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04/01/74 City Council Minutes51 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD IN THE COUNCIL CHAMBERS OF CITY HALL, APRIL 1, 1974, AT 7:30 P.M. ALL COUNCILMEN PRESENT. MAYOR BJORNEBY PRESIDED. APPROVE MINUTES Councilman Miron moved approval of the minutes of the March 18th regular meeting as written. Seconded by Councilman Daley. Carried.. Councilman Miron moved approval of the minutes of the special meeting of March 25th as written. Seconded by Councilman Slater. Carried. FARMERS MARKET PRESENTATION Mr. Douglas Fox presented the following petition: "We petition the City Council for the use of the parking lot on 1st. Ave. West between 3rd and 4th Streets and for an ordinance to establish a Farmerts Market to provide a place for the people of Kalispell and surrounding area to barter or sell their own surplus produce and hand crafted items. No meat, milk products or canned or processed foods or items offered for resale will be allowed. The sale will start on Saturday, June 15 from 9:00 A.M. to 11:00 A.M. and will be held one day a week until the peak growing season and then extended to Tuesday morning from 9:00 to 11:00. The Market will continue until September 28. The Market will be sponsored by The Flathead Organic Farming and Gardening Club and a Market Master will be in charge of the grounds and cleaning, collecting fees, etc. This proposal is supported by local citizens,.County Extension Office, Chamber of Commerce and. Kalispell Central Business Association." Terry Sunstead, Pros. ) Flathead Organic Farming Pat Freebury, Sec. ) & Gardening Club Doug Fox - interested citizen Mayor Bjorneby said permission would have to be obtained from the Valley Bank. Mr. Fox said that the Valley Bank has given them permission and asked that they obtain permission from the city. Councilman Thomas asked that they obtain written permission from the Valley Bank and furnish the City with written authorization from the Valley Bank. Councilman Thomas moved acceptance of the presentation by Mr. Fox and the location of the Farmers Market on the Valley Bank parking lot, pending receipt by the city of written authorization by the Valley Bank. Seconded by Councilman Happ. Carried. LICENSE TRANSFER REQUEST �l R. E. #447 March 18, 1974 City Council for the City of Kalispell City Hall Kalispell, Montana 59901 Subject: Request for Transfer of Location for Beer ar_d Liquor Licenses Vista Club Licensee: Charles Siderius Former Location: Lot 22, Block 45, Kalisgcii Original Townsite (100 Block, Main Stroud New Location: Lots 11 and 12 of Block 66, ya]_iapell Original Townsite (344-346 Souta 52 Gentlemene' ---- I, Douglas R. Johns, a duly licensed real estate broker for the State of Montana and agent for Mr. Charles Siderius, licensee for the retail beer and liquor licenses referenced above, formally request from the City Council of Kalispell the approval of the transfer of location of the liquor licenses held by Mr. Siderius from their current location in the 100 block, South Main Street, Kalispell, to 344-346 South Main, Kalispell. This request is being made in accordance with the City Ordinances governing such licenses issued by the City of. Kalispell for the operation of such retail liquor establishments. It is requested by the licensee that this authorization be approved by the City Council and that their actions shall be good for a period of six months from their date of approval. If, in the event the licensee has not affected the transfer of location R. E. #447 City Council for the City March 18, 1974 Page 2 by that time, he wily new authorization orja r UGL4 JOHdS REAL, Dough's R. Johns Agent for Charles DRJ/pt cc: Mr. Robert Banter Mr. Charles 1�ash Mr. Charles Siderius of Kalispell. City Council for .r previous action. Mr. Johns, representing Mr. Charles Siderius, inquired as to what the report of the committee is on the license transfer request made at the last council meeting. City Attorney Donahue informed the Mayor and Council that the city does not have'to grant the transfer of license, but would have to grant a license in the new location If the State licenses the new location: Mayor Bjorneby reported receipt of the following petition opposing the granting of the license transfer: We, the undersigned, residents of the Dity of Kalispell, County of Flathead, State of Aontana, hereby petition The Mayor and members of the City Council to deny the application of Charles Siderius DBA Vista Club requesting the transfer of premises of the Vista. Club presently located at 3-U iiain Street, to the proposed location located at 344 Kain Street, Kalispell, Montana, for the reason that the undersigned believe that there is no need or demand for sudh liquor outlet at said place. Farther, the undersigned believe the granting of the transfer of premises would adversely effect the be detrimental to the surrounding area. Also, this location'is only 470 ,1� <-'.J N foot from the KALISFELL CHRISTIAN CHURCH. 