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03/07/77 City Council Minutes149 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, MARCH 7, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved approval of the minutes of the regular meeting of February 21, 1977 as presented. Seconded by Councilman Williams. Motion carried. ADDRESS THE COUNCIL Attorney Cal Robinson, representing Outlaw, Inc., stated that they are reopening their petition to abandon a portion of the street at The Outlaw Inn which runs through the parking lot causing a hazard. Attorney Robinson introduced Dick Taylor, Taylor and Thon, Architects, who presented a sketch of The Outlaw Inn, their parking and the proposed change of the street. The area will be landscaped for beauty and eliminate the hazardous condition of patrons crossing the street to the parking area. Councilman Schwartz moved to refer the request to the Street and Alley committee with power to set a date for a public hearing. Seconded by Councilman Williams. Motion carried. OPEN BIDS - S.I.D. #324 FIRM LICENSE NO. SECURITY BID Sandon Construction Co. 3150A Bid Bond $72,115.76 Councilman Daley moved the single bid be referred to the City Development committee. with power to act. Seconded by Councilman Allen. Motion carried. PUBLIC HEARING - Gilman Addition #67 Attorney William Astle, representing Art Mulder, contract purchaser of Gilman Addition, presented an amended annexation plat as required by the resolution of intention to annex, namely easements and access for city services; proper inspection by the city building official. The land is divided into 2 parcels with 1 4-plex on each. They are ready to pay a sum of money in lieu of park land. Mayor Happ asked for public input either for or against the annexation. Pieter Drent, resident of Park View Terrace, adjoining area, stated that Park View Terrace was developed and sold as single resident neighborhood. Using APO standards, this annex- ation will worsen a bad traffic situation. the 2 4-plexes will add another 70 autow mobile trips in and out per day. The proposed access road will be just 72' from another private road, and as you enter Farview Driver there is no visibility. The already has 9 4-plexes and Mr. Drent and other residents feel very strongly that it has already gone too.far without adding more. They are not against 4-plexes, but the area has not been developed for them. There isnoarea set aside for playgrounds, making the entire area hazardous for children. Property has already dropped in value because of the present 4-plexes. He asked the council for an explanation of why they have done a complete about-face on their decision to reject the petition for annexation. Councilman Williams concurred that valuation of property has dropped. There is a possibility of 1500 to 2500 vehicular traffic without roads to accomodate and if the public interest of the residents in the area not served, we should not follow through. Councilman Schwartz stated that there is no criteria one way or the other where we can refuse the annexation if all requirements are met. We can declare a moratorium on 4-plexes. Housing is quite critical. By 1980 the single family unit will cost $78,000 and by the year 2000, the cost will be $100,000. This is the average through the U. S. Young people will not be able to afford a single family dwelling. Multiple dwell is coming whether we like it or not. Councilman Schwartz moved to accept the Gilman Addition. Seconded by Councilman Daley. Councilman Schwartz, Allen, Daley, Sliter, Granmo and O'Boyle voted yes. Councilmen Grainger and Williams voted no. Motion carried. Councilman Schwartz moved that no further 4-plexes be built in that particular area until the City Council, APO Staff, Residents and Owners come up with a conclusion on what is best for people. Seconded by Councilman Daley. Councilmen Granmo and Grainger voted no. Motion carried. 150 Councilman Daley requested Mayor Happ to call a meeting of the City Council and Steve Petrini, APO Director, before next meeting so that adoption of the new zoning code can be expedited. Mayor Happ will try to set up a meeting for next Monday evening. TRIPPET APPEAL Mr. Ed Trippet addressed the council concerning a variance for a building that is being erected by himself and Mr. John Graves, at the corner of 1st Ave. East and 5th Street. The lot had been inspected by Building Official Jackson and Surveyor Pauli before build- ing began. Stakes were placed for a 2' setback on the lot by a former owner of the property. Everything seemed proper and Building Official Jackson assumed that the base of the building would be set in from the stakes so that -there would be no encroachment. A building permit was issued November 15, 1976. After the foundation was poured and the