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03/13/72 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HEID MARCH 13TH, 1972 AT 7:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL. MAYOR BJORNEBY PRESIDED. ALL COUNcnmEN PRESENT. The minutes of the regular council meeting of March 6, 1972 were read. Council- man Miron moved approval of the minutes as read. Seconded by Councilman Schwartz. Carried. CITY OFFICIAL REPORTS Clerk and Treasurer for January Police Chief, Police Judge, City Engineer, City Sanitarian for February. Councilman Rogers commented on the sanitarian's report, particularly paragraphs 2 through S, pertaining to the inspection of the Flathead County Fairgrounds and requested the City Clerk send copies of the report to the State Board of Health. Councilman Miron moved acceptance of the City Official's reports. Seconded by Councilman Rogers. Carried. ADDRESSING THE COUNCIL Dr. Douglas Wood - 940 lat. Avenue East - representing the let District Dental Society - There has been a lot in the paper recently about fluoridation. I feel there are many factors that need to be taken into account and I would like the council to consider this, not necessarily tonight, but over a period of time when all the necessary facts and figures have been taken into account. Mrs. Ace Powell - 326 - 6th Ave. Fast - Spoke against the fluoridation of the city water. She questioned whether it is legal or constitutional to force medication on persons without their consent. Mr. Dave Lindsey - representing Lindsey Lumber Co. - Informed the Mayor and Council of desire to annex property to the City. Mayor Bjorneby informed Mr. Lindsey that this would be taken care of when the annexation committee submitted their report. Dr. Stephen Monroe - Route 3, Big Sky Boulevard - representing the let District Dental Society - Spoke in favor of fluoridation and stated that the 1st District Dental Society wanted to be sure facts are presented concerning fluoridation and that decision on fluoridation is not based on fear or emotion. Beatrice Macomber - 1022 lat. Ave. West - Spoke against fluoridation and said that if fluoride is put into water, there is no escape except to move. The question should be put to a vote of the people. COMMITTEE REPORTS Safety - Ambulance Bids - Councilman Thomas reported the committee has reviewed the bids and recommends the bid be awarded to Henricksen Motor Company, the low bidder. Councilman Thomas moved adoption of the report. Seconded by Councilman Happ. Carried. School Safety - Councilman Thomas reported meeting with area PTA Council last Tuesday night at which meeting safety problems of the schools were discussed. Letters are to be sent to the Flathead Safety Council and to the City Council outlining problems of each school. Confirmation of Officers - Councilman Thomas reported Bob J. Soderstrom has satisfactorily completed a six months probationary period as Detective Sergeant and it is recommended that he be confirmed Detective Sergeant effective March 1, 1972. Councilman Thomas moved confirmation of Bob J. Soderstrom as Detective Sergeant effective March 1, 1972. Seconded by Councilman Rogers. Carried. Councilman Thomas reported Morgan Richard Stotts, Jr, has satisfactorily completed a six month probationary period as Police Sergeant and recommends confirmation of Morgan Richard Stotts as Police Sergeant effective March 1, 1972. Councilman Thomas moved Morgan Richard Stotts Jr. be confirmed Police Sergeant effective March 1, 1972. Seconded by Councilman Schwartz. Carried. 264 Drug Abuse - Councilman Thomas requested Police Chief Vaggener to report to the council an the matter of drug abuse. Chief.Waggener reported that there have been a number of arrests on the criminal sale of drugs - 9 arrests last month - 5 arrests over the past week end. Chief Waggener thanked the council for it's cooperation in giving extra manpower, and felt that the police department with cooperation of the county law enforeament was starting to make a dent in the control of the drug problem in Flathead County. Annexation - Councilman Schwartz reported receipt of letter of intention from Sky River Enterprises and read the letter to the Mayor and Council and requested the letter be made a part of the minutes. GM4C13PGQ0QE4 PHONE 756-9059 BOX 1040 KALISPELL, MONTANA 59901. March 13', 1972 Mr. John C. Schwartz Chairman Annexation Committee' Kalispell City Council Kalispell, Montana 59901 Dear Mr. Schwartz: We wish to take this opportunity to thank the Council for their action last week in annexing and zoning our property, Gateway West, Addition Number 34. This will allow us to continue on with our plans in developing and promoting new businesses for Kalispell. This we feel is a progressive step forward for the community, which will in turn create.new tax dollars and contribute to a sound, healthy economic climate. Some concern has been expressed as to the possible cost to the city in furnishing us with sewer and water. We wish to assure.the Council that we are aware of our responsibility to bear