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08/25/77 City Council Minutes` 20 THE REGULAR MEETING OF THE CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, AUGUST 15, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. 'COUNCILMEN WILLIAMS AND GRAINGER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of July 25th be approved as presented. Seconded by Councilman Allen. Motion carried. Councilman O'Boyle moved that the minutes of the regular meeting of August 3rd be approved as corrected. Seconded by Councilman Allen. Motion carried. OFFICIALS REPORTS , City Clerk and City Treasurer for June 1977. City Engineer, Police Chief and City Judge for July 1977. Fire Chief for 2nd quarter of 1977. Councilman Daley moved to accept city officials reports. Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Richard Meyers, representing Winona Hegel, asked the council to approve a variance of Ordinance #877 which requires no more than 1 residence on 1 lot. Mrs. Hegel is a widow and she would like to remodel a building which was formerly a leather shop into a home for herself. She can then rent her home to assist with her financial income. (building Official Shoemaker has inspected the lot which is in Tract-F5, at 2nd. Ave. East and 13th St. The lot is 18,700 sq. ft. which is much larger than a regular city lot. Building Official Shoemaker recommended that the council grant the variance. He stated he would rather see it remodeled and occupied than existing as it does as a , safety problem with children and a fire hazard. Councilman Granmo moved that the council allow the second house on this lot if the Board of Adjustment will allow the building square footage variance. Seconded by Councilman Allen. Motion carried. Mr. Meyers was then advised as to the procedure for obtaining a variance from the BOA. Mr. H. B. Belew, 1802 5th Avenue East, asked the City to clean some ditches in his area, because the water runs into his basement. Mayor Happ advised Mr. Belew that the situation would be looked at tomorrow. Bob Cartwright, Flathead County Fair Manager, asked permission to park cars during the Fair on county owned property north of 7th Ave. W. N. (Slama Addition) which is an RI zone that would prohibit the area being used as a parking lot. Mr. Cartwright stated that the remainder of the year, the area would be used as a park and play- ground and is being developed at the present time for that purpose. Mayor happ has denied its use as a parking area during the Fair because its intended use does not fit an R1 zone. Councilman Granmo asked if property owners in the area have been polled who might object because of a dust problem. He was told that the grass will control any dust problem and no area residents have voiced an objection. Councilman Allen asked if he was sure there would be no overnight camping. The ' City Police will patrol the area for violators. Councilman Griffin stated that he has had calls from people who say they like what Flathead County is doing with the area in developing a park and playground. He commended Mr. Cartwright for the fence that has been constructed in the area. Councilman Allen moved that the Fair Board be allowed to use this area for parking from August 17th through the 21st. Seconded by Councilman Griffin. Motion carried. John O"Mailia, representing Citizens Against Pornography, thznked Mayor Happ for denying license to operate movies in the Adult Book Shop on Idaho Street. Mayor Happ submitted the following report: 221 'For your information, on August 4, 1977, I denied movie theater licenses to the adult bookstore located at West Idaho As required by City Ordinance 15-4, I am explaining to the City Council at our regular meeting 8-15-77 my -reasons for denying the movielicenseto this shop. Stated in this ordinance, I can deny a license if in my judgement the issuance would be liable to provoke a breach of the peace or be detrimental to public safety, health or welfare of the city. On July 22, 1977, a similar adult bookstore located at 130 Second Street West with such move equipment was fire bombed. This fire placed a half a block in jeopardy. From the newspaper publicity and letters to the editor in The Daily Inter Lake, it appears obvious this fire bombing was a public protest against the operation of this establishment. In addition, I personally have received anonymous telephone threats because of the existence in Kalispell of the adult stores. I feel that since the movie theater operation of the adult bookstore is an integral part of their business, further violence would be promoted and citizen unrest would cause a braaeh,of the peace. I ask your ratification of my action.' Councilman Daley moved that the council approve Mayor Happ's denial to license the Adult Bookstore on Idaho Street to show movies.Seconded by Councilman O'Boyle: Motion carried. Elsie Rohrer, 730 loth Ave. West, stated that she was in favor of the new animal ord- inance coming up for discussion. She presented a photo of dog excrement that she had picked up in her yard. She stated that she has been bitten 3 times by dogs as she has taken walks. Cuuiu�wuu�i�i: ANNEXATION - Councilman Griffin reported that there will be an annexation committee meeting at 7:30 P. M. in the council chambers to discuss the Bertschi and Hendrickson annexations before they come to.public hearing on September 6th. Mayor Rapp read a letter stating that there is a meeting Wednesday in Helena on zoning which Councilman Griffin may wish to attend and this may change the annexation com- mittee meeting. STREET & ALLEY Councilman Allen reported that bids on the 1st Avenue East and Center Street Project were opened in Great Falls on August llth. The bid was awarded to Pack & Company of Kalispell. Work is expected to start this fall, but may be only utility relocation this year. Councilman Daley had no report. Councilman Daley requested that the ragged flag across Main Street advertising the Art Festival be removed. WITTD-fli7 Councilman O'Boyle had no report. Fire Chief Peters reported that the new fire chassis is completed and is now at the aerial factory. 