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09/13/76 City Council Minutes84 THE REGULAR MEETING OF THE CITY COUNCIL MET AT 7:30 P.M., MONDAY, SEPTEMBER 13, 1976 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN WILLIAMS ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Schwartz moved the minutes of the regular meeting of August 4th be approved. Seconded by Councilman O'Boyle. Motion carried. Councilman Schwartz moved the minutes of the regular meeting of August 9th be approved. Seconded by Councilman Allen. Carried. Councilman Schwartz moved the minutes of the special meeting of August 20th beapproved Seconded by Councilman Allen. Motion carried. OPEN BIDS SALE OF OLD GRADER Firm Bid Security Bid Treasure State Equipment Co. Bank Money Order $2,150.00 Northwest Machinery Supply, Inc. Company Check 1,065.00 Councilman Daley moved the bids be referred to the Street & Alley committee with power to act. Seconded by Councilman O'Boyle. Motion carried. NEW POLICE CARS Firm Roy Stanley Chevrolet Hines Chrysler Plymouth Bid Security Cashier's Check Bid $4,326.92 (with trade-in of Unit #5) 4,076.92 (with trade-in of Unit #3) Cashier's Check 9,953.80 (with trade-in of Units #3 and #5) Councilman Sliter moved the bids be referred to the Safety Committee with power to act. Seconded by Councilman Allen. Carried. S.I.D. #324 - First Alley East Improvements 1 One objection to S.I.D. #324, First Alley East Improvements, was received from the Masonic Temple Corporation. Mayor Happ made three calls for further objections. There were none. RESOLUTION #3075 Councilman Allen moved adoption of Resolution #3075 a resolution creating Special Improvement District #324 to establish, grade, improve, pave and provide for a storm sewer for First May East. Seconded by Councilman Daley. Roll call vote. All voted aye. RESOLUTION #3076 Councilman Schwartz moved adoption of Resolution #3076 a resolution providing for the sale of bonds for Special Improvement District #324. Seconded by Councilman Sliter. Roll call vote. All voted aye. Councilman Sliter moved that Mayor Happ be authorized to sign agreement with Thomas, Dean & Hoskins, Engineers, for engineering work on S.I.D. #324 after concurrence with City Attorney Donahue. Seconded by Councilman Granmo. Carried. Mr. Fred Zauner, representing Central Business District, asked council members if the project on alley improvement could be expedited because of the bad condition of part of the alley and winter months being close at hand. Doug Daniels, Thomas, Dean & Hoskins, answered that he thought it would be impossible to start the project this fall. Legal requirements to sell bonds, advertise for construction bids, award bids and hire contractor would take a minimum of 10 weeks. This would take until the middle of December. He said a construction starting date of April 1977 would be more realistic. 815 PUBLIO HEARING S.I.D. #323 - Construct Sanitary Sewer on 5th Avenue East A petition signed by protestors was presented. As it would take protests of more than 50% of the area the council asked for time to validate the petition. Mr. Fred Sewrey stated that the petition has been validated through a title company and checking at the courthouse, and that the protests cover 58% of the area. Councilman Allen moved the public hearing on S.I.D. #323 be continued until the next regular council meeting, September 20th so that the city can validate the names on the petition and ascertain the amount of square footage covered. Seconded by Councilman Daley. Others speaking against the S.I.D. were Mr. Pat Boles and Mr. Stan Poier. Question called. Motion carried. ADDRESSING THE COUNCIL Mayor Rapp made three calls to address the council. No one appeared. SPECIAL ASSESSMENTS - 1976-1977 Budget Year RESOLUTION #3077 - GARBAGE Councilman Daley moved adoption of Resolution #3077 a resolution levying the cost of removal of garbage or other offensive matter from streets, alleys, or on any premises as a special tax against property from which such matter was deposited, and the dis- position thereof. Seconded by Councilman Allen. Roll call vote. All voted aye. RESOLUTION #3078 WATER SPRINKLING Councilman Grainger moved adoption of Resolution #3078 a resolution estimating the cost of water sprinkling the streets and avenues in Sprinkling District No. 1. Seconded by Councilman Allen. Roll call vote. All voted aye. RESOLUTION #3079 - OIL SPRINKLING, Councilman Allen moved adoption of Resolution #3079 a resolution estimating the cost of dust control for streets. Seconded by Councilman Granmo. Roll call vote. All voted aye. RESOLUTION #3080 - LIGHTING DISTRICT Councilman O'Boyle moved adoption of Resolution #3080 a resolution estimating the cost of lighting the streets and avenues in the lighting district. Seconded by Councilman Allen. Roll call vote. All voted aye. PETITION TO VACATE - Alley in Ted's Addition Councilman Allen moved that a public hearing on vacating an alley in Ted's Addition be held October 4, 1976. Seconded by Councilman Granmo. Motion carried. City Clerk Beardslee to post notice of such hearing. All department heads to submit their comments to Mayor Happ by September 29th. PETITION TO VACATE - Alley at Old Hospital Site Councilman Allen moved that a public hearing be held October 4th to consider closing the alley at the old hospital site in Block 203, Kalispell Addition #3. Seconded by Councilman Schwartz. Motion carried. City Clerk Beardslee to post notice of such. hearing. All department heads to submit their comments on such closing to Mayor Happ by September 29th. ' Public Hearing on abandoning road at the Outlaw Inn set for September 20th. COYMTTEE REPORTS ANNEXATION PORTA VILLA SUBDIVISION #2 The Developers of Porta Villa Subdivision #2 not having all paper work ready, Councilman Schwartz moved that a public hearing be held 30 days after Developers inform the Annexation Committee they are ready. Seconded by Councilman Allen. Motion carried. 