53 LIO' APR 34�%�%%?ai.+ .4�•; �',D,.Qa3G ?i7 lG��s�ae"� 3 4e i� ZZ yz�-g c Cali a. m j Z/O d ap/o-�� 4R� 16 ,5,V3 / s � a.A--e , aJ. ADIRESS J yid 3yv isf a� 7 low yes lti/�ra� • ���Z���, zz� S'7 APRI RED 5,5 Councilman Miron reported that he was opposed to the granting of the license transfer based upon problems he has encountered with the former lessees of the V F W building. Mr. Johns said that he felt that Councilman Miron's position was unfair as former lessees had no bearing on the present license transfer request. Councilman Slater moved the license transfer be granted, contingent upon the State granting transfer of the state license. Seconded by Councilman Daley. Councilman Thomas speaking in opposition to the motion, said that he felt the other property owners and businessmen in the area should be considered, and pointed out the ' number of area business people that signed the petition of opposition. Councilman Thomas drew a comparison between this situation and the situation of opposition to the Teen Center which recently occurred. Mr. Johns asked what the difference was between the present location of the liquor and beer licenses and the now location - - they are both in Central Business District. 1-1 Mr. Charles Siderius stated that he was going to buy the building, based on the action of the council and that the State would grant a license at the new location upon receipt and approval of building remodeling plans. Mr. Gary Gault, manager of Montgomery Ward, and one who signed the opposition petition said that his store and many of the other businesses in the area have been in business in these locations for many years and do not want this type of businessoperation located in their vicinity. City Attorney Donahue suggested the opponents should approach the Liquor Control Board with their opposition to a liquor and beer establishment at this location. Question called. Councilmen Miron, Slater, Daley and Sampson voted aye; Councilman Rapp, Knapp, Schwartz, and Thomas.voted no; Mayor Bjorneby abstained. FLOODPLAIN Mr. Dale McGarvey, representing Flathead Floodplain Association, with the aid of an aerial photograph of the Kalispell area, pointed out the areas of the City which have been identified as special flood hazard areas by the Department of Housing and Urban Development Federal Insurance Administration. Mr. McGarvey said the question has arisen as to whether or not a requirement for flood insurance in an area is desirable - it is not desirable, as the insurance costs $75.00 per year and does not make good economic sense. Mr. MoGarvey reported that significant progress with the State and Army Corp of Engineers by a redefining of the floodway and floodplain areas. The floodway comes to (to bounded by) the stanchions of the bridge (old steel bridge) and the 100 year floodplain comes out to about the Rainbow Lodge (Mr. McGarvey indicated roughly these boundaries on the aerial photo). People in the floodplain area have to buy insurance and buildings are required to be built 2 feet above the 100.year flood level. .Mr. McGarvey said that the 1948 flood .line is being used as the 100 year flood boundary. Mr. McGarvey said if the flood hazard areas for the City,. as indicated by HUD,. are allowed, it will be an admittance that the 200 year floodplain elevation would staid - - in effect the City would go on record as having approved the HUD designation. Councilman Knapp moved the City of Kalispell appeal the Special Flood Hazard area Identification (identification date of 2/25/74) by the Department of Housing and Urban Development Federal Insurance Administration (PIA flood hazard boundary maps No. H 30 029 0680 01-02). Seconded by Councilman Miron. In discussion on the motion, insurance rates and the availability of (flood)' insurance from private insurers was discussed. Also, Mr. Frank Guay, President of the Flathead Floodplain Association, said that Montana should not have been included in the act; that the act was designed for areas like the lower Mississippi, Missouri River, and Ohio River Valley. Mr. Guay also expressed concern as to how long federal subsidy of flood insurance might be expected to continue. Question called. Motion carried. 