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10/16/78 City Council Minutes71 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, OCTOBER 16, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. Mayor Happ welcomed Park Supt. Drent back from his vacation. He has missed only one council meeting in his five years of employment. Councilman Saverud moved that the minutes of the regular meeting of October 2, 1978 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. Councilman Williams moved that the minutes of the special meeting of October 6, 1978 be approved as presented. Seconded by Councilman Daley. Motion carried. OFFICIALS REPORTS City Clerk for July. City Treasurer for August. Director of Public Works, City Judge and Police Chief for September. Councilman Daley moved that the reports be accepted. Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Dixie M. Gaschetdel' Isle presented a petition signed by 38 residents of the 7th Avenue E. N. & Oregon Street area which read as follows: "We, the undersigned, being residents of the vicinity of Seventh Avenue E. N. and Oregon Street wish to express our concern over the traffic problem that exists on Seventh Avenue E. N. Because of the increasing amount of traffic due to subdivisions and construction companies north of the City, we feel the road is not adequate to handle such large amounts of cars and large trucks. We also feel that removal of the existing 4-way stop sign at Oregon & Seventh would threaten the safety of our children as well as other pedestrians and motorists. Councilman Grainger moved to refer the petition to the Street & Alley Committee to refer to TAC. Seconded by Councilman Allen. Motion carried. Chris Hunter, Director of Flathead 208 Drainage Association, addressed the council concern- ing the appointment of a board member from the City. Mayor Happ appointed Councilman Grainger to the Board, who accepted providing the dates of their meetings make it possible for him to attend. Karen Barbee addressed the council concerning the denial of a variance for a real estate office which now houses only an insurance office. The variance was denied by the Board of Adjustment. The property is located on South -Main __'and -Eighth Street West and owned by Garmen Meadows. Ms. Barbee asked what action the council has taken concerning the denial on the request. City Attorney Donahue explained the history of the situation and stated that they are trying to find BOA records on the variance granted in 1970. Councilman Griffin stated that when new zones within the City are approved, these variances will not be allowed after January 1, 1979, but there must be a rezoning. 1 COMMITTEE REPORTS CITY DEVELOPMENT Councilman Grainger reported that he has met with a committee from the Chamber of Commerce that is working on a sign ordinance for the City. It will be ready to present to the Council in the near future. EMPLOYMENT Councilman Grainger had no report. SEWER. & WATER Councilman Granmo had no report. R J HEALTH Councilman Saverud stated that the County Health Board has taken action against one septic tank installer. They have become very strict on new or remodeled spetic tank installation and require rigid inspection. SAFETY Councilman O'Boyle reported that he attended the Flathead County Safety Council on October 9th. The Council unanimously voted to recommend left turn lights for north and south bound traffic on South Main and llth Street in Kalispell, and if this cannot be accomplished that left turn lane be established by striping. A petition was presented to the Council by Mr. and Mrs. Vaughn Gaschetdel' Isle of 460 7th Ave. E. N., signed by 34 residents of the area objecting to the proposal to remove stop signs at 7th Avenue E. N. at the intersection with Oregon Street. The Council recommended further study of this area and that the petitioners remain active. Councilman O'Boyle read a request that Police Chief McDowell and Asst. Chief Hellman be allowed to attend the Police Chiefs Annual Convention in Missoula on November 2nd and 3rd. Councilman O'Boyle moved that the request be allowed if the budget is sufficient. Seconded by Councilman Allen. Motion carried. Councilman O'Boyle read a letter from the principal of Cornelius Hedges School request- ing that there be 'no parking' signs placed on 4th Avenue East in front of the school to allow persons and busses delivering children more room. Councilman Grainger moved to refer the request to the Safety Committee to report back November 6th. Seconded by Councilman Saverud. Motion carried. On request of Asst. Chief Hellman, Councilman O'Boyle moved that the police department be allowed to purchase a tactical alarm system under the crime prevention grant. Seconded by Councilman Allen. Motion carried. Councilman O'Boyle stated that he will call a noon meeting of the Safety Committee on Wednesday, October 18th to discuss a request to purchase a car for use by the detectives. The request stated that it was not feasible for 3 detectives to operate with l vehicle. PARKS Councilman Daley asked the council to adopt a resolution asking for BOR funds for the coming year for the following purposes: 1) Meridian Park: Relocate 1 ballfield, remove 1 ballfield, purchase playground equipment and improve tennis courts; 2) North- ridge Park: Install irrigation system, ballfield, restrooms, playground equipment, landscaping and improve tennis courts; 3) Sunset Park: Ballfield, irrigation system, playground equipment; benches, basketball courts and landscaping. Total estimated cost is $38,000.00, City's share is $19,000.00. RESOLUTION NO. 3199 Councilman Daley moved to adopt Resolution No. 3199 a Resolution on Acquisition or Development for Outdoor Recreation under the Land and Water Conservation Fund Program in the amount of $38,000.00. Seconded by Councilman Griffin. Roll call vote. All voted aye. LIONS PARK TOURIST CENTER Councilman Daley reported that the information center and museum had not been open this past summer due to the illness of Larry Stem, lessee. However, Mr. Stem feels now that he will be able to operate it next year and will let us know definitely by January 1, 1979• STREET & ALLEY Councilman Allen reported on his meeting with the handicapped. They are trying to obtain a model ordinance. They are satisfied with the parking assigned to them on the streets and asked about the possibility of obtaining one spot in off-street parking. They will furnish and issue stickers to the handicapped and also to organizations that transport handicapped persons. RESOLUTION NO. 3200 Councilman Allen moved to adopt Resolution No. 3200 a Resolution to Authorize and Direct the Chief of Police and Director of Public Works to establish Eleventh Street as a through "stop" street and to install appropriate signs therefor. Seconded by Councilman .73 Daley. Roll call vote. Councilman Griffin voted no. All others voted aye. Resolution adopted. ORDINANCE N0. 