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02/02/76 City Council MinutesI THE REGULAR MEETING OF THE CITY COUNCIL WAS HELD MONDAY, FEBRUARY 2, 1976 AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN BERGSTROM ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Williams moved the minutes of December 19, 1975 be approved as amended. Seconded by C. Allen. Carried. ADDRESSING THE COUNCIL Mayor Happ made three calls for any one wishing to address the council. No one responded. COMMITTEE REPORTS SEWER & WATER RESOLUTION NO. 3o4i Councilman Olson moved adoption of Resolution No. 3041. a resolution authorizing Mayor Happ to inform D. A. Davidson to proceed with the sale of bonds to finance the First Avenue East Storm Sewer Project, not to exceed $500,000.00. Seconded by Councilman Williams. Councilman Sliter recommended that the bond sale be large enough to cover previous_ expenditures -on the project_-nd the anticipated increase in construction costs. Question -called. -Roll call vote. All voted aye.' Councilman Olson reported a phone call from the office of Rep. Max Baucus who had checked with the,HUD office in Denver and was concerned because our application had not been. -received. Councilman Olson explained to him that our application is being reviewed by the State and will be forwarded to Denver before the deadline of February 13, 1976. Councilman Olson reported letter- from Senator Mike Mansfield and a copy of a letter to Senator Mike Mansfield from Carla A. Hills, Secretary of Housing and Urban Develop- ment as follows: �ti�ed �ttt#es �errttiE �ttsl�gtms, �_�I. zns�a January 2.6, 1976 Robert G. Olson, Councilman Sewer and Water Co- muttee Chairman The City of Kalispell .4 0. Box 1035 i:alisnell, 4ontana 599!+1 Dear j1r. Olson: Enclosed is a letter from the Secretary of Housing and Urban Development, Carla A. Hills, discussing the Block Grant application submitted by Kalispell. I wanted you to know that I had been in touch with the HUD officials, and 1 am asses ng that the reapplication is in the process of being reviewed. With best personal wishes, I an Sincerely yours, Me. I r°p a " THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT a a m o WASHIN GTON, 0. C.. 20410 °j�naa x"a January 20, 1976 Honorable Mike Mansfield United States Senate Washington, D. C. 20510 Dear Senator Mansfield: This is in response to your letter of December 31, 1975, regarding a Block Grant application submitted by Kalispell, Montana, to alleviate a serious flooding and health problem. We have been advised by our Denver Regional Office that they have not as yet -received a preapplication from Kalispell. The deadline for receipt of preappli- cations from non -metropolitan communities is February 13, 1976. You may be assured, however, that if the preappii- cation is received by the deadline, it will 1-9 carefully reviewed with all other preapplic:atians received from non -metropolitan communities in the State of Montana in conformance with the criteria published in the Federal Register of October 30, 1975. Sincerely, Carla A. Hills PROPOSED SEWER HOOK-UP CHARGE The Sewer & Water Committee presented the following sewer hookup charges for consider- ation by the council: 1 - 3 unit dwelling - 5/8 x All meter - 20 gals. per min. - $350.00 4 - 8 plex dwelling - 1" meter - 50 gals. per min. - $875.00 9 - 12 plex dwelling - 11" meter - 100 gals. per min. - $1,750.00 13 - 16 plex dwelling - 211 meter - 160 gals. per min. - $29500.00 Units requiring 3" meters - 350 gals. per min. - $5,000.00 Units requiring t," meters - 600 gals. per min. - $6,500.00 Councilman Olson moved the present sewer hook-up ordinance be repealed and the above charges go into effect immediately. Seconded by Councilman Allen. On recommendation from City Attorney Donahue that the sewer ordinance should be amended rather than repealed Councilman Allen withdrew second. Councilman Olson withdrew motion. ORDINANCE 852 Councilman Olson moved enactment of Ordinance No. 852 an ordinance to amend sewer ordinance to reflect new hook-up charges, be effective immediately and retroactive to date of amended sewer ordinance passed March 17, 1975 (Ordinance 832). Seconded by Councilman Allen_. Roll call vote. All voted aye. F J Purpose of the sewer hook-up charges is to establish a contingency fund for _replacsm xt of and extending lines. I HIGHLAND PARK MEDICAL