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04/16/73 City Council Minutes438 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL HAS HELD AT 7*30 P.M., APRIL 16, 1973 IN THE COUNCIL CHAMBERS OF CITY HALL. MAYOR BJORNEBY PRESIDED. ALL COUNCILMEN PRESENT. The minutes of the regular meeting of April 2, 1973 were read. Councilman Miron approved of the minutes as read. Seconded by Councilman Happ. Carried. The minutes of the special meeting of April 9, 1973 were read. Councilman Miron moved approval of the minutes as read. Seconded by Councilman Slater. Carried. VOTE FOR TREASURER Councilman Miron requested City Attorney Donahue to review for the Mayor and Council Section 11-718 of the Revised Codes of Montana. City Attorney Donahue read the section to the Mayor and Council. Councilman Miron introduced to the Mayor and Council and visitors the two candidates tied for the office of City Treasurer and their husbands, Mr. and Mrs. John Maurer and Mr. and Mrs. Bud Bruch. Councilman Miron moved the city council vote by ballot to break the tie, with the Mayor, City Attorney and City Clerk as tellers to announce the results of the vote. Seconded by Councilman Happ. Motion failed. Councilman Schwartz moved the city council vote orally in executive session to select city treasurer. Seconded by Councilman Miron. Four aye votes. Four nay votes. Mayor Bjorneby voted nay. Motion failed. Councilman Slater moved the city council be polled with each councilman stating choice of candidates. Councilman O'Brien seconded the motion. Roll Call Vote. Councilmen Miron, Happ, Sliter, O'Brien, Sampson, Thomas stated Gail V. Bruch. Councilman Daley and Schwartz stated Carol J. Maurer. Gail V. Bruch elected City Treasurer. City Clerk Beardslee issued Certificates of Election to the newly elected City I Officers. CITY OFFICIALS REPORTS City Clerk and City Treasurer for February 1973. Sanitarian, Police Chief, City Engineer, Police Judge for March 1973. Fire Department for the 1st quarter of 1973. Councilman Sliter moved acceptance of the city officials reports. Seconded -by Councilman Daley. Carried. ADDRESSING THE COUNCIL Mr. Pat Springer, representing the 4 B's, stated that he had received a copy of letter to Mayor and Council from City Clerk Beardslee reporting that the 4 B's propertly recently annexed to the City would not be on the city tax rolls until March 1974. Mr. Springer said that whether or not the property was on the tax rolls was irrelevant to the license fee for liquor and beer and requested that the license fee be charged for only that portion of time the 4 B's property has been a part of the city. Councilman Miron moved the liquor and beer license fee for the 4 B's property (Red Lion Restaurant) from the time of annexation to the City (March 1973) to July 1, 1973 be 50% of the annual fee. Seconded by Councilman Daley. Motion failed. Councilman Miron moved the 4 B's be charged the annual license fee ($500.00) for liquor and beer license to July 1, 1973. Seconded by Councilman Sliter. Carried. COMMITTEE REPORTS Safety - Councilman Thomas reported a meeting would be arranged with the Street and Alley Committee to review the downtown alley situation. t 439 Annexation - Councilman Schwartz referred to a letter from Sunburst Development Company request- ing they be granted permission to build 12 plex apartments, on Lots 5, 6, 7, B and 9; Block One; Park View Terrace Addition. Councilman Schwartz reported Sunburst Developers would be advised to channel their request through the Board of Adjustments as their request would require a variance from present zoning. Councilman Schwartz referred to the following letter from City Engineer McClintick regarding Intention to Create SID #314. "IN THE HEART OF THE NATION'S PLAYGROUND" KALISPELL, MONTANA 59901 April 13, 1973 The Honorable S>;ayor and Councilmen: At the council meeting held April 2, 1973 you passed Resolution ' n,_i:bor 2906 a Resolution or Intent to create S. 1. D. INTo. '11-4 to ex- tend the sewer line into Section 3 Northridge Heights. I had the survey crew ran a profile on Parkway ?rive from North- ridge Drive to the ;?orth end of Northridge Heights Section 