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11/15/76 City Council Minutes106 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS PM AT 7:30_P.M., MONDAY, NOVEMBER 15, 1976 IN TEE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of October 18, 1976 be approved as presented. Seconded by Councilman Williams. Motion carried. Councilman Schwartz moved that the minutes of the special meeting of October 25, 1976 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. ' OFFICIAL REPORTS City Judge, Police Chief and Director of Public Works for October 1976. City Treasurer and City Clerk for September 1976. Councilman Schwartz 'moved acceptance of the city officials reports. Seconded by Councilman Williams. Motion carried. zII; _. 4 w Sp\ Dan Lundgren, 110 Crestline Drive, spoke regarding the assessments on SID 322. He had protested the formation of the SID. After receiving his tax notice and noting that his part of the assessment is over $10,000.00, asked the council to consider the in- justice of assessing commercial and residential property at the same rate. Mary Pickett, Daily Inter Lake city reporter, read a letter from Marlin Hanson, Daily Inter Lake managing editor and herself, protesting the reluctance of the Board of Adjustment Chairman, J. Austin Miller, to release an agenda and correct meeting times and places for the board's regular monthly sessions. They felt that Mr. Miller is not conducting public meetings as he is obligated to do under the law. Because these problems are not isolated events they fear they will continue in the future. They asked Mayor Happ and members of the city council to consider removing Mr. Miller from the chairmanship of the Kalispell Board of Adjustment and replacing him with a person ' more responsive to the citizens of Kalispell. Oren Blekken, KOFI news reporter, stated that there should be no reflection on the city council or Mayor Happ or anyone at city hall. Anytime he has learned of news items and has asked for information, he has never been refused. Mr. Blekken also objected to Mr. Miller's private secretary writing the minutes of the Board of Adjust- ment meetings, when Director of Public Works Knebel is the Board's secretary. Inform- ation was given out at the last meeting that 4 variances were granted, when in reality only 3 were granted. Mayor Happ replied that steps are being taken to correct the situation. City Clerk Beardslee, President of the MCTFOA, asked council permission to attend a board meeting in Lewistown on November 17th. Councilman Sliter moved that City Clerk Beardslee be allowed to attend the meeting. Seconded by Councilman Williams. Motion carried. COMMITTEE REPORTS FIT/1' * IWD1kP Councilman Williams stated he had no report as he had been on vacation the past two weeks. ANNEXATION RESOLUTION NO. 3092 Councilman Schwartz moved adoption of Resolution No. 3092 a resolution to approve, as a subdivision of the City of Kalispell, the resubdivision of a portion of Lot 1, Block 1, Airport Addition to Kalispell. Seconded by Councilman Williams. This is a lot owned by the Elk's Club who wish to sell the south portion. The APO has recommended approved of the resubdivision. It has been reviewed and approved by City Attorney Donahue and the annexation committee. Roll call vote. All voted aye. Councilman Schwartz moved approval of the construction of a motel near the Elks Club. The present ordinance requires auto courts and trailer parks to be approved by the council. Seconded by Councilman Allen. Motion carried. 107 ORDINANCE No. 866 Councilman Schwartz moved enactment of Ordinance#866 an ordinance to amend Section 21-1, Kalispell City Code, to provide for the adoption of the "International Assoc- iation of Plumbing and Mechanical Officials Uniform Plumbing Code, 1976". Seconded by Councilman Williams. Roll call vote. All voted aye. STREET & ALLEY Councilman Allen moved adoption of a $1.00 per day rate for parking meter hoods (present rate 400) Seconded by Councilman Sliter. Motion carried. ' Councilman Allen reported a letter from the Department of Highways to A. G. Zbitnoff, Mgr. Traffic Design Unit, Highway Dept., asking him to expedite his review of signal warrents for the intersections of Center, 2nd, and 4th Streets with both let Avenues East and West. He stated that every effort would be made to have the analysis complete, warrents approved, and be ready to report back to the Kalispell City Council at their December 6, 1976 meeting. On -going traffic committee will meet Tuesday at 10:30 A.M. in the council chambers at city hall. Councilman Daley displayed the preliminary master plan for a recreational complex in Lawrence Park which was prepared by Montana State University students. The plan has been revised in several ways regarding the parking area, shelter, roadway through the park and other minor details. Councilman Daley moved that Park Supt. Drent be author ized to make these changes and send it back to the MSU students to be included in their final plan. Seconded by Councilman Allen. Motion carried. Councilman Daley reported that he attended a -County Health Board meeting. The swine flu inoculation went over well. Anyone who missed the first inoculation can still receive a free shot by going to the county health department from 1 P.M. to 4 P.M. ' any Monday in