10/18/76 City Council Minutes98
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY,
OCTOBER 18, 1976 IN THE COUNCIL CHAMBERS AT CITY 11AL1. MAYOR HAPP PRESIDED. ALL
COUNCILMEN PRESENT.
APPROVE MINUTES
Councilman Allen moved that the minutes of the regular meeting of October 4 1976 be
approved as presented. 'Seconded by Councilman Schwartz. Motion carried.
CITY OFFICIALS REPORTS
City Clerk report for July, 1976.
City Treasurer report for August, 1976.
Police Chief, Sanitarian, Director of Public Works, City Judge for September.
Councilman Schwartz moved acceptance of city officials reports as presented. Seconded
by Councilman Allen. Carried.
ADDRESSING THE COUNCIL
City Clerk Beardslee asked permission for himself and Finance Director Nystul to attend
the district meeting of the Montana Clerks, Treasurers and Finance Officers Association
in Missoula on October 22nd. Councilman Sliter moved that City Clerk Beardslee and
Finance Director be permitted to attend the MCTFOA district meeting in Missoula on Oct -
over 22nd, with per diem and travel by private transportation allowed. Seconded by
Councilman Allen. Carried.
COMMITTEE REPORTS
Councilman Grainger reported that he and Finance Director Nystul went through the city's
insurance and felt that we are over insured on some and under insured on other buildings.
They will investigate further and bring back a recommendation to the council.
SEWER & WATER
Councilman r reported that the Storm Sewer Construction Project on First Avenue
East is 54% completed at this time and looks promising that it will be finished this
year.
ORDINANCE #863
Councilman Granmo moved enactment of Ordinance #863 an Ordinance adopting the 1976 Edition
of "Uniform Building Code" to declare an emergency and to repeal conflicting ordinances.
Seconded by Councilman Schwartz. Roll call vote. All voted aye. Ordinance enacted.
Councilman Granmo reported that sludge from the disposal plant may be unsafe to add to
garden soil. Neptune Microfloc Company states it is toxic. Sewer & Water Committee
recommends that it not be offered for use of the public.
FINANCE
Councilman Sliter reported that the finance committee has met with 4 data processing
service bureaus - Conrad Bank, Commercial Data, Central Data and Flathead Valley
Community College. They are also going to look at mini computer and electronic apmount-
ing data processing for city hall.
ANIMAL CONTROL
Councilman O'Boyle reported that 42 animals were taken to the shelter in September.
There were 1866 visitors and 502 phone calls. The animal shelter has raised fines
for impounded cats from $2.00 to $4.00 and $4.00 to $6.00 for dogs. There is no fee
for,euthanizing animals. Boarding fee is still $2.00 per day. Visiting hours are
11 A.M. to 5 P.M.
SAFETY
Upon recommendation of Fire Chief Peters, Councilman O'Boyle moved that Melvin Tweet
be confirmed as Captain in the fire department. Seconded by Councilman Williams.
Motion carried.
I
qy
On request of Police Chief McDowell, Councilman Schwartz moved that permission be
granted to hire a dispatcher in the police department to fill vacancy of Mary Lea
Norman. Seconded by Councilman O'Boyle. Motion carried.
SANITATION
Sanitarian Goulet reported that he is able to do as -much or more for the City as a part
of the City -County Health Department than he did as City Sanitarian.
RESOLUTION NO. 3088
Councilman Daley moved adoption of Resolution No. 3088 a Resolution on acquisition or
development for Outdoor Recreation for the improvement of approximately 15 acres in the
northwest corner of Woodland Park, consisting of installation of irrigation system,
fencing, additional equipment and landscaping. Seconded by Councilman Sliter. Carried.
Amount of grant for a 3 year program is $52,000.00.
LAWRENCE PARK
Three students from Montana State University presented a master plan for a recreational
complex for Lawrence Park. Proposed ideas are for an outdoor amphitheater, large
covered pavilion, exercise path, winter skiing, parking area and ice skating rink. The
plan will be sent to Mayor Happ and council members, changes considered and returned
to the students.
