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10/04/76 City Council Minutes92 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, OCTOBER 4, 1976 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Williams moved the minutes of September 13, 1976 be approved as presented. Seconded by Councilman O'Boyle. Carried. Councilman Williams moved the minutes of September 20, 1976 be approved as presented. Seconded by Councilman O'Boyle. Carried. PUBLIC HEARING - Abandonment of Street at Outlaw Inn Continuation of the public hearing on the abandonment of a portion of street at The Outlaw Inn opened with a presentgtion by Attorney Gene Phillips for the petitioners. He presented a map of the area with an overlay showing a new road and the parking area. He said that there Is an error or misconception of their original request. The idea is not to close traffic, but to reroute the traffic to the west through the existing parking lot to a new entry on 18th Street. He stated that The -Outlaw Inn will be giving away some of their property for the road - they only want to alleviate the traffic hazard - fire protection aspects will be improved and the rerouting will increase the traffic flow. Mr. Buck Torstenson, partner in The Outlaw Inn, stated that it was not a matter of closure, but a matter of rerouting traffic as a safety factor. Attorney Phillips continued with the statement that tourists are not aware that this is a through street when they cross to the parking lot and that there have been some near accidents. The Montana Code states that if there is a traffic hazard and the owner or owners of adjacent land petition for abandonment, that it shall be in order to do so if it does not create a detriment to other land owners. Dave Tonjum, representing the City Service Station, stated that the closure would not be a detriment to his business. Mayor Happ asked if The Outlaw Inn would build and pay for the new road and deed the City land to straighten the roadway. Attorney Phillips indicated they would do these things. Councilman Schwartz stated that he felt that you still have a thoroughfare in the area. If the City curbed the area, put up stop signs and marked pedestrian crossings it would eliminate most of -the .problem. Attorney Phillips agreed that it would be an impr- ovement and they were open to any suggestions that would alleviate the hazard. Water Supt. Longpre-stated that the closure would not affect water lines. Fire Chief Peters stated that it would affect fire lanes to The Outlaw -Inn and other businesses in the area adversely. A letter from Asst. Police Chief Sevier stated that the present roadway serves a very useful purpose in diverting traffic away from Main Street south, where we are already experiencing severe traffic problems. Were the roadway to be put in good repair, with identifiable boundaries, it would greatly alleviate the problem and serve to reduce the accident risk factor to pedestrians. Police Chief McDowell stated that curb cuts and marked pedestrian crossings would help. William Clements, street foreman, stated in a letter dated Septembe20th, that he sees no immediate problems involving the street department. However, there is a city sewer line down the middle of this street to which we should retain an easement, and there is a county mosquito control system involved there. Attorney Ogle, representing Forrest Daley who has property in the area, stated that abandonment or rerouting of this street would cause a traffic hazard in other areas. Attorney Ogle referred to letters from Realtors Douglas R. Johns; William Brass, Kenn's Realty; and Chet L. Ellingson, Ellingson Agency all stating that the Daley prop- erty and other property in the area would be reduced in value. They also felt that a traffic hazard would be created in other areas. Mr. Daley stated that he felt it would not be in the best interests of Kalispell res= idents and business people to take away some present exits to property. Proper curb- ing would help. Residents on 3rd and 4th Avenues East will not appreciate additional traffic. 