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06/06/77 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY t 8 7 JUNE 6, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL." MAYOR HAPP PRESIDED. COUNCILMAN ALLEN ABSENT DUE TO HIGH SCHOOL GRADUATION. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of May 16, 1977 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING - Hall's Addition (Addition No. 82) Mr. Ken Hall, the developer, asked about the park land item as recommended by the annexation committee. He would prefer to keep the land at the point and main- tain it if the city is not going to put in grass and shrubs. Councilman Daley thought Hall would be better off to keep it and maintain it. On the question of a 10' public right of way, recommended by the annexation committee, it was explained that this was for possible future widening of Meridian Road. Mr. Hall is hesitant to give up the area when the city or state would have to purchase the same area if it was widened on the other side of the street. He feltthecity should purchase the land. Mayor Rapp pointed out this was only a public hearing and no decision had to be made at this time. Upon call for anyone wishing to speak against, no one responded. There was no comment concerning the request for any comment regarding the zoning of R3 and R5. PUBLIC HEARING - Underhill Subdivision #2 (Addition No. 77) Mr. Howard Doran, the developer, questioned the requirement for the installation of curbs, gutters and paving at this time.- He felt it would be better to do it later and that the other property owners would probably go along with it then. Councilman Griffin stated Mr. Doran had brought the easements in for the sewer line for the city to review. The city attorney will examine them. Mr. Doran was favorable to a provision of a waiver of protest of SID for curb, gutter and paving at a future time. Upon request for anyone against the annexation, there was no response. PUBLIC HEARING - Parkview Addition #1 (Addition No. 81) Mr. Stan Pine, developers representative, asked why the annexation committee was recommending Rl zoning, when the APO recommended R2. Councilman Griffin stated the committee had not completed its study as it was interrupted last Tuesday by the fire. Mr. Pine reviewed the numerous meetings with the planning staff and needs of the area that have been addressed over the period this development has been under con- sideration. He felt that the developers had made several compromises already. He stated the planning staff had delayed their approval so they could consider the entire development of Buffalo Hill. The developer has therefore been through a lengthy process with the planning staff and has thus requested R2 because of the needs of the town. The developer has also met with the present residents trying to reach an agreeable plan. The developers would like to have a large park area in the center of the future development rather than grant part of a lot that is adjacent to the present park. Councilman Griffin stated the feelings of the park committee and the people of the area was there is a need for adequate park for the existing area. He agreed that it is not fair to require of this developer what prior developers should have done. Mr. Pine also pointed out that they chose clusters of four-plexes as having the minimum impact do the area. I H8 Marilyn Aasheim presented a petition from the residents of the area asking for Rl zoning. The petitioners felt that if this area was annexed as R2, the future areas would be annexed as R2 also. She felt that it would be acceptable if the land north of Harrison and along the county road were R2 and the lots on the south and adjacent to single family be R1. Dan Bangman and Norm Johnson also spoke in opposition of R2. They complimented Councilman Griffin's recommendations as being the feelings of the people in the area. Dean Potter also agreed with Councilman Griffin and thought his recommendation should be accepted in the entirety.. Councilman Griffin recommended the Water and Sewer Committee look into the wet well question. Mr. Pine was asked if he owned the balance of the area. He said he had a contract for deed. Their plans for the balance of the area were lees intensive development in most areas. The more intense development would be in areas where the land drop is greater. Pieter Drent recommended that a plan of the remainder of the area be considered. He felt that a piecemeal annexation was no guarantee to the present area residents. A whole plan was