01/19/76 City Council Minutes466
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P.M. MONDAY, JANUARY
19TH IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN GRANMO
ABSENT. ALL OTHER COUNCILMEN PRESENT.
4"C05 us UAsk' llpy M9
Councilman Williams moved that the minutes of the regular meeting of January 5, 1976
be approved as presented. Seconded by Councilman Allen. Carried.
OFFICIALS REPORTS
City Clerk and City Treasurer for November, 1975•
Police Chief, Director of Public Works, Police Judge for December,.1975•
Fire Chief Quarterly Report for last quarter of 1975•
Councilman Bergstrom moved officials reports be accepted as presented. Seconded
by Councilman Allen. Carried.
ADDRESSING THE COUNCIL
Mayor Happ made 3 calls for anyone wishing to address the council. There was no
one present who wished to address the council.
RESOLUTION NO. 3038
Councilman Allen moved adoption of Resolution No. 3038 A Resolution authorizing
issuance of Sidewalk & Curb Warrants for 1975 and authorizing levying tax against
the property involved. Seconded by Councilman Sliter. Roll call vote. All voted
aye.
RESOLUTION NO. 3039
Councilman Sliter moved adoption of Resolution No. 3039 A Resolution authorizing use
of the S.I.D. Revolving Fund to make good any deficiency in principal and interest
on S.I.D. 322. Seconded by Councilman Bergstrom. Roll call vote. All voted aye. '
ORDINANCE N0. 851
Councilman Schwartz moved enactment of Ordinance No. 851 An Ordinance amending the
zoning ordinance to provide Establishment, composition, appointment, removal,
organization, meetings, rules, appeals, jurisdiction, powers, & restrictions of
authority for the board of adjustment and changes and amendments to zoning regulations.
Seconded by Councilman Allen. Roll call vote. All voted aye.
Mr. Dan Mizner, Executive Director of League of Cities and Towns, reported to the
council that Mayor Happ and he have completed arrangements at the Outlaw Inn for
the annual league meeting to be held next September 8th through llth.
Mr. Mizner continued with a report on the latest achievements of the league. He
told the council that the staff of the State Commission on Local Government Study
has composed a set of codes for cities and counties consisting of 9 sections. That
this week the members of the state commission will review the set of codes and make
any changes or additions they feel necessary. The League will then set up meetings
in their 12 districts with city and county attorneys to review the new codes. Mr.
Mizner stated that regardless of what kind of government is voted in for cities
and counties a new charter must be written or the state will provide one for them.
Mr. Mizner stated that next April or May, workshops will be set up with an afternoon
session with city attorneys and an evening meeting with councils. After the proposed
codes are tentatively approved by the cities in Montana, they will be presented to I
the 1977 legislation for adoption. The new codes adopted by the 1977 legislation
will replace all present city codes.
Mr. Mizner stated that after the state adopts a set of codes for cities, a city
can enact codes which will supersede the state.
Regarding the questions put to the League concerning raising water rates and making
rules and regulations for municipal water utilities, Mr. Mizner told the council
that there are 2 or 3 test cases which will come before the Public Service Commission.
One case has been filed at Red Lodge. Proper procedure for holding a hearing is
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for the mayor and city council to write a letter to the hearing officer of PSC,
set a date.for the hearing which should be held locally, and state the reason
the raise is requested. Let the local public have a voice at the hearing, this
is better than expecting local people to go to Helena. After the test hearings
are held, the League will compile some rules and regulations for municipal water
utilities.
Mr. Mizner concluded by saying that the League will be offering technical assis-
tance to cities and towns revising their ordinances by working with their
city attorneys. That we should have confidence in the people we elect and
adopt a Home Rule Charter, rather than a Limited Rule Charter (negative
charter.
Mayor Rapp announced the appointment of Council President Everet Sliter and
wife, Nikki: as convention chairmen.
COMMITTEE REPORTS
Sewer & Water
Councilman Olson reported that the committee had held a lengthy meeting and
resolved a number of questions. Regarding Phase I, Storm Sewer Project, they
had been in contact with Doug Daniels of Thomas, Dean & Hoskins, who reported
that Utility Bldrs., contractor for the project, state that costs are up about
16% on their bid price. Mr. Daniels said the contractor would rather re -bid
the project.
RESOLUTION NO.-3040 _-
Councilman Olson moved -adoption -of Resolution No..3040 A Resolution providing for
the -call for construction bids for Phase I of the Storm Sewer Project. -Seconded by
Councilman Sliter., Roll call vote. All voted aye.
Utility Builders are to be informed by letter that the City is going to re -
advertise for bids. Councilman Sliter suggested that City Attorney Donahue
review the contract before re -advertising for new bids.
