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09/06/77 City Council Minutes2,`.?6 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., TUESDAY, SEPTEMBER 6, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. F1111 n ki I IV 9 Councilman Grainger moved that the minutes of the regular meeting of August 8, 1977 be approved as presented. Seconded by Councilman Williams. Motion carried. Councilman Williams moved that the minutes of the regular meeting of August 15, 1977 be approved as presented. Seconded by Councilman Daley. Motion carried. OPEN BIDS — Ambulance I FIRM SECURITY 311) Prestige Vehicles Bdd Bond Dodge Maxi —Van $17,732.25 Delivery Charge to Kalispell 589.00 As we do not take trade—ins, our Representative,: Mr. Mike Grosvenor, from Bloomington, Indiana will make an independent or separate offer on this unit. Chassis is expected approximately the third week in September. Prestige Vehicles (supplement bid) 1978 Dodge Maxi —Van 17,732.25 Less trade of 1974 Modulance 7,500.00 Total Price 10,232.25 Delivery Charge, if any: 589.00 North American Ambulance Sales Bid Bond 1978 Dodge Amliner VII 21,305.00 Allowance for trade in 3,700.00 Total Price 17,605.00 Delivery 60 to 90 days after receipt Alternate Bid: of 1978 model at factory in Alabama. 1977 Stock Amliner VII Dodge 20,701.00 ' Allowance for trade in 4,500.00 Total Price 16,201.00 Delivery immediately — subject to stock. Prices quoted include $750.00 delivery charges to Kalispell from factory. Councilman Daley moved the bids be referred to the Safety Committee to report back at next meeting. Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Don Robinson, 1995 — 5th Ave. East requested a variance to construct 2 apartment buildings on 1 lot. The tract is in excess of 30,000 square feet. Mr. Robinson wishes to build a 4—plex and a duplex, rather than 1 8—plex._ He has sufficient parking and a 25 ft. driveway. Councilman Griffin reported that the annexation committee has no adverse feelings about the two buildings, but because it does not concur with city ordinance, Mr. Robinson must have permission from the council. Councilman Williams moved that Mr. Robinson be allowed to build a 4—plex and a duplex at 1911 — 5th Avenue East. Seconded by Councilman Griffin. Motion carried. Lorraine Clausen, 329 loth Ave. West, addressed the council concerning 18 mailboxes in front of her home which serve apartment residents across the street. She stated that they are a hazard to the safety of visitors and to herself. Mayor Happ stated that she has investigated the situation with the post office depart— ment and she feels that it is their problem. The mailman will not cross over to the other side of the street. Councilman O'Boyle stated that he also has investigated the problem and the postal officials say it slows down delivery to deliver mail on the other side of the street. �c�7 Councilman Griffin moved that the problem be referred ,to the Safety Committee. Seconded by Councilman Williams. Henry Nelson, an area resident, stated that for the last 2 months mail has not been put in these boxes, but is delivered to a large box in another area where these tenants pick up their mail. Question called. Motion carried. Steve Petrini, APO Director, reported that the proposed zoning ordinance has been reviewed and revised by City Attorney Donahue and himself and is now ready for public ' hearings. Council agreed that only a few copies be made at this time. Councilman Williams moved that the first public hearing on the proposed zoning ordinance be set, for September 26th. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING - Hendricksen Addition #70 Mayor Happ asked 3 times if there was anyone who wished to speak for or against this addition. No one responded. Councilman Griffin moved that the Hendricksen Addition #70 be annexed to the City with the following APO recommendations: 1. That all water and sewer systems be approved by the State Department of Health and County Sanitarian. 2. That the area be zoned as No. 1 Residence District. 