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06/16/75 City Council Minutes345 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., JUNE 16, 1975, IN THE COMMUNITY ROOM OF CONRAD NATIONAL BANK. ACTING MAYOR HAPP PRESIDED, COUNCILMAN SLITER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES - Councilman Williams moved the minutes of the June 9,.1975 meeting be approved as presented. Seconded by Councilman Bergstrom_. Carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for April. Police Chief, Police Judge, Sanitarian and Director of Public Works for May. Councilman Daley moved approval of the city officials reports. Seconded by Councilman Schwartz. Carried. ADDRESSING THE COUNCIL Mr. George Clark, Administrator for Flathead Health Center, stated that the new hospital would like to petition to form a Special Improvement District for paving the road from the hospital to Highway #93. They have considered paving the north - south road also, but there are some property owners on Clairmont Drive who are not yet ready, so would like to proceed with the east -west road. Councilman Schwartz stated that he thought the council would rather do both roads and recommended that the council take the matter under advisement. COMMITTEE REPORTS AIRPORT - Councilman Bergstrom reported that a third baseball field is being constructed at the airport. Also, the airport board will be meeting to discuss the loss on the hay crop. SEWER & WATER - Councilman Olson moved the Mayor be directed to sign the contract with the Montana Highway Department for the removal and reinstallation of the water line on reconstruction project of South Loop (Airport) Road, with the cost being approximately $105,000.00 with one-half funded by the State, and returned with a cover letter recommending a sleeve be installed under the road to facilitate any changes we may have in future for a larger line. Seconded by Councilman Daley. Carried. Councilman Olson added that the committee would direct the city clerk to budget approximately $52,006.00 in the water department budget for the project, with the cost of the sleeve to be added if the state agrees to the installation. Councilman Olson reported the apparent low bidder on the Storm Sewer Project on First Avenue East was Utility Builders, Inc. and that he has been informed by the engineering firm, Thomas, Dean & Hoskins, that the bid is acceptable to them. Councilman Olson moved':the City accept the bid from Utility Builders, Inc, subject to sale and delivery of bonds. Seconded by Councilman Schwartz. Carried, Councilman Olson reported the committee has done a lot of research as to the financing of the project. They believe the cost of the project will be as follows: Utility Builders, Inc. $314,371.55 Thomas, Dean & Hoskins, Eng. 33,794.94 Service Fee for City 20,000.00 Engineering Fee -Phase II 43,000.00 Bonding Sales 5,500.00 TOTAL COST 416,666.49 The first two items will cover Phase I and the service fee will cover administration costs to the city for the next 30 years. The engineering fee for Phase II should be allowed so that plans can be formulated now. The Sewer & Water committee feels that It is very important to-do the engineering for Phase II now because of EPA regulations. They feel that if the EPA puts out future grants for projects, the City may be one of the first in line for a grant for Phase II if the engineering is done. 346 The last item of expense, approximately $5,500.00 for hiring a bonding sales company seems the best way to approach the bond sales. An outside firm will handle the legal advertising and sell the bonds. If the firm is not successful in the bond sales, there is no fee. Councilman Olson moved the Sewer & Water Committee be given.power to obtain the services of Dain, Kalman, & quail or D. A. Davidson, Inc. to assist with the funding for the Storm Sewer Project. Seconded by Councilman Schwartz. Carried. Councilman Olson reported that Director of Public Works Knebel has submitted to the Sewer & Water Committee plans for a storm drain on Main & Idaho. The committee believes that this plan is more in compliance with what we want than the plans from the highway department. It will eventually tie in with the storm drain project. The committee has directed him to submit the plans to the highway department and also to try to persuade them to pay for the material if the City provides the labor, a total cost of approximately $2,000.00. Councilman Olson also reported that his committee will be working to revise the sewer ordinance. That we have many items to change in the near future to comply with EPA regulations. PETITION - Stillwater Bridge - Dr. John Roche presented a petition to the council, headed as follows: We, the undersigned, are opposed to theplacementof a bridge on the StillwaterRiverand routing of traffic in either direction from the.Old Whitefish Road.to North Main, or from North Main to the Old Whitefish Road. The petition was signed by 67 residents of North Main; 1st. Ave. E. N; and Arizona Street. Dr. Roche explained further that these residents feel there will be_increased traffic on North Main, creating a dust problem. Also, felt that the building of the bridge was planed secretly and not publicized in the news media. He stated that he felt they were too late to stop the building of the bridge, but would be happy if the I access road from North Main to the bottom of the hill were paved to alleviate the dust problem. Councilman Schwartz explained at length that the plan for the road through Lawrence Park was part of a long range comprehensive development plan for that area. That it should have had more publicity, but that when the county asked permission to build . the bridge to provide an access to the city when the building of the Northwest Dam Bridge was held up by an injunction, and offered to pay the entire cost of the bridge, it seemed -to the entire council.to be the answer to the-county's problem as well as the city's problem of