November. Councilman Daley reported that the County Park Board has plans to develop Foys Lake as an ice skating and hockey rink. This will relieve Woodland Park from the faster skaters and hockey players. They are considering a county park and recreation director to coordinate recreation in the various cities as well as the county. GAMBLING COMMISSION Councilman Daley attended a meeting of the county gambling commission. Discussion on membership and number on the board equal to population. Proposal is for: Kalispell, 2_members;;Whitefish,`I-, Columbia Falls, 1; County Districts #1, 2 and 3, 1 member each; Ministerial Association, 1; Flathead County Tavern Association, 1; Tri-City County Law Enforcement Agency, 1; and Chairman of Flathead County Board of Commissioners, 1 member (voting in case of tie only). The commission is trying for regulations to fit the entire county and cities within the county. Further proposal is for cities to receive the gambling license money and the county to receive dealers license money and do all investigation. Councilman Daley moved that the proposed gambling regulations be referred to the gamb- ling committee for study and report back to city council on December 6th. Seconded by Councilman Allen. Motion carried. APPLICATION FOR ALL -BEVERAGE -LICENSE Councilman Daley reported a request from the VFW Club, located at Ill Main Street, for an all -beverage license. A letter accompanied the request showing that they have received their state license. The $400.00 fee accompanied the request. Councilman Daley moved that the City issue an all -beverage license to the VFW Club at 111 Main Street. Seconded by Councilman Allen. Motion carried. SAFETY Councilman O'Boyle read a request from Police Chief McDowell asking for the appointment of Det. Lt. Don Hellman to the position of Aest. Police Chief for a probationary pei,&od of one year, effective November 15, 1976. Councilman O'Boyle moved that a voice vote be taken on the request. Seconded by Councilman Daley. Motion carried. 108 Councilman Williams spoke of the right of the council to personal interviews with applicants for positions. He stated that recommendations from supervisors serve a purpose, but do not show an entire picture. Mayor Rapp stated that the mayor can appoint without the consent of council members. Jim Moore, Attorney, spoke for Lt. Hellman. He stated that has had social contact with him and also worked with him at the last session of the legislature. He always acted in a courteous, quiet and dignified manner and would serve the City of Kalispell well as Asst. Police Chief. Councilman Schwartz spoke favorably for Lt. Hellman and also reminded the council that he would be on a 12 month probation for the position. Councilman Daley stated that every department has a program of progression for promotions. Lt. Hellman is qualified by seniority, does a good job at his present position, and is highly recommended for his work with the county sheriff and county attorney. Councilman Williams stated that any vote he takes on the issue is not a vote for or against Police Chief McDowell or the police department. Chief McDowell reiterated his request that Lt. Hellman be promoted to assistant chief because of his past record and good work in the department. Question called. Councilmen Schwartz, Daley, Sliter, Granmo and Grainger voted aye. Councilmen Williams and O'Boyle voted nay. Councilman Allen abstained. Lt. Hellman promoted to Assistant Police Chief for a probationary 12 month period effective November 15th. ANIMAL CONTROL BOARD 1 Councilman O'Boyle reported that 43 animals were taken from Kalispell to the animal shelter in October. There is a proposed pet ordinance being considered by the county, but the problem of an animal warden and money have not been resolved. HIGH SCHOOL PARKING ' Councilman O'Boyle reported that he has investigated the parking problem at the high school and finds the problem is serious. If you place 'no parking' signs on 8th Street West you push the parking into the residential area where there is already a parking problem. Chief McDowell stated that the council should think seriously about making 8th Street West a one-way street. Council directed Mayor Happ to write to school officials and ask for help from the school with the parking problem. INSTALL PARKING METERS Councilman Allen moved that meters be installed on lot Street West between let Avenue and 2nd Avenue West on both sides of street. Seconded by Councilman O'Boyle. Motion carried. FIREMAN LAY-OFF Councilman O'Boyle asked Fire Chief Peters to discuss lay-off of 1 fireman as requested by Mayor Happ to -keep a balanced budget in the fire department. Chief Peters stated that with city expansion the council should be hiring firemen and not laying one off. He asked that the council ask for a 2 mill emergency levy because of the recent large fires, which wiped out their overtime budget. Finance Chairman Sliter replied that it is too late to ask for an emergency levy this year as tax notices are out. Finance Director Nystul explained that when the budget was adopted, it was adopted on the provision that every department reduce personnel. The fire departmentbudgetwas to cut one fireman or approximately $8,000.00. This has not been done to date. I£ it is not done, there are these choices: (1) lay off enough firemen in May and June to keep the budget balanced; (2) transfer from another department enough money to pay the extra fire- man; (3) ask for an emergency budget, in which case this amount of money must be deducted from next years revenue. He added that revenues will be less this year than what was anticipated when the budget was adopted. Utilities and materials purchased have been reduced as far as possible, and that leaves only manpower in any department that can reduce and keep the budget balanced. 