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07/15/74 City Council Minutes128 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, WAS HELD IN THE COMMUNITY ROOM OF THE FIRST NATIONAL BANK JULY 15, 1974. ROLL CALL WAS HELD AT 7:30 P. M. COUNCIINEN MIRON; HAPP; KNAPP; AND SCHWARTZ RESPONDED. A QUORUM WAS NOT PRESENT. INFORMAL DISCUSSIONS WERE HELD UNTIL 8:05 P. M. AT WHICH TIME COUNCILMAN SLITER ARRIVED AND THE COUNCIL MEETING WAS CALLED TO ORDER. APPROVE MINUTES Councilman Miron moved approval of the minutes of the July 1, 1974 council meeting as distributed. Seconded by Councilman Happ. Carried. CITY OFFICIAL REPORTS City Clerk and City Treasurer for May. Police Chief; Police Judge; City Sanitarian; City Enginser.for June. Fire Department Quarterly Report. Councilman Miron moved approval of the City Officials Reports as presented.. Seconded by Councilman Knapp. Carried. CONSIDERATION OF GAMING LICENSE The application of Virgil Joseph and Arlene.Joseph for General Gaming. License; 2 poker tables; 1 panguinque table for Joseph's Lounge was found to be in order and accompanied by the proper fee and the applicants were present to respond to questions of Mayor.Bjorneby, Councilmen and City Attorney Donahue. Councilman Miron moved approval of the license application and the issuance of the proper licenses. Seconded by Councilman Rapp. Carried. The application of William L. Kohlback for General Gaming license; one poker table for Stockholm Bar was found to be in order and accompanied by the proper fee and the applicant was present to respond to questions. Councilman Miron moved approval of the license application and the issuance of the proper licenses. Seconded by Councilman Sliter. Carried. The application of Jack's Tavern, Inc., R. Neil Hunter, President; Robert S. Hunter, Secretary, for General Gaming License; one poker table for Jack's Tavern was found to be in order and accompanied by the proper fee and the applicant was present to respond to questions. Councilman Knapp moved approval of the license application and the issuance of the proper licenses. Seconded by Councilman Sitter. Carried. - The application of Fred M. Fry for General Gaming License for Kalispell Bar was found to be in order and accompanied by the proper fee and the applicant was present to respond to questions. Councilman Miron moved approval of the license application and the issuance of the proper license. Seconded by Councilman Sliter. Carried. Councilman Schwartz moved enforcement of the Gambling Regulations be effective beginning July 16, 1974. Seconded by Councilman Miron. Carried. LICENSE & PERMIT BONDS LIQUOR AND BEER LICENSE APPLICATI L & P Bonds . Olson Holmes & Flathead Block dba Flathead Valley Contracting & Engineering Co. House Mover Liquor & Beer License Applications Sykes Grocery . Douglas Wise Rosauer's Super Markets, Inc. . J. M. Rosauer, President B & B Stores, Inc. . J. E. Brown, President Off Premises Beer Off Premises Beer Off Premises Beer 1 The Bond and Beer License applications were reviewed by City Attorney Donahue and found in order. Councilman Miron moved acceptance of the bond and applications approved by the City Attorney. Seconded by Councilman Slater. Carried. ADDRESSING THE COUNCIL Mr. Rudy Hoocker - Member of Parking Commission - reported he has received three telephone calls in a two week period asking that a longer term parking meter be placed in front of the Northwest Artists Association Gallery located in the 100 Block of 2nd Street West, saying that the 24 minute limit meter now there does not give adequate time to conduct business at the art gallery. Councilman Happ reported that the 24 minute limit meter was installed for the hearing aid center. Councilman Miron moved the request be referred to the Council President to review and act. Seconded by Councilman Knapp. Carried. Mr. Hoacker reported that he and his partner have purchased the lot immediately south of the City Water Department building and wish to change the lot into a - parking lot for retail purposes, and would like to have removed, two of the meters In front of this lot on lot Avenue East. By doing this they will be able to have two additional spaces on the lot and will have the entrance to the lot on lot' Avenue Fast and the exit through the alley. Mayor Bjorneby referred the request to the Parking Committee for consideration. W. Hoecker asked approval of the location of O'Dome Structures on the lot adjacent to the water department building on a temporary basis and -dependent upon the City decision of moving the city hall (water department building 6 city hall). These O'Dome structures would be used by the Air Force (recruiter). Councilmen Knapp saved this request be referred to the annexation committee. Seconded by Councilman Miron. Carried. RESOLUTION NO, 2974 AUTHORIZE CALL FOR BIDS FOR SID 321 CONSTRUCTION ' Councilman Miron moved adoption of Resolution No. 2974 A Resolution authorizing Call for Bids for Construction on SID 321. Seconded by Councilman Sitter. Roll Call Vote. All voted aye. REVENUE SHARING ACTUAL USE REPORT Expense categories of the report were considered and held for further review at the July 