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09/19/77 City Council Minutes2i1. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, SEPTEMBER 19, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN GRAINGER ABSENT. ALL OTHER COUNCILMENV WERE PRESENT. CITY OFFICIALS REPORTS City Clerk and City Treasurer for July 1977. City Engineer, Police Chief and City Judge for August 1977. Councilman Daley moved to accept the city officials reports. Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Jack King, President valley Bank, addressed the council concerning the hiring of a firm to locate public funds for financing a city parking facility. Mr. King explained that the Valley Bank and First Federal Savings & Loan will be building new drive-in banking services and this will take a big share of the off-street parking now available to downtown shoppers. The City would have to come up with a $15,000 retainer fee and make a list of most wanted projects. There are about 1400 agencies in the United States with available public funds. This firm would proceed to find funds from agencies for a project or projects. The firm has called on 14 cities in Montana and will take only the first 5 who request their services. Councilman Allen said he felt that we do need to employ such a firm, but as our revenue sharing funds are already committed the fee may be impossible to find. Mayor Happ appointed the City Development Chairman and his committee to meet with representatives of the bank and see if anything can be worked out by the next regular meeting. Thor Jackola, 1120 Sunnyside Dr., asked for council permission to move a house from Airport Road to 1009 8th Ave. West. Bldg. Official Shoemaker stated that he has looked at the house and has no objection to it being moved to this location. Councilman Daley moved that the annexation committee investigate and bring a recom- mendation to the next regular meeting. Seconded by Councilman Allen. Councilman Granmo voted no. Motion carried. Harrison Belew, 1802 5th Ave. East, asked again when the street crew was going to clean the ditches at his residence. Mayor Happ informed him that the crews could not be pulled off the street work to do this, but when the street work is finished for the season, the crews will be down to clean his ditch. COMMITTEE REPORTS SEWER & WATER Councilman Granmo reported that Mr. Flynn will have the water rate study completed within 2 weeks and will call a sewer & water committee meeting when it is done. Councilman Granmo read a letter from Thomas, Dean & Hoskins, Inc. concerning the EDA Project - WestNorth Storm Drain Systems. Preparation of plans is approximately 80% complete. It is expected that all design and drafting will be completed by September 28, and plans will be ready for distribution to potential bidders by September 30 or October 3c This schedule will allow for a bid opening by about October 18. Suggested date that bid advertisements begin is September 30. 1ST AVENUE EAST & CENTER STREET PROJECT Doug Daniels, Thomas, Dean & Hoskins, Inc., stated that it is up to the Highway Division Engineer to start this project. It will probably be spring so that the streets are not torn up all winter. Councilman Granmo read a copy -of a letter to the Denver EPA Office from the Department of Health & Environmental Sciences. The letter stated what documents are being sent, stated their approval of this grant request and asked for favorable consideration to the same. This is the joint City -County Step I Grant Application 201 for a sewer study. SAFETY Councilman O'Boyle moved to accept the bid from Prestige vehicle, Inc. for a new ambulance, for the amount of $10,232.25 with trade plus $589.00 delivery to Kalispell. Seconded by Councilman Granmo. Motion carried. 2 On request from Arvin T. Mower, Fireman, Councilman O'Boyle moved that Fireman Mower be permitted to move his residence from 1322 31-d. Ave. East to Ridgeview Subdivision which is just outside the city limits. Seconded by Councilman Griffin. Motion carried. MAILBOXES Councilman O'Boyle reported that the complaint concerning the 18 mailboxes in the 300 Block on loth Ave. West has been taken care of. The boxes have been moved to the other side of the street through the cooperation of the Assistant Postmaster and there is no longer a problem. Councilman Granmo congratulated the Police Department for their good work this past week. PARKS Councilman Daley reported that he had attended a County Park Board Meeting. They are working on a college internship program. Students will be doing a recreation study for 3 to 6 months as part of their course. If the City participated they would be required to furnish insurance in case they are injured. Councilman Daley reported that there will be a park committee meeting for all council members on September 30th at noon at The Outlaw Inn. The purpose will be to start a new 5 year BOR program for new neighborhood parks and changes or improvements in existing ones. Members are to bring any ideas or suggestions to this committee meeting. HEALTH Councilman Daley reported that