109 Councilman O'Boyle moved that the safety committee be given more time to study the matter and a solution provided by January lat. Seconded by Councilman Williams. Motion carried. FINANCE Councilman Sliter reported that claims for October have been approved and paid accord— ing to power to act granted finance committee at last meeting. SEWER & WATER Councilman Granmo reported a letter from the State Department of Health, concering the HUD grant for the 7th Avenue West Storm Sewer Project. At the request of Stahly Engineering & Associates, the State will waive settling pond expense at this time and all money can be used for pipe. Councilman Granmo read a letter of request from Water Supt. Longpre to send Donald Young to Water and Wastewater School in Bozeman the week of November 15th, and moved that the request be granted with tuition, per diem and travel allowed. Seconded by Councilman Schwartz. Motion carried. Councilman Granmo read a letter from Thomas, Dean & Hoskins which stated that progress on the lat Avenue East and Center Street Project is ahead of the projected schedule. Plans are expected to be ready for submittal for final review by December lat. The projected schedule anticipated final submittal on January 5, 1977. Montana Highway Department's recommendations on traffic signal placement is expected about December lat. At the request of Thomas, Dean & Hoskins, Councilman Grano moved that the retainage on the lat Avenue East Storm Sewer Project for Contractor Pack & Company be reduced from 10% to 5%. The project is more than 75% complete. Seconded by Councilman Schwartz. Motion carried. Councilman Granmo reported that the wastewater treatment plant has been working very well through September and October. Councilman Granmo reported that the sewer and water committee met with Dennis Carver, resident engineer for Morrison—Maierle, Inc. to discuss problems at the wastewater treat— ment plant, and a letter from the EPA recommending that the city take action on plant deficiencies. Another meeting is scheduled in the near future to determine what action will be taken. RESOLUTION NO. 3093 Councilman Grano moved acceptance of Change Order #1 on the lot Avenue East Stbomm Drain Project for removal and replacement of 18" sanitary sewer to correct adverse grade, at a price of $1,011.70. Seconded by Councilman Sliter. Roll call vote. All voted aye. RESOLUTION NO. 3094 Councilman Grano moved acceptance of Change Order #2 on the lat Avenue East Storm Drain Project, as an integral and special part of the project, approved by Thomas, Dean & Hoskins, Engineers for the project, to correct a drainage problem on the east side of the intersection on 3rd Street and Main, cost estimate $8,656.75. Seconded by Councilman Sliter. Roll call vote. All voted aye. Councilman Granmo reported that further study is necessary before making a recommendation on the proposed new well for the water department. CHAMBER OF COMMERCE Councilman Grainger reported that he has attended two Chamber of Commerce meetings. They are still in favor of beautification on lat Avenue East even though he informed them there are no funds and have appointed two more persons to investigate the project. Council members are invited to a gathering to welcome new personnel at the chamber. III'I MML LUTHERAN HOME EXPANSION RESOLUTION NO. 3095 Councilman Schwartz moved adoption of Resolution No. 3095 a resolution authorizing a project under Title 11, Chapter 41, RCM 1947, as amended, the leasing and mortgaging thereof and the issuance•and sale of $800,000 first -mortgage nursing home bond Series 1976; approving the documentation in connection therewith; and authorizing the execution and delivery of the bonds and documentation. Seconded by Councilman Allen. Roll call vote. All voted aye. I t O MISCELLANEOUS FINANCE COMKITTEE Mayor Happ referred a letter to the finance committee regarding the use of public accountants for the city annual audit as provided by HB 507 passed by the 1975 legis- lature, with recommendation at next meeting. LIONS PARK Councilman Grainger moved council acceptance of the irrigation system for Lions Park contracted by Kalispell Feed & Grain on recommendation of Director of Public Works Knebel. Seconded by Councilman Allen. Motion carried. Mayor Happ reported a letter from E. L. Corps, Supervisor for Flathead National Forest, regarding council request for more parking at their office. The request has been forwarded to General Services Administration from whom the property is leased. Mayor Happ reported a letter from Paul R. DeVine, Chief, Planning and Research.Bureau for Department of Highways, regarding reconstruction of a portion of Woodland Drive with Federal Aid Urban Funds. In order to add this street to -their priority listing for urban funds it