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11/05/90 City Council Minutes3`24 324 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 5, 1990, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes October 15, 1990 Approve Claims Treasurer's Report September 1990 Councilperson Buck moved the consent agenda be approved. The motion was seconded. Councilmember Nystul requested on Page 322, last section under Audit Proposal, a comment made that the state would agree to accept the maximum or stick with their bid except if there is a material problem that is discovered during the audit, then all of them would come back and negotiate a different price, should be in the minutes. He said for clarification in the last paragraph, to insert after the word "savings", the words "with a CPA firm." The motion carried upon vote. The corrections have been made to the October 15, 1990 minutes. ACKNOWLEDGEMENTS & APPOINTMENTS Board of Adjustments Mayor Rauthe announced the appointment of Susan Long to the Board of Adjustments Committee for a three year term. Atkinson moved acceptance of the appointment. The motion was seconded and carried unanimously. Deputy Clerk Treasurer City Manager Williams announced Susan Gendler has been hired as Deputy City Treasurer. Community Development Director Williams introduced Steve Cervantes, the new Community Development Director. Williams welcomed the new employees. ADDRESSING THE COUNCIL: No one addressed the council. ORDINANCES & RESOLUTIONS Ordinance 1163-FirstReading_Salary Ordinance Councilmember Larson moved Ordinance 1163, an ordinance amending Ordinance No. 1162, 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, 1990; repealing all other ordinances in conflict therewith. The motion was seconded. This ordinance adds to the regular salary ordinance the position of Deputy City Treasurer. The motion carried with a roll call vote. J 325 Ordinance 1164-First Reading -Decay Ordinance Councilmember Nystul moved Ordinance 1164, an ordinance defining community decay, prohibiting and regulating conditions which contribute to community decay, providing for shielding and abatement, prescribing a penalty, and setting therefore an effective date. The motion was seconded. Upon roll call vote the motion carried unanimously. Resolution 3962-EPA Grant Application Councilmember' Buck moved Resolution 3962, a resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a grant under the Water Pollution Control Act (33 U.S.C. 466 ET SEQ). The motion was seconded. With a roll call vote the motion carried. Resolution 3963-Intent to Sell -Buffalo Head -Lot 11 Larson moved Resolution 3963, a resolution of intention to sell certain property owned by the City of Kalispell. WHEREAS, the City of Kalispell acquired from Stan W. Pine, and now owns, certain real property, described as Lot 11, Buffalo Head Addition No. 92. The motion was seconded. The motion carried upon roll call vote. Resolution 3964-Intent to Sell -Buffalo Head Lots Councilmember Kennedy moved Resolution 3964, a resolution of intention to sell certain property owned by the City of Kalispell. WHEREAS, the City of Kalispell, a municipal corporation, acquired certain real property from Flathead County pursuant to Title 15, Chapters 17 and 18, Montana Code Annotated, and Title 7, Chapter 8, Part 23, Montana Code Annotated, and WHEREAS, as a result of said acquisition the City owns Lots 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 18, 19, 20, and 21; Buffalo Head Addition No. 92, Kalispell, Flathead County, Montana. The motion was seconded. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL: None BUSINESS FROM MANAGER: Ashley Creek Floodplain Consultant Selection Williams reported proposals were received recently for the Ashley Creek'Floodplain Consultant. Three firms were considered and the contract was awarded to Billmayer Engineering for $12,200. The budget for this specific piece of work is $13,000 from Community Development. He recommended the council support the recommendation from the staff and authorize the city manager to enter into the contract for services with Billmayer Engineering. Atkinson moved to approve the contract and authorize the manager to sign. The motion was seconded and carried upon vote. Final Plat of Shepard`s_Tracts_ Williams explained this application is a 2-lot residential subdivision near the intersection of Bth Street West and 8th Avenue West. Preliminary plat approval for this subdivision was granted in accordance to Resolution 3957. There is a letter from David Greer explaining the conditions and status as to compliance. It is recommended by FRDO that council approve the final plat and Williams concurred in that recommendation. Granmo moved the approval of the final plat of Shepard's Tracts. The motion was seconded and carried with vote. 326 Patrol Car Bids Williams reported bids were opened on October 31, 1990 in the Council Chambers. There were two bidders, Don K Chevrolet of Whitefish with a bid of $35,074.80 and Roy Stanley of Kalispell bid $27,977.00. Stanley is the low bidder and met the specifications. The automobiles bid are located in Boise, Idaho and will require being picked up in Boise. The cost associated with the trip down for two police officers will be $389.00, not including the salary of the two who have agreed to accept comp time for the trip. He recommended the council authorize the city to enter into a contract with Stanley for the two vehicles and authorize the trip for two officers to pick them up. Buck moved the city be authorized to enter into contract with Stanley for the two vehicles and authorize the trip for the officers to pick the vehicles up. The motion was seconded and carried with vote. Columbia Baptist Conference Agreement The City in May of 1979, created Special Improvement District 328, for the purpose of financing the water, sewer, and street improvements for the subdivision. Lot 25 of the subdivision was included in the district but received no benefit from the improvements. Columbia Baptist Conference own Lot 25, which because of its size has borne a significant burden in paying levies and assessments placed upon it by SID 328. The assessments against this lot are now delinquent and have been for some time. In the interest of resolving the conflict, the church has offered the city $18,125 in exchange for complete abatement of any and all assessments on Lot 25 associated with SID 328. Also as part of the offer, Stan Pine, the developer of the subdivision, has agreed to deed Lot 11 to the city which has an appraised value of $37,500. Lot 11 has over $4,000 in back property taxes against it, which will have to be paid by the city. The balance remaining after payments of the $18,125, will be approximately $48,000, which would be spread over the remaining city owned lots. Williams recommended the council authorize the execution of the contract. Larson moved the city manager be authorized to enter into agreement with Glacier Baptist Church and Stan Pine. The motion was seconded. Nystu,l stated the city, as a participant, is as guilty as anyone of the errors and inequities that have developed. Upon vote the motion carried. Williams suggested in the future, policies be reviewed that are associated with getting involved in this kind of assistance program without requiring some sort of equity on the part of the investor and the developer, other than the property as collateral. FAST/Rails to Trails Williams reported Parks Director Baker has agreed to help facilitate some of the activities of the FAST/Rails to Trails group. STAFF REPORTS Chief Clark Chief Clark invited everyone to attend an upcoming event "An Evening with Michael Pritchard". Pritchard will be speaking at Flathead High School on Wednesday, November 7, 1990, 7:30-9:30 p.m. Pritchard speaks frankly about parenting and adolescent issues. 1 327 Parks Director Baker Baker reported Shelley Tesner from B-98 is working on the Chamber of Commerce Banner campaign. He passed around a picture with the design of the proposed banners. The financial obligations are being met by soliciting donations from the private sector. This has been approved by the Hockaday, the Chamber committee, and Architectural Review committee. FVCC Williams reported there have been concerns about the college meeting certain standards that were prescribed by either code or by provisions of the Board of Adjustments. There was a meeting today with the college and was very productive and most of the issues were resolved. There are some items that will require future council consideration. In the near future, there will possibly be a proposal from the college regarding their additional parking needs. Council Workshop Rauthe announced the next workshop will be held on the regular scheduled date, even though it is a city holiday. ADJOURN- The meeting was adjourned at 7:50 P.M. ATTEST: Amy H.--"Robertson, Clerk -Treasurer Debbie Liverman, Clerk of Council Approved as presented November 1.9,1990 1 �• •%S D. Rauthe, Mayor