56 ADDRESSING THE COUNCIL Mr. Harvey Jewett requested that the April 15th meeting be held at the Conrad'Bank when the west side storm sewer is to be discussed again. Mayor Bjorneby said arrangements would be made to havea larger meeting,place than:. the council chambers. CITY HALL STUDY Mr. Bill Heinecke, representing Brinkman & Lenon Architects & Engineers, requested that the city hall study presentation be deferred to another time, as he estimated that it would take at least four hours to properly present the study to the Mayor and Council. A special meeting was scheduled for 7:30 P,W Monday, April 8th, in the council chambers. AUTHORIZE CALL FOR BIDS RESOLUTION NO. 2955 Councilman Miron moved the adoption of Resolution No. 2955 A Resolution,authorising a call for bids for SID 315 construction. Seconded by Councilman Rapp. Roll -Call Vote. All voted aye. RESOLUTION NO. 2956 Councilman Miron moved the adoption of Resolution No. 2956 A Resolution authorizing a call for bids for SID 316 construction, Seconded by Councilman Rapp. Roll Call Vote. All voted aye. Councilman Miron moved authorization for call for bids for concrete materials for storm drain diversion on Woodland Avenue, Woodland Park Project. Seconded by Councilman Daley. Carried. EMERGENCY BUDGET HEARING Police Department Budget $2.500.00. No protests were received. RESOLUTION NO. 2957 Councilman Thomas moved adoption of Resolution No. 2957 A Resolution authorizing an emergency budget for City Police Department, General Fund Purposes in the amount of $2,500.00. Seconded by Councilman Sampson. Roll Call Vote. All voted aye. COMMITTEE REPORTS Sewer &.Water - Councilman Miron reported the committee, with power to act, awarded the bid for Utility Van for $3,482.00, to the low bidder, Rygg Ford Sales. Councilman Miron requested the following letterelbe entered in minutes: C..oneuCfing enyineer3 i. TAomas. F1resxJert - - - -^Jayne W. Deer,. Gecrelary-Treasurer OFFICES IN GREAT FALLS. BOZEMAN AND KALISPELL - March 25, 1974 con, Councilman '^ity Council ';ns' Affairs Division Lag Montana 59901 923'Soul h Main Slree Kah,pell. Mon: w S. ,, _ . Ph756-2518-A,raca! _ 1200T~ntY �rtn So .- GreatFalis Montana ;.. Ph. 761-3010 .a: ea C, Dear Al. Re: Kalispell Water Distribution 5 A System In order to keep you informed of the status of the water system improvements currently under construction, I am providing the follow- ing summary: Sched::ie I, Booster Station, Matelich Construction: Work was resumed on March 18. The contract time resumed March 15 at wnich time thirty-four days remained on the contract. A tentative start-up date for the booster station is April 8. It appears that the contract will be completed within the revised contract schedule. Schedules II & III, Water Distribution Lines, Tynes Construction: The contractor has not resumed work on this portion of the project due to frost conditions in the ground. (See his letter of explanation, attached.) I have been unable to get a firm start-up date or schedule from the contractor but I estimate a minimum of six to eight weeks construction once the project is resumed. Very truly yours, THOMAS, DEAN & HOSKINS, INC. By: DED/tej h DougE. Daniels cc: Max Lauder - Kalispell City Engineer attach - 1 ENGINEERING STUDIES DESIGN -SURVEYS l..on![ idly en Lneerd 923 South Main Street T. H. Thomas. President O Kalispell, Montana 59901 Wa1me W. uaan, Seuetary•Treeaurer OFFICES IN GREAT FALLS, SOZEMAN AND KALISPELL Ph. 756-2516 -Area Code 406 1200Twenty-F ihh Street South Great Falls. Montana 59405 ft. 761-3010 - Area Coax 406 April 1, 1974 Mr. Al Miron, Councilman Kalispell City Council C/O Veterans' Affairs Division Ford Building Kalispell, Montana 59901 Re: Kalispell Water Distri- bution System - Schedules II & III 58 Dear Al. Recent correspondence with Mr. Tynes of Tynes Construction Company indicates that work will resume on the subject project on April 3. The contractor plans to begin testing the installed water line near Center Street on Meridian Road and progress northwards. Service connections and connections to the existing system will be made after the water main has passed the required pressure tests. Very truly yours, THOMAS, DEAN & HOSKINS, INC. DED/tej cc - Mr. Max Lauder - Kalispell City Engineer STUDIES - DESIGN - SURVEYS Street & Alley - Councilman Rapp moved authorization to call for bids for a compacting street roller. Seconded by Councilman Miron. Carried. Advisory Election Expense - Councilman Happ moved the cost of the Conrad Mansion Advisory Vote be paid out of the Park Budget. Seconded by Councilman Miron. Carried. Finance - Establish Revenue Bond Reserve Fund for Sewerage System - Revenue Bond, Series 1972. RESOLUTION NO. 2958 Councilman Sliter moved adoption of Resolution No. 2958 A Resolution to establish a 072tRevenue bond Reserve Fund, in