93 1 LJ Bill Roberts, owner of the Exxon Station north of The Outlaw Inn, stated that cutting off the present street will cut traffic at their location. Paul Knapp, Realtor, believes abandomment of this street will create more problems, and is opposed. Doug Johns, Realtor, is opposed, and believes curbing and a traffic walk is the answer. Attorney Phillips presented a letter from L. M. Ormiston, with Smith, Stalnaker & Associates, which stated that at Attorney Phillips request, he believes that the Forrest Daley property on the south end of First Avenue East would not diminish in value for the following reasons: (1) any diminuation of value would have occurred at the time Highway #93 was relocated, as it reduced the subject property from a primary commercial location to a secondary commercial location; (2) the location and size of the property and condition of the improvements thereon, has no appeal to a high traffic retail oper- ation, which would pay the highest price for a commercial property; (3) the most probable use of this property would be as a service facility or a warehouse or storage operation which does not require a high traffic flow; (4) the primary access to U.S. #93 will remain the same as this intersection is not part of the section proposed for closing. Councilman Daley stated that he believes if the street was curbed it would enhance the entrance to the City and let Avenue East would get more traffic, alleviating traffic on Main Street. Councilman O'Boyle stated that curbing and controlled parking would help the situation. Councilman Sliter moved that the city council take the matter under advisement with testimony given and have a decision at the next meeting. Seconded by Councilman Schwartz. Mayor Happ stated that the proposal at this time is quite different than the original request. Question called. Motion carried. PUBLIC HEARING - Porta Villa Subdivision Councilman Schwartz reported that the required papers for annexation are not quite in final form, but since it is the public hearing for the Ports, Villa Subdivision, proponents and opponents should be heard. Jim Sharon, Meadows Real Estate, stated that the principals in the development are Jim McKnight, Manual Bauska and himself with equal one-third interests. He stated everyone knows how badly Kalispell needs more apartments and this area is the best in the City. There will be a total of 148 units. (12 4-plexes and 100 unit apartments) The City will benefit by more taxes. Joe Houston, area resident, stated that he does not protest, but wants the City of Kalispell to be aware of the impact of city services required. Mary Shelton and Janet Stevens, Yellowstone Street, inquired if there were plans for a new school, walkways or playgrounds. Councilman Schwartz stated that he believes the next school allocated will be an elementary school in Northridge. Hawthorne Park is in the area and park land will be dedicated which is contiguous with Hawthorne. There will also be a park within the subdivision which will be maintained by the developers. Councilman Schwartz moved to delay action on final annexation until all papers are completed. Seconded by Councilman Williams. Motion carried. PUBLIC HEARING - Abandonment of 221ey, Ted's Addition Ralph Jackson, 70 Grandview Dr., stated that the alley is a carry-over from the old Grandview Plat and has never been developed or used. Councilman Daley stated that it may become valuable to the City. There was no protest from any city department heads. RESOLUTION #3084 Councilman Granmo moved adoption of Resolution #3084 a Resolution finding that it is not to bhe detriment of the public interest that an alley in Ted's Addition be dis- continued and ordering that same be vacated and closed. Seconded by Councilman Williams. Roll call vote. Councilmen Williams, Schwartz, Granmo and Grainger voted aye. 94 Councilmen Allen, Daley, O'Boyle and Sliter voted no. Tie vote. Mayor Happ voted aye. Resolution adopted. PUBLIC HEARING - Vacation and Discontinuance of alley at Old Hospital Site. Mayor Happ reported that this is a request fromtheFlathead County Commissioners to vacate the alley at the old hospital site, so that they can build a fire escape on their south wing as required by the fire codes. Director of Public Works Knebel stated that it may be a problem with utilities. There are power poles and a sewer line there and the alley may be needed for access for garbage pickup. City Attorney Donahue stated that if you vacate an alley, you can reserve your utilities and services forever. RESOLUTION #3085 Councilman Allen moved adoption of Resolution #3085 a Resolution finding that it is not to the detriment of the public interest that an alley at the old hospital site, Block 203, Kalispell Addition #3 be discontinued and ordering that same be vacated and closed with restrictions regarding utility services. Seconded by Councilman Sliter. Roll call vote. Councilman Williams, Allen, Daley, Sliter, Granmo and Grainger voted aye. Councilman Schwartz and O'Boyle voted no. Resolution adopted. ADDRESSING THE COUNCIL George Beardslee, let Vice President of the Lions Club, urged everyone to buy light bulbs from club members to enable the club to carry on their projects, one of which is starting an eye bank. 55) Z 10 115 4431 ,l ; , - Sewer & Water