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03/01/76 City Council Minutes13 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, MARCH 1, 1976 IIQ THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN OLSON ON VACATION; COUNCILMEN SCHWARTZ AND GRANMO ILL. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Daley moved the minutes of the February 16, 1976 meeting be approved as presented. Seconded by Councilman Sliter. Carried. ADDRESSING THE COUNCIL Attorney Dean Jellison presented the plat of Highland Park Medical Subdivision to the council with changes on money in lieu of park land in the event any of the lots become residential lots, and construction of sewer and water lines suitable to city and state department of health regulations as requested by City Attorney Donahue. ' Councilman Williams moved the plat be referred to the annexation committee. Seconded by Councilman Allen. Carried. INSURANCE Chet Ellingson, representing the Kalispell Association of Insurance Agents, presented reasons why the city should let the association serve their insurance needs rather than an insurance committee. The association has an office manager who will keep a record of best companies for certain insurance needs; keep loss records; make detail— ed annual reports; assist in city budgeting for insurance needs; be as competitive as possible and make certain the city is covered in all respects. Earnings of the association will be used first to maintain their office, secondly will do some benev— olent work such as defensive driving courses, fire school, etc. and after that will probably pay individual insurance agents. The association presently is handling county and school insurance needs and would like also to serve the city. Councilman Sliter moved we turn our insurance coverage over to the Kalispell Association of Insurance Agents, effective immediately. Seconded by Councilman Daley. Carried. COMMITTEE REPORTS FINANCE Councilman Sliter reported that the finance committee has reviewed city claims for February, found them in order and moved they be paid. Seconded by Councilman Allen. Carried. SEWER & WATER Councilman Sliter reported that Ordinance #852 an ordinance fixing sewer hook—up rates has been amended to read in part "There is hereby created and the Treasurer shall maintain, 'a special sanitary sewer capital improvement fund account'. All connection fees collected by the city treasurer pursuant to this ordinance shall be deposited into said account. The funds accumulated in said account shall be retained therein and used by the city only for the purpose of replacement or capital improvement of the existing sanitary sewer lines of the City of Kalispell". Councilman Sliter moved final adoption of Ordinance ,#852 as amended. Seconded by Councilman Allen. Roll call vote. All voted aye. Councilman Sliter moved the city council accept S.I.D. 315 as completed as recommended by Director of Public Works Knebel. Seconded by Councilman Williams. Carried. Councilman Sliter moved that the city council interview consulting engineer firms who have offices in the area for the purpose of retaining their services. Seconded by Councilman Williams. Carried. ORDINANCE NO. 854 Councilman Sliter moved enactment of Ordinance No. 854, an ordinance adopting sewer regulations as recommended by EPA. Seconded by Councilman Daley. Roll call vote. All voted aye. The following letter re: Ordinance No. 854 was received from EPA: gl,l�q ,�REo sig7Fs i g lAwl UNITED STATES ENVIRONMENTAL PROTECTION AGENCY shl�l pgplEL REGION VIII 1860 LINCOLN STREET DENVER.COLORADO e0203 Ref: 8W-OG' lift 2 S , Honorable Norma E. Happ Mayor, City of Kalispell P. 0. Box 1035 Kalispell, Montana 5990i Re: Federal Sewage Works Grant C 300163 Kalispell Dear Mayor Happ: Reference is made to Mr. Harvey Knebel's letter, with enclosed copy of proposed ordinance dated February 11, 1976. We have reviewed this proposed ordinance and find it meets all requirements of the related condition contained in the Federal Grant for sewage treatment works. Upon adoption of this ordinance by the City of Kalispell we would appreciate receiving a certified copy for our files which will alleviate any audit exception. Your early response to our request, for this action, is greatly appreciated. Sincerely yours, William H.yHormberg, P.E. V Director Office of Grants Water Division cc: Mr. Donald G. Willems Morrison & Maierle Engineers PARKS Councilman Daley reported that the park committee will be meeting March 2nd with representatives of men and women's softball leagues to iron out what we are doing and what we expect them to do. GAMBLPjG Councilman Daley reported that Mayor Rapp had requested that City Attorney Donahue review gambling resolution ITO. 2968 and all forms and procedures used by the city for granting and renewing gaming licenses, to review the Montana Card Games Act and recommend new City of Kalispell Rules and Regulations. City Attorney Donahue has done so and furnished his proposals to Mayor Happ. GAMBLING COMMITTEE Mayor Rapp appointed a Gambling Committee consisting of herself, Councilman Daley, Councilman Allen, Police Chief McDowell and City Attorney Donahue. This. is to be a permanent committee for the purpose of reviewing all gambling license applications; conducting any hearings necessary under the city's gambling regulations and make recommendations to the council on granting gaming licenses; investigate any complaints of violations of the city gambling regulations and make recommendations to the county of any administrative action to be taken against city gambling license holders. Councilman Daley moved this committee be confirmed by the council. Seconded