03/07/77 City Council Minutes149
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY,
MARCH 7, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL
COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Daley moved approval of the minutes of the regular meeting of February
21, 1977 as presented. Seconded by Councilman Williams. Motion carried.
ADDRESS THE COUNCIL
Attorney Cal Robinson, representing Outlaw, Inc., stated that they are reopening
their petition to abandon a portion of the street at The Outlaw Inn which runs through
the parking lot causing a hazard. Attorney Robinson introduced Dick Taylor, Taylor
and Thon, Architects, who presented a sketch of The Outlaw Inn, their parking and the
proposed change of the street. The area will be landscaped for beauty and eliminate
the hazardous condition of patrons crossing the street to the parking area.
Councilman Schwartz moved to refer the request to the Street and Alley committee
with power to set a date for a public hearing. Seconded by Councilman Williams. Motion
carried.
OPEN BIDS - S.I.D. #324
FIRM LICENSE NO. SECURITY BID
Sandon Construction Co. 3150A Bid Bond $72,115.76
Councilman Daley moved the single bid be referred to the City Development committee.
with power to act. Seconded by Councilman Allen. Motion carried.
PUBLIC HEARING - Gilman Addition #67
Attorney William Astle, representing Art Mulder, contract purchaser of Gilman Addition,
presented an amended annexation plat as required by the resolution of intention to
annex, namely easements and access for city services; proper inspection by the city
building official. The land is divided into 2 parcels with 1 4-plex on each. They
are ready to pay a sum of money in lieu of park land.
Mayor Happ asked for public input either for or against the annexation. Pieter Drent,
resident of Park View Terrace, adjoining area, stated that Park View Terrace was
developed and sold as single resident neighborhood. Using APO standards, this annex-
ation will worsen a bad traffic situation. the 2 4-plexes will add another 70 autow
mobile trips in and out per day. The proposed access road will be just 72' from another
private road, and as you enter Farview Driver there is no visibility. The already has
9 4-plexes and Mr. Drent and other residents feel very strongly that it has already
gone too.far without adding more. They are not against 4-plexes, but the area has not
been developed for them. There isnoarea set aside for playgrounds, making the entire
area hazardous for children. Property has already dropped in value because of the
present 4-plexes. He asked the council for an explanation of why they have done a
complete about-face on their decision to reject the petition for annexation.
Councilman Williams concurred that valuation of property has dropped. There is a
possibility of 1500 to 2500 vehicular traffic without roads to accomodate and if the
public interest of the residents in the area not served, we should not follow through.
Councilman Schwartz stated that there is no criteria one way or the other where we can
refuse the annexation if all requirements are met. We can declare a moratorium on
4-plexes. Housing is quite critical. By 1980 the single family unit will cost
$78,000 and by the year 2000, the cost will be $100,000. This is the average through
the U. S. Young people will not be able to afford a single family dwelling. Multiple
dwell is coming whether we like it or not.
Councilman Schwartz moved to accept the Gilman Addition. Seconded by Councilman Daley.
Councilman Schwartz, Allen, Daley, Sliter, Granmo and O'Boyle voted yes. Councilmen
Grainger and Williams voted no. Motion carried.
Councilman Schwartz moved that no further 4-plexes be built in that particular area
until the City Council, APO Staff, Residents and Owners come up with a conclusion on
what is best for people. Seconded by Councilman Daley. Councilmen Granmo and Grainger
voted no. Motion carried.
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Councilman Daley requested Mayor Happ to call a meeting of the City Council and Steve
Petrini, APO Director, before next meeting so that adoption of the new zoning code
can be expedited. Mayor Happ will try to set up a meeting for next Monday evening.
TRIPPET APPEAL
Mr. Ed Trippet addressed the council concerning a variance for a building that is being
erected by himself and Mr. John Graves, at the corner of 1st Ave. East and 5th Street.
The lot had been inspected by Building Official Jackson and Surveyor Pauli before build-
ing began. Stakes were placed for a 2' setback on the lot by a former owner of the
property. Everything seemed proper and Building Official Jackson assumed that the base
of the building would be set in from the stakes so that -there would be no encroachment.