SUBDIVISION Councilman Olson reported that the sewer & water committee have accepted the proposal from the developers of Highland Park Medical Subdivision to construct the sewer and water lines according to city standards and state board of health specifications and then be turned over to the City. Councilman Olson moved that Director of Public Works Knebel inform Wilbur Aiken, Office of the State Board of Health, that the City will accept and maintain sewer and water lines for Highland Park Medical Subdivision after they are constructed according to city standards. Seconded by Councilman Williams. Carried. Councilman Olson moved that developers of Highland Park Medical Subdivision be required as a factor for connecting to the water line to pay a $4,000.00 sundry bill, the cost of constructing water line to serve the area. Seconded by Councilman;Sliter. City Attorney Donahue advised that he did not think the bill collectible because the city water is there and lie does not think you can stop anyone from hooking to it. The City was wrong in installing the line without advance payment. Question called. Motion carried. Councilman Olson reported a request from Larry P. Reid, 1107 7th Avenue West to hook on to city sewer lines. Mr. Reid has a problem with his septic tank. Three tanks have been installed, but a backup of sewer gas into the house, in each case, has caused a serious health problem. Councilman Schwartz stated that it would be a disservice to Mr. Reid to not allow him to hook on to city sewer lines, but should sign an agreement that if his property is ever annexed he will agree to S.I.D. Is and/or any city requirements for annexation. Mr. Reid will pay the sewer hook-up charge and the outside city limits sewer charge. Councilman Olson moved that the request be referred to the sewer and water committee with power to act and that it be acted on immediately. Seconded by Councilman Williams. Carried. Councilman Olson reported that a meeting with the state health and EPA officials result- ed in the thinking that the sewer treatment plant may have a toxicity problem. There will be a four month study to determine if this is the case. There is a possibility that before warm weather rolls around the plant will be operating at peak efficiency. BICENTENNIAL PRESENTATION - Mrs. Beverly Braig presented the City with a plaque from the Montana Bicentennial Committee, a certificate of endorsement for the Conrad Mansion Restoration Project. The Mansion has received $5,000.00 of bicentennial funds. She stated that they have really appreciated the efforts of the City in the restoration project and the flying of.the bicentennial flag at City Hall and hopes that Flathead County will have a very good bicentennial year. CITY DEVELOPMENT Councilman Granmo reported that we have today received the key to the Johnson property just purchased. That as yet there is no master plan for the building, but something will be worked out. Councilman Granmo reported that the Downtown Business Men are meeting this week to reorganize to proceed with the alley beautification project. Discusssion concerning proper drainage for storm water for the alleys brought out several ideas. Doug Daniels, representing Thomas, Dean & Hoskins, Engineers, was asked to meet with the sewer and water committee Wednesday night, February llth, to discuss drainage problems and sol- utions. Business men have committed themselves to pay for paving the alleys only and. the drainage problem for storm water will have to be resolved by the City. One solution may be an S.I.D. WHITEFISHWINTERCARNIVAL Councilman Granmo has been appointed chairman for the council team which will compete in the "pass the grapefruit" challenge against the Whitefish and Columbia Falls councils. Mayor Happ is coach for the team. The -team consists of Councilman and Mrs. Everit Sliter, Councilman and Mrs. Forrest Daley and Councilman and Mrs. John Schwartz. Alternates are Councilman Bob Allen and City Attorney Donahue. The event will be held after the parade on Saturday, February 7th. 51 FINANCE - WOODLAND PARK WARMING HOUSE Councilman Sliter reported that the finance committee met today and moved that all claims approved by the committee be paid. Seconded by Councilman Granmo. Carried. Councilman Sliter reported that one claim, the final payment on the warming house, to Contractor Rose is being held