3. Waive protest of SID-for-sewer extension. Seconded by Councilman Granmo. Motion carried. PUBLIC HEARING - Bertschi Addition #75 Attorney Ted Lympus, representing the petitioner, addressed the council with information ' concerning the annexation. The property was sold to Mr. Bertschi by Harley Gosney with the stipulation that if it is not annexed to the City with zoning to build a soft drink establishment, Mr. Gosney will buy back the property. He stated that the business would help with the taxes it would pay to the City. All facilities are available to the area and there would be no undue burden. It does abut #5 zoning. J. Austin Miller stated that the plans are for an expensive building and he would like to see Yalispell retain it within their city limits. - Councilman Griffin stated that when he was campaigning in the Adams Addition, some of the residents of the Adams Addition expressed concern about any more commercial area on Meridian Road. He stated he would like to see it built in another area. Councilman Williams moved that the Bertschi Addition be annexed to the City with the following recommendations: 1. Proposed zoning be #5 2. That all water and sewer systems be approved by the State Board of Health 3. That the petitioners donate 5 extra feet along the west boundary line of Meridian Road 4. Adequate provision be made for storm water runoff. Seconded by Councilman Daley. Councilman Griffin voted no. Motion carried. COMMITTEE REPORTS ' CITY DEVELOPMENT Councilman Grainger had no report. Councilman Grainger had no report, except that wage raise with the police department has not been resolved. Doug Daniels, Thomas, Dean & Hoskins Engineers, reported that construction contract for the new city well have been executed by the contractor and will be presented to the 228 City for review and signatures this week. Mr. Daniels reported that the EDA Grant was received for the WestNorth Storm Drain System on August 17, 1977. Construction must begin within 90 days. Councilman Granmo moved that the City Clerk be authorized to call for bids for construction for the WestNorth Storm Drain System. Seconded by Councilman Allen. Motion carried. Councilman Granmo moved that Finance Director Nystul be authorized to engage a firm to sell sewer bonds.to finance the engineering fee for the EastNorth Storm Drain Project. Seconded by Councilman Grainger. Motion carried. Councilman Granmo reported that Tom Flynn is progressing with the water rate study to be presented to the Public Service Commission for a request for an increase in the water rate. SAFETY On request from Police Chief McDowell, Councilman O'Boyle moved that Patrolmen Kevin Appel, gregory Burns and Paul Hahn be permitted to attend Basic Montana Law Enforme- ment Academy at Bozeman from September 25th to November 4th with mileage and per diem allowed. Seconded by Councilman Williams. Motion carried. On request from Police Chief McDowell, Councilman O'Boyle moved that Patrolman Robert Lanfear be permitted to attend Intermediate Law Enforcement at Bozeman September llth through the 23rd, with mileage and per diem allowed. Seconded by Councilman Allen. Motion carried. On request from Police Chief McDowell, Councilman O'Boyle moved that Chief McDowell be permitted to attend National Guard Camp at Ft. Irwin, California, September loth through the 24th. Seconded by Councilman Daley. Motion carried. Councilman Daley reported that the bid for sand for the golf course was awarded to McElroy & Wilken. The bid for Bentonite was rejected. RESOLUTION NO. 3143 Councilman Daley moved adoption of Resolution No. 3143 a resolution of intent to authorize the City to levy and assess the costs of BID #324 construction. Seconded by Councilman Williams. Roll call vote. All voted aye. STREET At the request of Councilman.Allen, Street Foreman Clements reported that all curb work is complete on Center Street and work is progressing well on the street. The crews are also working on 2nd. Ave. West. Councilman Allen reported a memorandum from City Attorney Donahue concerning the ability of cities to regulate off-street parking. The memorandum states in part "It is my opinion that the City does have power to regulate, through establishing parking regul- ations and installing parking meters on publically owned and controlled off-street parking facilities. This opinion is based on the decision of the Supreme Court in the case of Glodt - vs,_- MissouAa (121 M 178). This case holds that parking meters are valid and a parking meter fee is a "license fee" rather than a tax." The entire memorandum is on file in the office of the city clerk. ANNEXATION Kalispell Addition No. 81 (Lots 33-44, Paxkview Terrace, Addition No. 1) Councilman Griffin presented the following report on the above property: These 12 lots were platted and recorded as a part of Parkview Terrace Addition No. 1, but for some reason or reasons, were not annexed to the City with the ifalance of the subdivision. The developer, Mr. Stan Pine, would like to have the City Council of Kalispell, continue the review of the Annexation of the above mentioned subdivision. The following conditions should be met by the developer prior to final approval of the annexation: C),`?9 1. That Lots 33-44 be annexed as a No. 1 residence district zone. 2. That fire hydrants be installed as required by the City Fire Chief. 