A building permit was issued November 15, 1976. After the foundation was poured and
the iron framework erected, it was noticed that the foundation was right on the prop-
erty line and the eaves encroached on city property. It was then noted that the stakes
were in violation by 21. Construction was stopped and an appeal made to the Board of
Adjustment for a variance. By a vote of 3 to 2 the variance was denied. Mr. Trippet
asked that the Council consider his appeal and allow him to continue the building as
started. Cost of revising the building to meet regulations would be $5,000.
Councilman Daley moved that the ruling of the BOA be overtumdd and the variance granted.
Seconded by Councilman Grainger. Motion carried.
COMMITTEE REPORTS
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Councilman Williams reported that councilmen and department heads have reviewed the
proposed resolution on Employment Policies, Rules and Regulations. The employment com-
mittee will be meeting with the council as a committee of the whole next Monday to make
any revisions necessary.
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Councilman Schwartz stated he would hold a request for annexation in abeyance.
Councilman Schwartz requested that notice of all committee and special meetings be
posted on each of the bulletin boards at the water department because of the 'open
meeting' law.
Councilman Schwartz stated that the annexation committee is extending the moratorium
on annexations and subdivisions another two weeks.
STREET & ALLEY
ON -GOING TRAFFIC COMMITTEE
Councilman Allen reported that the On -Going Traffic Committee met the first Tuesday of
the month. The State is asking the City to send a letter stating their priorities in
order, with the E. N. Storm Drain as No 1 priority next to 1st Ave East and Center
Street and traffic signals.
The On -Going Traffic Committee also discussed the parking problem at the High School.
The State needs a letter from the City on urban silting priorities, requesting urban
signing on all city streets.
Councilman Allen moved that sidewalks and curbs be ordered inwherenecessary on both
sides of 2nd-Ave. West between Center Street and 4th Street West; upright curb on both
sides of West Center Street between let Avenue West and 5th Avenue West; and 6th Ave- '
nue West between 2nd Street and 4th Street West, Seconded by Councilman Schwartz.
Motion carried.
Councilman Allen moved that City Engineer gnebel be authorized to call for bids for
road oil and crushed gravel. Seconded by Councilman Williams. Motion carried.
GAMBLING
Councilman Daley reported that the gambling committee has granted a dealers license
to Sall&r Marie McIlhargey.
151.
CITY AIRPORT LEASE
Councilman Daley moved that an attachment be added to the airport lease removing fire
insurance from the old hanger building and that airport insurance be paid from the
Airport Fund. Seconded by Councilman Allen. Motion carried.
FLATHEAD VALLEY ART ASSOCIATION
Councilman Daley
moved that the Flathead Valley Art Association lease be
approved.
The condition of
the boiler has been inspected by Lyford Plumbing & Heating and will
last a few more years. Seconded by Councilman_ Sliter. Motion carried.
ORDINANCE #868
Councilman Daley
moved enactment of Ordinance #868 an ordinance amending
Kalispell
City Code, Section 1 (24-5) to provide curb line, tree line information.
Seconded by
Councilman Allen.
Roll call vote. All voted aye.
UTTW-W7,6i
Councilman O'Boyle moved that permission be granted to Police Chief McDowell to appoint
Acting Sergeant Steven E. Klingler to the rank of Sergeant, with a one year probation-
ary period. Seconded by Councilman Grainger. Motion carried.
Councilman O'Boyle moved that permission be granted to Police Chief McDowell to appoint
Senior Patrolman, Ronald G. Fredenberg, to the rank of Sergeant, with a one year
probationary period. Seconded by Councilman Grainger. Motion carried.
PUBLIC SAFETY COMMUNICATIONS SCHOOL
Councilman Daley moved that permission be granted to Police Chief McDowell to author-
ize Asst. Police Chief Don Hellman and Chief Dispatcher Pat Ramsey to attend Public
Safety Communications School in Salt Lake City on March 14th through 18th. A11 expense
will be paid by the Western Regional Conference Association of Public Safety Com-
munication Officers. Seconded by Councilman Grainger. Motion carried.
TRAFFIC STUDY TEAM
Councilman O'Boyle read a copy of the letter he sent to Supt..Hayden, Flathead High
School, telling him of the appointments by Mayor Happ and offering to serve the
study team to find a solution to the traffic problems at and near the High School.
FINANCE
Councilman Sliter reported that the Finance Committee has reviewed city claims for
February and moved that they be paid. Seconded by Councilman Allen. Motion carried.
Councilman Sliter rmkinded council members that they will be enacting an ordinance
for elected officials salaries at the next meeting and to review the proposal made at
an earlier meeting.