hauling -gravel from the pit to the east side of town without going down North Main Street. The council thought they would be eliminating city truck traffic on North Main. Looking ahead a few years, if the area becomes develop- ed,. the county -plans to build a. second bridge and a road in the area of Dr. Wildgen's home. Right now there are about 5 families who mightusethe bridge until there is another access to town.. Councilman Schwartz reported further that the bridge will have a span of about 76 feet and if constructed at a later date, would cost about $250,000.00. The council -felt that getting this bridge for a cost of $2,500.00 of revenue sharing funds was good business and that they would not have been fulfilling their duty to let it pass The council felt that they were helping the North Main residents because the city will be hauling gravel from the pit for a period of 5 to 15 years, and the heavy loaded trucks can tear up a good road fast. Councilman Schwartz stated further that he knows there Is a dust problem at the top of the hill, and he believes the city will pave the hill to alleviate the dust problem. There will be no logging trucks or heavy truck traffic. Councilman Schwartz also said he regretted the fact that it was done quietly, but it was not planned to do it that way and keep the residents uninformed, and he is sorry it happened. Dr. Roche asked Councilman Schwartz if he could safely assure the residents that the hill would be paved. Councilman Allen said that he was not sure we can pave that kind of a grade. Discussion followed that it was a 6% grade and can be paved. Councilman Schwartz said he was fairly certain the road would be paved to take care of the dust problem. Councilman Daley added that many people who live here do not know there is a Lawrence Park in Kalispell. That for many years the council had hoped to have a bridge so that there would be another entrance to the park. That when Flathead County thought they Em might be tied up on the Northwest Dam Bridge for a year or more, they offered to build the bridge and all the council thought it was a good solution to our own problem. Dr. Roche replied that he knew of this as he was formerly chairman of the parks com- mittee when he was a councilman. That he thought the nicest thing the council could do would be to publicize the explanation of why this bridge is being built, and while the petitioners may not like it, they will understand it. Councilman Williams questioned the safety of a one -lane bridge, the adviseability of routing the city trucks to the east when their destination may be the south or west part of the city and why the City -County Planning Board had not been asked for an opinion. He stated that the City -County Planning Board is designed to investigate the environmental impact, traffic problems and any other problems that might arise. That this project was not investigated by the Montana Fish & Game or Highway Department. Councilman Williams moved the question of the bridge be placed in the hands of the Planning Board for further review, investigation and/or modification and their recommendations be given to the county commissioners and city council. Seconded by Councilman Allen. Councilman Daley reminded the council that the probject has already been passed by the council. Councilman Allen withdrew the second to the motion. Councilman Williams withdrew the motion. Councilman Williams moved that this council rescind the action apparently taken in March, 1975, and reiterate the first motion thereafter. Seconded by Councilman Allen. Councilman Daley moved that the motion be tabled until the next meeting so the council can be advised on the legality of this motion. Seconded by Councilman Schwartz. Williams Councilman stated that it was his understanding that the Planning Board has sent letters to the commissioners and acting mayor asking for a discussion with them. Their next meeting is June 24th and very likely a recommendation could come forth at that time. Councilman Williams stated he could see no reason for tabling the motion at this time. Question called. Schwartz, Daley and Olson voted aye. Bergstrom, Williams and Allen voted no. Acting Mayor Happ voted aye. Motion to table carried. COMMITTEE REPORTS PARKS - Councilman Daley reported that the Inter -Local agreement to upgrade our tennis courts is progressing. We have the final form, but it has to be signed by the school district. the county, city, and state attorney general. Councilman Daley moved the council direct the Director of Public Works to formulate and publish a call for bids for a 2-court tennis court, combined with 2 basketball stops and provision for volley ball play, to be constructed at Thompson Field, with bid opening the second council meeting in July. The money for the project is budgeted In the 5-Parks BOR Project. Seconded by Councilman Bergstrom. Carried. Councilman Daley reported a third field for womens softball has been graded for a practice field out on Conrad property. Another field is being prepared for mens soft- ball by the airport. HEALTH - Councilman Daley reported that the health committee will have a report and a discussion on the garbage problems at the next regular meeting - consider pickup by private business - where dog catcher is responsible - look at suggestions for making a more efficient organization. GAMBLING - Councilman Daley, representative of the city council, reported on the County Gambling Commission meeting. The county is revising and upgrading their license fees to compare with the cities. The county attorney reported he had information that the federal gambling stamp may go from $50.00 to $500.00, which may discourage some establishments. They are considering equipment for making badges for all dealers so that they can be easily identified. Councilman Daley reported that the hike -bike path around Woodland Park depends upon a legal situation and may not be completed this summer, but work is being done on the project. 