pending final acceptance by the council of the project. Councilman Daley moved acceptance of the warming house as final and complete. .Seconded by Councilman Schwartz. Carried. Councilman Granmo moved final payment to Contractor Ross be allowed and paid. Seconded ' by Councilman Sliter. Carried. HEALTH Councilman Daley requested City Attorney Donahue draw up -an amendment to our city health ordinance so we can adopt a city -county health board agreement. He reported that Mayor Happ, City Attorney Donahue, City Sanitarian Goulet and himselfhadmet with the County Health Board to discuss a city -county board. Points agreed upon are - Sanitarian Goulet will remain on the city payroll until July 1, 19760 then go on county payroll - inspection fees will be collected by the county, sent to the state and the ones inside Kalispell will be refunded to the City - therewillprobably be two new members - one appointed by the Mayor and City Council and one appointed by the County Commissioners - a total of seven members. ORDINANCE NO. 853 Councilman Sliter moved enactment of Ordinance No. 853 an ordinance adopting a new health board ordinance and authorizing Mayor Rapp to enter into an inter -local agreement for a City -County Health Board. Seconded by Councilman Olson. Roll call vote. All voted aye. Councilman Daley reported the following priorities for park development as established by the park committee at a meeting today - some plans for this season and some for - future - Northridge Park - Construction of Tennis Courts and a water line for irrigation - Construction and improvements of b baseball fields south of town on west side of Highway #93 - 2 for men and 2 for women - Babe Ruth Field - finish and seed - covers for the two dugouts (a first priority) - Thompson Field - Tiny tot playfield - Washington Park - Depressed area for tennis and volley ball with a possibility for a winter skating rink - Lawrence Park - Propose the northern section have a definite description and name - possibly changed to Griffin Park and sell the present Griffin Park - the southern part be developed as a sports and recreation complex - possible trails and nature walks - Montana State University to send out a team who assist in designing an overall plan for the park. Mr. Daley asked that any one with ideas for Lawrence Park please turn them into Supt. Drent. Woodland Park - drainage system - curbs for roads - new sprinkling system - Councilman Sliter moved that Councilman Daley and Supt. Drent be authorized to travel to Helena to meet personally with Bureau of Recreation to present request for grants and also to look over surplus equipment being offered freetogovernment entities, with travel by private transportation and per diem allowed.- Seconded by Councilman Allen. Carried. STREET & ALLEY Councilman Allen reported a meeting will be held Wednesday evening, February llth, in the council chambers to set priorities for street and alley work for the coming season. Councilman Allen reported that he has looked over the situation at 170 7th Ave. W. N. where a curb cut has been requested and sees no problem, but will check with Building Inspector Jackson before ordering the cut. 5 Parking meter request around Depot Park and regulations for streets for sub -divisions will be topics for discussion at the committee meeting on the llth. ANNEXATION Councilman Schwartz moved that Building Inspector Jackson be allowed to attend the Building Code Conference in Bozeman, February 19-25 with registration, travel by private transportation and per diem authorized. Seconded by Councilman Allen. Carried. Councilman Schwartz moved that a request from Lawrence Melby to move a building from the new hospital site to one block west of cherry warehouse be referred to the annex- ation committee with power to act. Seconded by Councilman Daley. Carried. `REsoLUTION No, 3043 Councilman Schwartz moved adoption of Resolution No.