the costs of the necessary water and sanitary sewer lines from existing city mains to and through our property. We also intend to engineer and construct a surface water disposal system within the boundaries of our own property. Please be assured that Sky River Enterprises intends to cooperate with the city of Kalispell in all respects to further a healthy, logical growth for our community. Again, we appreciate your action and will do everything possible -to merit your continued confidence in us. Sincerely, SKY RIVER ENTERPRISES i � nd A. Thon, President i fa i i 265 Councilman Schwartz made reference to Lake and read to the Mayor and Council copy of the letter be forwarded to The County Planning Board. an article in the March 9th Daily Inter his letter of reply. He requested a Daily Inter Lake and a copy to the City - March 13, 1972 To Plan or not to Plan? To Whom it may Concern: Due to the erroneous report in the Daily Inter Lake on last Thursday March 9, 19720 I as Chairman of the Annexation Committee of the City of Kalispell do hereby disagree with the said statements by the reporter and with those who influenced or misled him in the writing of this Article. In the second paragraph, the reporters statement is correct. We have yet to make up our minds as to the role of the City County Planning Board and its proper functions. Whatever the plan may be we must all maintain reasonable foresight and properly exercise these annexations so as to permit them to be adapted to new conditions and orderly growth to our city. The most important thing is that the work of planning be entrusted to men of vision as well as technical training and experienced and not those who are actuated by self interest or who are unable to look beyond their own limited horizon. With the anticipated growth in the particular area mentioned in the Article, a nursing home will be under construction this year, land options have been purchased for a new hospital to be constructed in the future, land options have been purchased next to the hospital site by a group of Doctors for a new clinic with construction to start soon, so why the gripe by the reporter or the planning board of having a recreaction facility directly across the road from this _-complex. We beleive this is a good and long overdue project. We are in hearty sympathy with this and all movements that will promote better living, a finer citizenship and greater culture and that we give every citizen an equal chance to enjoy the advantages which may be provided. The Annexation Committee has been and will continue to be in full agreement with the concepts of sound planrAng.' We have spent many hours in analizing all annexations to the city and consider them:-to.berin proper balance with good planning. It is not the intent of this committee or Council to show any disrespect to the City Planning Board. We are in full agreement with the board that the C.B.D. is in dire need of planning, however we do not agree that all future commercial development be commited to this area. If this were so the city of Kalispell would become stagnat and its growth potential would fail. We are dedicated to see the 4 1/2 mile perimeter jurisdiction develop as well as the C.B.D. It is our utmost desire to function with this board in an orderly manner and with the mutal understanding that they will continue to be an Advisory Board to the City Council. 266 Councilman Schwartz said the committee is in agreement with sound planning. Councilman Schwartz moved adoption of Resolution No. 2855 A Resolution to Incorporate into the City of Kalispell as an Addition, Lindsey Lumber Addition, Addition No. 30 to be zoned No. 5 Business -Residence District. The cash donation In lieu of park land dedication to be one -ninth of the assessed value of the property of the addition. Seconded by Councilman Daley. Roll Call Vote. All voted aye. Honorary Citizen - Councilman Rogers reported he had received a request from two Kalispell residents. Mr. Les Ormiston and Mr. Charles Mercord, to have Mr. Jose del Bonifacto de Andrade made an honorary citizen of Kalispell, Montana. Mr. de Andrada first visited Kalispell on a diplomatic tour several years ago and has since visited Kalispell area numerous times. Councilman Rogers moved adoption of Resolution No. 2856 A Resolution designating Mr. Jose del Bonifacio de Andrade an honorary citizen of Kalispell, Montana. Seconded by Councilmen Sifter. Roll Call Vote. All voted aye. Employment - Councilman Daley reported the committee has approved the employment of Mr. William Clements as Street Department Foreman and the employment of Mr. Gary Red Elk as police officer. The committee met with personnel of the fire department and considered proposed agreement with Local #547, International Association of Fire Fighters. The committee has left in the proposed agreement Item #19 entitled Residence Clause, as officers of Local #547 wished to have this presented to the City Council for consideration. #19 Residency would allow firemen to establish residency outside the city