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12/01/75 City Council MinutesTHE REGULAR MEETING OF THE RAT SPELL CITY COUNCIL MET AT 7:30 P. M., MONDAY, DECEMBER 1, 1975 7N THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAPP PRESIDED. ALL COUNCILMEN PRESENT. V'V9'j:T1YI u11111YY�+9 Councilman Schwartz moved approval of the minutes of the regular meeting of November 17, 1975 as corrected. Seconded by Councilman Williams. Carried. HEARING - Final Action on Resolution No. 3034 (S,I.D. #316) There being no protests heard, Councilman Daley moved Resolution No. 3034 (S.I.D. #316) be finally passed and adopted, and the costs be levied accordingly. Seconded , by Councilman Allen. Carried. HEARING - Final Action on Resolution No. 3035 (S.I.D. #321) There being no protests heard, Councilman Schwartz moved Resolution No. 3035 (S.I.D. #321) be finally passed and adopted, and the costs be levied accordingly. Seconded by Councilman Daley. Carried. ADDRESSING THE COUNCIL Dorothea Armstron, representing the Youth Guidance Home Committee, explained their situation since the Flathead County Commissioners deferred help until the new budget year. She stated that the State will commit their portion on a pro-rata basis, that Columbia Fallshaspromised their share, that she is going tonight to Whitefish to ask if they will pledge their share, and if the City of Kalispell Council intends to go ahead with their commitment, the committee is going to try to establish the home for the time left in this budget year, on a pro-rata basis. The Kalispell City Council did not rescind their offer of $2400.00 to aid in the establishment of this home. Mrs. Armstrong thanked the council for their support. COMMITTEE REPORTS SEWER & WATER - Councilman Olson reported the following letter from Thomas, Dean & Hoskins, Inc., Engineers: THOMAS, DEAN a 110SKINS, INC. Con3aifing Gngineera T. H. Thomas, President Wayne W. Dean, Secretary -Treasurer OFFICES I N GR EAT FALLS, BOZEMAN AN D KALISPELL Mr. Bob Olson, Chairman Water & Sewer Committee City of Kalispell Kalispell, Montana 59901 Dear Bob, November 28, 1975 923 South Main Street Kalispell, Montana 59901 Ph. 755-5246 - Area Cade 406 1200 Twenty -Fifth Street South Great Falls, Montana 59405 Ph. 761.3010 - Area Code 406 Re: Kalispell Storm Drains Stage II We understand that the City of Kalispell has taken action to purchase property south of 7th Avenue West to provide for treatment of storm water runoff. From the proposed 7th Avenue storm drain, we feel that this acquisition is an important step in providing for land to construct the required treatment facility. After reviewing the parcel purchased by the city, we recommend that portions of two additional parcels to the -north of the acquired property also be purchased. r 445 The purchase of these additional properties will likely reduce the construction costs of the storm drain and the treatment facility by am amount in excess of the cost of acquiring the land. Acquisition of these parcels may also allow the city to dispose of a portion of the already purchased property. i We will be available to review this recommendation with you in more detail if you desire. Very truly yours, THOMAS, DEAN, & HOSKINS, INC. BY: Douglbb E. Daniels DED:mt cc: Norma Happ, Mayor ENGINEERING STUDIES - DESIGN - SURVEYS Councilman Olson reported that Stahley & Associates are working on the application for a grant from the-CDA, but that chances for obtaining it look as bleak as it did last year when we were turned down. FINANCE - ORDINANCE NO. 846 Councilman Sliter moved enactment of Ordinance- No. 846 an Ordinance to amend certain sections of the Kalispell City Code to provide for inspection by the City Engineer of sidewalks and curbs constructed in the city and to provide for condemnation of defective work; provide that costs include the city's costs and charges of administration; provide the term for payment and establish interest rate. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Sliter reported that the finance committee has exsmined and reviewed claims for the month of November and moved that all claims approved be paid. Seconded by Councilman Bergstrom. Carried. City Accountant Kystul explained that the city payroll -system is being improved by moving cutoff time back one day a month until the 20th of the month_ will be the cutoff date, allowing office personnel time to issue warrants by the last business day of the month.