Councilman Olson reported a reply from Senator Mansfield regarding our application
for a grant under the CDA and asked that the letter be made a part of .the
minutes:
December 31, 1975
Robert G. Olson, Councilman
Sewer and Water Committee Chairman
The City of Kalispell
P. 0. Box 1035
Kalispell, Montana 59901
Dear Mr. Olson:
This will acknowledge receipt of your letter of December 12, in
which you advise that the City of Kalispell is again submitting an appli-
cation under the Community Development Act for upgrading the storm sewer
facilities in the city.
I am pleased to know that you folks are again pursuing this
necessary project. ''You can be assured that I will alert the federal
authorities and offer my full support.
11ith best personal wishes, I am
Sincerely yours,
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Councilman Olson reported that City Attorney Donahue has sent a letter of protest
to some of the rules and regulations as set fortis by the PSC - one being the
requirement that we bill monthly rather than bimonthly which would cost about
$17,000 a year which the consumer would have to pay.
Councilman Olson reported that the committee has accepted the low bid of the
Pennwalt Corporation for chlorine and moved that Mayor Happ be authorized to sign
the contract for same. Seconded by Councilman Schwartz. Carried.
The application for a grant from the CIA for Phase 2, 7th Avenue West Storm Sewer
Project, along with letters and pictures has been completed by Stahly Engineer and
sent to the state. It will be out of the state clearing house by the middle of
February and forwarded to the Denver office. '
Councilman Olson said the City should be considering the hiring of an engineering
firm to develop the project.
Regarding the location of a new well site, the committee recommends the following:
(1) The piece of property being offered by Harley Gosney, on Meridian
Road, not be purchased for a well site, but be referred to the
Safety Committee and Chief Peters as a future location for a
satellite fire station.
(2) Authorize Mayor Rapp to sign a lease with the Montana Fish & Game Dept.
for a well site with the conditions that the department receive from the
city free water up to 350,000 gallons a year for 10 years (approx. Cost
$90.00 per year)
(3) Not accept the Pifer property because of additional requests for sewer
and water service.
Councilman Olson moved Mayor Happ be authorized to sign a lease with the Montana
Fish and Game Department for a well site. Seconded by Councilman Bergstrom. Carried.
FINANCE
On recommendation by City Accountant Nystul, Councilman Allen moved that we assign
$11,118.47 to the State Highway Department from our gas tax funds as payment on
the storm sewer portion of the courthouse couplet. Seconded by Councilman Sliter.
Carried.
Councilman Williams moved that a $12.00 assessment for the county refuse disposal
for the Conrad Mansion and a $1,168.00 bill for sewer sludge hauled by the city to
the disposal site be allowed. Seconded by Councilman Allen. Carried.
SAFETY
After a report from City Judge Willis on illegal parking fines concerning snow
removal from streets and avenues, no action was taken to change the amount of the
present $5.00 fine.
Regarding snow plowing problems on drives and lanes in the newer additions to the
city, Councilman Bergstrom asked Director of Public Works Knebel to investigate and
report back to the council.
Councilman Bergstrom, city representative on Flathead County Animal Shelter Board,
reported a meeting in Columbia Falls, January 13th attended by himself, Councilman
Daley and Chief McDowell. Councilman Bergstrom was elected Secretary and Publicity
Chairman for the Board.
Councilman Bergstrom reported that some of the things they want to stress are - dogs ,
should be kept until a release is received from the city treasurer - people should
not bring in unweaned pets - people should check with the police department first
for a lost pet.
Councilman Bergstrom reported that the Veterinarians Association want to be represented
on the Board and they are considering the request.
Councilman Bergstrom moved that Dale E. Gifford, Patrolman, be authorized to attend
Situational Methodology School, January 26-30 in Indianapolis, Indiana, with expenses
being paid from omnibus crime except for $46.00 to be paid by the city. Seconded
by Councilman Sliter. Carried.
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PARKS
Councilman Daley reported a letter from BOR which states that all projects
which have been built with the assistance of BOR funds must have a sign so
stating. There are various kinds of signs, from free to $80.00. The park
committee will have a recommendation in the near future.
Councilman Daley reported that Park Superintendent Drent is working on park plans
for the next 3 or 4 years. The committee will meet before the 2nd meeting in
February and report their priorities.
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' Councilman Daley reported a meeting of the health committee with the County
Health Board. If the city combines with the county to form a city -county health
board, the county will employee our parttime city sanitarian, Darryl Goulet,
on a part time baais for inspections. The city will be allowed two members, 1
of whom will be the mayor, the other a taxpayer appointed by the mayor not
employed by the city.
Councilman Daley moved adoption of intent of the city to cooperate and combine
with the county to form a City -County Health Board. Seconded by Councilman
Bergstrom. Carried.
City Attorney Donahue reminded councilmen that there is an ordinance establishing
a city health board, even though it has never been implemented and this should
be rescinded before a new ordinance is enacted.
GAMBLING
Councilman Daley presented an application from James C. Stuckey, Whitefish, for
a gaming license for Joseph's Lounge which he is purchasing. The question arose
as to whether he needs the present gaming license transferred or a new one.