will be necessary that they have a letter indicating the limits of the project, the scope of the work and rough estimate of the costs signed by Mayor Happ and the Chair man of the Flathead County Commissioners. County Road Supt. Vinje is working on the. cost of the project atthistime. CONWAY DRIVE RESOLUTION NO. 3096 Councilman Allen moved adoption of Resolution No. 3096 a resolution to change the name of a certain street in the City of Kalispell withinHighlandPark Second Addition to "Conway Drive", in honor of the late Dr. William Q. Conway, and directing the City Dir- ector of Public Works to prepare and file appropriate plat reflecting same. Seconded by Councilman Daley. Roll call vote. All voted aye. A request from Dean Marquardt for the city to give Lot 8 of Block 1 of Ashley Townsite to the owner of Lots 7 and 9 was referred to the street and alley committee for rec- ommendation. Property owner of Lots 7 and 9.is Emma McCartney. North boundary of Lot 8 runs through her garage. City Attorney Donahue recommended Director of Public Works Knebel find if the survey is accurate, and also if the city does quit claim deed lot, -provision vhou'ld_-be-made to -retain _-sewer easement. Finance Director Nystul reported that the airport board has not been living up to the terms of their lease regarding fire insurance. Buildings have not been insured for several years. Also, liability insurance will be coming up on January lat. Director Nystul recommended that the city insure the buildings, valued at $50,000 for fire and deduct from the airport budget. Councilman Grainger moved the city buy fire insurance on the airport buildings. Question raised as to the value of the buildings and also on insurance rate of 1.992 making total insurance cost $1,004.33. Councilman Grainger withdrew motion. He and Finance Director Nystul will investigate. the buildings and rate and use their judgment to insure. Mayor Happ reported receipt of the letter of credit from HUD for $200,000. for the 7th Avenue West Storm Sewer Project. Finance Director Nystul attended a meeting in Helena concerning our application for a HUD grant forfiscalyear 1977. The statewillhave 2-J million dollars for grants this year. Last year they had 2 million dollars. This year there are 14 recipients, 1 being for our storm sewer project. .By the December council meeting he will have more inform- ation. . UNION CONTRACT Councilman Sliter moved adoption of the agreement between Local #256, American Federation of State, County and Municipal Employees, AFL-CIO and the City. Seconded by Councilman Daley. Councilman Williams abstained. Motion carried. 111 ORDINANCE No. 867 Councilman Sliter moved enactment of Ordinance No. 867 an ordinance settling salaries and wages for city employees for fiscal year 1976-1977. Seconded by Councilman Schwartz. Roll call vote. Councilman Williams abstained. All other councilmen voted aye. Ordinance enacted. I ilI[" ►uKftJr, a4u1-01 u ' No action was taken on the request of Douglas Wilson, police department, for disability retirement. The police commission has not made a recommendation at this time. Mayor Happ reported a letter from County Attorney Springer regarding a reported violation of the State Open Meeting haw by the Board of Adjustment. Mayor Happ reported that Flathead County is planning to use the kitchen facilities at their new location, Flathead County Health Service Center, as well as allowing more county agencies to occupy the building. Mayor Happ, Councilmen and City Attorney Don— ahue feel that the county should make application to the Board of Adjustment to resolve further variances. Flathead County Commissioners will be informed of this decision. Councilman Allen, Chairman of Street and Alley Committee, and Director of Public Works Knebel will investigate parking facilities at the Flathead County Health Service Center. Reports are that it is usually full at this time and an addition of more agencies could create a problem. License & Permit Bonds A—Lite Electric, Inc. Electrician Bond Councilman Allen moved acceptance of the License & Permit Bond as approved by City Attorney Donahue. Seconded by Councilman Granmo. Carried. City Attorney Donahue reported that he has corresponded with Burlington Northern RR regarding installation of sewer lines crossing under their tracks and that it has now been referred to Director of Public Works Knebel who will work with Mr. Doug Daniels of Thomas, Dean & Hoskins. City Attorney Donahue reported that the city lease #46116 with Great Northern RR has been cancelled as of July 319 1976 and a refund check of $37.97 has been received. ZONING REGULATIONS Mayor Rapp requested Councilmen Grainger, Granmo, Sliter and O'Boyle to review the first 3 chapters of the new proposed zoning regulations and Councilmen Williams, Schwartz, Allen and Daley to review the last 3 chapters. They axe to make changes or revisions as they feel necessary and bring back recommendations in January 1977. Mayor Happ reminded councilmen that must be filed Januarv-,7th. Councilman Sher mo;bed that the r out of st be granted. Seconded There/being no f;drther business, Mi9des approvp/d as presented 44 tions for the coming city election of Pol'ce Chief McDowell for 6 days vacation nci Williams. Carried. 1976. the meeting at 10:15 P.M. Norma E. Happ, Mayor