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12/15/75 City Council Minutes454 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, DECEMBER 15TH IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCIL- MAN SCHWARTZ ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Williams moved that the minutes of the regular meeting of December 1, 1975 be approved as presented. Seconded by Councilman Bergstrom. Carried. Councilman Williams moved that the minutes of the special meeting of December 8, 1975 be approved as presented. Seconded by Councilman Granmo. Carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for October, 1975- Police Judge, Police Chief, Director of Public Works and Sanitarian Reports for November, 1975• Councilman Daley moved acceptance of city officials reports. Seconded by Councilman Sliter. Carried. HEARING - Final Action on Resolution No. 3037 (S.I.D. 315) There being no protests heard, Councilman Williams moved Resolution No. 3037 (S.I.D. 315) be finally passed and adopted and the costs be levied accordingly. Seconded by Councilman Allen. Roll call vote. All voted aye. ORDINANCE N0. 848 Councilman Williams moved enactment of Ordinance No. 848 an Ordinance to amend Section 7 of the zoning ordinance of the City of Kalispell to rezone Lots 1, 2, 3, and 4 of Lloyd's Addition from No. 1 Residential Zone to No. 5 Business -Residence Zone. Seconded by Councilman Allen. Roll call vote. All voted aye. ADDRESSING TEE COUNCIL Margaret Onstad, 712 7th Avenue West presented letters from residents of 7th Avenue West stressing health and home damage in support of the application for storm sewer funds from the CDA. Ray Managhan, representing the Senior Citizens of Flathead County, presented a petition for a traffic light at the intersection of First Avenue West and Fourth Street for the benefit of senior citizens and others crossing at this point. The petition was signed by 118 members of the Flathead Association of Senior Citizens, Inc. Mayor Happ stated that Mr. Managhan had presented the request before, but the idea of a signed petition seemed better. The petition will be presented to the proper committee and probably when the traffic lights are updated, one will be requested at this location. AUTHORIZE CALL FOR BIDS Councilman Olson moved that Water Supt. Longpre be authorized to call for bids for chlorine. Seconded by Councilman Sliter. Carried. COMMITTEE REPORTS Councilman Williams, city representative on the City -County Planning Board, reported that at their meeting on December 9th, board member Keith Allred resigned because of conflicting time schedule. He reported on the progress of the Stewart & Janes proposed addition. He will be reporting progress on the South Gate proposed addition in the near future. Councilman Williams announced that the Board was given a schedule of preliminary hearings on Comprehensive Plan with the first meeting to be held on Thursday, January 9th at 8:00 P. M. at the High School. Additions have been made to the Comprehensive Plan in respect to the urban density of Northwest and Evergreen areas, that have not been reviewed or approved by the City Council and that he felt that if questions had not been raised regarding these additions, they would have gone to public hearings with the additions in place. The motion was made and passed to delete the additions until the staff can come back with valid additions to the plan. For instance, in the Evergreen area, the staff seems to have overlooked the fact that there is commercial and industrial development along LaSalle Road with no provision 455 on what has already taken place. It was the recommendation of the CCPB that the staff come back with additions to the plan relative to what has already taken place, especially on Highway #93 and the extreme Northwest portion of the City and these additions will be brought to the City Council for their approval. STREET AND ALLEY Councilman Allen reported a letter from the State Highway Commission concerning the request by Flathead County for the senior citizens for restricted parking at the St. Matthews School where the senior citizens eat hot lunch. The school asks that the parking restriction be only at the Main entrance to the school on Main Street from 7th Street north 120 feet and only 8 to 5, Monday thru Friday. Councilman Allen moved that "no parking between 8 A.M. to 5 P.M., Monday through Friday" be placed at the main entrance of the St. Matthews School on Main Street from 7th Street north 120 feet. Seconded by Councilman Williams. Carried. l' -99 Councilman Daley reported the committee is working on plans for ball fields south of town at the city airport. IilD96b Councilman Daley reported that the county dog pound is now open and the city is taking dogs picked up to the pound. There is a conflict in that our ordinance requires us to keep dogs 5 days before they are disposed of or sold and the county rules say 72 hours. Dog Catcher Kimbrell reported that the county is releasing dogs that were picked up in the city without requiring a license. This also conflicts with our ordinance. There will be a meeting with the county commissioners and manager of the county dog pound to solve the problems. ORDINANCE NO. 849 Councilman Daley moved enactment of Ordinance No. 849 an Ordinance to amend -, Ordinance No. 704, Section 4-19 which reads "All dogs retained in the 5 days after notice is mailed to owner" to read: "All dogs retained in pound for the pound for 72 hours after notice is mailed to owner", effective immediately. Seconded by Councilman Sliter. Roll call vote. Councilman Bergstrom voted no. Ordinance enacted. Councilman Sliter presented the following claims for projects which are completed and moved they be paid: Robert Muir Graves - Architect for Golf Course $8,285.00 Lloyd C. Lockrem, Inc. - Contractor for Sid 315 $8,025.48 Trails End Construction - Storm Sewer Project $1,132.00 Seconded by Councilman Daley. Carried. City Accountant Nystul reported that due to the late tax notices, our tax revenue will not be received until January or later. The City has $27,787.47 SIDS & C'. coupons which come due January lat. There is $13,000.00 in the SID Revolving Fund which could be used as payment and recommended $14,660.00 be transferred from the General Fund to the SID Revolving Funds and be paid back when tax funds are received. Councilman Sliter stated that the coupons and bonds should be examined by the City Attorney Donahue to determine what would happen if we were 30 or more days late with payment. 