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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 467 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, 468 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. 469 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. •Q49' ' 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. 470 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. 1 471 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.