iron framework erected, it was noticed that the foundation was right on the prop- erty line and the eaves encroached on city property. It was then noted that the stakes were in violation by 21. Construction was stopped and an appeal made to the Board of Adjustment for a variance. By a vote of 3 to 2 the variance was denied. Mr. Trippet asked that the Council consider his appeal and allow him to continue the building as started. Cost of revising the building to meet regulations would be $5,000. Councilman Daley moved that the ruling of the BOA be overtumdd and the variance granted. Seconded by Councilman Grainger. Motion carried. COMMITTEE REPORTS WLIUKIN01010W Councilman Williams reported that councilmen and department heads have reviewed the proposed resolution on Employment Policies, Rules and Regulations. The employment com- mittee will be meeting with the council as a committee of the whole next Monday to make any revisions necessary. k1kIQI044A."i ashl Councilman Schwartz stated he would hold a request for annexation in abeyance. Councilman Schwartz requested that notice of all committee and special meetings be posted on each of the bulletin boards at the water department because of the 'open meeting' law. Councilman Schwartz stated that the annexation committee is extending the moratorium on annexations and subdivisions another two weeks. STREET & ALLEY ON -GOING TRAFFIC COMMITTEE Councilman Allen reported that the On -Going Traffic Committee met the first Tuesday of the month. The State is asking the City to send a letter stating their priorities in order, with the E. N. Storm Drain as No 1 priority next to 1st Ave East and Center Street and traffic signals. The On -Going Traffic Committee also discussed the parking problem at the High School. The State needs a letter from the City on urban silting priorities, requesting urban signing on all city streets. Councilman Allen moved that sidewalks and curbs be ordered inwherenecessary on both sides of 2nd-Ave. West between Center Street and 4th Street West; upright curb on both sides of West Center Street between let Avenue West and 5th Avenue West; and 6th Ave- ' nue West between 2nd Street and 4th Street West, Seconded by Councilman Schwartz. Motion carried. Councilman Allen moved that City Engineer gnebel be authorized to call for bids for road oil and crushed gravel. Seconded by Councilman Williams. Motion carried. GAMBLING Councilman Daley reported that the gambling committee has granted a dealers license to Sall&r Marie McIlhargey. 151. CITY AIRPORT LEASE Councilman Daley moved that an attachment be added to the airport lease removing fire insurance from the old hanger building and that airport insurance be paid from the Airport Fund. Seconded by Councilman Allen. Motion carried. FLATHEAD VALLEY ART ASSOCIATION Councilman Daley moved that the Flathead Valley Art Association lease be approved. The condition of the boiler has been inspected by Lyford Plumbing & Heating and will last a few more years. Seconded by Councilman_ Sliter. Motion carried. ORDINANCE #868 Councilman Daley moved enactment of Ordinance #868 an ordinance amending Kalispell City Code, Section 1 (24-5) to provide curb line, tree line information. Seconded by Councilman Allen. Roll call vote. All voted aye. UTTW-W7,6i Councilman O'Boyle moved that permission be granted to Police Chief McDowell to appoint Acting Sergeant Steven E. Klingler to the rank of Sergeant, with a one year probation- ary period. Seconded by Councilman Grainger. Motion carried. Councilman O'Boyle moved that permission be granted to Police Chief McDowell to appoint Senior Patrolman, Ronald G. Fredenberg, to the rank of Sergeant, with a one year probationary period. Seconded by Councilman Grainger. Motion carried. PUBLIC SAFETY COMMUNICATIONS SCHOOL Councilman Daley moved that permission be granted to Police Chief McDowell to author- ize Asst. Police Chief Don Hellman and Chief Dispatcher Pat Ramsey to attend Public Safety Communications School in Salt Lake City on March 14th through 18th. A11 expense will be paid by the Western Regional Conference Association of Public Safety Com- munication Officers. Seconded by Councilman Grainger. Motion carried. TRAFFIC STUDY TEAM Councilman O'Boyle read a copy of the letter he sent to Supt..Hayden, Flathead High School, telling him of the appointments by Mayor Happ and offering to serve the study team to find a solution to the traffic problems at and near the High School. FINANCE Councilman Sliter reported that the Finance Committee has reviewed city claims for February and moved that they be paid. Seconded by Councilman Allen. Motion carried. Councilman Sliter rmkinded council members that they will be enacting an ordinance for elected officials salaries at the next meeting and to review the