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01/17/77 City Council Minutes1.34 TEE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, JANUARY 17, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HA -PP PRESIDED. COUNCILMAN.GRAINGER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Allen moved that the minutes of the Special Meeting on December,30, 1976 be approved as presented. Seconded by Councilman Daley. Motion carried. Councilman Daley moved that the minutes of.the Regular MeetingofJanuary 3, 1977 be approved as presented. Seconded by Councilman Allen. Motion carried. CITY OFFICIALS REPORTS City Judge, Police Chief and Director of Public Works for December 1976. City Clerk and City Treasurer for November 1976. Fire Department for 4th quarter of 1976. Councilman Allen moved the officials reports be accepted. Seconded by Councilman Williams. Motion carried. OPEN BIDS — Chlorine Firm Security Van Waters & Rogers 5% Bid Bond ($510.00) $170.00 per ton, P. O. Box 2767 F.O.B. Tacoma, WA. Spokane, WA 99220 (This price is firm until March 31, 1977, subject to change with 30 days notice) Pennwalt Corporation Cert. Check ($600.00) Tacoma, WA 98402 1. Chlorine — one ton net containers priced at $180.00/ton f.o.b. ' Tacoma, Washington. Shipment to be made via 15 ton multi —unit tank car. Outbound freight includes return of empty containers. 2. Chlorine — 150 lb. net cylinders priced at $0.275/lb., f.o.b. delivered. The price includes return of empty cylinders. (Prices quoted are subject to adjustment following a written thirty (30) days notice) Councilman Sliter moved that the chlorine bids be referred to the Sewer & Water Committee with power to act. Seconded by Councilman Williams. Motion carried. OPEN BIDS — Seventh Avenue West Storm Drain Improvements Firm Security Contract No.,. Bid McElroy & Wilken, Inc. Bid Bond 3529A $172,830.04 Pack & Company, Inc. Bid Bond 2760A 180,790.76 COP Construction Co. Bid Bond 543A 190,540.30 Councilman Sli_ter moved that the construction bids for the Seventh Avenue West Storm Drain Project be referred to the Sewer & Water Committee with power to act. Seconded by Councilman O'Boyle. Motion carried. RESOLUTION NO. 3099 Councilman Granmo moved authorization to call for construction bids on SID #324 (First Alley East Improvement Project) with bid opening to be March 7, 1977. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Williams moved authorization to call for bids on legal advertising for 2 years, beginning March 1977. Seconded by Councilman Schwartz. Motion carried. ADDRESSING TEE COUNCIL George Parrish, Box 185, Kelly Road, Columbia Falls requested permission from the council 1, 3 5 to move a 12' x 55' trailer to 7 — 7th Avenue West. His mother lives on the adjacent lot. He would remove the wheels and place on a foundation. He would live in the trailer while he builds himself a home, which will be approximately two years. This location is a commercial zone. The trailer will be removed when the home is completed. Councilman Daley moved torefer the request to the annexation committee and bring a recommendation to the council at the February 7th meeting. Seconded by Councilman Allen. Motion carried. Bill Wheeler, 15 3rd Avenue East, Kalispell, referring to a former discussion concern— ing forest land money which at, present goes to counties rather than cities, asked what was being done by the City. Mayor Happ replied that the request had been very well received at the League of Cities & Towns meeting by other cities, where it had been presented as a resolution. A bill to divide the revenue from forest lands will be presented to this session of the legislature. Mayor Happ added that,she would call the League on Tuesday to see what progress is being made. RESOLUTION NO. 3100 Councilman Sliter moved adoption of Resolution No. 3100 a resolution setting out that the City Council undertakes and agrees to issue orders annually authorizing loans or advances from the revolving fund to make good any deficiency in principal and interest on SID #324. Seconded by Councilman Daley. Roll call vote. All voted aye. Finance Director Nystul received four written bids for the sale of S & C warrants ranging in interest rate from 8.45% to 6%. Councilman Sliter moved we accept the offer of the First Northwestern Bank on $33,000.00 S & C warrants at the lowest rate of 6%.. Seconded by Councilman: Allen. Motion carried. RESOLUTION NO. 3101 Councilman Sliter moved adoption of Resolution No. 3101 a resolution authorizing _ preliminary approval for levying and assessing a special assessment and tax on lots, pieces and parcels of land situated within the City to defray costs of constructing sidewalks, curbs and gutters on public streets in front of said lots, pieces and parcels during the year 1976. Seconded by Councilman Allen. Roll call vote. All voted aye. COMMITTEE REPORTS SEWER.