the best way. The comments from the public hearing will now be considered by the annexation committee and council. PUBLIC HEARING - Emergency Budget - Fire Department There was no response to a call for comment regarding the proposed emergency budget of $4,000.00 for fire department salaries. RESOLUTION NO. 3115 Councilman Grainger moved adoption of Resolution No. 3115 a resolution authorizing --_ an emergency budget for the -'Fire Department,- General _Fund purposes in"the amouut of $4,000.00., .Seconded by -Councilman -Williams. Ro71 call vote, all-voted_ayai ADDRESSING THE COUNCIL No one responded to three calls to address the council. COMMITTEE REPORTS COMMUNITY DEVELOPMENT AND EMPLOYMENT Councilman Grainger reported receipt of a letter from Thomas, Dean & Hoskins on SID 324. The alley construction is 90% complete but is shut down due to the strike. RESOLUTION NO. 3116 Councilman Granmo moved adoption of RESOLUTION 3116, CHANGE ORDER NO. 2 TO SID 324. Motion seconded by Councilman Williams. This will allow the contract time to stop at the date of the strike. Roll call vote, all voted aye. There is a balance of about $2,900.00 in the construction fund. City Attorney Donahue was eked if the project scope could be changed to include correcting drainage in areas along the project. He replied there would probably be no problem if this was within thelimitsof the project. Councilman Graipger moved to pass a change order approving this. Seconded by Councilman Griffin. After discussion which pointed out that not all owners would receive benefit, and the possible legal problem of changing the project, the second and motion were withdrawn. IR_9 A letter from the Devonshire Motel stated they feel the city has created a hazard by not having the grade on the alley match the parking lot of the motel. Doug Daniels of Thomas, Dean & Hoskins stated we have in fact matched the old grade of the alley. The new grade is within a fraction of an inch of the old alley. He recommended the property owner use a pre -cast curb section along the alley to prevent driving over. Councilman Grainger asked that the Traffic Committee consider making this alley a one way southbound to match the remainder of the business district alleys on the East side. City Attorney Donahue will write a letter to the Devonshire stating the city has constructed the alley to grade, and that if his driveway is not to -grade it is his responsibility to bring it to grade. EMPLOYMENT COMMITTEE The first meetings with the city unions and city labor consultant have taken place. Progress is at the rate of a dead turtle. SEWER AND WATER Councilman Granmo reported the receipt of a letter from Thomas, Dean & Hoskins reporting the completion of the Storm Sewer Project by Pack & Company and recommendation of final acceptance. City Engineer Kneble reported the project was inspected by himself, Water Super- intendent Longpre, Sewer Foreman Anderson and Thomas, Dean & Hoskins. The only items are two loose manhole lids and a need for a little more black dirt for Sam Gibson. Councilman Granmo moved acceptance of the storm sewer contract by Pack & Company, subject to correcting the loose manhole lids and black dirt, and authorizing the return of their $1,000.00 guarantee check from the portion completed last fall. ' Seconded by Councilman Williams. All voted aye. WATER WELL A letter from Thomas, Dean & Hoskins reports the water well has reached the specified 450 feet. It appears to be in a good aquifer but they recommend we go 50 feet further to be sure. Councilman Granmo moved the engineer be authorized to drill an additional 50 feet. Seconded by Councilman Williams. All voted aye. 3RD AVENUE EAST URBAN SYSTEM A letter from the Montana Department of Highway has been received commenting on three requests on the 3rd Avenue East North storm drain project. The request to add reconstruction of four blocks on 3rd Avenue East and 7th Avenue East North should present no problems. The request for let Avenue East North from Center to California to be placed on the Urban System will be processed after receiving concurrence from the County Commissioners. Once this is placed on the Urban System, consideration will be given to expand the scope of the project to include reconstruction of First Avenue East from Railroad Street to Idaho and from Idaho to California Street. Motion by Councilman Granmo to authorize Thomas, Dean & Hoskins to do engineering on paving of the streets now approved by the highway department. This is an extension of the engineering contract. Seconded by Councilman Griffin. Roll call vote. All voted aye. Several complaints have been received from residents of the West Side for their May water bills. Councilman Granmo reported this was due to the unusually dry April and the starting of the sprinkling rates in May after their reading. Councilman Granmo believes this inequity can be resolved in our water rate study. Discussion of water service outside the city will be held until the next meeting. 