3. The profile indicates there is no chance to connect this line in- to the pr-esent sewage system unless a lift station is constructed or connected into the lift station now serving the Park View ^terrace Addition. This would increase the cost to about double the estimate cost given. I recommend the above Resolution be rescinded. If the owners yr sh to pursue the possibility of connecting to the sewage syste,�. a more detailed engineering study be made. If they do not wish to con- tinue it will be necessary to use septic tanks. Sincerely, 7 L. R. McClintick City Engineer Councilman Schwartz moved Resolution #2906, Intention to Create SID #314, be rescinded. Seconded by Councilman Thomas. Carried. City Licensing - Councilman Sampson reported the Licensing Committee was ready to make recommendations to the Mayor and Council regarding the revision of business licensing and requested the council meet as a committee of the whole at noon on April 24 at Hennessy's Steak House to review these recommendations. 440 Employment - Councilman Daley reported the committee had met with applicants for the position of City Engineer. There have been 12 applicants thus far, three of the applications were applications submitted prior to the time the position was open and two of the applications were from out of state residents. The committee is not considering out of state applicants as there have been enough applications from residents of the state. The committee has narrowed the applicants down to two which have been recommended to the Mayor for consideration. Councilman Miron inquired if the committee is still open to further applicants. Councilman Daley reported the committee will still receive applications for the position of city engineer. STRAW BALLOT - City Residency - Councilman Daley said he did not feel the straw ballot gave a clear picture of what the people wanted and that he felt that the present resolution governing residency by city employees should be enforced. Parks - Councilman O'Brien reported that City Engineer McClintick has completed the spec- ifications for the project at the High School but that the application has not been returned from the BOR Denver Office. Councilman O'Brien recommended that another authorisation for call for bids for construction of basketball - tennis court complex be made, though this has been done previously, however quite some time ago. Councilman O'Brien moved authorization for call for bids for construction of the basketball -tennis court complex with bid opening scheduled May 21, 2973. Seconded by Councilman Sliter. Carried. Finance - Councilman Sliter reported the committee has reviewed the insurance policy on , survey equipment and recommends renewal of this insurance. Councilman Sliter moved the insurance on the survey equipment be renewed. Seconded by Councilman Miron. Carried. Councilman Sliter referred to letter received from the Board of Trustees of the Police Pension Fund and moved adoption of the Boards recommendation for payment of pension to Shelby Zachary, out of Police Pension Funds, beginning March 20, 1973, $120.19 for the balance of the month of March, 1973 and thereafter the amount of $360.59 per month. Seconded by Councilman O'Brien. Carried. Councilman Sliter expressed appreciation to outgoing Councilman O'Brien for his services to the City of Kalispell as Ward 2 Councilman. Street & Alley - Councilman Happ referred to a letter from Elmer and Nadine Absalonson regarding the pruning of a tree on private property by city crews. The tree was pruned because the branches were hanging so that they obstructed the sidewalk. The committee directed that the street foreman direct that city crews consult with private property owners prior to action on private property. Councilman Happ requested a letter be sent to the Absalonsons informing them of the action. Councilman Happ reported the committee has inspected the sidewalk referred to in a letter from Mr. Yerkes (sidewalk in front of the Pin Cushion) located on 2nd. Street West between lst & 2nd Avenues West. The committee has directed that the depression In this walk be blacktopped by City. Councilman Happ reported