& WATER. Councilman Granmo reported a request for city water from Leland B. Payne, 210 Grand— view Dr. which is outside the city limits. The letter stated in part "We understand that at any time in the future you may desire to annex this property that we waive our right of.protest. Could you please advise if this would bind any future owner of the property? For instance, if they chose to drill a well and not use the city water, would they then have the right to protest annexation? We realize this is a question for the future, but would appreciate knowing your policy in this regard. We willappreciatehearing your decision as soon as possible. We are now without water as our present well (which is really not adequate) is on the Stillwater River on the former Mendenhall property and the line running across the field has frozen." Councilman Granmo moved to refer the request to the Sewer & Water Committee with power to act. Seconded by Councilman Williams. Councilman Granmo suggested that a water district could be formed in the area with the water metered at the city limits. City Attorney Donahee advised that if a district is formed, restrictions should be made on the number of hook—ups. Question called. Motion carried. Councilman Granmo reported a letter from Thomas, Dean & Hoskins concerning state high— way participation in the Third Avenue E. N. storm sewer project. The Highway Depart— ment will pay the cost of installing an 18" sewer line, but in places where a larger line is required, the City will be required to pay the difference. The Highway Depart— ment will pay all the paving costs. Doug Daniels reported that he will prepare a cost estimate and it should be ready to present at the first meeting in February. City will pay engineering costs. FINANCE Councilman Sliter had no report. 136 ANIMAL CONTROL SHELTER Councilman O'Boyle reported that the shelter took in 376 dogs, 151 cats and 15 rats in December. (All the rats were adopted) Kalispell had 67 of these animals. The Board has adopted new by-laws. Within a month, they expect to have a county animal warden. They will be screening about 20 applications, and purchasing a truck for his use. SAFETY Councilman O'Boyle moved that a memorandum from City Attorney Donahue to Mayor Happ with recommendations concerning the new fire department ladder truck be referred to the Safety Committee with power to act. Seconded by Councilman Allen. The memo stated in part that "in the invitation to bid is a provision that the City can, at its option, require the successful bidder to furnish the City with a performance bond for 100% of the contract price. I also presume that arrangements will be made through the Fire Chief to make certain that the apparatus delivered to the City fully meets the specif- ications set forth in the contract and that the schedule for inspection, testing and final payment is made in accord with the contract in accord with the best interests of the City in a contract of this magnitude." Question called. Motion carried. HEALTH Councilman Daley reported that he had attended a Flathead County Health Board meeting. They are in the process of new organization and the hiring of an administrator. PARKS Councilman Daley reported that he had attended a Flathead County Park Board meeting. Ice skating is good at Foys and Smith Lakes. Experiments on ice skating ponds at the small recreation parks within the City is proving successful. Councilman Daley reported that the park committee met and moved that the following report be adopted by the council: "The Mayor and City Council recognizes that the area south and contiguous to the ' present football and track field should be upgraded and put to best over-all use. To accomplish this we are submitting the following agreement which was unanimously approved by the Parks and Recreation Committee Friday, January 14, 1977. It is recommended that the City of 'Kalispell permit School District #5, the use of this property as per description and as shown on plat. This property may be used until there is a real need by the City for this property. That the area be used for additional athletic fields and parking areas to accomo- date public parking during athletic events. That the City Engineer and surveyor will cooperate with the School District in preparing a survey to locate road, drainage plan, parking areas and level points for rough grading. The junk materials will be removed and the present dirt piles leveled. The northwest side of the open storm drain ditch must be fenced, with the type of fence and location prescribed by the City. Cost of fence to be born by the School District, with the City installing. The School District to provide any covered drains -from the present football field to the storm drain ditch. The cost of road surface and parking lot to be borne by the School District. Also black dirt and grass seed for the area. The.City will cooperate in seeding and mowing of the general area. The City will provide a 30 foot right of way for road along the south side of ' the city.shop area. The City will cooperate with the School District for providing better traffic control between the High School and Rawson Field and parking regulations for the area. Request a south entrance to the bleachers for convenience of those parking in area south of playing field area. it Seconded by Councilman Allen. Part of the proposed activity has been dropped and more area will be used for parking. Pam Berry said residents who had been worried about extra traffic are satisfied with the proposal. Water Supt. Longpre asked what would 137 happen to the road along the north side of the drainage ditch. Councilman Daley replied that probably a road would be built the entire length of the ditch on the south side. The County committed themselves to help with the road, also with the recreation complex. Question called. Motion carried. GOLF COURSE SKIING AREA Councilman Daley moved that the council expend $2,000.00 for the purchase of a used tew rope and $1,000.00 for administrative expenses from revenue sharing funds for the development of a ski area at the Kalispell Golf Course. Seconded by Councilman ' Allen. The Golf Association has offered their area for skiing. There will be no charge