SEWER & WATER
Councilman Granmo reported on a request from Mr. Primrose for water service outside
the city limits in the GreenAcres NW Subdivision. It is also outside the GreenAcres
Water District. The water line ends at his lot and the 2" line reduces to a All line
with very little pressure for the last user. Mr. Primrose has agreed to waive his
right to annex. The request will be held in committee for study.
Councilman Granmo reported on a request for water from Patti Mandl in the southwest
section of the City outside city limits. One house is presently being served by city
water and she would like to build another house and would like service there.. She is
willing to waive the right to annex. The request will be held in committee for study.
Councilman Granmo moved to refer a proposed contract for engineering service from
Thomas, Dean & Hoskin, Engineers, for a water rate study to the Sewer & Water Com-
mittee for review. The study will cost $9,000 and an additional $3,000 if necessary
to go to the Public Service Commission. All council members will be invited to the
committee meeting. Seconded by Councilman Allen. Motion carried.
Councilman Granmo reported that the 3rd Avenue E. N. Storm Sewer Project is awaiting
word from the State as to how much State and Federal funds will be used and what part
will be City participation. Councilman Granmo stated that if the project goes it
will take two years' gas tax money to fund the City portion. We should not let the
contract until we are sure of the amount of City participation. Councilman Granmo
152
will be meeting with the Highway Department in Helena on March llth for details.
Councilman Granmo has received the report of the geologist and moved the new water
well site be at the reservoir site on Buffalo Hill, and that -City -Clerk Beardslee be_
authorized_to'call for construction bids. Seconded by Councilman Sliter. Carried.
CITY DEVELOPMENT
Councilman Grainger announced that the City Development Committee will meet at-11 A.M.
tomorrow to award the construction bid for S.I.D. #324.
Councilman Grainger reported that insurance on employees driving their own vehicles on
city business will be required to carry 100, 300 and 50_thousand dollars limits and
insurance carriers shall submit certificates of insurance to Finance Director Nystul.
MISCELLANEOUS
Mayor Happ extended her sympathy on behalf of the City Council to Al Miron on the
death of his wife. Al Miron served the City well as councilman for many years.
Mayor Happ reported that she has written to the State Highway Department stating that
the City will abaondon the fire alarm system.
A letter has been written to the Flathead County Commissioners agreeing to help
Flathead County with reconstruction of Appleway Road and South Woodland Drive,
Mayor Happ has written to Jim De Long, Flathead County Shelter Master, releasing him
from liability in case city -money is burglarized.
Mayor Happ read a letter from Allen Rosenberg, Director of the Civic Theater, urging
the counciltopromote enthusiasm for the drama program and play being presented by
FVCC.
Mayor Happ reported a letter concerning the application for a HUD grant. The letter
stated that our community did not rank high enough to receive a grant. Mayor Happ
added that she will keep trying. This money is needed to finish the 7th Avenue West
storm sewer project.
Mayer Happ announced that there will be a Flathead Water Quality Workshop from 8 A.M.
to 5 P.M. on March 18, 1977 at The Outlaw Inn.
There will be a special meeting of the council at 5:15 P. M. Friday, in the water
office to open bids for a used ambulance.
Mayor Happ read a letter from the City County Planning Board. They wish to be inform-
ed as to the councils request for removing 4-plexes from Rl Zone.
Councilman Schwartz moved that it be denied. Seconded by Councilman Daley. Motion
defeated.
Councilman Schwartz moved a date be set for a public hearing to consider deleting_
4-plexes from Rd zoning. Seconded by Councilman Williams. The date of the hearing
will be April 18th and notice published twice.
Question called. Motion carried.
License & Permit Bonds
Bobby G. Brown
Bobby G. Brown
James L. Petesch
Plumber
Gas Contractor
Electrician
Continuation Certificate
John Miller & Harry W. Hansen
dba TreasureStateElectric Electrician Continuation Certificate
Councilman Allen moved acceptance of license and permit bonds as reviewed by City
Attorney Donahue. Seconded by Councilman Williams. Motion carried.
153
Councilman Williams asked that anyone - individuals or service clubs - interested in
helping to clean and beautify Demersville Cemetery, contact him.
There being no further busi.nessp Mayor Happ adjourned the meeting.
Minutes awed as presented March 21)
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1977.
Norma E. TT-- Vyor