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03/07/83 City Council Minutes12 THE REGULAR MEETING OF THE CITY COUNCIL WAS HELD AT 7:30 P.M, MONDAY, MARCH 7, 1983, IN THE COUNCIL CHAMBERS AT CITY HALL, MAYOR MCDOWELL PRESIDED, ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved the minutes of the regular meeting of February 22, 1983 be approved as presented.. Seconded by Councilman Palmer, Motion carried. OPEN BIDS - Gasoline and Diesel Oil BID UNIT PRICE/'GALLON EST. TOTAL FIRM ITEM DESCRIPTION F(}Bi: MARK GAL. AMOUNT KALISPELL UP TOTAL Valcon Distributing 1. Regular Gasoline $.92501 ,06 $i98501 13,000 $12,613.18 2. Unleaded Gasoline .95501 .06 1.01501 8,700 8,830.59 3. No. 2 Diesel .84142 .06 .90142 8,600 ,'7}.752:.:21 GRAND TOTAL 429,195.98 Price to change with Conoco, Inc. Posted Price Changes Bid accompanied by Bank Draft in the amount of $2,919.60 Richards Oil Co. 1. .Regular Gasoline .95 .08 1,03 13,000 2. Unleaded Gasoline .98 .08 1.06 8,700 3. No, 2 Diesel .85 .08 .93 8,600 GRAND TOTAL Price on gasoline includes all taxes. Please deduct any taxes that do not apply. Bid accompanied by Bank Draft -in the amount of $3,000.00 Walter Distributing 1, Regular Gasoline .89 .079 .969 13,000 2, Unleaded Gasoline .92 .079 .999 8,700 3, No, 2 Diesel .842 .079 .921 GRAND TOTAL Gasoline prices do not include Federal tax. Bid accompanied by Cashiers Check in the amount of $2,921.00_ $13,390.00 9,222.00 7,998.00 $30,610.00 $12,597.00 8,691.30 8,600 7,920.60 $29,208.90 City Service, Inc. 1. Regular Gasoline .9247 .0289 .9536 13,000 $12,396.80 2. Unleaded Gasoline ..9547 .0289 .9836 8,700 8,557.32 3. No. 2 Diesel .847 .0289 .8756 8,600 7,530.16 GRAND TOTAL $28,484.28 Note: The FOB Price includes freight from Missoula to Kalispell as follows: Gasoline $0,03501 Diesel 0.03992 Baal accompanied by Bank Draft in the amount of $2,848,43 Councilman Nystul moved that the bids be referred to the Finance committee with power to act. Seconded by Councilman O'Boyle. Motion carried. OPEN BIDS -- Legal Advertising Kalispell's Weekly News Bid- Bond 86% of Code The Daily. Inter'..Lake 85% of Code Councilman Saverud moved the bids be referred to the Finance Committee with power to act. Seconded by Councilman Zauner. Motion carried. PUBLIC HEARING - Kaltana Annexation Attorney Richard DeJana appeared as a representative for the developer. Bob Cole, 1417 Highway #2 West, appeared as an opponent to the annexation. Mr. Cole lives one unit away and is concerned about his water, rights, He stated that he believed there were covenants covering the water rights on his property and the property between 13 him and Kaltana. There is a spring and the water is piped across all the property to him. His concern is that if Kaltana is developed, the storm water will run into the spring and contaminate the water. The area was a swamp but has now been filled with about 6 feet of gravel over clay. If this land is developed, it will either leave him without a septic field or pollute the water. He stated that he has a nice residence worth a good bit of money and he can.forsee trucks or several highrise resi- dential buildings in the area which will decrease the value of his property.' Councilman Palmer stated that he did go to First Montana Title Company and they are ensuring there are no covenants. Director of Public Works Hafferman stated that if the area is annexed, storm water will be addressed by City Standards and there will be less danger to the spring that supp,-es Mx. Cole water under City Standards, that without such standard. City Attorney Neier advised that the City is not a party to any covenant. According to the Flathead Regional Development Office, the area is contiguous to commercial pro- perty and is in compliance with the Comprehensive Plan. Development could take place anyway, whether annexed or not. Attorney DeJana stated that the area has been reviewed by all departments of the City and there are no problems, Councilman Saverud questioned that if there were residential covenants and the City annexed it and made it commercial zoning, would the City be liable. City Attorney Neier replied that it was not a very dangerous position as a suit would be directed at DeJana's client. Councilman Palmer explained more about the conditions of the annexation. A 30' strip will be dedicated as a city street, there will be height restrictions, even a buffer. Councilman Ruiz stated that he thought a cul de sac was necessary for the Fire Depart- ment on the north. Councilman Palmer replied that whatever the Fire Department deems necessary will be provided, There being no further discussion, Mayor McDowell closed the public hearing. A deci- sion will.be made in not less than 7 or more than 60 days. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one responded. COMMITTEE REPORTS FINANCE Councilman Nystul reported that Finance Director Swanson, Auditor Walsh and he met to discuss the discrepancy in anticipated tax increment for 1981 and the amount re- ceived. They believe they came up with the answer but are checking with the Assessor to be sure. Councilman Nystul reported that PP&L and Montana Power have done an energy audit for the City and that it was delivered a month ago, but cannot be located. As soon as it is found, there will be a report, EPA is putting out a program on energy preservation. Some ways may be found to preserve energy and costs for the City. Councilman Nystul reported that the Finance Committee met today, reviewed .the claims for Feburary .and moved that all claims found to be in order be paid. Seconded by Councilman Vidal. Motion carried, EMPLOYMENT Councilman Zauner reported two vacancies in the city crews, One is in the Garbage Department and the other is Assistant Water Superintendent. These will be posted immediately. There will be,:a closed session immediately after the meeting on negotiations and personnel. Councilman Zauner reported that the Firefighter's Association have signed a contract and moved it be approved. Seconded by Councilman Nystul. Motion carried. Councilman Zauner reported that the AFSCME contract has been signed and moved it be approved. Seconded by Councilman Nystul. Motion carried. ANNE XA'1'I ON ORDINANCE #1023 Councilman Palmer moved first reading of Ordinance #1023 an ordinance, to amend the zoning ordinance by amending Section 5.05 of Ordinance No. 920; to provide for lot area exceptions for "Row House" or "Town House" Construction and to provide an effective date. Seconded by Councilman Grainger. Roll call vote. All voted aye. 14 Councilman Palmer announced a meeting of the.Annexation Committee on Monday at 7:30 P.M. (March 14) to discuss PUD, Pyramid Planning and the reduction of zones, All councilmen are asked to attend, STREET $ ALLEY RESOLUTION #3455 Councilman O'Boyle moved to adopt Resolution #3455 a resolution of intention to create S.Z.D. #336 for improving 11th Avenue West, between 7th and 8th Streets. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3456 Councilman O'Boyle moved to adopt Resolution #3456 a resolution authorizing the Mayor to sign an agreement with the Montana State Highway Department for striping Main Street from Highway 42 to 9th Street. Seconded by Councilman Vidal. The state will finance. Roll call vote. All voted aye. Councilman O'Boyle reported a letter from. -the Chamber of Commerce requesting a truck by-pass be given high priority. This request and further improvements for Meridian Road will be discussed at the next TAC meeting, which will be held on March 22 at 9:30 A.M. at the H g,iwa Depa tment. PARKS On recommendation of the Parks Committee, Councilman Vidal moved to allow the "Art in the Park" show at Courthouse Park on July 22, 23 and 24. Seconded by Councilman Saverud, The show was held there last year and was conducted in such a manner that there were no calls or complaints. Liability insurance to be requested during that period. Question called. Councilman Ruiz voted nay. 'Motion carried..,,. Councilman Vidal reported that 4 core samples were taken at the swim pool on February 25. As soon as the analysis is received, a committee meeting of all the council will be called to determine the future of the swim pool. Councilman Vidal reported that Lee Tower, Airport Association, attended their Committee meeting. The minutes will be oat which cover his -report, COMMUNITY DEVELOPMENT Councilman Saverudreported that his committee has prepared a job description for an Assistan=t`Building Official. They feel this position is needed so there will be someone who can operate the Building Department in the absence of the Building Offi- cial. Money was budgeted,for this position. Councilman Saverud moved that Mayor McDowell be authorized to advertise for and select an Assistant Building Official with the approval of the Council. Seconded by Council- man Zauner. Motion carried. SAFETY Councilman Grainger had no report, SEWER & WATER Councilman Ruiz reported a meeting'of the sewer & Water Committee for March 15th at 3:45 P.M. Councilman O'Boyle asked permission to submit the garbage proposal at the same time. MISCELLANEOUS Councilman O'Boyle moved to accept the resignation of John Heller from the City -County Planning Board and Zoning Commission. Seconded by Councilman Palmer. Motion carried. Councilman Saverud moved to approve the appointment of Virginia Sloan to replace John Heller,on. the CCPB and Zoning Commission., Seconded by Councilman Nystul. Motion carried. Finance Director Swanson will attend the meeting of the Urban Coalition in Helena this Friday concerning the Block Grant, which is affected by lower crude oil prices. Mayor McDowell appointed Councilmen Vidal and O'Boyle and Park Superintendent. Drent to assist the Chamber of Commerce 'in renaming Depot Park. On question of Councilman Nystul about chuck holes, Director of Public Works Hafferman explained that they are filling chuck holes the best they can but it is still very wet. Oregon Street is bad and they will be digging out the muck and filling it with gravel for now. Councilman Ruiz asked if it was possible to close Meridian Road to truck traffic. The road is breaking up badly and we are losing what headway we made with improvements last year. City Attorney Neier to investigate whether or not there is a problem of closing to truck traffic. Councilman Grainger moved to adjourn. Approved as presented March 21, 1983. ATTEST: mariorl iermannAil ty C1er