the amount of $20,000.00, for (Res. 2861) Series 1972 Sewer Revenue Bonds, to be transferred from Sewer Service Cash Funds and direct ing the City Treasurer to invest the 9721 Revenue Bond Reserve Fund. Seconded by Councilman Miron. Roll Call Vote. All voted aye. Parks - Authorize trip to evaluate equipment - Councilman Daley moved Bill Clements be authorized to travel to Missoula at city expense, March 29th, to examine a street roller. Seconded by Councilman Schwartz. Carried. Business License - Councilman Sampson reported the Chamber of Commerce Committee will be meeting to review the proposed business license ordinance at noon at Hennessey0s a week from Friday, April 12th. 59 1 Letter regarding West entrance to Kalispell - Councilman Sampson read the following letter: harold Sampson City Councilman Kalispell, Montana Dear Sir; 134 N.F. 97th Portland, Oregon 97216 March 8, 1974 As a visitor to your lovely city, I would like to lodge a formal complaint with the city council. Two local business establishments on Highway 2 (Gibson's and Roy Stanley Chevrolet) have installed lights in their parking lots which are so incredibly bright that they are serious safety hazards for anyone driving that stretch of read at night. When driving into Kalispell on Highway 2 from the west, these two business establishments are some of the first encountered. Since there are no appreciable lighting systems between Libby and Kalispell, the eyes of any driver will have a tendency to be adjusted -to darkness (thereby being sensitive to light). Upon being invaded by such intense light, it does take several seconds before the driver can see adecustely again. On the other ' side of the coin, these lights are so bright that regardless of the driver's condition, the lights" reflection6%now and/or wet pavement make such an intense lighting system that it is impossible to see through. It is like driving blind into the sun and hoping no other vehicles are in the way. I think I have made my point as to the fact that these lights are a significant traffic hazard; however, I would like to add another comment. I live in Portland, Oregon. All year we have had to conserve energy in any way possible. We sit in three hour gas lines; we walk, ride bicycles, and ride the bus in order to stay out of our cars; we turn down lights and turn off anything that could be considered an electical luxury. Maybe I am being overly sensitive, but to see such extravalcantly bright lights in a parking lot is personally offensive.. It not only is ridiculous (considering future energy levels) but it represents a totally insensitive response to people having ignificant energy difficulties who live within the same geographical region and within the same power system. In an attempt to be fair, I made myself question the reason for having such bright lights in these particular perking lots (the Gateway West Shopping Plaza has a much more reasonable lighting system). I could come up with only three possible reasons: (1) customer convenience, (2) theft prevention, and (3) customer recognition of operating business hours. It seems to me that none of these reasons justify such a traffic hazard nor justify consumption of so much electricity. All three of these reasons would be served as well by leaving half the lights off. 3eing from out of town, I am not sure of the proper proceedure to follow. I would request, though, that this complaint be properly channelled and presented in the correct place. I feel the request is important and I cannot imagine that I =m alone in my feelings. In conclusion, I will reiterate the complaint as follows: the lights in the parking lots of Gibson's and Roy Stanley Chevrolet on :highway 2 are too bright and should be turned down. The first justification for this complaint and request is one of traffic safety. The second justification for this complaint and reeuest is one of proper energy consumption. Si-ncere y, Steven R. ewer ,namber of Commerce 60 Authorize travel - - Councilman Schwartz moved Ralph Jackson be authorized to travel at city expense to Missoula on March 28th for the purpose of investigating extension of inspections to 4� miles outside city. Seconded by Councilman Daley. Carried. House Moving Policy Formulation - - Councilman Schwartz moved the following policies be formulated for the moving of houses from one lot to another: 1. Require certificate from owner of property where house is to be newly located. 2. The people in the area where house is to be moved to be contacted to obtain their opinion on the proposed house location prior to council approval. 