19th meeting. COMMITTEE REPORTS Annexation - -Preliminary Plats - Councilman Schwartz reported receipt of three letters from the City -County Planning Board concerning preliminary plat approval. Councilman Schwartz moved acceptance of the preliminary plat of Sunset Addition No. 4, subject to the conditions set forth by the City -County Planning Board. Seconded by Councilman Miron. Carried. Councilman Schwartz moved acceptance of the preliminary plat of French Addition, subject to the conditions set forth by the City -County Planning Board. Seconded by Councilman Slater. Carried. ' Councilman Schwartz explained that R-J's Northern Park is a subdivision not to be within the city limits, but to comply with Section 11-3866 RCM 1947 as amended, the planning board is required to submit the preliminary plat to the City for review and comment. Councilman Schwartz moved approval of the plat of W's Northern Park with the recommendation that the conditions set forth by the City -County Planning Board be followed. Seconded by Councilman Miron. Carried. Finance - -June Claims - Councilman Sliter reported the committee has audited and approved for payment, claims against the city for the month of June, with the exception of one and moved that 130 those approved by the finance committee be paid. Carried. .Investment in Savings & Loss. Seconded by Councilman Knapp. Councilman Sliter reported that Savings and Loan Associations are now approved for municipalities and moved the City Treasurer be authorised to set up an account with the First Federal Savings and Loan Association as allowed by law. Seeonded by Councilman Miron. Carried. -City Hall Project. Councilman Sliter moved action on city hall project be postponed until after budget sessions are completed. Seconded by Councilman Miron. Carried. Street &--Alley -Parking Lot lease - Councilman Hopp reported a'parking lot lease with First Federal Savings & Loan Association for the lease of Lots 13 and 14 of Block " witif all day type "'meters at rate of 10c per hour or 25e for three tours is now ready for signing. Councilman Happ may approval of the lease and authorisation for Mayor Bjorneby to sign the lease on behalf of the City.. Seconded by Councilman Schwartz. Carried. -Sidewalk Encroachment - Councilman Rapp reported the trim on the windows at the Now Vista Club location encroaches on the city sidewalk. This will be held in committee and a further report submitted at the next meeting. Sewer &Slater - -Temporary Water Service Councilman Miron reported service will be granted as per City Attorney letter to Public Service Comelasion: Public Service Commission State of Montana 1227 llth Avenue Helena, Montana 59601 Temporary water Service to Oscar H. Olson, Kalispell, Montana Dennis Crawford, Deputy Administrator 1 ■ Re: Att: -- — - City of Kalispell, Montana July 8, 1974 Dear Mr. Crawford: Reference is made, to our telephone discussion in -captioned matter on July 2, 1979. The facts in this matter are as follows: Mr. Oscar H. Olson is the owner of a private water system serving slightly less than 50 customers a short distance outside the city limits of Kalispell. Mr. Olson's system operates from private wells served by two pumps. Recently one of his pumps broke down and he is experiencing difficulty having it repaired. He has requested the City furnish him water on a temporary basis while he gets his pump repaired. The City has no objection to furnishing this water on a temporary basis but we do not wish to extend the City water service to the Olson controlled area unless that area becomes annexed to the City and we will not furnish water to him if the City would be held to have extended its water system to this area. Upon my explaining this situation to you on July 2nd you advised, after consulting with the Commission, that the City could do this on a temporary basis with no -potential holding that the City would be deemed to have extended its water system to the entire Olson controlled area - Accordingly, the City of Kalispell will furnish water to Mr. Olson through his system on the following conditions: 1. Water will be furnished for a temporary time only not to exceed 90 days. 131 2. Mr. Olson will be responsible for contacting the City Water Department and having the meters of his customers. read before any water is furnished. When the City terminates furnishing water to the Olson system the meters will be again read and Mr. Olson billed directly for the entire amount furnished his customers. Mr. Olson will be responsible for the entire amount billed and how he collects from his customers is his sole responsibility and not that of the City Water Department. 