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11/19/90 City Council MinutesJ u 328 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.-00 P.M. MONDAY, NOVEMBER 19, 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 -November 5, 1990 Approve Claims per Payables Edit List Councilmember Granmo moved the consent agenda be approved. The motion was seconded and carried. PROCLAMATION Mayor Rauthe read a proclamation of Kalispell's support and appreciation due to the call to active duty of Kalispell's Army Reserve 651st Quartermaster Unit to serve our country in Saudi Arabia. He called on the citizens of City of Kalispell to express their gratitude to personnel and families of the 651st. PUBLIC HEARINGS ValleV Glass Zoning Change Request There were no proponents or opponents. The planning staff as well as the Planning Commission made the applicant aware that he will be responsible for extending the sewer main from Third Avenue East to the property and that a road right-of-way easement shall be extended from Third Avenue East to the subject property. An additional requirement will be the establishment of a vegetative buffer along the easterly portion of the property as required by the Kalispell Zoning Ordinance. ADDRESSING THE COUNCIL: Leonard Nash, 1125 Sunnyside Drive, addressed the increase in his property taxes on property he owns on Two Mile Drive, since being annexed into the city. Nash was advised to pay the taxes under protest and Williams will research further. ORDINANCES & RESOLUTIONS Ordinance 1163-Second_Reading-Salary Ordinance Councilmember Atkinson 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 and carried upon a roll call vote. Ordinance 11.64-Second Reading -Decay Ordinance Councilmember Larson 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 forth an effective date. The motion was seconded. With a roll call vote the motion carried. Ordinance 1165-First Reading_ -Amend Zoning Map Atkinson moved Ordinance 1165, an ordinance to amend Section 5.01, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1110), by zoning Lot 1, Walker Addition #96, (previously zoned Residential Apartment, RA--1) General Business, B-2, in accordance with the Kalispell City -County Master Plan, and to provide an effective date. The motion was seconded. Upon roll call vote the motion carried. .a 1 329 Resolution 3965-Encourage Flathead County to Implement Zonin Regulations Atkinson moved Resolution 3965, a resolution encouraging the Flathead Board of County Commissioners to implement zoning regulations on a county -wide basis. The motion was seconded. Councilmember Nystul moved to amend the motion after the second whereas, to add, "Whereas, continuing unguided growth will have a lasting ill effect on the quality of life in Flathead Valley". The motion was seconded. With a roll call vote, the amendment carried. The amended resolution carried unanimously upon roll call vote. Resolution 3966-Opposition to Granting Preliminary Subdivision Approval on Ashley Business Park Councilmember Kennedy moved Resolution 3966, a resolution in opposition to granting preliminary subdivision approval on Ashley Business Park. The motion was seconded. Rauthe read the entire resolution for clarification. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL: Kalispell Police Department Nystul referred to the recent incident of the person found near the hospital, and that it could have been passed off as an accidental death. Due to the exceptional training and investigative skills of Detective Young and the other officers, a crime was determined to have existed and the department has pursued the event to filing of charges in District Court. He felt it should be noted the good job is appreciated. Williams stated there is good work done everyday. West Utah Street Paving Nystul complimented the West Utah Street paving job. It was well done and he appreciated the efforts of our people. Holiday Work Session Schedule Rauthe announced there will be no work sessions on December 24 or 31st,, due to the holidays. A work session is scheduled for Thursday, January 3, 1991. Christmas Part Rauthe announced there will be an employee appreciation Christmas party on December 14, at the Eagles. He requested $500 be authorized from the managers budget to hire entertainment for that evening and to supplement the cost of the buffet. Larson moved the authorization of $500 from the managers budget toward an appreciation party for the city employees on December 14. The motion was seconded. Councilperson Buck questioned the legality of funding a party at taxpayers expense. Williams pointed out the project was legal as long as the appropriations are made. He encouraged support and said the city does not do a lot outside the regular policies for employees. He said he would hope to see this type of program grow into a larger event for the city`s employees. It is gQ4 ng_."to be financed by selling tickets. The tickets without ,the subsidy for entertainment cost is anticipated to be about $71.50 per individual. 