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07/05/77 City Council Minutes205 THE REGULAR COUNCIL MEETING MET AT 7:30 P. M., TUESDAY, JCLY 5, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the June 20th regular council meeting be approved as presented. Seconded by Councilman Bleken. Motion carried. PUBLIC HEARING - Buffalo Hill Apartments and Commercial Tim Greaten, Developer, asked that the property be annexed with the conditions and ' recommendations of the City County Planning Board. Councilman Daley stated that Park Supt. Drent and the park committee would like to see approximately 2 lots dedicated as park land rather than cash in lieu. The width of streets was discussed. They plan no curbs on the streets for better drainage. Mayor Happ suggested a road on the east side with 30' donated from Mr. Greaten and 30' from the Hospital, making a 60' road. They are trying for a natural drainage to the east and north away from downtown. The area will develop into 110- 120 dwelling units. Mayor Happ called 3 times for opponents to the annexation and subdivision. Councilman Griffin stated he would like to go through the covenants and delete ,some of them. Councilman Griffin is concerned about a big commercial area being developed. He believes it should develop only to serve hospital visitors, such as light rec- reation, food service, etc. Once the developer is given a letter of approval to develop a commercial area, you cannot change the conditions. Doug Daniels, Thomas, Dean & Hoskins, Engineers, spoke not as an opponent to the annexation, but only as a concerned person of traffic problems in a semi -commercial area. Bill Wheeler, 15 3rd. Ave. East, stated that there is no one around now to object, but later there will be complaints because of traffic, drainage, no schools, etc. Councilman Griffin felt that he would like to have an annexation committee meeting for further discussion and perhaps have a special council meeting to take action. Councilman Griffin moved that the council adopt 7 days from now the Buffalo Hill Apartment and Commercial Addition #84 as an annexation to the City of Kalispell with R5 zone and limited covenants at a special meeting of the council. Seconded by Councilman Daley. Councilmen Grainger and Allen voted nay. Motion carried. Discussion was 2 hours in length. ORDINANCE #878 Councilman Allen moved enactment of Ordinance #878 an ordinance to amend Sec. 24-19 on construction of Sidewalk and Curb by adding provisions of the Standard Design,£or Public Improvements. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Granmo moved that the council accept the 7th Avenue West Project as completed except for installing 5 curb inlets, retain 2yo of the contract and return deposit check to contractor. Seconded by Councilman Allen. Motion carried. Councilman Granmo moved that the council accept the Test Well Contract as completed in accordance with the contract plans and specifications and make final payment. Seconded by Councilman Allen. Motion carried. RESOLUTION #3126 Councilman Allen moved that Mayor Happ be authorized to sign agreement with the Department of Highways for Project #m 67140), First Avenue East, First Avenue West & Center Street in Kalispell. Seconded by Councilman Daley. .Roll call vote. All voted aye. Mayor Happ read the following letter from Doug Daniels, Res. Eng. for Thomas, Dean & Hoskins: Dear Mayor Happ: As requested, a field inspection was made on the streets and curbs in the Ports Villa area. The curbs and streets have been completed in accordance with the agreement between the developer and the City. We suggest that backfill be placed behind the -906 curbs to minimize the possibility of erosion and settlement. The developer should be notified of this situation and requested to correct it. Acceptance is recommended when this item is complete, subject to provisions in the City Code for unsatisfactory work (Section 24-25). Councilman Allen moved that Mayor Happ write a letter to the developers to place back - fill behind the curbs. Seconded by Councilman O'Boyle. Motion carried. Mayor Happ announced that the grant application for storm sewer and city hall EDA funds should be ready for final signatures day after tomorrow. CONIMITTE'E REPORTS FINANCE Councilman Williams reported that the finance committee has reviewed the claims for June and moved that they be paid. Seconded by Councilman Bleken. Motion carried. ANNEXATION COMMITTEE Councilman