proposal made at an earlier meeting. SEWER & WATER Councilman Granmo reported on a request from Mr. Primrose for water service outside the city limits in the GreenAcres NW Subdivision. It is also outside the GreenAcres Water District. The water line ends at his lot and the 2" line reduces to a All line with very little pressure for the last user. Mr. Primrose has agreed to waive his right to annex. The request will be held in committee for study. Councilman Granmo reported on a request for water from Patti Mandl in the southwest section of the City outside city limits. One house is presently being served by city water and she would like to build another house and would like service there.. She is willing to waive the right to annex. The request will be held in committee for study. Councilman Granmo moved to refer a proposed contract for engineering service from Thomas, Dean & Hoskin, Engineers, for a water rate study to the Sewer & Water Com- mittee for review. The study will cost $9,000 and an additional $3,000 if necessary to go to the Public Service Commission. All council members will be invited to the committee meeting. Seconded by Councilman Allen. Motion carried. Councilman Granmo reported that the 3rd Avenue E. N. Storm Sewer Project is awaiting word from the State as to how much State and Federal funds will be used and what part will be City participation. Councilman Granmo stated that if the project goes it will take two years' gas tax money to fund the City portion. We should not let the contract until we are sure of the amount of City participation. Councilman Granmo 152 will be meeting with the Highway Department in Helena on March llth for details. Councilman Granmo has received the report of the geologist and moved the new water well site be at the reservoir site on Buffalo Hill, and that -City -Clerk Beardslee be_ authorized_to'call for construction bids. Seconded by Councilman Sliter. Carried. CITY DEVELOPMENT Councilman Grainger announced that the City Development Committee will meet at-11 A.M. tomorrow to award the construction bid for S.I.D. #324. Councilman Grainger reported that insurance on employees driving their own vehicles on city business will be required to carry 100, 300 and 50_thousand dollars limits and insurance carriers shall submit certificates of insurance to Finance Director Nystul. MISCELLANEOUS Mayor Happ extended her sympathy on behalf of the City Council to Al Miron on the death of his wife. Al Miron served the City well as councilman for many years. Mayor Happ reported that she has written to the State Highway Department stating that the City will abaondon the fire alarm system. A letter has been written to the Flathead County Commissioners agreeing to help Flathead County with reconstruction of Appleway Road and South Woodland Drive, Mayor Happ has written to Jim De Long, Flathead County Shelter Master, releasing him from liability in case city -money is burglarized. Mayor Happ read a letter from Allen Rosenberg, Director of the Civic Theater, urging the counciltopromote enthusiasm for the drama program and play being presented by FVCC. Mayor Happ reported a letter concerning the application for a HUD grant. The letter stated that our community did not rank high enough to receive a grant. Mayor Happ added that she will keep trying. This money is needed to finish the 7th Avenue West storm sewer project. Mayer Happ announced that there will be a Flathead Water Quality Workshop from 8 A.M. to 5 P.M. on March 18, 1977 at The Outlaw Inn. There will be a special meeting of the council at 5:15 P. M. Friday, in the water office to open bids for a used ambulance. Mayor Happ read a letter from the City County Planning Board. They wish to be inform- ed as to the councils request for removing 4-plexes from Rl Zone. Councilman Schwartz moved that it be denied. Seconded by Councilman Daley. Motion defeated. Councilman Schwartz moved a date be set for a public hearing to consider deleting_ 4-plexes from Rd zoning. Seconded by Councilman Williams. The date of the hearing will be April 18th and notice published twice. Question called. Motion carried. License & Permit Bonds Bobby G. Brown Bobby G. Brown James L. Petesch Plumber Gas Contractor Electrician Continuation Certificate John Miller & Harry W. Hansen dba TreasureStateElectric Electrician Continuation Certificate Councilman Allen moved acceptance of license and permit bonds as reviewed by City Attorney Donahue. Seconded by Councilman Williams. Motion carried. 153 Councilman Williams asked that anyone - individuals or service clubs - interested in helping to clean and beautify Demersville Cemetery, contact him. There being no further busi.nessp Mayor Happ adjourned the meeting. Minutes awed as presented March 21) s _ t i c 1977. Norma E. TT-- Vyor