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12/01/80 City Council Minutes.3 THE REGULAR MEETING OF THE CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, DECEMBER 1, 1980 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP WAS ON THANKSGIVING VACATION IN ARIZONA. COUNCIL PRESIDENT DALEY PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Saverud asked the minutes of November 17th be amended to read: Under annexation of the Birk Addition, Section 2, add "waiver of protest for S.I.D. on curbs, streets and storm sewer". Councilman Smith moved the minutes of November 17th be approved as corrected. Seconded by Councilman O'Boyle. Motion carried. ADDRESSING THE COUNCIL Susan Ford, representing The Montana Association of the Blind, addressed the Council with her concern for the rights of pedestrians. She stated that P.T.O., P.T.A., Senior Citizens and handicapped groups are also concerned. One problem is that every- one is urged to walk, either for health reasons or to -conserve energy and some of the sidewalks are in such poor condition they are hazardous to use and she named specific areas such as Fourth Avenue East and Ninth Street and the Courthouse area. Another concern is that some property owners do not shovel their sidewalks. Also, sometimes there are snow piles and children cannot see motorists and vice versa. Many areas do not have sidewalks. Mrs. Ford asked why there were not sidewalks built when Idaho Street was reconstructed this fall. Street crossings are painted for pedestrians, but cars drive right up across these areas, especially when making a right turn on a red light. She concluded by saying that they do not have all the answers, but if a new ordinance is needed, please do so and make it enforceable. She also added that they do appreciate the new sidewalks in the B&B area. Acting Mayor Daley told her that this request will be considered by Councilman 0' Boyle, Chairman of the Street $ Alley Committee. Councilman O'Boyle asked;Mrs. Ford to present the request to the Flathead County Safety Council, as this is more than just a City problem -- it is countywide. He told her he would advise her of the time and place of the next meeting. He agreed with her that motorists have no respect for pedestrians in lots of instances. He also explained that they could not build sidewalks along Idaho Street because there were some buildings right against the street. Tom Hurlock and City Attorney Donahue echoes Mrs. Ford's complaints. City Attorney Donahue stated he has written to the Highway Department requesting a sidewalk in the area he walks to work, but so far has had no action. As far as snow removal, if any one has a complaint filed against him, he will be brought into City court. Verna Hosford, representing Senior Citizens, stated that she and others have to walk for health reasons, and it is hard to walk in safety, especially if they have a vision problem. She stated she has fallen several times. Larry Lee, representing the Parking Commission, read a portion of Ordinance #965, the amended formula for S.I.D. #329. He asked that the Council have first reading of this ordinance and hold the ordinance on S.I.D. #330 in abeyance. Councilman Ruiz asked about the intent for City Hall property north of the water ,department building. Mr. Lee stated that he would be resigning from the Parking Commission because of his position as President of the Kalispell Chamber of Commerce, and would not be helping with the decision. ORDINANCE #965. Councilman Saverud moved first reading of Ordinance #965, an ordinance to adopt a formula to be used in determining the assessment of lots within Special Improvement District #329. Seconded by Councilman Zauner. Councilman Smith asked if there would be a public hearing before the second reading. City Attorney Donahue replied that this is just like, any other ordinance and will not have a public hearing., Resolution # 3315, however, will start S.I.D. #329 all over, notices to property owners, publication, etc. Attorney Dan Johns asked when assessment will start if passed. He was told it would be when the -assessment is made, like any other regular S.I.D., possibly in November, 1981, - Jerry O'Neil stated his concern about the new formula assessing empty lots and un- heated floor space. Before, the formula was considering use, now it is area. He drew up a formula and would have liked to see it used rather than this one. _fi136 Councilman Grainger stated that some people are asking if we are doing this to save downtown. Some going businesses do not want it, while the floundering ones are willing. It means that going businesses with their own parking are going to pay. Larry Lee and Ed Gallagher both stated that you have to have parking first and re- investment follows. You also need parking to entice new business. The question was asked if maintenance and operation of the parking lots was in- cluded in the S.I.D. Larry Lee stated that it was not. So far the money will be used to pay for the parking lots already purchased in the amount of $275,000.00 with the possibility of purchase of the lots by Haar Brothers for $130,000.00 and the KM parking lot for $110,000.00. Question called. Roll call vote. Councilman Ruiz voted no. All others voted aye. First reading passed. Councilman Saverud moved that the ordinance adopting S.I.D. #330 be held in abeyance. Seconded by Councilman 0' Boyle. Roll call vote. All voted aye. Jerry O'Neil asked if the Ordinance on S.I.D. #329 could not be held in abeyance also. Mr. Lee replied that it would only be held until public hearing. RESOLUTION #3315 Councilman Saverud moved that Resolution #3315, a resolution to amend Resolution #3309 to amend the proposed boundaries of S.I.D. #329 and to provide for further notice and hearing on Resolution #3309, as so amended. Seconded by Councilman Zauner. The amendment consisted of redefining BNRR right-of-way to middle of the main track, exclude three residential lots and city park, and add Lots 22, 23 and 24 of Block 85 belonging to Mr. 