190 HEALTH & SANITATION The -Health & Sanitation Committee recommends denial of the request by F. Smith Willis to,graze an animal in the city limits. Moved by Councilman Bleken to deny the request and give a reasonable time, such as one week, to remove the animal. Seconded by Councilman Daley. All voted aye. SAFETY COMMITTEE The council received a letter requesting the withdrawal of a leave of absence by Edith Jackson of the Parking Regulation Department and a submission of her resignation effective June 30. Councilman O'Boyle moved to accept the withdrawal or her leave of absence and accept, with regret, her resignation effective June 30. Seconded by Councilman Daley. Motion carried. Chief McDowell requested authorization for four officers to attend traffic law enforcement training school. Sgt. Young and Officer Love to the school in Billings, June 6 to 10. Sgt Klingler and Sgt. Fredenberg to Great Falls, June 13 to 17. Funding is by Highway Traffic Safety. Motion by Councilman O'Boyle to authorize the trips. Seconded by Councilman Griffin. All voted aye. The Safety Committee recommends that the mayor instruct the chief of police to require liability insurance of all wrecker services doing towing for the City of Kalispell. Such insurance shall be: Liability $100,000 each person, $300,000 each occurence, and $50,000 property damage or combined single limit of $300,000. The committee also recommends that a rental charge of $5.00 per month be made for all alarms housed in the police department. A response fee of $1.00 per false alarm to be levied against the alarm owner is also recommended. The committee also recommends approval of the request by Police Chief McDowell to hire a vacation police officer for the months of June, July and August be approved. Councilman O'Boyle moved these committee recommendations be approved. Seconded by Councilman Bleken. Motion carried. ' Councilman O'Boyle reported that complaints were received again of speeding on 3rd Avenue East. Chief McDowell reported 22 hours of surveillance and only 2 speeding and 1 traffic tickets. PARK & RECREATION Councilman Daley reported on the present plans for the highschool complex at Rawson Field. The city recommendation was to widen the road along the south side of the city shop with the city and county to trade gravel and/or work. The road to continue through the area to 3rd Avenue West. Fencing of the outfall was proposed with the school district to furnish the material and the city would install it. The city will meet again to iron out drainage, the city main trunk sewer line that goes through the area, entrances, etc. This meeting will be Thursday, June 9 at 1:30 P. M. The parking problem at Meridian Park is going to be looked into by Park Superintendent Drent and Harold Haven of the little league baseball. Councilman Daley called Section 15-12 of the Kalispell City Code to the attention of the council. This section deals with licensing of peddlers and businesses comming in from outside the pity. He felt that these people should pay as the resident businesses are paying taxes to support the city. Councilman Daley recommended Mayor Happ instruct Chief McDowell to enforce the ordinance. t The Chamber_ of Commerce is interested now in assisting the city in writing a new ordinance. ANNEXATION Councilman Griffin reminded the council of a hearing June 20, amending the Zoning Ordinance regarding one lot and one building. Councilman Griffin moved to refer to the Annexation Committee the resubdivision of a portion of Ports, Villa No. 3 for summary review and action by the next council meeting. Seconded by Councilman Grainger. All voted aye. The recent Montana Supreme Court decision on occasional sale of land affects the resubdivision of Parkview Addition No. 70. It was recommended the applicants file the certificate of survey with the county. No council action is required. The sale would reduce the lots from 3 to 2 to increase the parking. Councilman Griffin moved to authorize Mayor Rapp to sign the consent to amend the restrictive covenants of Ports. Villa No. 2 regarding