to anyone. It will benefit young people who do not have transportation or funds to travel to Big Mountain. Huz Jensen, summer recreation director, will be hired on Saturdays and Sundays to supervise the course. He is also spearheading a drive for funds to assist in the development of this project. Councilman Schwartz asked that we be sure we are covered with liability insurance. Councilman Williams stated that the park budget is already 90% expended. Increasing our recreation to cover winter sports will add a continuing budget item we cannot afford. Question called. Councilman Williams voted nay. Motion carried. STREET & ALLEY On recommendation of the Street & Alley Committee, Councilman Allen moved that the council accept the bid on the street sweeper from the low bidder, Pioneer Equipment Co., Butte, for $28,081.00 with trade. Seconded by Councilman Williams. Motion carried. Councilman Allen reported a meeting on January llth with the Highway Department and Doug Daniels, to finalize plans on the 1st Avenue East & Center Street project. Several items will require action by the City. Councilman Allen moved that the council authorize the following: (1) The City must advise property owners having encroachments that the encroachments are to be removed. Where hardships occur, applications for temporary waivers may be processed. The applications are available through the Montana Highway Department. After encroachments are controlled, the City must notify the Highway Department. (2) The City must answer the Montana Eighway Departments letter of December regarding the proposed signalization plan. Appropriate comments regarding the placement of conduit at intersections on 1st Avenue. East for future traffic sigials.should be included. (3) Temporary 2—way traffic on 3rd Avenue East has been suggested as a portion of the detour signing plan. This plan would require elimination of parking on one side of 3rd Avenue East from Center to Sixth Street. The Avenue would be two—way from Center to Sixth throughout the construction period. Concurrence by the City is necessary. (4) The City may wish to.consider any improvements it may require for future development of city property between 3rd and 4th streets. Water lines, curb cuts and other items may require attention. (5) The City will remove parking meter heads prior to construction. Parking meter posts will be removed by the contractor and delivered to the city shops. The contractor will set sleeves for the parking meters in the new concrete. The City will reset the posts and meter heads 'after construction. The City should notify the JayCees to remove their flag -holding devices prior to construction. (6) The City will be required to provide materials for reconstruction of items such as curb boxes, water valve boxes, etc. where replacement is necessary. Seconded byCouncilmanWilliams. Motion carried. Regarding a request to eliminate parking meters on 1st Street West betwe6n 1st and 2nd Avenues, Councilman Allen reported that a representative of the college will present a detailed plan for parking at the February 7th meeting. 1198 Councilman Allen concluded his report by complimenting Mayor Rapp on behalf of himself and the Street & Alley Committee on the efficiency of the snow removal crews. FuRPOUNUMI Councilman Schwartz reported that there have been several meetings with the City -County Planning Board and APO Staff, progress is being made, another meeting will be held tomorrow night and after this meeting, the new zoning ordinance should be ready for adoption. The moratorium on annexation and subdivisions should be lifted by March 1st. GITMAhT ADDITION Councilman Schwartz stated that the petition to annex the Gilman Addition had been received, heard and denied before the moratorium went into effect. The petition has been reviewed and it is the recommendation of the annexation committee and City Attorney Donahue that the council cannot deny them annexation if certain requirements are met. RESOLUTION NO. 3102 Councilman Schwartz moved adoption of Resolution No. 3102 a Resolution of Intent to Annex the Gilman Addition with the following requirements: (1) Easements for utilities into the property be 'granted to the City; (2) Proper inspection of buildings and utility installations by City Building Official; (3) Land shall be divided into two separate properties with 1 - 4-plex unit on each parcel. Seconded by Councilman Williams. Objections to the annexation were heard by Pieter Drent a resident of adjacent Park View Terrace. Speaking on behalf of himself and other residents of the area, they object to 4-plex units being built adjacent to their property. They have obtained counsel and intend to fight the annexation. Bill Astle, representing Art Mulder, developer of the Gilman property, stated that they have no quarrel with the City or with Park View Terrace residents. They simply want to know whether the City wants them annexed or not. They will attempt to open up com- munications with Park View Terrace residents because it is contiguous to their property and they want to proceed with what is in the best interest for everyone. I Oren Bleken stated that he was confused. The council denied the request for annexation, yet City Attorney Donahue says the City cannot deny them annexaion. Pieter Drent stated that City Attorney Donahue says.we do not have to furnish them with sewer and water because there is a lot between the Gilman property and city limits, yet because the Park View Terrace residents are not here -to protest the council is going to