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07/07/75 City Council Minutes356 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD IN THE COMMUNITY ROOM OF CONRAD NATIONAL BANK AT 7:30 P. M., MDNDAY, JULY 7, 1975. ACTING MAYOR HAPP PRESIDED. ALL COUNCIIMEN WERE PRESENT. APPROVE MINUTES - Councilman Daley moved the minutes of the regular June 16, 1975 meeting be approved as presented. Seconded by Councilman Allen. Carried. Councilman Williams moved the minutes of the June 23, 1975 special meeting be ap- proved as read. Seconded by Councilman Bergstrom. Carried. Councilman Daley moved the minutes of the June 25, 1975 special meeting be approved as read. SecondedbyCouncilman Sliter. Carried. Councilman Daley moved the minutes of the June 30, 1975 special meeting be approved as read. Seconded by Councilman Bergstrom. Carried. SEWER REVENUE BONDS Councilman Olson moved Acting Mayor Happ be authorised to sign an agreement retain- ing the services of D. A. Davidson, Inc., Great Falls, as financial consultants for the sale of sewer revenue bonds for financing the Storm Sewer Project on 1st. Avenue East. Seconded by Councilman Slater. Carried. ADDRESSING THE COUNCIL - Mr. Tom Herlock stated that he was concerned with the apparent haste with which the city council decided to build the bridge in Lawrence Park across Stillwater River. He asked if the park is to be used for recreation. Councilman Daley replied that future plans are to build a sports complex because of the large area available. COMMITTEE REPORTS - ANNEXATION - Councilman reported that he had just received a petition requesting annexation of the Guest Addition #61. That the area would house a roller skaring I rink. He asked for time to meet with the annexation committee. Action deferred until next meeting. SLAMA ADDITION - Councilman Schwartz reported on the problems with the Slams Addition and how it had been referred back and forth between the City -County Plan- ning Board and City Council. He read the following letter from the planning board: June 26., 1975 Mayor and City Council City of Kalispell City Hall Kalispell, MT 59,901 . Honorable Mayor and City Council: At the regular meeting of the Kalispell City -County Planning Board held June 24, 1975, the Board reviewed a recommendation from the Annexation Committee concerning traffic problems in the area of the proposed Slama ' Addition. Twenty seven landowners residing in the general area of the proposed development were present and expressed concern with regard to land use, zoning, traffic problems and general acceptability of the proposal. An extensive discussion of the proposal was held, the outcome of which indicated all property owners present' opposed annexation of the development as No. 2 Residential. After public comment and discussion by the Board, the following motion was adopted: "That the Kalispell City -County Planning Board resubmit its original recommendation of March.11, 1975, regarding Slama Addition; said March 11, 1975 recommendation is as follows: 1. Vacation of the plat of Slama Addition by the County Commissioners; 357 2. That portion of West Colorado included in said plat be retained as street right-of-way and not vacated; 3. That five (5) additional feet of right-of-way on the south property line adjacent to West Wyoming Street be dedicated to the county for road way purposes; 4. That the setback from West Colorado Street be 25 feet and not 20 feet as proposed; ' 5. That the south parking complex be redesigned to provide for one-way traffic and that the traffic flow from a west to east direction; and 6. Thatpriorto final annexation a final plot plan, building elevation plan and landscaping plan be submitted to the Kalispell City -County Planning Board for review and final recommendation to the City Council; and Further, that the two proposed alternative traffic routes not be pursued since neither alleviated the existing or anticipated traffic problems, and that West Arizona and/or West Colorado extensions, West Colorado preferred, be considered as presented in the Kalispell Jurisdictional Area Comprehensive Development Plan." The Board's recommendation is submitted to your body for your consideration and action. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD �Haward Hammer�� President HH:kgb CC: Fred Sewrey Slama Associated Councilman Schwartz moved that the developer of the Slama Addition work with Director of Public Works Knebel and the Street & Alley Committee on an acceptable traffic flow pattern for the Slams Addition until the problem is acceptable to the City Council and the City -County Planning Board. Seconded by Councilman Daley. Hollister Larson. presented the following petition signed by 109 residents of the City, who live in additions adjoining the proposed Slama Addition: P E T I T I O N COME NOW the undersigned residents and property owners of the Underhill and Cameron Additions to the City of Kalispell, Montana, and petition the Board of Adjustment of the City of Kalispell, Montana, and the City Counicil of the City of Kalispell, Montane, to prohibit the erection of and to refuse to issue a construction permit for, a proposed apartment house complex in the Slama Addition, which addition is a proposed addition to the City of Kalispell, on the following grounds and for the following reasons: Said Slama Addition adjoins the Underhill and Cameron Additions to the City of Kalispell, Montana. Said Underhill and Cameron Additions are class- ified as No. 1 Residence Districts. Appendix, Zoning Ordinance, Section 7 of the Kalispell City Code requires that any new territory added to the City of Kalispell shall be in the same zone as that portion of the city which it ad- joins. Appendix, Zoning Ordinance, Section 8 of the Kalispell City Code prohibits apartment houses as an allowable use in a No. 1 Residence District. Approximately 40 of the pet it toners were present and several stated their reasons for. objecting to the annexation - mostly traffic problems and objections to R2 zoning. Question Called. Roll Call Vote. Councilman Williams voted no. All others voted aye. REQUEST TO BUILD HOME - Councilman Schwartz reported that Mr. Bill Kostka has asked permission to build a home on the East Side which does not meet the minimum require- ment for square footage for R1 zoning. Councilman Schwartz moved that the request be denied. Seconded by Councilman Olson, Roll Call Vote. Councilmen Williams, Allen and Bergstrom voted no, Councilman Schwartz, Daley, Slater and Olson voted aye. Carried. Request denied. INTERLOCAL AGREEMENT - Councilman Daley moved that Acting Mayor Happ be authorised to sign an Interlocal Cooperation Agreement between the City of Kalispell as "prime agency" and Flathead County and School District No. 5 for the purpose of securing, constructing, upgrading and maintaining tennis courts. The courts will be at Flat- head High School, Peterson School and Linderman School. The City will pay $3,500.00; Flathead County, $4,500.00; and School District No. 5, $4,000.00. Seconded by Council- man Sitter. Carried. EMPIAYMENT - Councilman Williams requested the following letters be inserted into the minutes: Police Protective Association of Kalispell office of President KALISPELL, MONTANA June 23, 1975 Honorable Mayor & Members of City Council Kalispell, Montana 59901 This letter is submitted per request of Councilman Dale Williams reflecting the refusal of the Kalispell Police Protective Association to the proposed wage in- crease presented by a portion of the city council this date. The proposal, in essence amounting to a 9 percent increase; four percent of this being in the form of health insurance and 5 percent in salary hike. S' rely, " J. DAVID &9.EWER President Kalispell Police Protective Assn. 359 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Local No. 547 i KALISPE"o MONTANA Dale lVilliams Chairman, Stage Committee City Council Dear- Sir, The members of Local 547 IAFF, Kalispell Fire Department respectfully decline your wage offer of 5% plus insurance which was given on June 23, 1975. Respectfully, r t` f��c/ d}-��fd-fi Richard Seddon Chairman local 547 wage Committee American Federation of State, County and Municipal Employees AFL-CIO. Local 256 June 259 1975 Dale Williams Chairman of Employment Committee Dear Sir, American Federation of State, County and Munioipal Employees AFL-CIo Local 256 has voted to reject your offer for the equivalent of a nine percent wage increase. It is requested that the Employment Committee set a date and time for futher negotiations with Local 256 a soon ea possible. Sincerely, Robert Za6ller Vice -President of Local 256 360 The employment committee will be meeting with the Police Protective Association and the International Association of Fire Fighters at 7:30 P. M.,next Monday, in the council chambers. STREET & ALLEY - Sidewalk for Rehabilitation Center on 3rd. Ave. East and 3rd. Street - Councilman Allen reported that Mike Chaffin, director of the Rehabilitation Center, has requested the city to remove the old sidewalk on 3rd. Street East at their Center. They hope to have volunteer labor and materials to construct the new sidewalk. Council- man Allen moved that the project be turned over to Director of Public Works Knebel to remove old sidewalk and prepare with gravel for a new sidewalk. Seconded by Council- man Williams, Carried. Discussion followed that the city might help with a ramp for wheelchairs. PARKS - Councilman Daley moved a lease be let for one year at Depot Park to Glory Days Emporium for the purpose of building a pavilian to house an antique buggy. 