- No hours will be lost by any employee. If an employee quits or retires he will receive pay from the 21st of the month through his final working day instead of from the 26th through his final working day. City Accountant Nystul explained further that every employee in the City with the exception of elected officials will sign their monthly payroll sheet. This will not only cut down on errors, but is a requirement of the federal government and must be done to comply with their regulations. Councilman Schwartz moved that city employees be paid on December 23rd rather than the last business day of December. Seconded by Councilman Allen. Carried. SAFETY Councilman Bergstrom reported that he rode with Dick Seddon and Tim Berg on an ambulance call about 40 miles out to the scene of an accident. That he was very pleased with the way it was handled on an icy road, the way the two patients were - handled at the scene and the entire procedure. He commended the ambulance department for their efficiency. 4146 Asst. Fire Chief --Woodland reported that all commercial buildings have been inspected for the year, and all equipment tested. He stated that the goal of the department is to purchase an aerial truck. He asked permission to view Helena's aerial truck when they receive it, sometime after the first of the year. Their truck will cost about 8175,000.00. Councilman Daley reported that the County Gambling Commissinn met with six operators. The operators' chief complaint was about the $100.00 limit on poker games. He felt, however, that this would not be changed. He received some criticism about the enforcement of our own city laws, but our police department and the operators seem satisfied. If anyone hears of any complaints or violations he would like to be informed. HEALTH Councilman Daley announced that the health committee will meet with the county commiss- ioners concerning the proposed city -county health department, at 1:30 P. M., December 9th at the commissioners office. Councilman Daley reported that the health committee met with Mayor Happ, City Attorney Donahue, Chief of Police McDowell, Director of Public Works I{nebel, two representatives of the Humane Society, and two kennel operators. The committee requests that City Attorney Donahue make the following changes or additions in Ordinance No. 704: Page 27 - Article II - Dogs: Add to include cats in Article II and All Sections 4-10 through 4-25 where applicable; 4-12 - Add "any animal at large may be taken and impounded by using a tranquilizer gun; 4-15 - Change $10.00 license fee for each unspayed female dog to $25.00 for each unspayed dog; 4-17 - Change duplicate dog tag payment to $1.00; 4-19 - Change the sum of $5.00 plus $1.50 to the sum of $6.00 plus $2.00; 4-20 - Change the sum of $5.00 plus $1.00 to the sum of $6.00 plus $2.00; also add: "all female dogs or cats must be neutered before they can be released to the owner". Councilman Daley moved City Attorney Donahue revise Ordiaance 704. Seconded by Councilman Sliter. Councilman Schwartz voted no. Motion carried. The group decided that kennels not he required to be licensed and that rabies shots be given only by licensed veterinarians. Councilman Daley moved that the city council adopt the following operational procedures for the city dog pound for at least 30 days after the county dog pound opens: 1. That the city continue to comply with all city coddesincluding the 72 hour holding period. 2. That after 72 hours all dogs and cats will be delivered to the county dog pound. 3. The only charge forwarded with each dog or cat will be the animal board bill. 4. No animal will be disposed of at the city dog pound. 5 All cats or dogs remaining at end of each 5 day period will be_tgansported to the county dog pound, at a regular time set by the Chief of Police. 6. All dogs and cats deposited with the city dog catcher to be disposed of will be delivered to the county dog pound the same day, Monday through Friday. 7. It is the responsibility of the Chief of Police that the City Dog Catcher is thoroughly informed of the city dog and cat ordinances. 8. Develop a system to identify dogs held for each da*. Motion died for lack of a second. 