the committee recommends curbs and sidewalks be ordered constructed on Railroad Right of Way on 5th Ave. W. N. RESOLUTION NO. 2908 Councilman Happ moved adoption of Resolution No. 2908 Ordering the installation of sidewalk on the east side of 5th Ave. W. N. on Railroad Right of Way and that curb- ing be installed on both sides of 5th Ave. W. N. on the Railroad Right of Way. Seconded by Councilman Sliter. Roll Call Vote. All voted aye. 441 L- n Councilman Happ reported that City Attorney Donahue is preparing the lease for agreement between the City and Valley Bank for parking lot. Party - Councilman Miron reported there would be a retirement party for L. B. "Pete" McClintick and issued invitation to those seated at the council table and their spouses to attend the party. Council members discussed the date for the party and settled on Saturday, April 28th, 6:30 P. M. at the Happ residence. Councilman Miron reported the newly elected officials mould take office May 7th at which time they would take the oath of office and that newacommittee assignments would be made at this meeting. Councilman Miron requested that he be relieved as city representative to the City - County Planning Board. Councilman Miron requested Supt. Lauterjung inform the council regarding the status of the secondary treatment project and the water improvement projects. Supt. Lauterjung told the Mayor and Council he had talked with Mr. Don Willems of the State Health Department and that verbal commitments of approval have been received regarding the City's request for increased grants - that the project will be funded out of 1972 funds.fand it will not be necessary to re -call for bids on a portion of the project - it is now a matter of completing the paper work. The construction on the transmission line portion of the water improvement project will start May 7th. Matelich, contractor on the Schedule I portion, reports that it will be 10 to.12 weeks before some of the materials for the Schedule I Project will be received, so construction will not begin before that time. City -County Planning Board - Mt. Mike Nicholson of the City County Planning Board read letter regarding Wisher Salvage Yard: y,pw-,� � FL A"1'HEA D-KALZ�PE LL �1 �- t-W✓ y City -County planaipg Board Kalispell, Montana - �,� •: ].+�5 :. <uy t,i s:� , ..r..,r�ni �.:i. �.! r - ,w.�-.r J r� �a"" i ` , J 1�- r. ^wAs ' '.' ♦ � 1•. + + ta. of � .1:. I '. ti � � .J� , S- �.• ..-.. '""'.ter.-_ ._9r,Si .'.'°''- �h,� 4.y`�� � Y ia" 4'�'`Tr+_. �'.,,=,tea.-a.r ..+w.r__ .. April 13, 1973 ' Mayor and City Council City of Kalispell Kalispell, MT 59901 Honorable Mayor and City Counpil: The Board discussed the relocation of the existing Wisher Salvage Yard to a 221 acre site southwest of the city sewer treatment plant. During the discussion, it was pointed out that the Department of Health and Environmental Sciences will be required by HB 112 to write regulations for the licensing of auto salvage yards, but that said bill does not become effective until July 1, 1973• As of this date, the Department of Health has not completed the regulations mentioned above. 442 Considering HB 112 and regulations which must be prepared by the Department of Health, the Planning Board hereby requests that its recommendation as to the suitability of the proposed relocation site be postponed until the regulations mentioned above have been received and reviewed with regard to this specific site. This.recommendation is submitted to your body for your con- sideration. CLH-STP:kge CC: Clem Wisher Wil'Aikin Chamber of Commerce Respectfully submitted, 'Charles President r Mayor and Council agreed to the postponement. Mr. Nicholson read letter regarding Southwest Kalispell Annexation Proposal: y,"�•�FLATHEA D-K ALI6PELL- Jf. i > w+•^� �T^ A.4s J �NyWFWeP"' f'b P ro.YaWYrHw —"s �.-r.+e�,+..n,a - fi' ef�l -�' a+n M'.^Y S4eOM' .mow.-.YM.�^r%L.Na.Y•�i/M`a.Yta.eu""ea4•'.�L'? r� ;� -a. ..a. - .a «..�...,my r',• �>,� w.�..aC. �..ec`1u ti'-{�n'.dYw ..+u. a..+° .� ''+ �dl��a.+ 1+.••. � 6 ;1 �wu J s'a'Y.�._. •.n4law+s� «�r�W�r?'�`N i r lv N.•.f �C I 7?J:iir'�'�r F iySw.. l.r. ... �%5eA .k*'wi'y, '��+����der _� re _ �....•.."