91or7 Days Emporium will do the building and all maintenance except mowing. City Attorney Donahue to draw the lease and refer back to Park Committee for final approval. Sec- onded by Councilman Williams. Carried. Councilman Daley reported that the bleachers have been built at Babe Ruth Park and are very satisfactory. Councilman Daley moved that Director of Public Works Knebel be requested to have bleachers built at Woodland Park like the ones at Babe Ruth Park. Seconded by Councilman Bergstrom. Carried. Councilman Daley reported that the htkeobike path at Woodland Park is very nice and the work is being done by young people from the "Speedy Program" with no cost to the City. GAMBLING RESOLUTION NO. 3025 - Councilman Daley moved adoption of Resolution No. 3025 A Resolution to amend the gambling resolution to conform with the county resolution regarding residency require- ments and wearing dealer.badges. Seconded by Councilman Schwartz. Roll Call Vote.. All voted aye. FINANCE - Councilman Slater reported that June ,claims have been reviewed by the fin ante committee and moved that the claims be paid. ,Seconded by Councilman Williams. Carried. Councilman Slater reported the 1st quarter of revenue sharing funds in the amount of $34,495.00 was received July 7th. SEWER & WATER Councilman Olson reported the following letter from Department of Health & Environmental Sciences: Department of Heath and Enronmental Sciences *� STATE OF MONTANA Environmental Sciences Division P.O. Box 1031 - ArSAnde M.D. c . I Kalispell, Montana 59901 w"C10 July 3, 1975 Mayor and City Council City of Kalispell Box 1035 Kalispell, MT 59901 Re: Storm Drain Improvements, Kalispell, Montana 361 r Honorable Mayor and City Council: Plans and specifications for the Kalispell Storm Sewerage improvements, dated Ma 1975, have been reviewed by engineers of the Environmental Sciences D on, have been found to be satisfactory, and are hereby approved. Treatment of the storm wastewaters would be provided for as part of Phase II construction in accordance with the design parameters shown in your letter of June 30, 1975. Sincerely, David Nunna lee, P.S. Public Health Engineer Environmental Sciences Division DN:jh cc: Mr. Don Willems, State Dept. of Health & Env. Sciences, Helena Mr, Doug Daniels, Thomas,=Dean & Hoskins, Inc., 923 S. Main, Kalispell Kalispell/Reading /Vin[ND MIpN {CMOM uu{.rwuN�oR N�aN Na,ti.l.. WqM, UND(NAMM {CNppC I EUDD{CNoq - NUCfILL GCNM nn.&ON= fpp[NION GCNpDU I MOOS SC a Councilman Olson reported a change order for the. Northwest Drainage Project, which will add $1,957.72 to the project, half of which will be paid by Flathead -County. SID 315 Councilman Schwartz moved acting Mayor Happ be authorized to sign the construction contract for SID 315 with Lloyd C. Lockrem, Inc., so that work may proceed. Second- ed by Councilman Allen. Carried. Councilman Bergstrom reported on the citizen participation meeting he held for Ward Two voters. It was a good question and answer session, moderated by Councilman Bergstrom, with Fire Chief Peters and Asst. Police Chief Sevier assisting in dis- cussions. Another meeting will be held in about 3 months. MISCELLANEOUS BUSINESS Acting Mayor Hopp reported that two groups have asked permission to have rock bands for dancing at Griffin Park. Police Chief McDowell reported it usually causes complaints of loud noise and vandalism and a mess left to clean. Councilmen felt generally the same way. The requests were denied, but a promise made to try and help them obtain the Armory or another suitable place for their dances. Acting Mayor Rapp presented the following letters: PATRICK T. HAYDEN SUPENINICNDENT KEITH L. ALLRED ^SST. SUPER INT t NDENT Kalispell Public. Schools Phone 755-5015 - P.O. BOX 788 - KALISPELL, MONTANA 59901 Chief Jack Peters Kalispell Fire Department City Hall Kalispell, Montana 59901 July 3, 1975 362 Dear Chief Peters: EUIENE.ONION{CM1OOE WIEVEIlJVM11011 MION WOFIIM.N SCHOOL C"00{CNO01 O W {LLUC"OI Rh M0N.N0 WO[II ION {CMOpI/ M1E00{{,CNOq I want to take this opportunity to express to the Kalispell Fire Department our appreciation for the close and efficient cooperation with Kalispell Schools that has been deomonstrated by Kalispell's fire department over the past year. As you know, there have been a number of incidents throughout the school system requiring action by Kalispell's fire department, ranging from a number of false alarms to several real fires. In all cases, you and your men have responded with a great deal of efficiency, and we are most appreciative,of the con— tinuing cooperation and close working relationship between Kalispell's fire department and Kalispell's public schools. This past year, in one day, we had several fires at Flathead High School, which were the result of arson, any