limits. Following discussion between councilmen and union representatives, Councilman Miron moved the Residency Clause #19 be stricken from agreement. Seconded by Councilman Daley. Carried. Councilman Daley .roved acceptance of the Agreement with Local #547, International Association of Fire Fighters with the #19 Residency Clause deleted and author- ization for the Mayor and City Clerk to sign the agreement. Seconded by Council- man Miron. Carried. Parks - Councilman O'Brien reported that further arrangements regarding the High School Environmentalist Group plans for Earth Week had not been presented to the 000mitee amd- since Earth Week occurs before the next regular meeting it may be necessary to have a special meeting to consider Environmentalists park projects for Earth Week. Councilman O'Brien suggested that a letter be sent to developers of the Westgate Addition, suggesting they counsel with the City Water Department as to what facilities are available to the area. Finance - Councilman Slater reported the committee has audited and approved for payment claims against the city for the month of February. Councilmen Sitter moved adoption of the committee report. Seconded by Councilman OtBrien. Carried. Councilman Slater reported the committee has considered 21 ambulance accounts in the total amount of $560.00 which have been turned over to the Credit Bureau for collection, are uncollectable and are now over 5 years old. The committee recommends these accounts be written off. Councilman Slater moved uncollectable ambulance accounts totaling $560.00 be written off. Seconded by Councilman OtBrien. Carried. Street & Alley - Councilman Rapp reported that the weather cooperated last week and the street department was able to patch many of the chuck holes that have been the subject of various news reports in the newspapers and on the radio stations. L6 I Two and three crews worked all week patching and will be out patching the chuck holes again as soon as the streets dry sufficiently. The street and alley comaittee has studied the street situation and recommends all possible money be allocated to the complete rebuilding of several streets, and maintaining others. The County Commissioners are agreeable to making hot mix available from their plant. The additional hot mix from the county would make it possible to keep the laydown machine in operation an additional four hours a day. The committee has authorised City Engineer McClintick to hire additional help as needed and ere considering the possibility of running an additional shift during daylight hours and may have to contract for the use of additional trucks. The comittee recommends. curbing which was ordered in, prior to July 1, 1971, be rescinded for those areas in which the curbing has not already been installed, due to the increase in contract price of installing curbing since these curbs were ordered installed. We have requested that those ordered in this fiscal year be ready before July 1, 1972 and that 4th Avenue East and East North from 2nd Street to Idaho Street have first priority and that the boulevards be removed from Railroad right-of-way to Idaho on the east side of 4th Ave. E. N. Residents of the area, east side of 4th Ave. E. N. between Idaho and Railroad right-of-way, will be notified of the recommendation to remove the boulevard and invited to the city council meeting of April 3, 1972 to express their views regarding the removal of the boulevard. Councilman Rapp moved Adoption of Resolution #2857 A Resolution Adopting Load Limits for City Streets and Avenues. Seconded by Councilman Daley. Roll Call Vote. All voted aye. Sewer & Water - Councilman Miron reported the committee awarded the bid for water works material, Schedule I to Pacific States_Cast Iron Pipe Co. of Salt Lake City, Utah and Schedules II through VII to Grinnell Company, Great Falls, Montana, the low bidders. Councilman Miron opened the meeting to further discussion on fluoridation by proponents and opponents. Following the discussion, Councilman Rogers moved an advisory vote be obtained at the primary election in June. Seconded by Councilman Happ. Carried. MISCELi mus Bus mESS - Councilman Sliter inquired as to the compliance of the Spot Garage and Swartsenberger Wrecking Yard. City Attorney Donahue reported that they had been sent copies of the Resolutions and were to submit plans to the city council at the first meeting In April. Councilman Thomas inquired of City -County Planner Steve Petrini as to whether the Planning Board had approved the Simons project. Mr. Petrini reported that the City -County Planning Board had not taken any official action on this project as the city had not requested action of the Planning Board on this project. Mr. Petrint reported that the City -County Planning Board would like to have all proposed annexations referred to the planning board. Councilmen Miron introduced now employees to councilmen - Street Foreman Bill Clements and Police Officer Gary Red Elk. Councilman Miron moved adjourm ent. Seconded by Councilman Rogers. Carried.