Councilman Granmo that progress is going well on the storm sewer project. Doug Daniels, ' engineer for the project, reported that it is more than 25% complete. Councilman Granmo read a letter from Brian Orndorff, maintenance man at the wastewater treatment plant, stating that the sludge at the plant is quite usable and beneficial and should be given to the publicratherthan expending money to bury it. Councilman Granmo moved the city advertise and offer the sludge to the public. Seconded by Councilman Schwartz. Pieter Drent, park superintendent, stated that he could use the sludge on the parks, but the problem is loading it. He needs a fork on one of the city loaders. Supt. Drent said no one can use the sludge until a suitable way of loading it is made available. Councilman Schwartz withdrew the second to the motion. Councilman Granmo withdrew the motion. FINANCE Councilman Sliter reported that the finance committee has examined claims for September, found them in order and moved they be paid. Seconded by Councilman Daley. Motion carried. SAFETY Councilman Daley reported a request from Police Chief McDowell to appoint vacation man Roger Krauss as a temporary policeman, effective October 1, 1976, until the position I of Patrolman Wilson is resolved because of a hand injury. Councilman Daley moved that Roger Krauss be appointed temporary policeman, effective October 1, 1976 pending position of'Sgt. Wilson. Seconded by Councilman Grainger. Carried. Councilman O'Boyle asked that the following letter of commendation be made part of the minutes: October 4, 1976 COMMENDATION Mrs. Norma Happy Mayor City of Kalispell Kalispell, Mont. 59901 Dear Mayor Happ, The governing body of the City of Kalispell owes a tremendous amount of thanks to each and everyone who spent many long hours and have been so faithful in the crisis which has blackened Kalispell. To the neighboring men and departments, again thanks. A commendation to those people behind the scenes, the dispatchers who were subject to both physical and mental strain._ Concerning. the above mentioned, a very special commendation to Pat Ramsey whose exemplary conduct contributed to solving one of the major •fires. The professionalism and devotion to duty by those who are too num- erous to mention individually, reflect great credit upon themselves and their contributions. With Gratitude, (a) Francis T. O'Boyle Francis T. O'Boyle Chairman, Safety Committee Councilman O'Boyle reported a situation on downtown streets last week in which over 8000 eggs and an undetermined amount of shaving cream was used by high school students celebrating 'spirit week' to mess up cars, persons, store windows and streets. He recommended that next year a letter be written to school authorities asking them to ' confine activities to school premises. No action taken. Councilman Daley moved the council go on record as recommending an increase in the golf course lease, which will include the new party from $600.00 to $1,000.00. Seconded by Councilman O'Boyle. Councilman Schwartz stated that it will only increase fees and that the members have already been hit hard financially in the building of the new part of the golf course. Question called. Motion defeated. Councilman Sliter moved the council make the charge the same as last year. Seconded by Councilman Schwartz. Motion carried. PARKS Councilman Daley reported that students at Montana State University in Bozeman have com- pleted most of a master plan for a recreation area in Lawrence Park and will be in Kalispell on Saturday, October 9th for a presentation of the plan. Council and all int- erested persons to meet at 10 o'clock Saturday morning. STREET & ALLEY Councilman Allen reported a request for 'No Parking* signs on the south side of 8th St. by the High School from the alley between 3rd and 4th Avenues to 5th Avenue West. After discussion it was decided more investigation was necessary. Councilman Allen reported on the public information meeting held September 30th for the purpose of obtaining urban funds for 1st Avenue East & Center Street on plans of Highway Project. This includes sewer installation. The request has been allowed and awaiting design approval for the project. The Kalispell Chamber of Commerce called Mayor Happ's office asking that they be put on record as favoring a request for beautification on the project. Council members felt that this request would delay the project for at least one year. Councilman Allen moved enactment of an ordinance to install parking meters in front of the Flathead National Forest office at 290 N. Main at the request of the owner of the property. Seconded by Councilman Schwartz. Roll call vote. Councilman Williams, O'Boyle, 