'Ed Trippet. Attorney Dan Johns said if a portion of the S.I.D. money could be used to buy part of Hines property for parking, he would be in favor;, otherwise, he is not. Jerry O'Neil proposed that his block, consisting of O'Neil Lumber, Pacific Power $ Light, Montana Power and Bob Meier Oldsmobile be deleted from the area because they have all the parking they need. Joan Young, representing Young's Auto Body Shop, said she would like to see a map of the established boundary so owners would know before it is voted in. Council- man Grainger agreed. Mr. Lee stated that the boundaries have not been changed for a year until now. Question called. Roll call vote. All voted aye. Acting Mayor Daley stated that he has received the resignation of Larry Lee from the Parking Commission so that he will have time for his: new job as President of the Kalispell Chamber of Commerce. Mr. Daley thanked him for all his time and for doing a good job. He stated that we are losing a good worker and hope he will continue to assist the Parking Commission if time permits. Councilman Saverud moved to accept the resignation of Larry Lee from the Parking Commission. Seconded by Councilman O'Boyle. Motion carried. COMMITTEE REPORTS SAFETY Councilman Grainger had no report.. SEWER $ WATER Councilman Granmo had no report... CITY DEVELOPMENT Councilman Saverud moved for the Council to authorize free parking from now until December 31st, with two hour parking regulation to be enforced and logged for in- spection. Seconded by Councilman O'Boyle. Motion carried.. Councilman Saverud announced a meeting for 7:30 P.M. on Tuesday, December 2nd for an update on the Historical Society, STREET 4 ALLEY Councilman O'Boyle had no report.. PARKS, RECREATION, AIRPORT Acting Mayor Daley had no report. EMPLOYMENT Councilman Zauner had no report. ANNEXATION Councilman Smith announced that a revised draft of resubdivision regulations has been completed and she will have copies for Council members to review. She will schedule a meeting at the December 15th Council meeting, by which time City Attorney Donahue and Director of Public Works Hafferman will have the draft capsulized and they will try to get through them in 1 or I-, hours. Councilman Smith reported that she was ill at the time of the last City Zoning Commission meeting and could not attend. There was not a quorum, so sign ordin- ance will be addressed at the next meeting. Councilman Smith announced a meeting of the Annexation Committee at 3:45 PM on Wednesday, December 3rd, to review Buffalo Head and Engels Resubdivision. RESOLUTION #3316 Councilman Smith moved to adopt Resolution #3316, a resolution to approve, as a subdivision of the City of Kalispell, the resubdivision of a portion of Lot 6, Block 7, Sunset Addition #4, Addition #127 to Kalispell. Seconded by Councilman Grainger. There are no problems. The owner will sign a waiver of protest for storm sewer. Roll call vote. All voted aye. I2NG101[Nq Councilman Ruiz reported that the Finance Committee met to review claims for November and moved that all those found in order be approved. Seconded by Councilman Zauner. Motion carried. RESOLUTION #3317 Councilman Ruiz moved to adopt Resolution #3317, a resolution approving the trans- fer of expenses in last year's budget. Seconded by Councilman Smith. Roll call vote. All voted aye. MISCELLANEOUS Acting Mayor Daley announced a meeting with Director of Public Works Hafferman at 10:00 A.M. on Thursday, December 4th, to inspect Buffalo Head S.I.D. #328. City Attorney Donahue announced that he has finally received the necessar3 Power of Attorney so that we can now record annexation of the Circle K property on Meridian Road. Mr. Stebbins Dean, Manager of the Kalispell Chamber of Commerce read the following letter from Pacific Power $ Light: 138 PACIFIC POWER & LIGHT COMPANY P.O. Box 250 Kalispell, MT. 59901 December 1, 1980 MR. STEBBINS DEAN Kalispell Chamber of Commerce P.O. Box 978 Kalispell, MT. 59901 Dear Mr. Dean, In the past, lighted Christmas decorations authorized by the Chamber of Commerce were not billed for electricity used. In the interest of con— servation and due to the costs involved, Christmas lighting will be billed according to the appropriate General Service Rate 22. Based on a bulb count of the Kalispell Christmas lights, total wattage amounts to 28,655 watts. Based on 15 hours per day, this amounts to 430 R14H per day at .03149 each. Total would be $13.54 per day plus a $2.00 basic charge.,per month. Please let me know if there are any questions. Thank you. Sincerely, Larry DeLibero Office Manager LD/im Larry Lee, new president of the Chamber of Commerce explained further that the total cost would .probably not exceed $500.00. Councilman Saveru& moved we connect the. Christmas lights and absorb the cost in the Special Light District. Seconded by Councilman Zauner. Motion carried. Councilman Grainger moved to adjourn Minutes approved as presented December 15, 1980. -..___ --- _..' -- i Ma jorie Giermann, City Clerk Seconded by Councilman Saverud. Carried. i