447 Councilman Daley reported that the garbage committee met with Mayor Happ, City Attorney Donahue, Director of Public Works Knebel, City Clerk Beardslee and Street Superintendent Clements and recommend the garbage collection fee be changed as follows: Multiple dwellings such as apartment houses, duplexes, etc. be charged on the same basis as single family units. Councilman Daley explained that there are 400 to 500 families paying only $15.00 per year whereas all others are paying $27.00. The group felt that $27.00 was not a 1 sufficient charge and should be raised. At this time the committee felt the city should continue to collect garbage and not contract to private haulers. Councilman Daley reported the group felt that there should be created a working foremans position in the garbage department who would be under the direct supervision of the street superintendent. His duties would be to supervise assigned personnel and garbage routes; assemble a route, pickup plan; check quantities of garbage being hauled to the land fill; upgrade garbage stands, cans and alley conditions and appearances; see that all garbage ordinances are complied with; cooperate with the police and dog catcher; check complaints and see that there is a follow-up. He should be assigned a 12 ton used dump truck. Councilman Daley reported that the group felt the Director of Public Works should be authorized to request bids for a new garbage truck. Councilman Daley moved that Director of Public Works Knebel be authorized to advertise for bids for a 3 ton truck and garbage container unit with trade-in of 1962 Chevrolet garbage truck. Seconded by Councilman Sliter. Carried. Councilman Daley moved that Park Superintendent Drent be authorized to purchase 1000 yards of black dirt from Pack and Company at $3.25 per yard and store for future use at the disposal plant aagdcanyr city location where needed, to be paid from revenue sharing funds. Seconded by Councilman Bergstrom. Councilman Allen and Williams voted no. Motion carried. STREET & ALLEY Councilman Allen read a letter from the Highway Traffic Safety Division,_ dated November 7, 1975 which stated in part "Section 228 of the Federal Highway Act of 1973 requires that states 'provide adequate and reasonable access for the safe and convenient move- ment of physically handicapped persons,•including those in wheelchairs, across c=bs, constructed or replaced, on or after July 1, 1976 at all pedestrian crosswalks through- out the state.' Section 228 refers to curbs on all public thoroughfares under state or local government control regardless of the agency responsible for them. The Depart- ment of Highways, to comply with the above federal law, designed a Standard Wheelchair Ramp for all on -system streets or highways where curbs and crosswalks will be constructed in the future. You may wish to adopt the design, a copy of which is enclosed". Councilman Allen asked that the design be attached to and become a part of Ordinance No. 846 the new ordinance on sidewalk and curb construction. Councilman Allen reported that the Street & Alley Committee met and have awarded the bid for Construction on S.I.D. #322 to the low bidder, Pack & Company, Inc., Box 222, Kalispell, Mt, for the amount of $74,450.76. ANNEXATION Councilman Schwartz reported that the Annexation Committee and the Board of Adjustment have approved a zoning change for Lloyd's Addition. Councilman Schwartz moved that Lots 1, 2, 3, & 4, Lloyd's Addition be zoned commercial property, subject to the following letter from the owners: November 26, 1975 City Council of Kalispell Kalispell, hT 59901 Re: Lots 1, 2, 3, & 4, Lloyd's Addition, Kalispell Council members, It is our intention in purchasing these lots to use them as a location for our 448 store, and cabinet and roof truss shop. If any additional use of the property is made, we will not allow a service station or wrecking yard occupancy. Yours truly, Isl Donald L._Fry Donald L. Fry The Cabinet Shop DLF:kb Seconded by Councilman Williams. Carried. EMPLOYMENT Councilman Williams reported that the employment committee recommends that Mayor Happ be authorized to thank Mr. Clardy for his presentation of November 17th, but that we would respectively decline the services of the Gibbens Company at this time. Councilman Williams moved that Mayor Happ be authorized to thank Mr. Clardy for his presentation of Nobember 17th, but decline the services of the Gibbens Company at this time. Seconded