- 3043 a resolution of intention to! annex Hollo__property. .Seconded by Councilman Williams. Roll=Call Vote. All voted a e. (amended 2A6/76) ouncilman Schwartz stated that a new zoning ordinance is necessary before any final annexations can be made by the city. Councilman Schwartz moved that City Attorney Donahue and himself work with the Area Planning Organization within the next two weeks to formulate a zoning ordinance for adoption by the City. Otherwise all annexation requests will be held up indefinitely. Seconded by Councilman Sliter. Carried. CITY COUNTY PLANNING BOARD Councilman Williams, city representative on the planning board, reiterated the need for a new zoning ordinance for the city. Councilman Williams moved that the city council accept the invitation to meet with the City -County Planning Board at 8:00 P. M., February 24th at the Pacific Power & Light Service Center. Seconded by Councilman Sliter. Carried. Mayor Happ will inform Fran Leininger, President of CCPB of our acceptance. Councilman Williams added that he believes we have a joint consideration and a responsibility to one another. EMPLOYMENT Councilman Williams reported that the employment committee will meet in conjunction with the street and alley committee at the February Ilth meeting. MISCELLANEOUS Mayor Happ reminded council members that if they have items for the agenda that are newsworthy, she would like them on Friday preceding the council meeting. Mayor Happ read letter of resignation from Councilman William J. Bergstrom who stated that he no longer qualified as a freeholder and would like his resignation to be effective as of January 26, 1976. Councilman Williams moved acceptance of the resignation with regret. Seconded by Councilman Allen. Carried. Mayor Happ read a request from Police Chief McDowell to promote Officer Ronald C. Young to the rank of Sergeant with the Kalispell Police Department for a six months probationary period. Councilman Sliter moved that Officer Ronald C. Young be promoted to rank of sergeant for a six months probationary period. Seconded by Councilman Granmo. Carried. Mayor Happ reported a request from Chief McDowell to confirm Officer James E. Love as a patrolman, Officer Love having satisfactorily completed his one year probationary period. Councilman Sliter moved that Officer James E. Love be confirmed as a patrolman with the Kalispell Police Department. Seconded by Councilman Granmo. Carried. Mayor Happ read a letter from Attorney General Woodahl's office accepting Lt. Donald Hellman's request to attend Latent Fingerprints School which will be held February 8, 1976 in Bozeman. Councilman Sliter moved Lt. Hellman be allowed to attend Latent Fingerprints School in Bozeman, February 8, 1976 with mileage, per diem while travel- ing and $6.00 per day city share authorized. Seconded by Councilman Daley. Carried. Chief McDowell requested permission for Sgt. Ron Young and himself to attend Law Enforcement Information Seminar in Helena February 18, 1976. Councilman Sliter moved Chief McDowell and Sgt. Ron Young be allowed to attend Law Enforcement Information Seminar in Helena, February 18, 1976 with travel by transportation and per diem author-- ized. Seconded by Councilman Grano. Carried. 6 Mayor Happ appointed Councilman Lauren Granmo chairman of the Safety Committee to replace Councilman Bergstrom, Mayor Happ reported a letter from the State Highway Department dated January 8th and received January 28th with an agreement between state and city regarding construction on Highway #93 North which should have been signed and returned to them by January 15th. RESOLUTION NO. 3042 Councilman Williams moved adoption of Resolution No. 3042 a resolution authorizing Mayor Happ to sign agreement for the City for Federal Aid Project No. DP 270 (13) with ' State of Montanaactingby and through the Department of Highways. Seconded by Council— man Schwartz. Roll call vote. All voted aye. PUDLIC SERVICE COMMISSION --.",71as G. Monahan reported the following letter: PUBLIC SERVICE COMMISSION 1227 11th Avenue • Helena, Montana 59601 Telephone: (406) 449-3007 or 4443008 January 23, 1976 Ms. Norma E , Happ, Mayor City of Kalispell Kalispell, MT 59901 Dear Mayor Happ: Thank you for your comprehensive reply regarding our proposed Consumer Standards and Billing Practices rules. It certainly is not our intent to place an undue or unworkable burden on any utility. Vde intend to do our utmost to develop a workable and fair set of rules and regulations. We do recognize that different utilities may well have different problems and particularly small utilities may have problems which require special consideration. We have scheduled a hearing for March 8, in the Highway Department auditorium in Helena. We will look forward to seeing you or your representative at that hearing. ery truly yours., C Thomas G. Monahan Commissioner TGM: geb Councilman Sliter moved that Mayor Happ or a representative appointed by her attend the , March 8th meeting in Helena. Seconded by Councilman Daley. Carried. Mayor Happ read a letter from Building Inspector Jackson addressed to her and members of the city council directing the repair of the loose bricks on the facia of the police and fire stations and stating that the loose bricks constitute a public hazard. Mayor Happ reported that a man from the highway department will be looking this week at the traffic lights which need repairs on Idaho Street. 