Application referred to committee with power to act.
Councilman Daley reported on the County Gambling Commission meeting which was
attended by Mayor Happ, & City Attorney Donahue. There was good coverage by the
' news media.
Councilman Daley reported a violation by the Pastime. The Pastime management
has been charged with allowing an unlicensed dealer to deal and exceeding the
pot limit. The City can suspend or revoke a gaming license, but the county
prosecutes the charge.
Councilman Williams moved proper notice be given to owner of The Pastime to a
show cause hearing at 7:30 P.M., Monday, January 26th. Seconded by Councilman
Allen. Carried.
Councilman Allen reported that the On -Going Traffic Committee met January 8th.
One recommendation for the committee is that a traffic light at 1st Avenue West
and 4th Street is necessary.
Councilman Allen moved that Mayor Rapp write a letter to the State Highway
Commission asking that this light be included in our traffic light updating
project. Seconded by Councilman Bergstrom. Carried.
On the request from Ray Thon, Sunset Plaza, that a 40' cut be made in the
median to alleviate a dangerous traffic situation, a letter has been written
to the highway department for their decision.
Fire Chief Peters reminded councilmen that the traffic lights on Idaho & 3rd
and 4th Avenues East do not work properly and with the new hospital location,
this will be a dangerous situation. A request for new or properly repaired
traffic lights at these locations will be sent to the highway department.
Councilman Allen reported a request from John Czaykowski, owner and operator
of a chain saw shop, for a 48 foot curb cut so that his customers can drive
in and park by his shop. Request referred to Inspector Jackson.
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Councilman Williams reported that the meetings on the comprehensive plan are going
quite well. That objections are from persons with personal reasons who are not
concerned with the future over all development of the valley. That he believes it
will be accepted.
01000101DQU
Councilman Williams reported that he has reviewed about one-half of the job class-
ification report made by the League of Cities and Towns and will have it all reviewed
by the next council meeting. The committee will be meeting for salary review and
recommendation on two city employees.
MISCELLANEOUS
Mayor Happ reminded councilmen of two meetings this week - Tri-City County Meeting
at the Brass Lantern in Columbia Falls, the 21st, and a meeting with representatives
of the EPA in Denver and State Board of Health at 3:30 P. M., the 22nd.
Mayor Happ read a letter from the Whitefish Winter Carnival Officials, challenging
the city councils of Columbia Falls and Kalispell to a 'pass the grapefruit' contest,
to be held Saturday afternoon after the parade, February 7th. Councilmen agreed
to accept the challenge, practice a lot, and win the contest.
City Clerk George Beardslee, President of the Montana Municipal Clerks, Treasurers
and Finance Officers Association, thanked the council for allowing him to attend
the executive committee meeting in Glasgow on January 13th. He reported that all
members were in attendance and a great deal was accomplished. Committees were
appointed, goals were set and a tentative agenda for the fall meeting with the league
was set. He stated that they sent a letter to the League requesting Wednesday evening
and Friday afternoon for their association. Wednesday evening to be a 'get acquainted'
gathering and Friday afternoon a business session.
It is the plan of the association to meet again in May in executive committee session.
Plans axe to combine the 12 league districts into 6 districts with 1 executive member
conducting a district meeting to share in the solution of mutual problems.
The Wednesday evening and Friday afternoon sessions were set up today at the Outlaw
Inn by Mayor Happ and Executive Director Mizner and President Beardslee thanked them
for their consideration.
A letter from the Kalispell Architects Association was read expressing their thanks
to the city and city council regarding the completion of the warming house for
Woodland Park.
Their one concern was the installation of plastic placed around the shelter. They
stated the warming house was designed for the skaters to take the chill off and
allow visual enjoyment of watching other skaters while doing this. The Association
requested the -house function for one skating season as it was designed.
Councilman Sliter commended Superintendent Drent for a good job at the Skating Rink.
Mayor Happ informed the council that she will be meeting with the insurance committee
to consider possible coverage on theft.
Fire Chief Peters was thanked for the help given the hospital in moving patients to
the new building and the ambulance service cited for real community service.
LICENSE & PEBMIT BONDS
Anthony J. Migneault dba
M & M Electric
Herman J. Slama dba
Slams Plumbing & Heating Cc
Herman J, Slama dba
Slama Plumbing & Heating Co
Electrical Contractor
Gas Installer
Plumber
Continuation Cart.
Cont. Cart.
Cont. Cart.
Herman J. Slams dba
Slams Plumbing & Heating Co. Excavator Cont. Cart.
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Delbert L. Maltby Electrician Cont. Cert.
Bobby G. Brown Gas Contractor Cont. Cert.
Bobby G. Brown Plumber Cont. Cart.
Councilman Sliter moved approval of license & permit bonds as reviewed by
City Attorney Donahue. Seconded by Councilman Bergstrom. Carried.
Councilman Williams moved adjournment.
Minutes approved as amended, -February 2, 1976.