09/20/76 City Council MinutesR9e
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P. M., MONDAY,
SEPTEMBER 20, 1976 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED.
COUNCILMEN SLITER AND GRAINGER ABSENT. ALL OTHER COUNCILMEN PRESENT.
PUBLIC HEARING - S.I.D. #323 - Sanitary Sewer Construction on 5th Avenue East -
Mayor Happ read letters of protest from several property owners received since the
last meeting. Mayor Happ called upon Director of Public Works Knebel for a report
on the petition of protest presented at the September 13th meeting.
Director of Public Works Knebel reported that he and City Attorney Donahue have
checked the area of S.I.D. #323 protested and that it represents 49.51/6 of the property
involved.
The protests received since will make the area protested well over 50%.
Councilman Williams moved S.I.D. #323 be abandoned. Seconded by Councilman Allen.
Mrs. Frank Miciewicz stated that they have had septic tank trouble for 23 years. There
is no more room for a drain field on their property.
Werner Conrad reported no septic tank trouble on their property in the many years they
have lived in the area.
Mayor Happ suggested a smaller district might be formed in the area where there is
serious septic tank trouble. Councilman O'Boyle stated that they might start at the
Becker property and go south to create a smaller district.
Question called. Motion carried.
City Attorney Donahue was directed by the council to draw an ordinance requiring a
deposit by petitioners for special improvement districts to cover title search, pub-
lication and mailing costs. Suggested amount $150.00.
PUBLIC HEARING - Petition for Discontinuance of City Street -
Attorney Gene Phillips, representing The Outlaw Inn, reported that the street involved
is between The Outlaw Inn and the parking lot of the Outlaw Inn. There is a traffic
hazard and general confusion in the area. The title to the street is in Flathead
County, but as the street is within the city limits the County would like to quit
claim the street to the city and let the city resolve the problem. Attorney Phillips
said that he understood that as the council was two members short and would like the
hearing continued to the October 4th meeting, he would concur because their surveyor
had not finished a map of the area and Mr. Torstenson, owner of The Outlaw Inn, is
out of town.
A letter from Les Sterling, KOFI Radio Station, was read endorsing the closure because
of the danger involved in Outlaw Inn patrons who do not realize that a through street
exists.
A written request from Fire Chief Peters was read asking that the south end of First
Avenue East be kept open because of fire lanes to The Outlaw Inn and other businesses
in the area.
Councilman Daley withdrew his council vote because of a conflict of interest as he
owns property in the area. Attorney Randy Ogle, representing Mr. Daley, agreed
reluctantly to postpone his arguments until October 4th.
Letters were presented from real estate people about the effect on surrounding prop-
erties. Other opponents were Art Lindlief, representing The Hindquarter and Bill
Roberts, Exxon Service Station.
Mayor Happ requested a written statement from the Police Department concerning the
closure.
Hearing continued until October 4th.
ADDRESSING THE COUNCIL
Charles Tillson requested permission for a water hook-up on the lot lying and being
in the NF)4 of the SW4 of Section 17, Township 28 N. Range 21 W, Flathead County, to
the existing water line through this lot to the Fred Kammerdiener property. An
easement was granted through the above mentioned lot by Nick and Louise Hendrickson
with the condition that a "T" be installed for future water connection on the property.
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The request was taken under advisement by the Sewer & Water Committee.
MEETING NIGHT
Mayor Happ recommended council meetings be changed back to the 1st and 2nd Mondays of
each month because of the work load in the Clerk's office the last two weeks of the
month. '
Councilman Williams stated he prefers Monday night to any other night of the week and
can serve the public better with the meetings on the let and 3rd Mondays.
Oren Blekken, KOFI NEWS, asked for a council vote. No action taken.
COMMITTEE REPORTS
SEWER & WATER
Councilman Granmo asked Director of Public Works Knebel to report on the storm sewer
project on let Avenue East. Director Knebel reported that the contractor is making
good.progress and a little ahead of schedule. There is a little dust problem, but the
City is trying toalleviateit.
SAFETY COMMITTEE
Councilman O'Boyle reported that the Safety Committee authorized Mayor Happ to sign a
purchase order with Roy Stanley Chevrolet for two 1977 police cars at a cost of
$8,843.76. Delivery date approximately 30 days.
ANIMAL CONTROL BOARD
Councilman O'Boyle reported that the County is working on a pet control ordinance, but '
they have the problems of - who will enforce? - where will the money.come from? - and
other problems. During August the shelter took in 283 dogs (43 from Kalispell) and 216
cats. 111 dogs and 78 cats were adoptedoutand 115 dogs and 113 cats were put to sleep.
the rest were claimed by owners.