9 Councilman Allen moved that Mayor Happ write a letter to HUD requesting assistance for a low income housing project for the handicapped. Seconded by Councilman Schwartz. Carried. OPEN BIDS — Tandem Roller WESTMONT TRACTOR CO. 1 Bros Model TH-10 Tandem Roller, 7 to 10 tons, 3 cyl, 47 BHP Perkins 3-152 Diesel Engine 20t9OQ.00_ F.O.B. Kalispell 1 00,00 22,400.00 Trade on Galion Roller 2,450.00 NET 19,950.00 Estimated Delivery Date — 90 days — Bid accompanied by cashiers check in the amount of $2,240.00. TREASURE STATE EQUIPMENT 1 Galion Tandem 8 to 102 ton equipped with gasoline engine — F.O.B. Kalispell 21,928.00 Trade in 1948 roller 00.00 NET 1 Galion Tandem 5 to 8 ton equipped with gasoline engine — F.O.B. Kalispell 19,931.00 Trade in 1948 roller 3,000.00 NET 16,931.00 (alternate bid) 1 Galion Tandem equipped with diesel engine — F.O.B. Kalispell 22,490.00 Trade in 1948 roller 3,000.00 NET 19,490.00 Estimated Delivery Date — 2 to 3 weeks from date of order. Bid accompanied by bid bond in the amount of 10% of largest bid. Councilman Daley moved bids be referred to the Street & Alley Committee with power to act. Seconded by Councilman Allen. Discussion followed concerning the budgeting of this item. Some councilmen thought we should investigate the purchase and report back at the next meeting. Councilman Allen withdrew second to motion. Councilman Daley withdrew the motion. Councilman Daley moved the bids be referred to the Street & Alley Committee for investigation and report their findings at the next regular meeting. Seconded by Councilman Allen. Carried. COMMITTEE REPORTS Councilman Schwartz reported that the Hollo Addition request for annexation is subject to the 1973 rules and regulations for annexation and is at the present time going through regular annexation procedures. They have been informed that they must publish notice 3 times, at their expense, and hold a public hearing within 30 days after publication. Councilman Schwartz reported that the annexation committee has recommended that they deny Lawrence Melby his request to move a building from the new hospital site to one block west of the Cherry Warehouse near BN Railway because it does not fit building requirements. Councilman Schwartz moved that the request from Lawrence Melby to move a building from the new hospital site to BN Railway area be denied. Seconded.by Councilman Williams, Carried. to FINAL ADOPTION OF RESOLUTION NO. 3038 Councilman Williams moved final adoption of Resolution No. 3038 a resolution levying and assessing a special assessment and tax on lots, pieces and parcels of land to defray costs of constructing sidewalks and curbs during the year 1975. Seconded by Councilman Allen. Roll call vote. All voted aye. Resolution No. 3038 adopted. CITY -COUNTY PLANNING BOARD Councilman Williams reported that the board had met February 10, 1976. He received final copies of new zoning regulations and will put copies in the mailboxes for council review before the joint meeting on February 24th. I EMPLOYMENT Councilman Williams reported that the employment committee met as a council of the whole on February llth. One area discussed was the classification system prepared by the League of Cities & Towns. This has now been turned over to Leonard York, Labor Consult- ant. Councilman Williams moved that Gary Nystul be confirmed as city accountant at $925.00 per month, effective February 1, 1976, with a commendation of a job very well done. Seconded by Councilman Allen. Carried. Councilman Williams reported that the committee recommends doctors certificates on 3 employees. That they intend to formulate a policy covering all employees which will require a yearly medical review. In the absence of any policy, Councilman Williams moved that Mayor Happ be