3. 1 That the balance of Harrison Boulevard be curbed and paved to the City standards. 4. That cash -in -lieu of park land be accepted, but refunded if land is obtained in next addition. 5. That the water and sewer systems be approved by the City Engineer and the S'Late Health Department. Request that developers engineer confer with City Engineer to study the reported problem of the wet well at the sewage lift station being short in capacity. 6. That the developer prepare covenants that make the city council part and party to the covenants. ORDINANCE N0. 880 Councilman Griffin moved enactment of Ordinance #880. an ordinance extending the city limits to include Park View Terrace Addition #81 as an R1 zone. Seconded by Councilman Grainger. Roll call vote. All voted aye. RESOLDTUON NO. 3144 Councilman Griffin moved to adopt Resolution #3144 a resolution of intention to annex Park View Terrace Addition #81. Seconded by Councilman Daley. Rollcallvote. All voted aye. - - _- Councilman Griffin moved to refer a petition to annex Summit Ridge (J. Austin Miller property) to the annexation committee. Seconded by Councilman O'Boyle. Carried. 208 Drainage Councilman Williams reported on the meeting and preliminary draft for the 208 Drainage Study which was attended by Director of Public Works Knebel, Councilman Daley and himself. The draft dealt with urban growth in Flathead County. FINANCE Councilman Williams reported that the finance committee met and reviewed claims for the City for August, found them in order and moved they be paid. Seconded by Council- man Allen. Motion carried. m rgr+ztt.T. AnranTrg Mayor Happ reported that the City's share for Ashley Lake Water and Storage Rights is $2,000.00. Mayor Happ reported a letter from Hockaday Art Center thanking the Council for the use of Depot Park for their Art Festival. NEW CITY HALL COMPLEX Councilman Allen moved that the council grant approval for curb cuts for the new city hall complex. Seconded by Councilman Daley. Motion carried. Mayor Happ reported that the State Historic Preservation Officer wants detailed plans of the old city hall. This was agreed to by the Mayor in order for them to concur with the future demolition of the building. The State Board of Health wants detailed plans for the new jail facility. Mayor Happ reported a letter from the Flathead County Commissioners stating that they are opposed to the City enforcing a building code outside the city limits. Councilman Griffin moved that Mayor Happ send a letter to the Montana Department of Administration in Helena, requesting permission to enforce building code regulations within a 4J mile radius outside the city limits. Seconded by Councilman Williams. Motion carried. Director of Public Works Knebel received a request from Rev. A. F. Olsen to park a trailer house on church property at 499 5th Ave. E. N. & Montana St. as a standby. parsonage. Request ddnied because it is against city ordinance. Councilman Allen moved that Mayor Happ and 1 fireman be permitted to attend a meeting in Billings on September 15th which will be concerning Emergency Medical Training. Seconded by Councilman Daley. Motion carried. `?30 Councilman Allen moved that 1 city official be permitted to attend the National Association of Housing and Redevelopment Officials Conference in Helena on September 16th. Seconded by Councilman O'Boyle. Motion carried. Mayor Happ reported that the City is being sued by the Adult Book Store regarding hee refusal to issue movie theater license to the establishment. The Safety Committee reported that there has been considerable signing and painting of crosswalks for the schools. Building Official Shoemakerreported that he is working long hours and has caught many persons in violation of the city building code or construction without a building permit. A stop order has been issued on an apartment house which has been remodeled without a building permit and has many violations. The property is owned by Wayne Powell. Councilman Griffin reported that Pacific Power & Light is going to start tomorrow moving utility poles back for the let. Avenue East Project. He requested meter hoods for 1 side of 2 blocks of 1st. Avenue East so they will have room to work. Montana Power will be moving their gas lines in the spring. The work will be done by Pack & Company, who also have the construction contract for the project. There being no further business the meeting was adjourned. ATTEST: Mar rie Giermann, Deputy City Clerk I 1