330 He felt it is a reasonable means by which to recognize contributions that our people have made throughout the year. Kennedy spoke in favor of this party. She said this has been a year of a lot of change for all of the city employees and that it would go a long way for morale boosting, showing them that we all appreciate them. The motion carried with Buck voting against. FVCC Old Buildings Rauthe referred to the request from FVCC concerning items the college would like to take from the old campus buildings. After discussion, it was agreed to request a list from FVCC and with the city's approval, the items may be removed. Nystul moved the manager and city attorney be authorized to draft a letter to the FVCC Board of Trustees stating the city's position as endorsed by the City Council. The motion was seconded. The motion carried unanimously. Rauthe requested the letter be hand delivered at the earliest possible convenience. BUSINESS FROM MANAGER: Morris &_Maierle-Fina_1PaVment-6th Street Design This past summer the city entered into an agreement with Morris & Maierle Engineering to design the reconstruction of a portion of 6th Street in the amount of $13,310 for basic services. The city received a final billing from Morris & Maierle for $23,301.98. The difference of $9,991.98 relating to expenses for reimbursables, professional services for soils testing, and work involving bid development alternatives. After reviewing the situation with staff it appears that reimbursable expenses and professional services for soils testing is within the scope of the contract, although it was thought these costs were covered in the scope of basic service. It has since been discovered that the signed contract required these costs to be in addition to basic service. The third item billed for preparing bid alternative is not within the scope of the contract nor was it ever agreed to as a charge by staff or council. Williams recommended that council authorize the payment of $6,64,1.98 to Morris & Maierle and also allow the budget for this expense to increase as well. Item three is not a qualified expense and therefore should not be paid. This expense if approved will come from the Tax Increment Program budget. Buck moved the manager be authorized to pay Morris & Maierle the amount of $6,641.98. The motion was seconded. The motion carried. Ken Williams, Architect -Final Payment Williams explained Architect Ken Williams has submitted his final request for services rendered regarding design work for the connection of the Public Works Building to the City Hall Building including designing additional office space. The amount of the final bill is $875.37 and he recommended that council authorize the payment to come from the Tax Increment Program budget. Granmo moved the manager be authorized to pay Ken Williams $875.37 from the Tax Increment budget. With a vote the motion carried. fj 0 1 331 Authority to Seek Bids for Wastewater Treatment Plant Dennis Carver Engineering has now completed the design of the Wastewater Treatment Plant and is requesting authorization to proceed to bid. Williams recommends council authorize the city to seek bids for construction of the new plant with a bid opening for January 9, 1991. Kennedy so moved. The motion was seconded and carried unanimously. Bank Investments Bids -Award Bids The city received bids November 16, 1990 for the city's cash investments. The most responsive bid and Williams recommendation is to award the investments to Valley Bank. It is a 6.89% fixed rate on $1,000,000 with the balance at .39 basis points below the federal fund rate. Atkinson moved the cash investment bid be awarded to Valley Bank. The motion was seconded and carried with vote. Subordination Agreements City Attorney Neier explained Susan Moyer from Community Development Department brought him a document offered by a local banking institution, a subordination agreement. The City of Kalispell assisted a homeowner with a rehabilitation loan and in return for that loan has a lien on the property extending over five years in the amount of approximately $21,000. The property owner desires to borrow money from a bank to do some improvements to the house. The bank has requested the city execute a subordination agreement wherein the city's five year lien position on this property would become a second mortgage or a second place behind the bank's interest in the loan. The bank gave the Community Development Department an agreement to sign and the city attorney did not think it was appropriate. He rewrote the agreement to have the proper signatures and change some of the language and returned it to Susan Moyer. After talking with the city manager, he feels it is appropriate the city enter into these subordination agreements. The city has done it in the past. He thought it was appropriate the council and mayor should be informed when we want to subordinate those agreements and the council by motion authorize the city manager to sign a subordination agreement. Williams stated he would like council approval as this needs to be addressed. He suggested this could be under the consent agenda. He said he would like some kind of formal recognition that authorizes him to put his name on the agreement. Larson moved the city manager be authorized to sign this individual subordination agreement and in the future each one brought to the council. The motion was seconded and carried upon vote. Door to Door Sales Williams referred to the last work session of the discussion of door to.door sales. He reviewed the city codes and found that two provisions of the code apply. It appears that the two provisions of the code are some what of contradiction, in that one allows door to door sales if the vendor is licensed under the code, while the other only allows the vendor to peddle door to door only at the invitation of the home owner occupant. The conflicting provision of the code should be amended to conform to council's present position regarding door to door sales. Wastewater Treatment Plant Guardrails Williams talked of the discussion at the last work session of whether or not the Board of Appeals had authority to waive provisions of. the Uniform.- Building Code concerning the handrails included in the design of the wastewater treatment facility. 332 Building official Kerzman researched and found the Board of Appeals does not have the authority to waive any of the provisions of the Uniform Building Code and he recommends the guardrails comply with the Uniform Building Code. STAFF REPORTS: There were none. ADJOURN: The meeting was adjourned at 8:25 p.m. Dougl s D. Rauthe, Mayor ATTEST: Amy H./Robertson, Clerk -Treasurer Debbie Liverman, Clerk of Council Approved as presented December 3, 1990 1 1