01/10/72 City Council Minutes197
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA
WAS HELD JANUARY 109 1972 IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P, M,
MAYOR BJORNEBY PRESIDED. COUNCILMAN 09BRIEN ABSENT. ALL OTHER COUNCILMEN
PRESENT.
READING OF MINUTES
The minutes of the regular meeting of January 3, 1972 were read. Councilman
Thomas moved approval of the minutes as,read. Seconded by Councilman,Miron.
Carried.
CITY OFFICIAL REPORTS
Clerk and Treasurer for November.
City Engineer, Police Chief, Police Judge, Sanitarian for Decembere —Councilman.
Miron moved acceptance of the city official reports* Seconded by Councilman
Daley, Carried.
ADDRESSING THE COUNCIL
No one appeared,to address the council.,
HEARING - Spot Garage - Mayor Bjorneby read the following notice:
KALISPELL, MONTANA 59901
December 10, 1971
NOTICE
TO: The owner or Operator of The Spot Garage
623 T7e54 Id iio
Kalispell, ontana 59901
You are hereby notified that on Dace^her. 6, 1971 a written
to the t_ay,7r ar I City Council of the City of
that you are in violacic of Chapter ;-13, Article iI
of the ;Sall: ? li City Code. The C'o-i %iall2t states as follows:
as iiighway t.'2 at the location of the Snot Garaq,e there
is a large collectio.•1 of j:i::::,3d cars, miscellaneous
Scrap iter,_ t and rash anc> -his accumulation is offensive
and should be removed or con?lotely screancd from public
view in a panne: sa :;`actory to the City Council.
At a regular meeting held December 6, 1971 the City Council
'c1-d good cauC3 to sc&odule. a pu'"-c hoari::c-, nafore said Council
G_= laic: coranl int. Said hezrinc %,1-11 be held in the Cornell -
C::a-nbcrs of the City '"'all oL ;:'szc Ci:y c -alisppll at the regular
City Council ioetinq Januear_r 10, 1972 commencing at 7:30 P.11. At
z<t t.m= tho City Council kill receive evidenc,^ and testimony,
oath, from the: co,mplai :ant and its wit—TLCS.Sas as *loll as the
o:vmer and/or operator of Said Spot «arage and his witnesses.
You are hereby notified that you may appear at said hearing
and present any evidk-nce or te5ti*ony, under o-ath, in your behalf.
You may be represented by an attorney if you so desire.
Dated this L� ` 3 y of December, 1971.
t .,g rtnYOR AND CITY COUNCIL
CI'z'Y Oil, xt%LISP2LL
198
Mayor Bjorneby asked if there was anyone present representing the complainant, Mr.
C. D. Phillips, attorney, stated that he represented the complainant, Kalispell Chamber
of Commerce, and called Mr. Forrest Boles, Executive Vice President of the Kalispell
Chamber of 'Commerce to testify under oath.
Four exhibits (photographs) were presented as evidence and Mr. Boles was asked.tf
he was familiar with the four exhibits. Mr, Boles stated that he was, and that
they were photos taken by Mr, Sam Bibler and further described each exhibit as
being pictures of.junked autos,. rod racks, truck rims located.near the Spot Garage
and represented the things found offensive by the Kalispell Chamber of Commerce.
Mayor Bjorneby inquired if their was anyone presentrepresenting Mr, Hayton of
the Spot Garage. City Attorney Donahue reported that he had been contacted by
representatives of Mra Hayton who reported to him that Mr* Hayton-was in the
hospital having undergone recent surgery.- Mr. Hayton's representatives have
requested a period of 90 days to clean up the offensive material if so directed@
Councilman Rogers moved adoption of Resolution No. 2839, A Resolution finding that
the Spot Garage is offensive within the Meaning of Chapter 13, Article 10 of the
Code of the City of Kalispell and Ordering Earl Hayton, Owner and Operator thereof
be so notified in writing and ordered to remove the Offensive Condition thereon,
on or before April 19 1972, Seconded by Councilman Happ. Roll Call Vote.. All'
voted aye,
Swartzenberger Wrecking Mayor Bjorneby read the notice:
KALIS?.LL, MONTANA 5990
nac�m�aer i0, 197i
'OT'
rl':7nar Or 0,,:)=ator OF Swart::enberger Twr:'Cking
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a r>•i_, Montana 59901
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LI ^ co^? )lainant and its with s SCS. as as. ;he
of 5a1Cl S,::.. t2c, nbarger Wrecking Yard a-J,
y::at- von may appear at
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199
Mr. Phillips representing the complainant, the Kalispell Chamber of Commerce
called Mr. Boles to testify under oath, regarding exhibits (photographs) one
through four showing wrecked autos located at the Swartzenberger Wrecking Yard
and reported that these are the things found offensive by the Kalispell Chamber
of Commerce.