86 GILMAN ADDITION # 67 At a special meeting of the City -County Planning Board held August 31, 1976 the Board completed review of the proposed annexation request for Gilman Addition #67 and adopted a motion to reject the request because "The proposed density is not in keeping with the recommendations of the adopted Kalispell Comprehensive Plan for the area". Councilman Schwartz moved the request to annex Gilman Addition #67 be rejected at this time. Seconded by Councilman Allen. Motion carried. STREET & ALLEY PETITION - Property Owners on Washington Street Councilman Allen presented a petition signed by property owners on Washington Street , protesting against the unilateral decision of the City Council to construct new curbing along Washington Street between 5th Avenue E. N. and Main Street and assess the cost to the property owners. The protest was based on the fact that curbing presently exists along their property and they have already paid for its installation. They believe the new curbing, if installed, should be at city expense. Councilman Allen moved that there will be no charge to property owners between Main St. and 4th Ave. E. N. where already curbed, if curbing is installed. Seconded by Council- man O'Boyle.- Motion carried. RESOLUTION NO. 3081 Councilman Allen moved adoption of Resolution No. 3081 a resolution authorizing Mayor Happ to sign an agreement with the Montana Highway Department for the reconstruction of the Kalispell South Loop Road. Seconded by Councilman Schwartz. Roll call vote. All voted aye. Councilman Allen moved new sidewalk be ordered in at 405 Main St. (Standard Oil Station) because of the hazardous condition of the sidewalk. Seconded by Councilman O'Boyle. City Attorney Donahue advised that the city must have the consent of the state highway department to construct any sidewalk on a federal highway. Director of Public Works Knebel'to contact Montana State Highway Department. Question called. Motion carried. ' Councilman Allen reported a letter from Thomas, Dean & Hoskins, Engineering Consultants, regarding First Avenue East and Center Street project. Development of plans on the project are proceeding on schedule. A preliminary plan in hand was held on the project on August 19. They expect approval of the minutes of that meeting September 20. They hope to haveanapproved paving section bySeptember20th from the Montana Highway Department. The. Highway Department has set -a tentative date for a public information meeting of September 30. Aerial photographs have been taken and will be prepared for display at that meeting. Concurrence of the City on the meeting date would be appreciated. The Highway Department stated that they would consider fending the extension of storm drains to pick up storm water at First Alley East if requested by the City of Kalispell. A motion on this matter may be in order at this time. The request should state that the extension befundedby Urban Highway money if possible and by Off System Highway money if Urban Highway funding is ineligible. Councilman Sliter moved the City request Urban Funds to extend laterals to First Alley East. Seconded by Councilman Schwartz. Carried. Councilman Allen requested Mayor Happ contact the Montana Highway Department regarding a drainage problem on Highway #93 between BomarOfficeSupply and the Golf Course. Regarding a complaint.by-Mrs. Eula Compton against Residence Owner at 427 lot Street East, on grounds it is unsightly, Councilman Allen moved to refer problem to the Health Committee with power to act. Seconded by Councilman Grenmo. Motion carried. A suggestion to change council meeting nights to lot and 3rd Tuesday nights will be ' discussed at the next meeting. REQUEST FOR LIQUOR LICENSE TRANSFER Councilman Daley moved that a request from Joel N. Bonda, 615 Prairie View Road, Kalispell, to transfer the liquor license at the Steinhaus, One Third Avenue West, Kalispell be granted. Seconded by Councilman Allen. Motion carried. RESOLUTION MO. 3082 Councilman Daley moved adoption of Resolution No. 3082 a resolution authorizing Mayor Happ to sign a change order for Loftus Construction to add sand on the golf course project, in the approximate amount of $12,000.00. Seconded by Councilman Sliter. Roll call vote. All voted aye. 87 The contracts for fine grading and irrigation with Loftus Construction Co. on the golf course project are complete and ready for inspection and approval. CONRAD MANSION Councilman Daley moved authorization for Conrad Mansion Restoration Chairman, Sam Bibler, to hire help for restoration of the grounds asgrants are available. Seconded by Councilman Sliter. Motion carried. Councilman Daley reported that H-C-L Equipment Co. has delivered the garbage truck and it is operating in a satisfactory manner. Councilman Daley reported that the park committee met. Baseball fields at Woodland Park were discussed. Excess water off the hill caused dirt to wash onto the fields making them unusable. The park committee would like excess dirt from the -sewer construction. project hauled to the ball parks and a drainage ditch dug around the field to prevent further damage. The committee also plans to submit a 3 year park program to BOR by November 1st. A master plan for