348 STREET & ALLEY RESOLUTION NO. 3019 of Intention Councilman Allen moved adoption of Resolution No.-3019 A Resolution/to create S.I:D. #322 in the Highland Park Addition #2 on Buffalo Hill for -road improvements to the hospital sits. Seconded by Councilman Schwartz. Roll Call Vote. All voted aye. Councilman Allen moved that Peterson School be allowed a curb cut on Meridian Road. Seconded by Councilman Bergstrom._ Carded., RESOLUTION NO. 3020 _ Councilman Allen moved adoption of Resolution No. 3020 a Resolution ordering curbing on both sides of Crestview Road, north of Northridge Drive. Seconded by Councilman Williams. Roll Call vote. All voted aye. Councilman Williams reported on the June 10th meeting -of the City -County Planning Board. The board reviewed the Slams Addition, proposed Hamilton Addition and the. Stillwater Bridge project. The board directed a letter to be written to the county commissioners and Acting Mayor Happ inviting them to attend the June 24th meeting to discuss the Stillwater Bridge proposal. Acting Mayor Happ stated that she had not received the letter, and did not know what Councilman Williams meant when he had referred to the letter earlier in the meeting. EMPLOYMENT - Councilman Williams reported the employment committee has 'worked out the following changes in the residency requirements and Would like them adopted as an ordinance: ARTICLE VIII Frnployess of the City of Kalispell Sec. 1, Residency Full Time and Temporary Employees. A. B. C. See. 2. A. Every person employed full time by the City shall reside at -the time he is employed and at all times during such employment within the confines of Flathead County. Persons employed for temporary consult- ation work, of a technical or professional nature, and those employed in an administrative capacity -as defined in Section B, shell be . excepted from such residential requirements. All persons employed -by the City to serve in an administrative cap. acity (i.e., City Engineer, Police Chief, Fire Chief, Supt. of Street Dept., Supt. -of Water Dept. and others as may be designated by the City Council) shall reside within the confines of the defined city limits unless otherwise authorized by the City Council. Present city employees who may desire to move outside the defined city limits of Kalispell and those future employees who may desire to move outside the defined city limits of Kalispell may do so with -the advise and consent of their department supervisor and the advise and consent of the employment committee. Travel Costs, Methods of Computation, Approval of travel and -Claim for reimbursement. All employees of the City who shall be required to travel outside the City on the official business of the City -shall be governed by Article II, 2.17.1--2-17.6, 7 349 Councilman Olson moved that the city attorney review the proposal for legality and draft into proper ordinance form by the next regular meeting. Seconded by Councilman Williams. Carried. Councilman Williams moved that cut-off date for overtime hours worked by employees be the 20th of each month, to allow payroll clerks ample time to figure payroll. If any overtime is worked between the 20th and the regular cut-off date, the 25th, the employee will be compensated for the overtime the following month. Seconded by Councilman Schwartz. Carried. Councilman Williams announced the council will meet as a committee of the whole at 5 P.M. Tuesday evening in the council chambers, for the purpose of considering the city offer for wage negotiations for 1975-1976. At this meeting, times will be set to meet with the various employee groups for negotiations. Mr. Dean Marquardt addressed the meeting, at the request of Acting Mayor Happ, regard- ing action on the flood plain insurance. He stated that he could prepare a report for HUD on flood plain delineation for the Sylvan Drive and College Avenue area in time to send with the request for flood plain insurance by July lat. He said he would have to run a water level, follow water courses to the river, review information prepared by the Army Corp of Engineers, but felt he could do it in 10 days and have it ready to send with the request before July 1st. Councilman Olson felt that the property owners involved in the designated flood plain area should pay the cost for any delineation maps to change their delineation. Mr. Marquardt was thanked for his appearance at the meeting. RESOLUTION NO. 3021 Councilman Daley moved adoption of Resolution No. 3021 A Resolution authorizing the mayor to make application for flood plain insurance. Seconded by Councilman Bergstrom. Roll call vote. Councilman Williams abstained. All other councilmen voted aye. The resolution was adopted. 1 RESOLUTION NO. 3022 Councilman Schwartz moved adoption of Resolution No. 3022 A Resolution amending the building codes in existence to comply with flood plain standards. Seconded by Councilman Daley. Roll call vote. Councilman Williams abstained. All other council- men voted aye. The resolution was adopted. MISCELLANEOUS BUSINESS Councilman Williams moved that Section 2-3 of the City Code which now contains only the rules and duties of the Safety Committee, be expanded to include all standing committees of the council, the manner of appointment, duties, number to serve, and who they are responsible to and that the Mayor direct the committee chairmen to prepare job description, present to the city attorney for review and drafting into ordinance form to be presented the second meeting in September. Seconded by Council- man Bergstrom. Carried. License & Permit Bonds Ronnie Pack, dba Pack & Company Excavation Continuation Certificate. Councilman Schwartz moved acceptance of License & Permit Bonds as approved by City Attorney Donahue. Seconded by Councilman Bergstrom. Carried. There being no further business, the meeting was adjourned. Minutes approved as presented, July 7, 1975. Norma E. Happ, Acting r ATTEST: Marjo a Giermann, Deputy City Clerk