1 Councilman Sliter moved that the finance committee consult with City Attorney Donahue concerning payment of SID and S & C coupons and be given power to act if fund transfers are necessary. Seconded by Councilman Allen. Carried. Councilman Granmo, city representative on County Refuse Board, reported that the refuse site will be closing at 6 P.M. rather than 9 P.M., but that the new hours will cover hours sufficient for city use. SEWER & WATER Councilman Olson asked City Attorney Donahue to explain certain problems that have arisen on the 7th Avenue property which we have optioned to buy for a holding pond. 456 City Attorney Donahue explained that when the property was subdivided, there were certain restrictions as to its future use. There are two wells and certain water rights. Adjoining property owners have expressed concern that if the city uses the property for a holding pond for storm sewer water, the wells which are right next to the property may become contaminated. These property owners want assurance from the city that if the wells become contaminated the city will furnish them with free water. They are outside the city limits and outside the area served by city water lines. They want to restrict any buildings being built on the property and a fence placed around the property. They further want the city to waive any water rights, in other words the right to their well. This is no problem as long as it is a holding pond, but if we were to sell the land and revert back to residential area, then water rights should revert back also. These things must all be ironed out before we purchase the property. Councilman Olson asked that Mayor Happ request Director of Public Works Knebel to look into size of lines, engineering costs, etc. in case their wells become contaminated and we have to put in water lines. He also asked that tests be made of water samples from the wells to determine they are pure at this time. Councilman Olson reported a bill from the county refuse site for $1213.00 for sludge hauled to the site from the wastewater treatment plant. City Attorney Donahue stated he is drafting a letter to Morrison-Maierle Engineers which will include the disposition of this bill. Councilman Olson reported that Russ Rieben told him they wouldrather not take the sludge in the soft form hauled last summer, but would if given 2 weeks notice and the cost would be $1.00 per yard. Councilman Olson moved the city proceed with installation of two water hook-ups and one sewer hook-up to the Peiffer property just off Meridian Road, outside the city limits, in return for donation of land for a well site, with authorization for title clearance costs by the city. Seconded by Councilman Sliter. Discussion followed on best sites for a well. Mayor Happ has sent a letter to the Fish & Game Department in Helena asking about a portion of their property just off Meridian Road for a well site in return for free water or other consideration. Councilman Sliter moved to amend the motion to give the Sewer & Water committee power to act and empower Mayor Rapp to do whatever has to be done. Seconded by Councilman Bergstrom., Vote on amendment carried. Vote on motion carried. Consideration of buying Gosney Property for $7,500.00 tabled until we hear from Fish & Game Department, which should be :'.before the first meeting in January. Councilman Olson reported a list of uncollectable ambulance accounts in the amount of $3,633.00. These accounts go back to 1970 and have all been turned over to the credit bureau. City Accountant Nystul asked that the city be allowed to charge these off. Tabled until next meeting. Councilman Olson reported a meeting with Dave Stably a week ago at which -time Mr. Stably stated that we may not get our initial request of approximately $400,000.00 all at once, but may get it in $100,000.00 or $150,000.00 payments over a period of time. Reporting on the bond sale for the let Avenue East storm sewer project, both City Attorney Donahue and City Accountant Nystul have been in contact with John Easley of D. A. Davidson who has been hired to sell the bonds, and Mr. Easley states that their attorneys are very slow and will be working on it after January 1st. BUSINESS Councilman Bergstrom reported that he had attended the Local Government Study Commission meeting this afternoon and that they had voted unanimously to place the city manager form and present form of government on a ballot for a choice of the people, in June, 1976. Mayor Happ reported a letter from Retail Trades Council of the Chamber of Commerce thanking the City for the $2,000.00 which was contributed toward the purchase.of the new Christmas Decor. Mayor Rapp read a letter from Donald G. Lindahl, President of FVCC, thanking Chief of Police McDowell and his staff for their very prompt and effective response to their call. He continued "I am sure that your swift response saved many dollars in -damage and personal injury. Please do not hesitate to call upon us if we can be of service to you." 457 Mayor Happ appointed City Development Committee Chairman Granmo, and his committee members, Councilmen Olson and Schwartz to review and recommend plans for use of the building and lots just south of city hall, purchased from Willard Johnson. LICENSE & PERMIT BONDS L. C. Shamp Plumber Bond Columbia Falls L. C. Shamp Gas Fitter Bond Columbia Falls ' Eddie Sheppard, dba Pawnbroker Continuation Certificate Sheppards Secondhand Store Kalispell Eugene R. Thomas, dba Electrician Continuation Certificate E. Thomas Electric Kalispell Arthur Harker, dba North Plumber Continuation Certificate Valley Plumbing & Heating Whitefish John a. Vincent, dba Plumber Continuation Certificate Vincent Plumbing Kalispell Councilman Allen moved approval of all license & permit bonds as reviewed and approved by City Attorney Donahue. Seconded by Councilman Olsen. Carried. City Attorney Donahue reported a complaint of an encroachment on city property by Building Inspector Jackson at 472 Second Avenue West North. City Attorney Donahue reported that he is holding up payment of a $100.00 refund deductible request on an insurance payment where water from the hydrant ran into ' the street and consequently into a basement and caused damage. Reading the insurance policy, it would seem to him that the only deductible clause concerns sewer back-up damage, which is not the case on this claim. City Attorney Donahue reported that he had argued the Rygg vs Board of Adjustment case before the Supreme. Court and that a decision will be made in 30 to 60 days. Councilman Williams moved adjournment. Minutes approved as presented, January 5, 1976. ATTEST: