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12/03/79 City Council Minutes15-0 7 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P. M.,.MONDAY, DECEMBER 3, 1979 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN GRAINGER WAS ILL. ALL OTHER COUNCILMEN WERE PRESENT. Councilman O'Boyle moved that the minutes of the special meeting of November 15, 1979 be approved as presented. Seconded by Councilman Daley. Motion carried. Councilman O'Boyle moved that the minutes of the regular meeting of November 19, 1979 be approved as presented. Seconded by Councilman Granmo. Motion carried. Councilman Saverud moved that the minutes of the special meeting of November 21, 1979 be approved with the correction on page 504, paragraph 6, to read 40 and 39. Seconded by Councilman O'Boyle. Motion carried. ' PUBLIC HEARING- Circle K Annexation Mayor Happ made 3 calls for anyone wishing to oppose the annexation of Circle K at Meridian and Appleway. Mayor Happ asked if anyone wished to speak for the annexation. No one responded to either call. Councilman Smith stated that she wished to postpone the motion to hear the first reading of the ordinance which would extend the city limits to include Circle K until she talks with the developer. There is a question of a 5' right-of-way to widen a street which has not been resolved. The developer of Circle K was asked to attend an annexation committee meeting on November 28th, but did not appear. COMMITTEE REPORTS SAFETY Police Chief Stefanic reported a letter fron Northwest Telephone requesting 10 meter bags to be used by employees while working throughout the city. Councilman O'Boyle moved to refer the request to the Safety Committee with power to act. Seconded by Councilman Daley. Motion carried. SEWER & WATER Councilman Granmo reported that the Sewer & Water committee will be meeting with repre- sentatives of the State Health & Environmental Sciences Department regarding a permit for 'injecting sludge into the soil. If the permit is received the injection machine will be ordered. WASTEWATER TREATMENT ODOR SUIT City Attorney Donahue reported that he has filed an answer on a third party complaint against Morrison-Maierle, Engineers, Magney Construction Company, and General Signal Company asking for costs of defense, that the engineers, manufacturer and contractor provide city with a plan for a wastewater treatment plant that will work, and punitive damages in the amount of $500,000. Copies have been given to council members, EPA in Denver and the State of Montana Environmental Health & Sciences Department. City Attorney Donahue is being assisted by Sy Larrick a very capable insurance attorney. ORDINANCE #939 /54- PCS- Councilman Saverud moved that the City Council adopt the1979 Uniform Building Code, 1979 Uniform Mechanical Code and the following sections which occur beyond Chapter 60 in the Appendix: Chapter 23 - Earthquake; Chapter 48 - Cellulose Nitrate; Chapter 49 - Patio Covers; Chapter 51 - Elevators; Chapter 53 - Energy Conservation and Chapter 55 - Membrane Structures. Seconded by Councilman Granmo. Roll call vote. All voted aye. AUTHORIZE CALL FOR BIDS- Walts Auto Shop Councilman Saverud moved that the council authorize the Parking Commission to advertise for bids for the removal of Walts Auto Shop at 1st Street & 2nd Avenue East (property purchased for a parking lot) with bid opening on January 7th. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING - PARKING S.I.D. Councilman Saverud moved that a public hearing be set for 7:30 P. M. January 10, 1980 in the council chambers to set an S.I.D. formula for off-street parking. Seconded by Councilman Daley. Motion carried. Councilman Saverud moved to refer a request from the Parking Commission to engage a financial advisor and bond underwriter to the Finance Committee to report back at the next meeting. Seconded by Councilman Smith. Motion carried. STREET & ALLEY Councilman O'Boyle reported that TAC is working on a request from the Supt. of Schools to install a traffic light at Russell School. 5-- O TAC is also studying the problem of Mission Street. One suggestion is to make it on going up the hill. CURB CUP - Trippet's Director of Public Works Kain reported that he issued a stop work order for a curb cut at Trippet's because it was not allowed by the council. Councilman O'Boyle reported that he received a call from Trippet's attorney who stated that he and Mr. Trippet would like to be present when it is considered. Mayor Happ called for a Street and Alley committee meeting at 10 A.M. Wednesday, Dec. 5th to review Trippet's request for a curb cut and Northwestern Telephone's request for meter hoods. PARKS, RECREATION, AIRPORT ORDINANCE #940 Councilman Daley moved the first reading of Ordinance #940 an ordinance to repeal Article VIII, Sections 2-43, 2-44, 2-45, and 2-46, to designate the Mayor as executive and administrative officer of the City in charge of city parks. Seconded by Councilman Smith. Roll call vote. All voted aye. ORDINANCE #94oA Councilman Daley moved the first reading of Ordinance #940 an ordinance to amend Ordinance #659, Article I, Section 17-13 to prohibit brush, trees, etc. from encroaching on City sidewalks and walkways. Seconded by Councilman Zauner. Roll call vote. All voted aye. Councilman Daley moved to request City Attorney Donahue to provide the council with an ordinance or resolution authorizing the City of Kalispell to budget funds for fines for any pending or future suits brought against the City, city elected officials, appointed officers or employees of the City. Seconded by Councilman O'Boyle. Motion carried. EMPLOYMENT Councilman Zauner had no report. 1 RESOLUTION #3269 Councilman Smith moved to adopt Resolution #3269 a resolution to approve the resubdi- vision of Lot 1 of Brown's Addition with the 40' easement assigned to the City of Kalispell for ingress and egress to the property to be maintained by the owner. Seconded by Councilman O'Boyle. Discussion followed on location of garbage pickup. Councilman Smith moved to amend the motion to add "garbage pickup at a location designated by the Street & Alley committee". Seconded by Councilman Daley. Question called on amendment. Roll call vote. All voted aye. Question called on Resolution. Roll call vote. All voted aye. Councilman Smith announced an annexation committee meeting at 4 P.M. Wednesday, December 12th to discuss Circle K, Double L, Ken Way, and E1 Dorita Village annexations. Mr. Schaeffer addressed the council concerning the slow progress of annexing his develop- ment, The Pines. the checklist has been signed by everyone but the City Clerk and City Attorney. Mr. Schaeffer was invited to the annexation meeting. FINANCE Councilman Ruiz reported the finance committee has audited the claims for November and moved that all those found to be in order be paid. Seconded by Councilman Daley. Motion carried. MISCELLANEOUS BUSINESS LICENSE & PERMIT BONDS Ronald R. Meacham, dba AAA Electric, Col. Falls Paul A. Spade, dba Canyon Heating & Cooling Electrical Contractor Gas Fitter §0 Councilman Daley moved that all license and permit bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Zauner. Motion carried. Mayor Happ reported briefly on her trip to the League of Cities and Towns convention0 9 in Las Vegas. She said there was an attitude of general despair for cities. Their first resolution was a request for the continuation of revenue sharing funds. There was a portion of the convention devoted to conservation of energy and a debate on nuclear energy. Mayor Happ said she would have a more detailed report at the next meeting. Director of Public Works Kain thanked the Mayor and Council for working with him. The Group Health Insurance policy will be advertised for bids in December with bid opening January 21st. Mayor Happ announced a staff meeting at 9 A.M. Wednesday, December 5th. Mayor Happ thanked Council President Daley for looking after her duties while she was away. Councilman Granmo moved to adjourn at 9 P.M. Seconded by Councilman Saverud. 1%btion carried. Minutes approved as presented December 17, 1979 Norma E. Happy Mtkyor ATTEST: nA Marjor' Giermann, City Clerk ��