�jY M.'-y �! 1�)�[y` -- 6I A.' W �L A � }'{d:•: ^y?yiV' f��1YM`� "•^'T��f 1 - r„�..•.'r ti. f •w, i .y . � � _ ��' a .,�,3'. . ! i.e. 'x •�_-.• _ n•.�.c1l�mS '�wi" °gym ^� April 13, 1973 a Mayor and City Council City of Kalispell Kalispell, MT 59901 '-'At the last regular meeting of the Kalispell City -County Planning Board held April 10, 1973, the Board discussed the annexation commonly referred to as Southwest Kalispell, located south of Eleventh Street between Fourth and Seventh Avenue West and adopted the following recommendation: "That the Kalispell City -County Planning Board recommend to the City Council of the City of Kalispell the following proposal for annexation of Southwest. Kalispell: I. Preparation of an accurate Certificate of Survey of the exterior boundary of the area to be annexed certified by a'registered land surveyor. Il. Prepare a document for presentation to every freeholder within the boundary of the proposed annexation containing the followings A. Copy of Certificate of Survey mentioned in I above B. Petition for Annexation C. Commitment to form an SID for the following: 443 1.) Right-of-way aquisition and improvement for streets and alleys, substantially according to Exhibit "A" attached hereto, or any alternate plan acceptable to the Kalispell City -County Planning Board 2.) Water 3.) Sewer 4.) Cash in lieu of park dedication in the appraised value of $1 per front foot. 111. After circulation of the document, the City should annex the area if the following conditions are fulfilled: A. 60 percent of the freeholders sign the annexation petition B. 60 percent of the freeholders sign the commitment to form as SID mentioned in II C, above" This recommendation is submitted to your body for your consideration and action. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD ealrete4s L. Rase President CLH-STP:kge Attachment Councilman Miron moved a copy of this letter be included with the next water billing for this area. Seconded by Councilman O'Brien. Carried. MISCEL1.AWUS BUSIMSS - City Residency - Councilman Thomas moved the Resolution 02415) requiring city employees to reside within the city limits be declared void and employees be allowed to live where they wish. •Seconded by Councilman Miron. Motion failed. Councilman Miron said he felt some future policy can be developed regarding residency requirements - deserves further study. Thanks to Mayor and Council - Councilman O'Brien expressed his thanks and appreciation to the Mayor and Council and to all employees of the City for cooperation received while serving 4s concilman for Ward 2. Councilman O'Brien stated he would not miss the meetings but would miss the people. Extension of time for compliance with residency - A Councilman Schwartz moved a time extension be granted to William Clements for meeting compliance with city residency requirements. Seconded by Councilman Miron. Councilman Thomas moved amendment to motion to include police personnel affected. Seconded by Councilman Schwartz. Amendment carried. Motion carried. 444 Councilman Sliter moved all employees who received letters to comply with residency requirements be granted extension of time for compliance. Seconded by Councilman Thomas. Carried. City Engineer McClintick - Expressed thanks to present and past city councils for their cooperation during his years of service to the City. He said that he was leaving the city employ with a sense of regret, but that due to age and circumstances felt that this was the time to retire from city employment. City Engineer McClintick reported that the Highway Department had requested and is going to meet in the City Engineer's office at 1:30 P.M. tomorrow to discuss the relocation of water and sewer lines. Councilman Miron requested that Councilman Daley meet with this committee at 1:30 tomorrow and report back to the council. Councilman Miron moved the Sewer and Water Committee be empowered to act in regard to the relocation of the sewer and taster lines for this Highway project. Seconded by Councilman Daley. Carried. Councilman Miron moved council adjourn. Seconded by Councilman Daley. Carried. Minutes read and approved May 7, 1973.