authorized to proceed with requesting a doctors report for 3 employees for the personnel file for reasons of city liability. Seconded by Councilman Allen. Discussion followed that a policy or ordinance should first be adopted covering all employees. Councilman Allen withdrew second to the motion. Councilman Williams with- drew the motion. STREET & ALLEY ' Councilman Olson reported that a quit claim deed is being prepared for the Jim Knoll property at 495 6th Ave. E. N. Councilman Allen reported that City Attorney Donahue is working on the area at let. Avenue W. N. & Washington St. where the developers neglected to incorporate an alley into the plat. People who live in that block have agreed to donate a portion of their property to the city for an alley. The request by the Glory Days Emporium for installation of parking meters around Depot Park is being referred to the parking commission for their feeling on the matter. Councilman Allen reported that the Highway Department has asked many times why the City does not try for railroad crossings on let. Avenues East and West to alleviate the traffic problem in Kalispell, stating further that even one crossing would help a great deal. Mayor Happ replied that BN Railroad has in the past been approached several times, but will not even consider the idea. 1011 7 Councilman Daley reported that Park Supt. Drent has sent Dr. Evans of Bozeman some additional maps and information to help them with study of Lawrence Park. HEALTH ' Councilman Daley reported there will be a health board meeting at 1;30 P. M. on February 25th. His committee, county commissioners and legal counsel will attempt to work out an intex-local agreement for a City -County Health Board. ,t�k1lYi:iiG�itd Councilman Daley reported that the last gambling commission meeting did not have a quorum and no official business was enacted. A proposal has been made and will be dis- cussed at the next tri-city meeting to have a City -County Gambling Commission so that all the county and the cities will have uniform gambling regulations. 7 Director of Public Works Knebel reported that city crews have been cleaning up the shop area and -by spring will have various items ready for disposal at the discretion of the council. Mayor Happ reported a letter Colin Wills, written in behalf of Mr. Roland Anderson, 535 2nd. Ave. West submitted the following as a centrally located, easily accessible site for a new police station. It consists of the remaining portions of Lots 1-2-3-4-5, Block 237 (east of U. S. Highway (93), bordered on the east by North Main St., the south by California, the west by Highway #93, and the north by Nevada. This triangle comprises approximately 20,000 sq. ft. with ideal access from four directions. Mr. Anderson suggests you consider this site with a pier supported building permitting drive under parking on ground level. The asking price of the past ten years has been $60,000.00...However, for city use he offers it at $40,000.00 with $10,000.00 down and $10,000.00 annually plus 91yo interest. Mayor Rapp commented that she believes the council should form its own gambling com— mission with Councilman Daley as chairman — that it should consist of at least 3 members so that we would have more input with the county on handling violations. The City was criticized by theCountyAttorney for its handling of a violation in that the penalty was too light and then the County handed down an even lighter penalty for the Same incident. - - - - City Attorney Donahue stated that he and Chief McDowell are in the process of revising the gambling code, the process for handling licensing procedure, renewals, disciplinary action-, etc. It will be presented for adoption very soon. LICENSE & PERMIT BONDS J. M. Ford & Carl Miller, dba Miller Ford Electric Co. Electrician- Bond - Newell E. Carson & Gregory White Carson, dba Carson Brothers Gas Contractor Bond Richard D. Beard, dba Beards Electrical Co. Electrician Cont. Certificate Councilman Sliter moved that all license and permit bonds reviewed as satisfactory by City Attorney Donahue be approved. Seconded by Councilman Granmo. Carried. EASEMENT .—MONTANA FISH & GAME Councilman Sliter moved Mayor Happ be authoritzed to sign easement from Montana Fish & Game granting the City of Kalispell an area on Meridian Road for a well site. Seconded by Councilman Allen. Carried. L Happ, MaYo