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Councilman Daley reported that the Health Committee and the Flathead County Health
Department has investigated the offensive condition complaint at 427 let Street East
and find there is not a health hazard and recommend the matter be dropped:
FLATHEAD DRAINAGE 208 MEETING
Councilman Daley reported he attended the 208 Meeting in Polson, representing Mayor
Happ. He said it was a very informative meeting. They are going to request meetings
with the various city councils in both Flathead and Lake Counties. They are attempting.
to find the reason for the phosphate in the Flathead River below Columbia Falls..There
will be a meeting this week to tour south of Polson.
The Park Committee investigated a plan to work with the County Park Board and BOR to
obtain more land_ in Lawrence Park area, but they feel the price at $3,000.00 per acre
for 15.acres is too high.
Reporting for Councilman Grainger, Mr. Daley requested a meeting of the council on
Thursday, September 23rd at 7:30 P. M. to set priorities or suggestions for projects
to submit for obtaining EDA grant. Councilman Grainger will have all the information
and applications at that time.
Councilman Daley reported they are working with the Golf Association and BOR on a new
golf course lease.
STREET & ALLEY
Councilman AlleIV reported that the Street & Alley Committee met and accepted the bid
from Treasure State Equipment to purchase.old grader from City for $2,150.00.
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The Street & Alley Committee will be meeting Thursday, September 23rd in conjunction
with other committee meetings.
EMPLOYME[dT
Councilman Williams reported that the Employment Committee will meet with the other
two committee meetings on Thursday, September 23rd.
Leonard York, Labor Consultant, will be negotiating with the Municipal Employees Union
#256 at 2 P. M., Wednesday, September 22nd.
1 CITY OFFICIALS REPORTS
City Treasurer for July, 1976.
City Judge, Police Chief, Sanitarian and Director of Public Works for August, 1976.
Councilman Daley moved city officials reports be accepted. Seconded by Councilman
Allen. Motion carried.
MISCELLANEOUS
RESIGNATION - Because of illness, Dr. John Roche resigned from the Board of Adjustment
as of September 1, 1976. Councilman Williams moved the resignation of Dr. Roche be
accepted with regret. Seconded by Councilman O'Boyle. Motion carried.
RETIREMENT - The Police Pension Board of Trustees recommended and Councilman Allen
moved that the retirement of Lt. Robert L. Sevier be accepted with regret. Seconded
by Councilman Daley. Motion carried.
Mayor Rapp announced that there will be four public hearings on October 4th:
1 Street Closure at The Outlaw Inn
2 Abandon Alley in Ted's Addition
3 Abandon Alley at Old Hospital
' 4 Ports, Villa Resubdivision
LICENSE & PERMIT BONDS
George L. Thompson Plumber Bond
Counlilman Allen moved that License & Permit Bonds as approved by City Attorney
Donahue be accepted. Seconded by Councilman Grano. Carried.
Councilman Daley moved that City Attorney Donahue be permitted to attend a meeting of
the Study Commission on Local Government to discuss the proposed code, in Helena on
October 2nd, with mileage and per diem authorized. Seconded by Councilman Allen.
Motion carried.
GAMBLING PETITION
City Attorney Donahue reported that at the request of the council last meeting hi5 has
looked into the matter of the petition asking for limitations and a ban on gambling
within the City. In communicating with the County Attorney's office he has found that
the County has filed suit for a declaratory judgment to see whether or not they can do
what this petition asks them to do. He has talked with Mr. Moore, counsel for the
petitioners, and has been advised that most of the signers of the city petition are
also signers of the county petition. Therefore it would be appropriate for the City
to get into the suit as an intervenor as we have a similar question with similar people.
We would be asking the -court to answer our question at the same time it answers the
county's question. Be would like permission from the council to file such a suit..
' Councilman Sc z oved that Cit Atto ey Donahue be given permission to file suit
as an intern or w h the co ty s suit f r a declaratory judgment on the issue.
Seconded b Counc' O'Boy' Motion c rried.
Counci 0'B Is asked t the coon 1 come to some agreement with the county and
fix S th Wo and Avenue that it s gone long enough and should be resolved.
The resol io Immanual Lutheran Nursing Home did not arrive in Kalispell
in time or council n tonight and must wait until October lath.
Councr Schwartz ved he meeting adjourn. Seconded by Councilman Allen. Carried.
Minu es proved a resen ad Octobe 4 1976.
ATTEST: Norma E. H pp, Mayor /