2 Q 2­1 SEWER & WATER Councilman Granmo reported that the case of Primrose vs City of Kalispell, heard by the PSC,,hae been ruled in favor of Mr. Primrose. The City must -give him water service on 8th Avenue East outside the city limits from a 11' line. This decision will have an effect on the policy which will be set by the council on requests for water and sewer service outside the city limits. This policy will be set by the council, hopefully before the end of the year. Councilman Granmo reported on the request from Mr. Stan Pine, Developer in Park View Terrace, for water and sewer service. Councilman Granmo moved that the City provide sewer and water service to Mr. Pine. ' Seconded by Councilman Daley. There are no sewer or water lines adjacent to the property. The water line dead ends on Hawthorne Street. Sewer lines run parallel to the property. Mr. Pine would consider one or both. He has not decided whether or not to annex as Rl-zone because he had intended to build multi -family dwellings and they are not allowed. They have started no building as yet. Councilman Granmo stated that -if we allow Mr. Pine.these services, it will be contrary to the policy they will probably adopt. Question called. Councilman Granmo and Daley voted aye.. Councilman Griffin, O'Boyle and Allen voted no. Motion defeated. City Attorney Donahue. advised Mr. Pine that he could annex as R1 zone and then go to the Board of Adjustment and ask for a variance to build multi -family dwellings. He would have to abide by their decision. Mr. 'Pine stated that he might annex as R1,. build single family dwellings and then build multi -family dwellings in the remainder of the property. WELL PROGRESS The contract documents for the new water well are in the hands of the contractor. When they are signed by all parties concerned, the City will authorize the contractor to proceed. REPOWT ON PUBLIC HEARING - 3rd. Ave. E."N. v THOMAS, DEAN & I-10MINS INC. ENGINEERING CONSULTANTS 3 Sunset Plaza • Kalispell. Montana 59901 • 755-5246 • Area Code 406 -NGINEERING STUDIES rrSIGN - SuRVEYs H-(TOM) THOMAS - , der11 .TAMES A. CUMMINGS -'.E Ca President WAYNE W. DEAN cretary-Treasurer 1. DAVID HECKLER '.I1.ef Sandary Engineer OSEPH R. SCHLECHTEN -Thief Structural Engineer Mr. Lauren Granmo, Chairman Water & Sewer Committee City of Kalispell City Hall Kalispell, Montana 59901 Douglas E. Daniels, Area Engineer August 15, 1977 Re: Third Avenue East North i As scheduled, a Public Informational Meeting was conducted oin " the subject project on August 11. The turnout was light, but some important input was gathered on the project. A summary of the items discussed is as follows: .1. Residents of the Seventh Avenue East North and Oregon Street area strongly supported the extension of the project from Seventh Avenue East North and Washington Street to Seventh Avenue East North and Oregon Street. 2. Representatives of the Montana Highway Department noted that approval of including reconstruction of First Avenue East from north of the railroad tracks to Idaho Street has been made by the Highway Commission. As soon as FHWA concurs in the approval, this reconstruction will be added to the project. 3. One resident supported the removal of boulevard trees in areas where street widening will require removal. Other residents expressed concern that removal will be required, but there was no strong opposition to removal. 4. There was no opposition to discharge of stormwater to the outfall ditch from Woodland Park. There was some concern expressed for protection of upstream residential properties and the Woodland Park lagoons. This item is to be reviewed in more detail during design of the project. Provision for a stilling/sedimentation basin at the outlet was also discussed. 0Tn if Yai`.-I 5. The question was asked why the project did not extend fur- ther north on Seventh Avenue East North. The answer was that the storm drain which terminates at Oregon Street adequately serves the drainage basin and street reconstruction is being done only over areas where storm drains are being placed. It was also noted that Seventh Avenue East North, north of Oregon Street, is in a relatively good state of repair. 6. It was noted that design requirements on the streets to be reconstructed would require revision to some off-street parking lots and to some road approaches to businesses. Several residential prop- erties on First Avenue East will experience loss of use of right-of- way that is now used as lawn. 7. It was noted that sidewalks will be replaced only at inter- sections to provide for wheelchair ramps, and in areas where recon- struction requires removal of existing sidewalks. In other areas, sidewalk construction will be the obligation of the property owner as directed by the City. At the conclusion of the meeting, Mr. Keithley suggested that an additional Public Informational Meeting may be held later. As soon as we receive the approval on the additional reconstruc- tion of First Avenue East, we will be submitting a new schedule for development of plans. We were about one month late on being authorized to proceed and have experienced delays due to changes in the scope of the project, etc. We would like to formally update the project sched- ule to allow adequate time for design of the additional portions of the project and to reflect delays experienced in development of plans for the project. Very truly yours, , DEAN & HOSKINS, INC. E. Daniels DED:sk `?