the setback. Seconded by Councilman Williams. It has been reviewed by City Attorney Donahue and the setback approved by the Board of Adjustment. All voted aye, motion carried. RESOLUTION NO. 3117 Councilman Griffin moved adoption of RESOLUTION NO. 3117 a resolution of intent to annex Buffalo Hill Apartments and commercial addition (Addition No. 84) and setting a public hearing. Seconded by Councilman Williams. Roll call vote, all voted aye. FINANCE Councilman Williams reported the Finance Committee met today and reviewed the May claims. He moved that all claims approved by the Finance Committee be paid. Seconded by Councilman Grainger. All voted aye. RESOLUTION NO. 3118 Councilman Williams moved adoption of RESOLUTION NO. 3118 a resolution designating depository for City Treasurer. Seconded by Councilman Bleken. Roll call vote, all voted aye. RESOLUTION NO. 3119 Councilman Williams moved adoption of RESOLUTION NO. 3119 a resolution setting the interest rate on sidewalk and curb warrants at a rate not to exceed 7%. Seconded by Councilman Grainger. Roll call vote, all voted aye. Councilman Williams proposed the expenditure of $1,165 from Revenue Sharing, Multipurpose and General Government for new lights for,the front office of city hall. Councilman Williams moved approval of the expenditure. Seconded by Councilman O'Boyle. All voted aye. Councilman Williams reported Finance Director Nystul has met with the CPA firms interested in doing the audit of the HUD grant as well as the audit of the Sewer Fund for the revenue bond indenture agreement. Finance Director Nystul reported meeting with these firms this afternoon. One of the problems to be resolved by Mayor Rapp, the Council and City Attorney Donahue is,what type of report or audit does Ordinance 857 require. Councilman Williams moved to grant the Finance Committee power to act in selecting the accounting firm with selection and scope to be discussed at the fourth Friday council meeting. Seconded by Councilman Daley. Motion carried. Councilman Williams reported on the 208 Water Quality meeting held in Polson. The project will continue if funding is obtained. Councilman Granmo reported that the Engineering Selection Committee for the facility plan met today. They have received 5 responses from interested firms. Each is asked to come for a personal interview during the next three weeks. A decision will be made at the end'of that time. Councilman Granmo pointed out that at the last meeting they did not accept the resignation of Ralph Jackson, Building Official, although at this meeting they -. accepted the resignation of his wife. Therefore Councilman Granmo moved to accept with regret the resignation of Ralph,Jackson, effective June 30. Seconded by Councilman Grainger. Motion carried. MISCELLANE01M Mayor Happ reported approval for City Court Judge Willis to attend required school in Missoula, June 1 to 4. - Mayor Happ asked a motion to rescind the resolution on the resubdivision of the Monk property. RESOLUTION NO. 3120 Councilman Griffin moved adoption of RESOLUTION NO. 3120, a resolution to rescind RES_311 the resubdivision Lots 7, 8 and 9, Block 1 of Poston Addition No. 83. Seconded by Councilman Granmo. Roll call vote, all voted aye. 41 Interest has been expressed in leaseing the old dump site on Willow Glenn Drive. The Mayor asked the council to think about it until Friday. City Attorney Donahue reported receipt of an Attorney Generale Opinion approving the city ordinance for sewer hookup charges. Councilman Griffin moved to approve all bonds found to be in order by City Attorney Donahue. Seconded by Councilman Grainger. Motion carried. License & Permit Bonds William P. Driscoll Heinz Starke William. P. Driscoll Tabor Excavation, Inc. Yards's Electric Gas Fitter Plumber Plumber Excavation Bond Electrician City Attorney Donahue said the National Institute of Municipal Law Officers had contacted him again regarding the lawsuit against the federal government on un- employment compensation insurance. The League of Cities and Towns directors are not sure if they are -going to join the suit. Councilman Williams moved to join the suit if a majority of other First Class cities of Montana also join the suit. Seconded by Councilman Grainger. Motion carried. Doug Daniels, Thomas, Dean & Hoskins, has received no official woad yet on the EDA grant application. Councilman Granmo moved to reapply for storm sewer application to EDA and appoint Thomas, Dean & Hoskins to apply. Seconded by Councilman Griffin. Motion carried. Norma E. Rapp, Mayo&e'