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Councilman Daley reported that he met with Park Supt. Drent, Robert Hooper, represent-
ing mens softball association and Kay Cahill, representing womens softball association
to discuss the idea of a community project for improving softball fields. Softball
players will help with the development, but would like assurance that the area will be
continued as softball fields.
Councilman Daley moved that the Daley Ballfield be dedicated as a softball field.
Seconded by Councilman Sliter, Mr. Hooper stated that with the help of the park depart-
ment and Flathead County park department they will recondition the infield and resow
the outfield areas. They expect the state tournament in 1979. Each field has water at
the present time. Reatrooms are being constructed. Mr. Hooper asked that an agreement
be drawn between the City of Kalispell and the Men and Women's Softball Associations
dedicating Daley Field's primary use as a softball field.
Queasion called. Motion carried.
STREET & ALLEY
Councilman Allen reported a letter from Thomas, Dean & Hoskins stating that they are
presently preparing final plans and the Design Study Report on Project M6714 (1) lst
Avenue East & Center Street. They will be requesting final design approval on the
project sometime this week. They are presently on schedule with the design procedure.
Recently, they received a copy of a letter from the Montana Highway Department indicat-
ing that they will be setting up a program for improvements on 3rd Avenue East North
and the storm drain system associated with this area. This project may also include
construction of a storm drainage treatment facility at the 1st Avenue West outfall. The
preliminary estimated construction cost of the project ranges from about $900,000.00 to
$1,300,000.00.
Councilman Allen asked Councilman O'Boyle, as a school bus driver, to investigate the
request for 'no parking' on 8th Street West and make a recommendation to the Street and
Alley Committee.
ANNEXATION
RESOLUTION N0. 3089
Councilman Schwartz moved adoption of Resolution No. 3089 a resolution amending the
reselutinn to resubdivide the Simmons Subdivision to request 15 ft. right-of-way on
north side of property. Seconded by Councilman Granmo. Roll call vote. All voted aye.
PUBLIC HEARING - Ports Villa Subdivision #2, Addition #65
Councilman Schwartz moved enactment of an ordinance for final annexation of Ports Villa
Addition #65, Lots 1 through 12, Lot 13 as park dedication and Lot A dedicated to the
city for a street. Seconded by Councilman Allen. Roll call vote. -Councilmen Grainger,
Grano, Sliter and O'Boyle voted no. Councilman Daley, Allen, Schwartz and Williams
voted yes. Tie vote.
too
Discussion followed concerning a petition signed by over 100 area residents concerned
about traffic hazards, drainage problems, overcrowded school, etc. which was presented
to the City -County Planning Board for their consideration.
Developer Jim Sharon felt that they have complied with all requests of the planning
board and city council and that the annexation should be further delayed.
Mayor Happ stated that she would like to view the areaandtalk to the county commissioners
before casting a tie -breaking vote.
Councilman Allen withdrew the second to the motion. Councilman Schwartz withdrew motion_
for annexation. A decision will be made at a special meeting scheduled for October 25th.
PUBLIC ,HEARING - SpecialImprovementDistrict #322 ,
RESOLUTION NO. 3090
There being no protests or objections to the final passage of Resolution No. 3087 or to
any assessment or tax levied on Special Improvement District No. 322, Councilman Sliter
moved adoption of Resolution No. 3090 a Resolution adopting S.I.D. No. 322 assessments.
Seconded by Councilman Granmo. Roll call vote. All voted aye.
MISCELLANEOUS
FIRST AVENUE EAST BEAUTIFICATION
Because of the possible delay of construction of First Avenue East if beautification is
requasted, Councilman Daley moved no request for beautification of First Avenue East be
made to the State Highway Department. Seconded by Councilman Grainger. Councilman Sliter
voted no. All other councilmen voted aye. Motion carried..
OUTLAW, INC. ROAD ABANDODIl'4EIVT PETITION
Mayor Happ reported the following letter:
October 11, 1976
Mrs. Norma. Happ '
Mayor
City Hall
Kalispell, Montana 59901
Re: Outlaw, Inc. Road Abandonment Petition
Dear Mayor Happ:
This letter will constitute formal notice of the withdrawal of the Petition
of the Outlaw, Inc. for abandonment of a portion of old highway 93.