City Attorney Donahue inquired as to how far this was located from the city
limits. Mr. Bolas replied that it was within three miles of the city limits of
Kalispell - approximately one mile from the city limits.
Mayor B;jorneby inquired if there was anyone present representing Swertzenberger
Wrecker. Mr. Swartzenberger informed the council that he plans to fence the
wrecking yard, but that he wished to wait until winter was over and the ground
not frozen.
Councilmen asked if the fence would conceal the. area from public sight as the
ground is not level and therefore some of the area would be still in view from
the highway. Mr. Swartzenberger replied that he plans to level the ground -
before fernaing the area. That he plans to erect a metal fence. The ground has
to be thawed out before the leveling can be done.
Councilman Schwartz said the fence would have to have the approval of the city
council. Councilman Slater recommended that Mr* Swartzenberger bring back plans
for the fencing for approval of the city council.
Resolution No. 2839A, A Resolution finding that
Councilman Schwartz movedlMre Swartzenberger be given until April 1, 1972 to
submit fence plans for the approval of the city council and at the first council
meeting in April, the council will further consider the complaint in light of
plans submitted by Mr. Swartzenberger. Seconded by Councilman Mirone
Roll Call Vote. All voted aye.
AUTHORIZE CALL FOR BIDS
Councilman Miron saved authorization for call for bids for legal advertising for
a two year period. Seconded by Councilman Slater. Carried.
Councilman Thomas moved authorization for call for bids for liability insurance.
Seconded by Councilman Sliter. Carried,
Councilman Happ moved authorization for call for bids for gasoline and diesel
fuels Seconded by Councilman Sliter. Carried,
COMMITTEE REPORTS -
Safety -
Councilman Thomas reported the committee is investigating a safety problem at
the Elrod School between 4th and 3th Street West where traffic congestion creates
hazatds especially about 3 Pe Me when parents come to pick up children after
school and school busses are loading to take children home from school. The
committee will hold this for further study and recommendation.
There is a need for an ordinance to control snowmobiles on city streets. To be
given further consideration by the safety committeee
Councilmen Thomas moved Norman Zachary be authorised to attend Burglary School at
Bozeman, January 16, 1972 and authorized travel by private transportation.
Seconded by Councilman Miron. Carried,
Annexation
Councilman Schwartz reported that two annexations were being held under advisement
by the committee as it is necessary to secure additional information - Lots 16 &
179 Block One, Parkview Terrace Addition and Don Simmons property.
Health -
Councilman Rogers reported six councilmen, City Attorney and City Clerk attended
a luncheon at Kalispell General Hospital Friday, January 7th at which time plans
were disclosed to build the nursing home with Hill Burton financing, and that the
hospital administration went on to outline plans for a complete medical complex.
There will be no need for Industrial Revenue Bonds through the City.
200
City Licensing -
Councilman Rogers reported letters have been written to other cities for comparison
of licensing requirements and fees. The committee will report and make recommendation
at the first meeting in February.
Councilman Rogers reported receipt of a letter from Bill Welterskirschen of the
Flathead County Fair Board requesting amendment of Chapter 4, Sections 2, 4, & '8-9
of the Code of the City of Kalispell by adding to these sections "excepting an
property owned or operated by the Flathead County Fair Board." This request will
be reviewed by the Health Committee and the City Attorney and recommendation will
be made at a future meeting.
Finance - Councilman Sliter reported the committee has audited claims against the
City for the month of December, 1971, and approved payment of the claims with the
exception of the claim of Elsie Me Montgomery for refund of garbage assessment
for Block 450 Lot 21. Councilman Sliter moved adoption of the finance committee
report. Seconded by Councilman Rogers. Councilman Sliter explalned the refusal
of refund of garbage assessment on grounds that though the party hauled the
garbage themselves, they had been charged for only one business and there are two
businesses located on this property and therefore offset the requested refund.
question called. Motion carried.