Griffin had no report. STREET & ALLEY Founcilman Allen had no report. RECREATION Councilman Daley reported there will be a school for water safety for boating next week. SAFETY Councilman O'Boyle had no report. Councilman Bleken reported her committee is working on a dog ordinance and would like to discuss it at the committee meeting of the council on Friday noon. SEWER & WATER Councilman Granmo reported that the Selection Committee for an Engineering Firm will be meeting at the office of Jordahl, Sliter & Bragg at 3 P. M. Thursday, and hopefully they will make their selection. City Attorney Donahue reported that Councilman Granmo, Asst. Water Supt. Giesey and he were in Helena last week for the PSC hearing, Chas. Primrose vs City of Kalispell. This is regarding a request denied by the city council for extending water service outside city limits on 8th Avenue East. We will just await the decision of the PSC. It will be a great expense to the City if water service is ordered to this property. Councilman Granmo moved that the city engineer develop a water service boundary for the municipal area of Kalispell. Seconded by Councilman Daley. Motion carried. COMMUNITY DEVELOPMENT Councilman Grainger had no report. MISCELLANEOUS Governor Judge will be in town Tuesday, July 12th. Mayor Rapp, members of the council and the county commissioners will have lunch with him at the Outlaw Ipn. '�- Tuesday evening he will conduct a forum at the community Tuom o£ the Conrad National Bank. Theme is 'Bringing Government to the People'. The Gambling Committee will be meeting tomorrow at 7:30 P. M. - Montana Tour and Travel Councilman Allen moved that a request from Jerry W. Olson to encroach 14" on the city sidewalk at 29 2nd. St. East for window boxes for a new store front be denied. Seconded by Councilman O'Boyle. Motion carried. r Street Foreman Clements reported his crews have finished windening South Woodland Drive 20 7 and are ready to start on Appleway Drive. Councilman Daley moved that a request to advertise for bids for sand for bunkers and Bentonite for water hazards for the golf course projetbt from BOR funds be allowed. Seconded by Councilman Williams. Motion carried. City Attorney Donahue reported he received an opinion from the Montana Attorney General concerning the method of calculation of the land, or cash in lieu thereof, to be dedicated for parks and playgrounds within subdivision. The question was: Do the words "exclusive of all other dedications" in Section 11-3864(1), RCM 1947, include the land actually dedicated for a park in a subdivision or does the term apply only to the lands dedicated for streets or some other public purpose? The opinion reads: The phrase "exclusive of all other dedications" in Section 11-3864(1), RCM 1947, includes only dedications for purposes other than public parks and playgrounds. A copy of the opimn has been sent to Steve Petrini, APO; Walt Griffin, Annexation Chun.; and Manny Haiges, Flathead Land Consultants. City Attorney Donahue reported that he has written an agreement with Neptune Microfloc on construction of a short term aeriation at the wastewater treatment plant for more efficient operation. The City will bid and award the contract. Neptune will pick up the difference in present cost and 1973 cost. EPA will pay 75°yo of the cost and City will pay $8,000.00 or 25% of the contract, whichever is less. Neptune will pay interest on the registered warrants. Councilman Allen moved that Mayor Happ sign the agreement with Neptune Microfloc. Seconded by Councilman Grainger. Motion carried. Liquor Licenses: Councilman Daley moved and Councilman Bleken seconded approval of the following liquor applications after review by City Attorney Donahue: 18 Liquor & Beer Applications 5 Beer & Bar Wine Applications 10 Off Premise Beer Applications Motion carried. Mayor Rapp made the following appointments: George Beardelee, City Clerk. Councilman Daley moved council approval of the appointment. Seconded by Councilman Williams. Motion carried. Norman L. Peters, Fire Chief. Councilman Williams moved council approval of the appoint- ment. Seconded by Councilman O'Boyle. Motion carried. LeRoy E. McDowell, Police Chief. Councilman Granmo moved approval of the appointment. Seconded by Councilman Daley. Motion carried. City Attorney Donahue. Councilman Granmo moved council approval of the appointment. Seconded by Councilman Grainger. Councilman Griffin voted no. Motion carried.