one of which could have resulted in serious loss of property and quite possibly loss of life, except.for the efficiency of Kalispell's fire department, and the effective and close working relation— ship between the school personnel and your department. We do recognize and are appreciative of this excellent working relationship between the schools and your department, and look forward to its continuation. As you know, I have had experiences in other communities, and it is no exaggeration to say that the efficiency, dedication, and ooQeration demonstrated by your staff and working with schools is second to none, in terms of my past experience in other situations. Sincerely, Patrick T. Hayden Superintendent cc: Mayor Bjorneby July 3. 1975. u LeRoy McDowell Chief of Police Kalispell Police Department, - Kalispell, Montana 59901 Dear Chief McDowell. I want to take this opportunity to express our appreciation for the efficiency and spirit of cooperation exhibited by Kalispell Police in their work with Kalispell Schools. Specifically, over the last several weeks there have been two rather substantial vandalism incidents involving Kalispell School's property. .In both cases, Kalispell Police officers responded quickly and effec- tively and did apprehend the individuals responsible for the damage. In addition, throughout the past year, there have been .a number of situations involving close cooperation between the School District and the Police Department. I have been pleased and impressed with both the spirit and efficient cooperation demonstrated by your people in.all of our official relationships. Please communicate my expression of appreciation to those indivi— duals on your force who have worked olosely with us in all of these incidents. efatr2ck� intendent cos Mayor Bjoraeby L 363 Acting Mayor Happ reported 3 resignations from the Board of Adjustments - Collins, Hamilton and Powell. Austin Miller wants to stay on and Lee Rothweiler has not stated his future with the board. Police Chief McDowell minded the council that two new members are needed on the Police Commission. STILLWATER BRIDGE - Councilman Williams moved to remove from the table the question of Stillwater Bridge. ' Councilman Allen seconded the motion. Carried. Councilman Allen withdrew his second to the previous motion. Councilman Williams withdrew his motion. Councilman Williams moved, after the fact, approval by this body be given to the grant deed that was recorded April 14, 1975 between George and Nadine Thompson, Owners of land from whom the right-of-way was purchased and the city council - that the land trade be properly overseen by City Attorney Donahue and that the City Attorney be directed to investigate and report back to the council on exact land desetiption. Seconded by Councilman Schwartz. Carried. Councilman Williams moved that the City -County Planning Board be specifically author- ized to: 1. Conduct traffic counts as may be necessary as to the adviseability of the proposed bridge in question as to whether one-way or two- way traffic is adviseable. 2. Present to the city council the estimated cost of road work from North Main to westerly bank of proposed bridge. 3. As a safety factor, determine if traffic signals will be needed at the Whitefish Road Junction; North Main & Golf Course Road Junction; Highway #93, West California & North Main Junction, and also to determine if a sidewalk crossing on the bridge is necessary. 4. Get the necessary approvals from Montana Fish & Game and the avail- ability of the bridge. Further, that this all be reported back to the city council by the 2nd meeting in July. Seconded by Councilman Alien. Roll Call Vote. Councilmen Williams, Bergstrom, Allen voted aye. Councilmen Sliter, Schwartz and Daley voted no. Councilman Olson abstained. Vote tied. Councilman Sliter moved to table the motion. Seconded by Councilman Olson. Carried. City Attorney Donahue reported that he had found out today that the latter Day Saints Church, Sundown Theater and the Lutheran Home wish to be included in S.I.D. 322 and have the road improved to Crestline Drive. This will form a loop road in this area. Councilman Sliter moved to reconsider Resolution No. 3019, A Resolution of Intention to create S.I.D. 322 on the grounds that more property owners wish to become involved. Seconded by Councilman Schwartz. Carried. License & Permit Bonds Whitefish Plumbing Robert Hanna, V. P. , Watertower Paint & Repair Co., Inc. Gas Contractor Continuation Certificate Sandblast & Paint Performance Bond C. C. Peterson, for Northwestern Telephone Systems Excavation Misc. Indemnity Bond Councilman Daley moved license & permit bonds be accepted 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 21, 1975. ATTEST: Norma E. Rapp, Acting r jorie Giermann, Deputy City Clerk