by Council- men Sliter. Carried. Ll 15 STREET & ALLEY LJ 1 Councilman Allen moved the bid for one metal wheel roller be awarded to Treasure State Equipment Company for the low bid of $19,931.00 for a 5-8 ton roller, less $3,000.00 trade in for the old roller. Seconded by Councilman Williams. Carried,.. Councilman Allen moved authorization for Director of Public Works Knebel to purchase hydraulic control equipment for the Allis Chalmer Grader at a cost of $2,000.00. This is for a grader in good condition that can be used by both the street and park depart- ments. Payment will be made from the $30,000 budgeted for street equipment in Revenue Sharing fund. Seconded by Councilman Sliter. Carried. Councilman Allen reported that the parking commission has a hands -off policy on the request for parking meters around Depot Park. Councilman Allen moved that 2 hour - parking meters be installed around Depot Park with the exception of 60 feet on the curare off Main Street which will be painted for 'no parking'. Seconded by Councilman Daley. Carried, Councilman Allen reported that after several meetings with the highway department and Doug Daniels the street and alley committee would recommend that the portion of street repair from Center Street to 5th Street on the 1st. Avenue East Storm Sewer Project be removed from the sewer project and placed under the Urban Highway program and paid from state highway funds, That Center Street from Main to lath Avenue East be added to this same project. Councilman Allen moved that the council amend Phase I of the Storm Sewer Project to exclude that portion to be constructed by urban highway funds, that portion being street construction on 1st. Avenue East from Center Street to 5th Street.- Seconded by Councilman Sliter. Carried. Councilman Allen moved the council make #1 priority under Urban Highway Program, Center Street from Main to 4th Avenue East and 1st Avenue East from Center to 5th Street. Seconded by Councilman Sliter. Carried. The following letter signed by Mayor Happ and Flathead County Commissioners will be forwarded to Mr. Jim Keithley, State Highway Department: Kalispell, Montana 59901 February 27, 1976 James Keithley Montana State Highway Department 5th Ave, E. N. and Montana St. Kalispell, Mt. 59901 Dear Sir: The City of Kalispell would like to have established as priority No. 1, reconstruction of 1st. Avenue East from Center to 5th Street East and Center from Main to Fourth Avenue East. -- We ask the State to recognize this as our Number 1 Priority Project far expenditure of Urban Funds. Yours truly, /s/ Norma E. Happ Norma E. Happ, Mayor /s/ Joe A. DeLong Joe De Long, County Commissioner /s/ Frank Guayy Frank Guay, County Commissioner /s/ Mel Wollan Mel Wollan, County Commissioner CouncilmanAllenmoved that Thomas, Dean & Hoskins be retained as engineers on the proposed 1st Alley East paving project if the project proceeds, but if it does not proceed no charge willbemade to the city for preliminary engineering. Seconded by Councilman Sliter. .Carried. 16 Councilman Allen moved that Thomas, Dean & Hoskins be retained as engineers on the Storm Sewer Paving Project if the project proceeds, but if it does not proceed no charge -will be made to the city for preliminary engineering. Seconded by Councilman Daley. Carried. Councilman Allen reported that the street & alley committee will be meeting with rep- resentatives of the state highway department March 2nd at 7:30 P. M. ANNEXATION RESOLUTION NO 30L Councilman Williams moved adoption of Resolution No. 3044 a resolution of intent to annex under R1 zone territory to -be -known -as -Buffalo -Hill Townhouses Subdivision64.- Seconded by.Counci7man Allen. -Roll -call vote. All voted aye. PROPOSED ZONING REGULATIONS Councilman Williams moved -that Mayor Happ be authorized to direct the Board of Adjust- ment to review proposed new zoning regulations and report their recommendations to the city council prior to the second meeting in April. Seconded by Councilman Sliter. Carried. Councilman Williams requested City Attorney Donahue to prepare a comparison between our present zoning ordinance and the applicable portions of the proposed new zoning reg- ulations. Director of Public, Works Knebel reported that a completed form of zoning map as required by ordinance is on wall of his office. EMPLOYF1ENT Councilman Williams moved Don Howard be changed from position of grader operator to front end loader operator with accompanying pay adjustment as of this date. Seconded by Councilman Sliter. Carried. Councilman Allen reported that Albert Johnson has been performing the duties of street foreman with no additional compensation. Councilman Allen moved that if he acts as I street foreman for more than half of any month he will be paid an additional 100 an hour for the entire month. Councilman Williams stated that the employment committee, as council of the whole, will be meeting very soon and moved the above item be referred to the committee. Seconded by Councilman Sliter. Councilman Allen withdrew his motion. Question called. Motion carried. Police Chief McDowell was given permission to interview applicants under the CETA program to fill the vacancy on the police force. MISCELLANEOUS Councilman Allen moved that Fire Chief Peters and Aset. Fire Chief Woodland be allowed to go to Helena to view new aerial ladder fire truck. Seconded by Councilman Sliter. Carried. Mayor Happ read a letter from Department of Housing and Urban Development which stated that they have received our pre -application for discretionary funds under the Community Development Block Grant Program and that it has been accepted for review. Full application may only be