a recreation complex in Lawrence Park will be worked out this fall. Councilman Daley reported that the park committee accepted the bid of Northwest Pipe & Utilities Company for irrigation system materials in the amount of $4,131.95. A problem with pollution in the lagoon causing the fish to die was submitted to the EPA. The EPA and the lab at the disposal plant ran tests. The EPA stated that the lagoon problem could be caused by the water from the swim pool and recommended a lift station be built to carry swim pool water into the storm sewer system. AUTHORIZE CALL FOR BIDS Councilman O'Boyle moved that Director of Public Works Knebel be authorized to.call for bids for a new aerial bucket which could be used for pruning trees and also for fixing street lights. Approximate cost $10,000.00. Seconded by Councilman Allen. Motion carried. FINANCE Councilman Sliter reported that the finance committee met and examined claims for August and moved that all but one be paid._ Seconded by Councilman Allen. Motion carried. SEWER & WATER Councilman Granmo reported a request from Water Supt. Longpre to send Verle Olsen, Disposal Plant maintenance man, to Activated Sludge Seminar in Billings. Cost to the City will be only transportation. Councilman Granmo moved Verle Olsen be authorized to attend Activated Sludge Seminar in Billings, with mileage by private transportation allowed. Seconded by Councilman Allen. Motion carried.' Direfor of Public Works Knebel reported work on the storm sewer project going well and on schedule. Doug Daniels, Engineer, stated that the city should be quick to respond to federal programs. The new Public Works Employment Act will expend about $10,000,000.00'in Montana. Counties with high unemployment rates such as Flathead will .have higher priorities. When applications are out and returned quickly, cities will be informed within 60 days if they are eligible and work will begin in about 90 days. The government will pay 100%. Printing date for applications is September 23rd. Mayor Happ asked councilmen to have suggestions by next meeting night for projects. MISCELLANEOUS Mayor Happ thanked everyone who worked on the Montana League of Cities & Towns Convention held in Kalispell last week - especially Council President Everit Sliter who with his wife, Nikki, were convention chairmen. Mayor Happ reported that she received on September loth, a letter and $440.00 from County Attorney Springer, from a request she had made on July lot for the city's share of gambling fines. 88 0 :M Mayor Happ read a letter from Lt. Robert Sevier, Police Department, asking that the council approve his request for retirement after 20 years of service. Request will be referred to the Trustees of the Police Pension Fund. Mayor Rapp announced that city officials will be meeting with the Golf Course Association and Robert Muir Graves, Golf Course Architect on Wednesday, September 15th. Things=`tolbe discussed are the $28,000.00 suit against the City and Golf Course by Stenerson & Schmidt, Contractors on a portion of the project and the golf course lease. Mayor Happ read a letter from Judge Paul Willis stating that he will be out of the City ' to attend Montana Air National Guard on September 11, 12`and 13 and Montana Magistrates Association meeting on September 22 through 25. Mariann Wilson will be:_acting City Judge on these days. A request was read from Kalispell Public Schools to stripe a crossing for school children at Meridian and Liberty Street. Referred to the Safety Committee. ANTI -GAMBLING PETITION City Attorney Donahue reported a petition requiring the City to hold a special election or place question on November 2nd general election regarding gambling within the city - limits of Kalispell. The petition asks for "an act allowing City of Kalispell to let churches have bingo and raffles and prohibit all other gambling". City Attorney Donahue stated that Flathead.County has received a similar petition, and that he concurs with County Attorney Springer that the city and county cannot prohibit what the state legislature permits. City Attorney Donahue recommended that the council hold in abeyance until next meeting. Asst. City Attorney Lee Kaufman has resigned to attend a 9 month tax school. Attorney James E. Vidal has been appointed by Mayor Happ as Asst. City Attorney. LICENSE & PERMIT BONDS James E. Schaff Ace Plumbing & Heating, Missoula Plumber Bond Councilman Sliter moved that the license and permit bonds as approved by City Attorney Donahue be accepted.- Seconded by Councilman Allen. Carried. Director of Public Works Knebel reported that Bill Kostka has asked the Board of Adjust- ment to build either a house or a garage on a small lot. No action taken. Councilman Sliter reported that he will be out of the state from September 17 through 23. Fire Chief Peters asked the council to allow the uniform allowance for fire department personnel It is not spelled.out in their contract, but has always been a budgeted item. Councilman Daley moved to refer to the Safety Committee and report back.at the next meeting. Seconded by Councilman Sliter. Carried. Id11701MMMU; Finance Director Gary Nystul reported that the HUD grant application for the west side storm sewer project has been approved and the city should be receiving a.formal letter of accord s a ad that enough money must be set aside for a CPA to audit the project. Th ity shoal set up a City H g uthority to reach our housing assistance goals. There sing no furth business, or Happ ad ourned the meeting at 10:20 P. M. Minu es approved presented ober 4, 1 6. I Norma- E. Happ, Woe