3. It is definitely agreed and understood that by the City furnishing water to the Olson system this should not amount to an extension of the City water lines beyond its present limits and the City shall incur no added responsibility to furnish water to the Olson system beyond the 90 day period covered hereby.. - max .uauuer. . t� �rCaL l Dear Mr. Olson: This self explanatory copy of our letter to the Public Service Commission is furnished you as a recitation of the terms and conditions under which water will be furnished to your system as per your recent request. You should make immediate arrange- ments with the City Water Department to have the meters of your customers read as water will not be furnished to you until this is done. When your pump is repaired and you go back on your own system you must advise the City Water Department immediately so the connection can be terminated, At the same time you will re - contact the City water Department to have the meters of your customers read to calculate the amount of water furnished to you during this period. You will be billed directly for the entire amount furnished at the current pate for out of city water and it will be your responsibility to pay this amount to the city. You can collect the various amounts from your customers as you see fit. If you are not willing to accept water on these conditions I am ' advised the City will not furnish water to your system at this time. Very truly yours, Norbert F. Donahue City Attorney 132 .Award of Bid. Coluneilman Miron moved the bid for SID 316 Construction be awarded to Trails End Construction with the bid deposit to be returned when the contract is signed by Trails End Construction. Seconded by Councilman Sliter. Carried. -Report Water Distribution System. Councilman Miron submitted following report: 77 11 Q�p TIVOMAIS, DEAN IS HOSKINAr INC9 DQ �1 923 South Main Street %%�� 4onbl ping Gngineere Kalispell, Montana 59901 T, H. Thomas, President Ph. 756-2516 - Area Code 406 Wayne W. Dean, Secretary -Treasurer 'OFFICES IN GREAT FALLS, B0ZEMAN ANMKALISPELL 1200 Twenty -Fifth Street South Great Fells,Montane 59405 Ph. 761-3010- Area Code 406 July 15, 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 I, II & III Dear Al, The following report is being submitted to inform you of progress on the subject projects: Schedule I: The fan guard that has been delaying completion has arrived and has been installed. Recently Pump No. 1 has shown signs of possible bearing failure. Efforts are being made by the contrac- tor to correct the situation. We suggest that the project not be finalized until this is corrected. Schedules II & III: Work remaining to be done includes installation of one sewer line crossing, final clean up, and gravel and asphalt replacement. Very truly yours, THOMAS, DEAN & HOSKINS, INC. By: �•� Douglas Daniels DED/tej cc: Mr. Max Lauder - Kalispell, Montana STUDIES • DESIGN - SURVEYS 33 -Withdraw Nearing Request. Councilman Miron reported that the Miskulins have withdrawn their request for city water service and the city has therefore withdrawn the request for a public hearing with the Public Service Commission. -Trade Deed for Easement- Counoilsian Miron reported it is necessary to trade a dead for a 16 ft. easement to gain access for the service of a ditch. Councilman Miron saved City Attorney Donahue be authorized to prepare the documents and that Mayor Bjorneby be authorised to sign the necessary documents. Seconded by Councilman Sliter. Carried. Disposal Plant Operations and Maintenance Manual Councilman Schwartz reported the manual is necessary to qualify for EPA grant money. City Engineer Lauder has been working on this and will not have time to complete the manual and that this should be turned back to the project engineer for completion. Councilman Miron moved this be referred to the Sever & Water committee with power to act. Seconded by Councilman Sliter. Carried. MISCELLANEOUS BUSINESS Police Judge Replacement Police Judge Frodenberg's resignation is effective July 21st. Mayor Bjorneby and Councilmen discussed possible replacements with further consideration to be made at the July 19th meeting. Hard One Councilman Replacement Councilman Schwartz asked Mayor Bjorneby and Councilmen to meet at the conclusion of the council meeting to give some consideration to Ward One councilman replacement. Letter of Resignation - Mayor Bjorneby reported receipt of the followings 15 July 1974 Honorable Mayor Bjorneby, Please accept this as nW letter of resignation as City &kgineer. I have enjoyed working with you this past year, however for personal reasons I feel it is best for my own career and professional development to resign at this time. I would like to remain in office no later then the end of Augest or any time earlier at your convenience. urs�tru7,y N7: A'lax Mayor Bjorneby said the City will miss Max Lauder, but that he was acre that he has good reasons for his resignation and extended a vote of thanks to Max. Councilman Miron moved acceptance of the resignation at the convenience of the Mayor and City Council and that the City Clerk be authorised to advertise for the filling of the vacancy when instructed by the employment committee. Seconded by Councilman Schwartz. Carried. 134 Conrad Museum Progress Report Councilman BePP reported .the committee met with the family and members of the musenm,board and that the museum board was to have further meetings with the family. Mayor Bjorneby reported members of the museum board have reported further progress is being made and further contacts will be made with the family. Councilman Sliter moved adjournment. Seconded by Councilman Rapp. Carried. 1 1