go ahead with the annexation. William Wheeler stated that the sewer line goes right to a lift station at the property line and it is much more practical to serve the Gilman Addition with utilities than to serve the Grandview Drive area. Question called. Roll call vote. Councilman Williams withheld his vote. All others voted aye. Resolution of Intent to Annex Gilman Addition adopted. Councilman Williams voted aye on the above resolution. He qualified his aye vote by saying that if the Attorney for the contractor comes up with a compromise satisfactory to the developer and Park View Terrace residents he will continue to support the annexation, if not, will fight the final annexation. CITY COUNTY PLANNING BOARD Councilman Williams reported on the last meeting of the City -County Planning Board. He stated that the County has appointed a new member as a replacement on the Board and it ' should have been the City's turn for an appointment. Mayor Rapp replied that she'had been told this, but had not received a letter from the Chairman of the Board asking her to make the appointment. Discussion on whether to challenge the appointment by the County. James Thompson has been elected President of the City -County Planning Board and he believes the Board will do -well under his leadership. Councilman Williams and Councilman Schwartz urged all council members to attend the zoning meeting to be held at 7:30 P. M. in the council chambers tomorrow night and should conclude the series of meetings. 139 Mayor Happ reported two grievances by the grievance committee of the labor council. One concerns the 6 month waiting period for new employees to be covered by the group health insurance plan which is paid entirely by the City. After talking to Mayor Happ, the committee has taken this back to the Local Union for a decision. The other grievance concerned a raise in pay scale of a grader operator without negotiating with the Union. The raise was negotiated by Mayor Happ, Street Foreman Clements and Director of Public Works Knebel, at a time when the street department had to have an operator and he would not work for scale pay. ' Councilman Williams moved that the wage rate for the grader operator go back to union scale as of January 1977. Seconded by Councilman Allen. Motion carried. MISCELLANEOUS Councilman Daley moved that the request to renew the lease with the Glory Days Emporium to display an antique wagon on a portion of Depot Park be granted when conditions are met. Seconded by Councilman Granmo. Motion carried. Mayor Happ reported a letter from former councilman, Bob Olson, who now resides and works in Alaska. Mayor Happ reported that she talked to Harry Henricksen regarding the purchase of the 4 lots south of the Block building: He could not give her a fire answer as he might sell the whole complex instead of just the 4 lots. If he does sell us the lots, he would settle for payment over three years. Mayor Happ reported that there will be a joint meeting of both legislative houses at 11 A. M., Saturday, January 22nd in Helena. She urged as many of the councilmas could attend to go and support the local government code. The gambling commission will meet in the office of Mayor Happ at 19 A. M., Wednesday to consider two gambling petitions. ' Mayor Happ read a letter from Flathead Land Consultants requesting permission to lease or buy a portion of the airport land to build a profeesional building. Councilman Daley will meet with the Airport Board regarding their lease and other problems such as complaints that planes are violating air rules in their take off's and landings. Councilman Grano,asked that the Sewer & Water committee meet_ at 6:45 P. M., Tuesday evening in the council chambers. He will be out of town for 2 weeks beginning Wednesday and would like to have the committee award the bid for chlorine and the bid for con— struction of the Seventh Avenue Storm Sewer project before leaving. At the request of Finance Director Nystul, Councilman Sliter moved to charge salary for 3 months for a shop mechanic to the antirecession fiscal assistance fund. Seconded by Councilman Men. Motion carried. Councilman Sliter moved to amend the policy of the City of Kalispell regarding auto, insurance policies of employees who are reimbursed for the use of their automobiles, by deleting the requirement that the City be an additional named insured but requir— ing that the City be furnished a certificate of insurance. Seconded by Councilman Schwartz. Motion carried. Charles J. Clark dba Chucks Plumbing & Heating Plumber Bond ' George L. Thompson Master Plumber Continuation Certificate Larry York Master Plumber Continuation Certificate Scripps—Hagadone Newspapers, Inc., Inter Lake Division Official Newspaper Bond Councilman Allen moved that license and permit bonds as reviewed by City Attorney Donahue be approved. 'Seconded by Councilman Daley. Motion carried. Mayor Happ, City Attorney Donahue and Finance Director Nystul reported on a trip to Helena where they attended a meeting with P. E. R. S. regarding police pension retire— ment problems. They also visited the Fish and Game Department and learned that we 1_40 will be receiving a BOR grant. They stopped at the office of Rep. Baucus concerning the application for the $300,000.00 HUD grant. They also made a stop at the Public Service Commission regarding a recent complaint and will be getting a written opinion. Councilman Schwartz moved adjournme Seco ed by Councilman O'Boyle. Carried. Minutes app ed s presented bruary 7, 19 , Norma E. Happ, May ' ATTEST: Ci 7