3. Council approval is to be obtained before house is moved. Seconded by Councilman Slater. Carried. Subdivision Regulations - - Councilman Schwartz reminded Mayor Bjorneby and members of the council that they have until July 1st to adopt subdivision regulations and that he would like to have several meetings prior to that time, devoted_ to review- ing proposed subdivision regulations for determining any changes that may wish to be made. The Planning Board director will be willing to meet with us to go over the proposed regulations with the Mayor and Council. A tentative meeting was scheduled for April 29th in the Council Chambers at 7:30 P.M. Councilman Miron was excused from the meeting at this time, as he had previously requested. Safety - State Meeting Police Chiefs - Councilman Thomas moved Police Chief Waggener and Detective Lt. Bob Sevier be authorized to attend the Chiefs' Meeting in Butte the 18th and 19th of April, with I travel by private transportation authorised. Seconded by Councilman Schwartz. Carried. Request for gate for tennis court .- Councilman Thomas reported the receipt of a Letter from Peterson School PTA requesting that a gate be installed at the Southwest corner of the tennis court adjoining the school. Councilman Thomas moved the City Council grant permission to the Peterson School PTA to install the requested gate at their expense. Seconded by Councilman Sliter. Carried. Appointments and Confirmations - In response to letter from Fire Chief Peters, Mayor Bjorneby appointed Roger Weller, Asst. Fire Marshall, for a six month probationary period beginning April 1, 1974. and ask council consent. Councilman Thomas moved approval and consent to the pro- bationary appointment of Roger Weller as Asst. Fire Marshall, effective April 1, 1974. Seconded by Councilman Daley. Carried. A letter from Chief Peters reported the satisfactory completion of the probationary period of John Altenberg. Mayor Bjorneby confirmed John Altenberg as fireman and requested council consent. Councilman Sitter moved approval and consent to the con. firmation of John Altenberg as fireman, effective April 1, 1974. Seconded by Councilman Knapp. Carried. City Representative on Flathead County Gambling Commission - - ' Mayor Bjorneby asked council consent to the appointment of Councilman Daley to the Flathead County Gambling Commission as city representative. Councilman Thomas moved approval of the appointment. Seconded by Councilman Sampson. Carried. Government Study Commission - - RESOLUTION NO. 2959 - Councilman Thomas moved adoption of Resolution No. 2959 A Resolution establishing a three (3) member board government study commission. Seconded by Councilman Knapp. Roll Call Vote. All voted aye. M 1 Letter from League of Cities and Towns regarding a_meeting to consider gambling regulations - Yogo Inn, Lewistown, April 5th, 1:00 P.M. Councilmen Sliter moved the City write Mr. Misner, Executive Director of league of Cities & Towns, that Kalispell is considering a $1,000.00 license for gambling. Seconded by Councilman Thomas. Carried. letter regarding lease of old dump grounds (on Willow Glenn Drive). Councilman Sampson moved the City approve lease of the property at $35.00 per month. Seconded by Councilman Daley. Carried. MISCELLANEOUS BUSINESS License & Permit Bonds - - Dick Jukich excavation -street & alley Northwestern Telephone Systems, Inc. street excavation bond certificate of insurance per Section 24-81 The Code of the City of Kalispell, Montana Councilman Schwartz moved acceptance of the bond and certificate of insurance. Seconded by Councilman Sampson. Carried. Bond requirement for legal advertising publisher - Councilman Sliter moved a $2,000.00 performance bond be required of the city's legal advertiser. Seconded by Councilman Daley. Carried. Recovery Mansion Expense - - Councilman Knapp raised the question of possible recovery cost incurred on the Mansion Project. Following discussion, City Attorney Donahue suggested a committee of the council be selected to meet with the Campbell family representatives regarding possible settlement. Mayor Bjorneby appointed Councilmen Happ, Daley and Sampson. Mr. Colin Wills requested the Mayor appoint Councilman Knapp to this co®ittee. Mayor Bjorneby denied the request. Planning Board Member Replacement - - Councilman Sliter inquired of Mayor Bjorneby as to replacement for Mr. Jim Murphy on the planning board. The names of James J. Thompson and Lee Bishop were tendered as replacements. Councilman Schwartz moved James J. Thompson be selected to replace Jim Murphy on the planning board. Seconded by Councilman Sliter. Carried. There being no further business, Mayor Bjorneby adjourned the meeting. Minutes appro su itted to council members, April 15, 1974.