities. Atkinson said he would abstain from the vote since he is part of that corporation. Upon vote the motion carried. Resolution 3929-Conditionally Approving Preliminary Plat: Duncan Addition Atkinson moved Resolution 3929, a resolution conditionally approving the preliminary plat of the amended subdivision of Lot 1, Block D, Duncan's Addition, located in SW1/4NW1/4 and NW1/4SW1/4. Section 8, Township 28 North. Range 21 West, P.M.M., Flathead County. Montana. After discussion, Moses seconded and upon roll call vote. carried unanimously. Resolution 3930-Conditionally Approving Preliminary Plat: Glacier Park Plaza Atkinson so moved Resolution 3930. a Resolution conditionally approving the preliminary plat of the amended subdivision of Glacier Park Plaza, located the E1/2SE1/4 of section 7 and SW1/4SW1/4 of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana." Moses seconded the motion. Mayor Hopkins read a request for a formal extension for an additional 30 days from the major developer, Tom Sands, from Sands Developing, due to some questions that have come up regarding easements. Councilman Furlong so moved the extension. Nystul seconded the motion. After some discussion, Furlong moved to table Resolution 3930 for not less than 30 days. Nystul seconded the motion and carried. PUBLIC SAFETY/PARKING/GAMBLING Recommendation that'Police Department be Allowed to Acquire Two Vehicles at no Cost to City Councilman Larson moved upon committee recommendation that the Police Department be allowed to acquire two vehicles at no acquisition cost to the City. Councilman Granmo seconded the motion. Larson reported one vehicle will be for the DARE Program, and will be on loan from a local dealer for one year. It will have the DARE logo painted on it with no cost to the City. The only cost would be to keep it insured and future maintenance costs. He said the second vehicle would be a K-9 vehicle, which is a used Montana Highway Patrol car funded by the Drug Fund. This vehicle also would be at no cost to the city with the exception of the insurance and future maintenance. After discussion, the motion carried. Sign East Oregon & Sixth Avenue E.N. With "No Through Truck Traffic" Signs Councilman Larson stated after numerous calls of complaint, by recommendation, he so moved that East Oregon & Sixth Avenue E.N. be signed with "No Through Truck Traffic" signs. Councilwoman Moses seconded the motion. There was discussion regarding preservation of the new reconstruction of Oregon Street and encouraging the large trucks to use the highways which were designed for them. Upon vote the motion carried, with Furlong voting against. Change Dog License Procedure Councilman Larson reported Animal Warden Hall has proposed to change the dog license procedure to become due a year from date of purchase rather than March 31 annually. He said it would be less cumbersome than the current prorating and the expirations dates would vary. Councilman Larson so moved the licenses be changed to become due one year from date of purchase. Councilman Nystul seconded and the motion carried. PUBLIC WORKS/AIR QUALITY/AIRPORT Award Curb & Sidewalk Bid, Meridian Road Councilwoman Moses reported the low bid was received from Marriott Concrete Inc. in the amount of $33.837.00. She so moved the bid be awarded to Marriott. Granmo seconded and the motion carried.. Authorize Curb & Sidewalk Bids, Year Ending 1990 Councilwoman Moses moved to authorize curb and sidewalk bids for the year ending 1990. Councilman Granmo seconded and the motion carried. Discuss Alley Paving Policy. 1990 Councilwoman Moses reported there is a draft for a alley paving policy that has not yet been addressed by the committee and would like to postpone this until the next meeting. After discussion, Gunnerson moved to refer this back to committee for recommendation. Councilman Atkinson seconded and the motion carried. Mayor Hopkins stated we are operating under the current policy and requests will be taken as they come in at the cost estimated by Street Superintendent Brady. 247 Proposed 1990 Public Works Projects Councilwoman Moses read the proposed main projects for overlays, extensive maintenance and minor patching. There was discussion as to the difference between maintenance and reconstruction. Banners Moses reported effective January 1, 1990, the use of banners was discontinued. Since then, research has been done concerning a permanent solution to hanging banners and has been determined that it is not illegal to hang banners across the highway. Interest has been expressed from local utility companies to occasionally hang the banners and from private contractors providing the installation. Moses moved to rescind the policy of banning banners. She said at a later time, the committee is expected to present a fee schedule and permit system if the City continues to permit banner hanging or an alternative agreement, a long term agreement with either a utility company or private contractor for assuming the responsibility. In the short term, TCI Cable, Northwestern Telephone and Pacific Power have agreed to work with the City to hang the banners. Councilman Atkinson seconded and the motion carried with Gunnerson voting against. Maintenance Agreement with State Mayor Hopkins reported the state has changed the material it has used for sanding Main St. and would lake to enter into a maintenance agreement with the City, for the City to sand U.S. Hwy 93 and U.S. Hwy 2 and would also flush and sweep the highways. He said the Air Quality Advisory Committee is pushing to get this through for a Board of Health meeting May 2, 1990. If this agreement is not signed by that date, then they will have to make other arrangements to help the City meet it's air quality standards. The cost of about $43,000 would be charged to the state per year for the services of sweeping, flushing and sanding Hwy 93 and Hwy 2. After discussion, Councilwoman Moses moved to accept in concept pending final preparation of the agreement. Councilman Nystul seconded and the motion carried. SEWER & WATER Evergreen Councilman Granmo stated that the Sewer & Water Committee met April 4, 1990 and discussion was placed on the requirement the City will place on annexation from the Evergreen District to enter into an interlocal agreement to process their sewage in our plant. He said the following was passed to present to the Council in the form of a motion. Granmo moved that prior to entering into an inter local cooperative agreement for the treatment of wastewater with the City of Kalispell, the Evergreen Water District must obtain from 51% of owners of property including lienholders and contract sellers and no less than 51% of the property, a consent to annex agreement and notice of withdrawal from a rural fire district, on parcels of land abutting U.S. Hwy 2 and Montana Hwy 35 from the city limits east to those highways intersections with East Cottonwood Dr. Councilman Nystul seconded the motion. Councilman Furlong moved to amend the motion to be on parcels of land abutting U.S. Hwy 2 and Montana Hwy 35 from the city limits to East Reserve on Hwy 2 and from the city limits to the west entrance of the bridge crossing the Flathead River on Hwy 35. Councilman Atkinson seconded the amended motion. Furlong said he felt the amendment represents the best interest of the taxpayers of Kalispell for future right of annexation. He said it preserves and protects the rights of the City to do so at some future time. Upon roll call vote the amended motion failed with Councilmen Furlong, Atkinson and Councilwoman Moses voting in favor. Upon roll call vote the original motion passed with Councilman Furlong, Atkinson and Councilwoman Moses voting against. Granmo stated that the preparation of the interlocal agreement would be appropriated to start the preparation of a draft and he asked the Mayor to direct the City Attorney to start preparation. 248 Councilman Granmo moved to approve the consent to annex agreement and notice to withdraw from a rural fire district that is attached to the minutes. Nystul seconded and the motion carried upon roll call vote with Furlong and Atkinson voting against. ANNOUNCEMENTS: Committee Meetings Special Council Meeting 5/3/90 5:00 P.M. -- Computer Bids Sewer & Water 4/19/90 7:00 A.M. Councilman Nystul announced he will be out of state from April 29 May 19. ADJOURN The meeting was adjourned at 10:10 P.M. -&t1JFrL---J Roge W. Ho ki s, Mayor ATTEST: ae'S'I�Z� - - Amy Robertson, City Clerk Treasurer Debbie Liverman, Recording Secretary Approved as presented May 21, 1990 L 1