Due to considerable confusion and misunderstanding of many regarding what
was contemplated, we feel it is in the best interest of the public to withdraw
our petition at this time. We do contemplate resubmitting a petition at a
later date and will, at that time, fuxnish a more comprehensive traffic rout-
ing plan which we feel will best serve the public interest.
We do appreciate the consideration given us by yourself and members of the
city council in our previous hearings.
Very truly yours,
OUTLAW, INC.
Isl R. W. Buck Torstenson
Councilman Daley requested a time schedule from Mayor Happ and council members for
curbs, gutters and sidewalks on let Avenue East from 13th Street south.
Mayor Happ announced a preconstruction meeting for South Loop Road at 1:15 P. M. on
October 19th with the Highway Department.
Mayor Happ read a letter from William A. Penttila, Chief, Fire Marshal Bureau,
commending her, fire and police departments for performing in such an effective and
cooperative manner during the recent emergency. Many arsonsists go undetected -and
free to commit more crimes because cooperation between the fire service and law
enforcement is lacking. This was -not true in Kalispell and we will be pointed out
as a shining example of the proper way for a community to deal with arson at every
opportunity.
Mayor Happ announced that Labor Consultant York will be in town this week to condlude
wage negotiations.
FIRE DEPARTMENT CLOTHING ALLOWANCE
Councilman Allen moved that the Contract between the City and International Association
of Fire Fighters,Local Union No. 547 be amended by a Memorandum of Agreement regarding
uniform and cleaning allowance. Seconded by Councilman Grainger. Motion carried.
INSURANCE - HOCKADAY ART CENTER
At the present time the Hockaday Art Center is covered for fire, liability and boiler
insurance. City Attorney Donahue recommended that when new lease is negotiated with
the art center, all questions concerning budget, insurance, utilities, etc. be covered.
INSURANCE - CONRAD MANSION MUSEUM
Councilman Williams moved that the City pay fire insurance on the contents in Conrad
Mansion that are city owned (amount $50,127.50 - premium $576.47) and the Mansion pay
on contents on loan to the Mansion (amount $15,270.00 from University of Montana
premium $175.69 and $11,405.00 from individuals - premium $131.16). Seconded by Council-
man Allen. Motion carried.
ORDINANCE N0. 864
Councilman Williams moved enactment of Ordinance No. 864 an Ordinance requiring the
deposit of initial costs on petition for Special Improvement Districts. Seconded by
Councilman Williams. Roll call vote. All voted aye.
Mayor Happ reported that she has written letters to Nat Boyd, property owner at 290 N.
Main, informing him that the city council has denied his request for placing parking
meters in front of Forest Service Building at 290 N. Main.
Mayor Rapp reported that she has written a letter to Mr. Ed Corps, Supervisor, Flathead
Forest Service, informing him of numerous complaints regarding the lack of parking
space in front of the Forest Service Building at 290 N. Main, noting that this building
does not have the number of off-street parking spaces as required by city ordinance and
asking that corrective steps be taken.'
City Attorney Donahue reported on the National Institute of Municipal Law Officers
Meeting in Las Vegas. Be stated that there is a general concern about federalism with
local government. He has distributed information obtained from the meeting to various
council members and will give more on request.
City Attorney Donahue reported several delinquencies in the contract for the new fire
truck. It does not state who will pay the service man, there are no specs attached, and
we need the Seagrave Warranty,
Councilman Granmo reported that the treatment plant worked better in September than it
ever has. Councilman Granmo reported that some west side residents have corresponded
with him concerning water sprinkling time. The situation has been corrected by extend-
ing the sprinkling time longer than required by the P.S.C.
City Attorney
Do
reported that the meeting with the state government study com-
mission on loc gov nt code will be d in an afternoon and evening session on
October 27t
Counc' Willi reported that/he will be n vacation the first two weeks in November.
C cilman Alle moved adjo nt at 10 P. Seconded by Councilman Daley. Motion
arried.
Minutes app ved as press d Novemb 15, 1976.
- — Norma E. Happ, Mayor
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