accepted by HOD if they have been preceded by a pre -application and if they have been requested by HOD in writing. After they have reviewed our pre - application they will notify us whether or not they are inviting us to submit a.full application. This application is for a grant for the 7th Ave-.W._Storm Sewer Project. Mayor Rapp reported she has talked to the Fish & Game Department about building; a road or approach to the land which the city is considering as a well site. They are very agreeable to building it themselves and when and if we exercise our option to use the land we can pay them for it at that time. We have been furnished a report by Dave Nunnallee on our water. He stated that the entire water system for the City of Kalispell was found to be in excellent repair and the city is to be commended in this regard. Mayor Happ reported a letter dated 2/19/76 from City Judge Willis requesting vacation time from the lot of March to the 5th of March to attend training session with the Montana Air National Guard in Great Falls. 17 Mayor Happ read the following statement: I, the undersigned City Judge of the City of Kalispell, pursuant to RCM 1947, 11-1604, as amended, do hereby call MARIANN WILSON, a qualified resident of the City of Kalispell to serve as City Judge in my place and stead from 29 February 1976 thru 7 March 1976. Mariann Wilson was administered the oath of office at 12:15 P.M. on the 27th day of February 1976 in Court. %s/ Paul Willis Paul Willis City Judge Isl Mariann Wilson APPOINTMENT AND OATH ACCEPTED — MARIANN WILSON INTERUM CITY JUDGE Mayor Happ read the following request: March 1, 1976 Mayor Happ and Council: I request a leave of absence from March 22 to April 2, 1976 so that I can attend a CPA review course in Los Angeles. Thank you for your consideration. /s/ Gary W. Nystul City Accountant Councilman Daley moved request for leave be granted without -loss of pay or benefits. Seconded by Councilman. Sliter. Carried. Councilman Sliter moved the cost of tuition ($400.00) for Gary Nystul be paid by the City. Seconded by -Councilman Allen. Carried. Mayor Happ read a letter from Harley Gosney offering the City an option on a piece of property 50' x 150' off Meridian Road. Total purchase price is $7,500.00 with a 5% option for 12 months. Councilman Sliter moved the offer be referred to the sewer and water committee with power to act. Seconded by Councilman Allen. Carried. Mayor Happ and any other interested persons will be attending a meeting of the Public Service Commission in Helena, March 8th. This meeting will be a public hearing on proposed new regulations, consumer standards and billing practices in water department. Building Official Jackson reported that the building seminar he attended in Bozeman offered much new information. Several professors from the college lectured. They learned that on new additions to be placed in the building codes one will relate to earthquakes in cities near or on known faults. Kalispell is on or just west of "High Angle" reverse fault and from the number of small tremors in the last few years it is not unreasonable to expect a larger one, as time goes by. Other items covered were the Uniform Building Code, Uniform Plumbing Code and Uniform Mewhanical (gas code) and as he handles all three he expects the seminar will be of benefit each day. He thanked the Mayor and Council for allowing him to attend, BOND SALES Finance Director Nystul reported that he has talked to John Easley, with D. A. Davidson, Inc, and was told that Dorsey, Marquardt, et al, bond attorneys in Minneapolis, are working on our bond sales, but they have not yet completed our ordinance on sewer charges which is necessary so that we can show our sewer income as enough to pay our indebtedness. D. A. Davidson, Inc, need to know a firm figure on how many bonds we need to sell for the project, Finance Director Nystul concluded by stating that by next meeting we should have a firm figure on cost of project after deleting portion to be paid by highway funds. CITY SHOP — Director of Public Works Knebel reported that all unneeded equipment is being put together for sale or junk. Council to decide on how to dispose of it — auction — sealed bids — etc. I8 WASTEWATER TBEATMENT PLANT Director of Public Works Knebel reported that we have received the Operation and Maintenance Manual for the plant. That the requirement for BOD is below 20 and we are averaging 26.5 at present. The stand-by engine does not work. They are presently assembling all problems at the plant and will give them to City Attorney Donahue before May 1st (warranty expires in May). LICENSE & PERMIT BONDS John Miller & Harry H. Hansen, dba Treasure State Electric Electrician Continuation Certificate Edward C. Fuller, dba Ferguson Electric & Heating Electrician Continuation Certificate Suhr Transport Second hand store dealer Bond Lonny Hanson Electrician Continuation Certificate Councilman Sliter moved all license and permit bonds reviewed as satisfactory by City Attorney Donahue be accepted. Seconded by Councilman Daley. Carried. Finance Director Nystul reported that we have received approximately 25% of this years taxes and special assessments. In an ordinary year taxes are due November 30th and we receive them by the middle of December. This year the deadline was January 31st and we have at this time received about one half of the first half taxes. County Commissioner, Joe DeLong, stated that the treasurer's office is -wor ing nights and week -ends in an effort to gettthe taxes distributed and we should ere eiving ours within a few days. Councilman Will a xtoved adjournmez Minutes appr ed as/Presented March by Councilman Allen.