by Councilman Sliter. Carried. Councilman Williams announced there will be a committee meeting of the council as a whole, Monday, December 8th at 7:30 P. M. for the purpose of discussing the residency requirement ordinance for city employees. MISCELLANEOUS Mayor Happ called on Fire Chief Peters to discuss the request of rural fire departments to have all calls in the county come through our fire department. Chief Peters stated that he had just come from a meeting at the Creston fire hall where the request had been discussed. At the present time the calls come through the sheriff's office which is understaffed to handle the calls. However, there are several problems and the rural fire departments will be working on the plan. Chief Peters said that sometime in the future, all fire and ambulance calls will no doubt have a central answering service for increased efficiency, Councilman Bergstrom moved that Addison H. Clark, having successfully completed his one year probationary period with the Kalispell Police Department, be con- firmed as a patrolman. Seconded by Councilman Sliter. Carried. Mayor Happ announced that the nest Tri-City-County Meeting will be held in Col- umbia Falls on December loth at noon at the Brass Lantern. Mayor Happ, on behalf of herself and the city council, offered condolences to Director of Public Works Knebel on the death of his father. Mayor Happ read a letter from Willard Johnson of Johnson Funeral Home, stating that he had heard that the city was interested in purchasing the lots and building just south of the water department. He stated that_he is planning on installing a retort chamber for cremation purposes in the building, but if the City -of Kalispell is interested in buying, his price is $859000.00. He would like to know so that he can proceed with his plan in a different location if he sells. After discussion, Councilman Sliter moved that Mayor Happ be authorized to take an option on the Johnson property for 60-90 days. Seconded by Councilman Daley. Carried. Mayor Rapp urged that members attend the meeting of the Government Study Com- mission, Thursday, December 4, at 7:30 P. X. at the Conrad Bank. License & Permit Bonds LaMont Kotila, dba Kotila Plumber Charles W. Ward Lonny Hanson Plumber Continuation Certificate Electrician Continuation Certificate Electrician Continuation Certificate r 450 W. C. Richards & Laurence A. Richards, dba Richards Sheet Metal Works, Inc. Byron McCubbins, dba Byron's Heating Service Gordon M. Jensen, dba 4 G Plumbing & Heating, Inc. Gordon M. Jensen, dba 4 G Plumbing & Heating, Inc. Gas Installer Continuation Certificate Gas Installer Continuation Certificate Plumber Continuation Certificate Gas Installer Continuation Certificate 1 Councilman Sliter moved approval of the license & permit bonds as reviewed by City Attorney Donahue. Seconded by Councilman Allen. Carried. Councilman Sliter moved Mayor Happ be authorized to sign an easement granting Roger Claridge tempo use of city sidewalk right-of-way for off-street parking on Lots 7 & 8 (south side Block 151, said easement subject to cancellation by the city on 90 days notice. Seconded by Councilman Bergstrom. Carried. City Attorney Donahue noted that the case of Rygg vs City of Kalispell Board of Adjustment will be heard in the Supreme Court in Helena on December llth and he will be there in defensec6f'The Board of Adjustment. City Attorney Donahue reported that in connection with S.I.D. 322, the Lutheran Home has deeded a small portion of their property to the City to be used as part of Claremont Drive. On being surveyed it was found that Claremont Drive infringed a little on Dan Lundgren's driveway. The road will now turn a little before it meets Crestview Drive, but will not make a significant change. Councilman Allen reported that the On -Going Traffic Committee will be meeting Thursday at 10:00 A. M. in the council chambers. City Clerk Beardslee reported that the EPA office in Denver called to report that they will be releasing partial payment on the wastewater treatment plant for I approximately $90,000.00. They will hold approximately $59000.00 until the operation manual is approved. Councilman Allen asked Mayor Happ to find a way to ventilate the council chambers to avoid breathing so much smoke. There being no further business, the meeting we$ adjourned. Norma E. Happ, Mayor IV