`)J Councilman Granmo reported that he and Supt. Longpre attended a meeting conducted by the League of Cities & Towns concerning solid waste Natter. Kalispell has no problem concerning solid waste matter. Dave Stahly, Stably Engineering & Associates, reported that he met with the Engineer- ing Selection Committee to discuss the 201 Grant for a wastewater treatment facility for Kalispell and surrounding areas. The area extends 2 miles west, 2 miles north, Airport Road, to the Flathead River on Highway#2 and across the river to include 2 subdivisions, east to Ashley Creek and south as far as Somers. It was decided that the City should submit the application for Step 1, the study of this area, because they have a discharge permit. 75% will be funded by EPA and the remaining 25% will be funded by the County and City on a pro-rata basis to be determined by the engineers. The grant would be $95,000. City and County portion would be $23,750. We must first have the 201 study before we are eligible for any EPA grants. Councilman Granmo stated that our Sewer Hook -Up money would be eligible to pay our share. The County should pay the most. An Inter -Local Agreement with the County will determine responsibilities. RESOLUTION #3140 Councilman Granmo moved adoption of Resolution #3140 a resolution designating Mayor Happ and hereby authorizing her to sign all appropriate forms pertaining to Grant Applications by the City of Kalispell, Montana for the Wastewater Management Facilities Plan, EPA 201-Step 1 Grant. Seconded by Councilman Allen. Roll call vote. All voted aye. Councilman Granmo moved that Mayor Happ be authorized to sign an engineering contract with Stahly &'Associates -Wright McLaughlin subject to review by City Attorney Donahue. Seconded by Councilman Daley. Motion carried. Mayor Happ read a letter from Neptune-Microfloc concerning the city's share of construction of aeriation basin. Councilman Daley moved that the Sewer & Water Committee, Mayor Happ and City Attorney Donahue get the best deal possible. Seconded by Councilman Allen. Motion carried. ORDINANCE #87� Councilman Griffin moved enactment of Ordinance #876 an Ordinance to revise the ordinances concerning animals. Seconded by Councilman O'Boyle. Roll call vote. Councilman Granmo voted no. All others voted aye. Ordinance enacted. Mayor Happ.reported that she has two applications for the seat for council from Ward 2. They are Bill Wheeler and Bill Bergstrom. Mayor Happ reported that AFSCME Union has accepted the councils' offer of $45.00 per month increase in pay plus increase in health insurance premium and increment. This leaves only the police department who have not accepted the wage offer. Persons or councilmen interested in Flathead Drainage 208 are invited to attend the next meeting which will be at 7:30 P. M., August 24th at the Conrad National Bank. Mayor Happ reported that Jerry Olson, Montana Tour and Travel, has presented the City with a bill for the building and tearing down of his encroachment on city sidewalk, in the amount of $830.00. The request for the encroachment has been considered and rejected twice by the council. Following is the reply from City Attorney Donahue: James D. Moore ' Moore, Lympus & Doran Attorneys at Law P. O. Box 1198 Kalispell, Montana 59901 Re: Jerry Olson, Montana Tour & Travel Claim Dear Mr. Moore: Your letter of August 4, 1977 to Mayor Happ concerning the claim of your client against the City for the sum of $830.00 has been referred to me for reply. I have been instructed to advise you that this claims is rejected. The rejection is based upon the provisions of the Kalispell City Code (Section 24-6). prohibiting obstructions on streets and side- walks within the City. Reference to the Uniform Building Code, Chapter 45, clearly restricts the obstructions on the city side- walks as installed by your client as the basis of his claim. Mayor Happ advises she informed your client before the construction began that such an obstruction was not permitted. Apparently your client received oral permission from Mr. Ralph Jackson who was then the City Building Inspector. It should be apparent from the above referenced city ordinance and Uniform Building Code provision that Mr. Jackson had no power to grant your client permission to install an obstruction on the city sidewalk. Any action taken by your client to his financial detriment without an authorization by the governing body of the city, to -wit, the City Council, is clearing not an enforceable claim against the city. Montana law clearly provides that a city is not liable for an act of any city official beyond his authority. Very truly yours, NORBERT F. DONAHUE City Attorney NFD:fo cc: Mayor, Norma E. Happ Mayor Happ read a letter from the Insurance Services Office of Montana, stating that they have completed the fire insurance grading of the City. The results of the grad- ing are Class 5 compared to Class 6 which was previously recommended. This should - result in 9 to 11% reduction in insurance policies within the City. RESOLUTION #3141 Councilman Daley moved adoption of Resolution #3141 a resolution authorizing the transfer of funds within the budget for salaries and material and supplies for fiscal year 1976-77. Seconded by Councilman Allen. Roll call vote. All voted aye. RESOLUTION #3142 Councilman Granmo moved adoption of Resolution #3142 a resolution authorizing the assessment of storm sewer rates for 1977-78 as per Ordinance #862. Seconded by Councilman Allen. Roll call vote. All voted aye. City Attorney Donahue commented on EB 122 which was not passed at the legislative session. It concerned more control by local governments. Attorney Donahue stated that with the impact of Citizens Against Pornography, this should prove that citizens would like more local government control and would hope that these same people would let it be known at the next session of the legislature. Councilman O'Boyle moved to adjourn at 10:10 P. M. Minutes approved as presented on September 6, 1977. Norma E. Rapp, Ma or ATTEST: // [/Ih A.iLh i♦ KL: off. � � ��..�^.� Marjo a Giermann, Dep. City Clerk