96 Sliter, Granmo and Grainger voted no. Councilman Schwartz, Allen,and Daley voted yes. Ordinance not enacted. Councilman Allen requested that Mayor Rapp direct Director of Public Works Knebel and Water Supt. Longpre to move the fire hydrant at Daley Tire Service. ANNEXATION The petitioner for annexation of Gilman Addition #67 has reapplied and asked permission to build (2) 4-plexes. This request for annexation will be taken back to the City - County Planning Board for recommendation. Councilman Schwartz reported that a request by Mr. White to move a house from Columbia Falls to Kalispell has been denied. The house is not compatible with the area. EMPLOYMENT Councilman Williams moved that medical insurance coverage be offered to city employees only after 6 months employment. Seconded by Councilman Sliter. Carried. Councilman Williams moved adoption of an employment policy covering physical examination at employee's expense before employing. Seconded by Councilman Sliter. Carried. MISCELLANEOUS RESOLUTION #3086 Councilman Sliter moved adoption of Resolution #3086 a Resolution authorizing a project under Title 11, Chapter 41 RCM 1947, as amended, the leasing and mortgaging thereof and the issuance and sale of $800,000.00 first mortgage nursing home bonds (Immanuel Lutheran Home Project) series 1976; approving the documentation in connection therewith; and authorizing the execution and delivery of the bonds and documentation. Seconded by Councilman Allen. Roll call vote. All voted aye. GAMBLING PETITION City Attorney Donahue reported that the case of DeLong vs Dahl, at al, regarding a petition to ban and limit gambling within Flathead County, and the intervening case of the City of Kalispell on a similar petition, was heard by District Judge Sykes. ' Judge Sykes found that it is not within the power of the City to_change state laws on gambling. The City Clerk has been restrained from holding an election on the petition. It has been appealed to the Supreme Court. City Attorney Donahue advised that if the Supreme Court reverses the decision and an election is ordered that it be held at the next city election. City Attorney Donahue reported on the meeting of the State Commission on Local Government on a proposed code for cities and counties. He stated that the proposed code has. been consolidated from everything in the state code regarding cities into one section and will be presented to the state legislature in January for adoption. It will mean a great deal of work for city attorneys as there will be lots of changes in ordinances, etc., but feels it will be a good code when completed. There will be a meeting at the Flathead Valley Community College on October 29th and all interested persons can attend and learn about the proposed code. Councilman Sliter moved that City Attorney Donahue be _permitted to attend the National Institute of Municipal Law Officers annual convention in Las Vegas, Nevada, October 11 through 14, 1976, with per diem and travel by public transportation allowed. Seconded by Councilman Allen. Carried. FINAL APPROVAL SID #322 SID #322 having been approved by Director of Public Works Knebel and Stahly & Associates, , Engineers for the project, Councilman Allen moved council acceptance. Seconded by Councilman O'Boyle. Motion carried. RESOLUTION #3087 Councilman Allen moved adoption of Resolution #3087 a Resolution levying and assessing a tax upon all property in Special Improvement District #322 to defray the costs of making the special improvements authorized therein. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Mayor Happ reported a letter from Steve Lehmer, Director of Hockaday Center -for the Arts, thanking the City Council for painting the curbs in front of the Center, and for putting up signs next to the Hockaday Center and adjusting the two front parking meters to one hour maximum, Councilman Sliter moved that Director of Public Works Knebel attend a one day meeting in Helena on the new local government code dealing with special improvement districts and financing street operations, per diem and travel expense allowed. Seconded by Councilman Grainger. Carried. Mr. Dale Collins reported that he has been notified by HUD that his proposal to provide 60 units of newly constructed housing for the elderly in Kalispell has been approved. HUD GRANT Councilman Allen moved that Mayor Happ be authorized to sign an agreement with HUD for a $2009000.00 grant for storm sewer construction. Seconded by Councilman Williams. Motion carried. There being no ,,£urthe� business Mayor'Happ adjpurned the meeting at 10:40 P. M. Minutes appv6ved as iresented on CAober 18, A976. Norma E. Happ, Mfiyr ' slee City Clerk