899 Councilman Allen moved to enact Ordinance No. 899 an ordinance to amend Section 17-54, Kalispell City Code, to provide for no parking on portions of Eleventh Street West and South Main Street. Seconded by Councilman Saverud. Roll call vote. Councilman Griffin voted no. All others voted aye. Ordinance enacted. ANNE7{ATION ORDINANCE NO. 900 Councilman Griffin moved to enact Ordinance No. 900 an Ordinance to Extend the City Limits to include Buffalo Head Annexation #92 with RAl zoning with the following cond- itions: 1) That all water and sewer systems be approved by the State Department of Health and the City of Kalispell; 2) That a waiver of the right to protest an SID for storm drains be presented to the City of Kalispell; 3) That the developer limit the units (91) within the existing plan to single family detached and row house units and the design concept as submitted and an RA-1 zoning be established in accordance with the new city ordinance; 4) That in addition to the covenants, conditions, and restrictions submitted, the developer prepare for recording Homeowners Association documents to pro- vide for exterior maintenance of the grounds, open space, structures, private roadways, snow removal, garbage collections, etc. That the Homeowners Association be responsible for, but not limited to the above including sanding, paving, sweeping, flushing, sign- ing, parking, etc.; 5) That the developer make the City of Kalispell part and party to the covenants; 6) That the 3 acre church site as designated on the plat be assured by covenant and dedication on the final plat; 7) That fire protection facilities be installed as required by the City of Kalispell; 8) That the private streets be paved to a 24 foot width; 9) That the City of Kalispell be held harmless for damage to the landscape by fire trucks and other city vehicles during the normal course of business; 10) That the City will during repair and maintenance of underground utilities, bed and compact 1 foot around pipes, backfill and leave the final compaction, repair of land- scape and roads to the Homeowners Association; 11) That easements be provided for maintenance and repair of the underground utilities; 12) That the private streets be part of the common area for taxes assessed to the homeowners; 13) That letters of waiver for fire protection and garbage collection be received by the City of Kalispell prior to the City providing these services; 14) That a variance be granted to the street design standards of the Subdivision Regulations and City standards to allow for 24 foot private roads and that the design of intersections and turning radius on private roadways be coordinated with the City of Kalispell Public Works Director to facilitate equipment access; 15) That park land be dedicated to the City of Kalispell as shown on the preliminary plat, and; 16) That the land use section of the Covenants specifically state the number of dwelling units permitted on each lot and whether attached or detached as per the preliminary plat. Seconded by Councilman Granmo. Roll call vote. Councilman Williams and Griffin voted no. All other councilmen voted aye. Ordinance enacted. RESOLUTION NO. 3201 Councilman Griffin moved to adopt Resolution No. 3201 a resolution to approve as a sub- division of the City, Buffalo Head Addition No. 92. Seconded by Councilman Allen. Roll call vote. Councilmen Williams and Griffin voted no. All others voted aye. Resolution adopted. FINANCE RESOLUTION NO. 3202 Councilman Williams moved to adopt Resolution No. 3202 a resolution to approve a transfer among,appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 1977-78 Fiscal Year. Seconded by Councilman Allen. Roll call vote. All voted aye. MISCELLANEOUS Mayor Happ reported that the Public Service Commission unanimously moved to adopt the proposed sewer charge of 85% of the adjusted water bill. Mayor Happ announced a meeting of the APO Staff and the City Council at 7:30 P. M., October 17th to discuss and review the new zoning and proposed changes. 874 :�: � 1 • ! I I . NUI�1Y :''� �1YYW�11Y1 Councilman Allen moved to confirm the appointment of Al Miron by Mayor Happ to a 3 year term on the BOA beginning October 16, 1978. Seconded by Councilman Grainger. Motion carried. Mayor Happ read a letter of resignation from David "Moose" Miller from the BOA effective November 13, 1978. In his letter he stated that with the adoption of the new city code on zoning he will not be eligible to serve because of the residency requirement. Mr. Miller has just moved outside the city limits. Councilman Williams moved that the resignation of Mr. Miller be accepted with regret. Seconded by Councilman Saverud. Motion carried. LICENSE & PERMIT BONDS Robert L. Mack dba Bob Mack Plumbing gas fitter Bond Robert L. Mack dba Bob Mack Plumbing plumber Bond Councilman Allen moved that all license and permit bonds reviewed by City Attorney Donahue be approved. Seconded by Councilman Daley. Motion carried. Councilman Allen moved to adjourn. Seconded by Councilman Grainger. Motion carried. Minutes approved as presented November 6, 1978. Norma E. Happ, or ATTEST: Marjollie Giemmann, City Clerk 1 ri