Fluids Transfer -
Councilman Sliter reported receipt of request from City Treasurer Boberg for
authorization to transfer the following funds to rover temporary shortages in
SID accounts due to assessment delinquencies, from SID Revolving Fund $696.76 to
SID 300 $417,90; to SID 308 $159.77; to SID_311 $119*099 Authorization to transfer
from completed SID 294 $239.24 to the SID Revolving Fund $239.24.
Councilman Sliter moved adoption of Resolution No. 2840, A Resolution Authorizing
the Transfer of Funds as requested by the City Treasurer. Seconded by Councilman
Rogers. Roll Call Vote. - All voted aye.
Street & Alley - Councilman Happ reported there will be a meeting next Monday,
January 17th at 7:30 P. M. at the Conrad National Bank Community Room to meet
with businessmen regarding downtown parking.
The committee has reviewed the Off.Strest Parking Ordinance and recommends the
Ordinance be adopted as an emergency Ordinance.: Councilman Happ moved enactment
of Ordinance No. 793 An Ordinance Establishing Off -Street Parking Requirements and
declaring an emergency. Seconded by Councilman Thomas, Roll Call Vote. All
voted aye. -
The committee met with representatives of the State Highway Department to hear
about the TOPICS Program (Traffic Operations Program to Increase Capacity and
Safety ). The City in order to take ,advantage of -this program must make a
decision prior to July 19 1972 and establish a list of priorities. The program
does not involve any city funds. _-The funds are provided by State and Federal
governments.
The committee recommends the City go on the TOPICS program and -establish as a
priority, traffic lights for First Avenue East and First Avenue West. Councilman
Happ moved the City goon TOPICS program with the priorities of traffic lights for
First Avenue East and -First Avenue West. Seconded by Councilman Schwartz. Carried.
Councilman Happ moved the Mayor be authorized to add a street light at the inter-
section of Meridian Road and First Street West to the street lighting -contract
with Pacific Power & Light Company. Seconded by Councilman Miron. Carried.
Councilman Happ reported Dick Mauzey has installed 94 of the'new parking meters I"
to replace obsolete meters.
Meeting with State Board of Health -
Councilman Miron reported the State Board of Health had given Kalispell three
additional -priority points because of the Revenue Bond Issue and this increase in
priority points makes Kalispell eligible to receive State and Federal funds for
the Secondary Sewerage Treatment Project. The project has been approved in the
amount of $952,000,00.
201
Councilman Miron also reported that they had .met with Harold Eagle of Morrison-
Maierle Engineers. He requested Water Superintendent Lauterjung to report on
this meeting.
Superintendent Lauterjung reported that Mr. Wetstein planned to be in Kalispell
the 7th.of February and at that time will have the recommended amount of increase
of the sewer rates. It is anticipated the grant offer will be back from the
EPA office in Denver by the and of January, and will ask the council to authorise
the Engineer to proceed with final plans at the first meeting in February.
Councilman Miron requested mileage and per diem be authorized for the trip to
Helena on the 7th of January, Councilman Rogers moved per diem be authorized for
the Mayor, Water Superintendent and Council President, and that mileage be
authorized for the Council President for the January 7th trip to Helena to meet
with the State Board of Health. Seconded by Councilman Miron. .Carried.
Councilman Miron moved adoption of Resolution Noe 28410 A Resolution setting the
date for the sale of 1971 Sewer Revenue Bonds, as February 7, 1972. Seconded by
Councilman Slitere Roll Call Vote. All voted aye.
MISCELLANEOUS BUSINESS -
Councilman Daley requested the City Clerk send a letter to the Kalispell JayCee's
complimenting them for their Christmas Decoration Project.
License & Permit Bonds -
We C. Richard & Laurence A.
Richards, DBA Richards Sheet Oil Burner Bond
Metal Inc.
Arthur Be Harker, DBA
Ole's Plumbing & Heating Plumber Bond
William Walbon Plumber Bond
A. R. Lyfords DBA
Lyford Plumbing & Heating Gas Installer Bond
A. R. Lyfords DBA
Iyford Plumbing & Heating Plumber Bond
Earl Van Dort, DBA
Ford Heating Gas Installer Bond
Clarence A. Clappers DBA
City Plumbing & Heating Plumber Bond
Kalispell Plumbing & Heating, Inc. Gas Installer Bond
Councilman Miron moved approval of the license and permit bonds. Seconded by
Councilmen Thomas. Carried.
Councilman Miron moved adjournment. Seconded by Councilman Thomas, Carried.
Minutes read and approved February 7, 1972.
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