Flathead County Health Department is contemplating increas— ing their half-time sanitarian to a full time sanitarian. Darryl Goulet, former City Sanitarian, and half—time sanitarian will be offered the full time job. City Attorney Donahue will review the InterLocal Agreement with the County. STREET & ALLEY Councilman Allen moved that City Attorney Donahue prepare an ordinance which will make it illegal to park on the east side of Meridian Road from Highway #2 to the Circle K , Store; the west side of 5th Avenue West from 8th to llth Street; and the north side of 8th Street West along the tennis court and parking lot to 5th Avenue West. Seconded by Councilman Williams. Motion carried. ANNEXATION ORDINANCE #881 Councilman Griffin moved enactment of Ordinance #881 an ordinance extending the city limits to include Hendricksen Addition #70. Seconded by Councilman Granmo. Roll call vote. All voted aye. ORDINANCE #882 Councilman Griffin moved enaetment of Ordinance #882 an ordinance extending the city limits to include Bertschi Addition #75. Roll call vote. All voted aye. Councilman Griffin stated that it has been brought to his attention that Summit Ridge Addition #1 has already had a resolution of intention to annex passed by the council. Councilman Griffin moved to rescind his motion of the previous meeting of September 6th that the annexation committee review this petition to annex. Seconded by Councilman Allen. Motion carried. City Attorney Donahue stated that he is waiting an answer from the Public Service Commission as to requirements for obtaining water for Summit Ridge Addition #1 (J. Austin Miller property) FINANCE The finance committee had no report. MISCELLANEOUS At the request of Don Herman, Water Department employee, Councilman Williams moved that he be allowed a b month leave of absence because of ill health. Seconded by Councilman Griffin. Motion carried. 2 r 1 3 The Standard Specs for Design & Construction of Public Improvements for the City of Kalispell is now in book form and available for $10.00 per copy. Copies can be borrowed from the library or are on file at city hall. Councilman Daley moved that Judge Willis be permitted to take military leave from September 14 through 16. Seconded by Councilman Allen. Motion carried. Mayor Happ reported letters from Director of Public Works Knebel and Thomas, Dean & Hoskins, Inc., stating that they and Water Sept. Longpre have made an inspection of Hawthorne Avenue and Yellowstone Street in the Ports Villa Development. The backfill behind the curb, the curbing and the pavement is acceptable. A fire hydrant and valve box on the large lot west of Hawthorne Avenue may have to be raised when the property is landscaped. A stipulation in the acceptance should be that if necessary the work be done at the owner's expense. Mayor Happ reported that she has written the following letter to the Building Codes Division At Helena: .. .a - P.O.BOX1035 ZIPCODE59901 THE CITY OF KALISPELL, MONTANA "IN THE HEART OF THE NATION'S PLAYGROUND" Srsptember 14, 1977 J. Kembel, Director .1ildi.ng Codes Division Department of Administration State of Montana Capitol Station Helena, Montana 59601 Re: Extension of City Building Code Jurisdictional Area of the City of Kalispell. Dear Mr. Kembel: The City of Kalispell at this time is seeking your approval of extension of the jurisdictional area of the'City of Kalispell F,1Slding Code as provided by Senate Bill No. 401. Th>, area of extension will be to the limits of that area covered by City -County Planning Board for the City of Kalispell and Fla ad County. The legal description of that area is set fr. .h on Exhibit "A" attached hereto and by this reference made a -art hereof. To better familiarize you with the extent of this area I have enclosed herewith a copy of a map wherein the jurisdictional area of the Kalispell City -County Planning Board is contained within the area bounded by the solid irregularly broken line. The City of Kalispell is presently operating under the authority of the "Uniform Building Code, 1976 Edition" published and adopted by the International Conference of Building Officials, Pasadena, California. At the present time the Kalispell Building Inspection Department is operated by a building inspector who, in turn, is assisted by an office secretary who also works for the Director of Public Works. It is anticipated that if this requested extension of jurisdictional area is granted that the City will employ at least one additional inspector and have full time clerical assistant assigned to the Building Inspection Department. 'In this connec- ?,34 September 14,.1977 page 2. tion I would point out that although building lots within the City of Kalispell are by no means full, that more new housing is being built outside the City than inside the City and we may find that more than one additional building inspector will be necessary. The main problem we have experienced that sub -standard buildings have been constructed just outside the city limits which, anticipating normal city growth, will involve problems in the future that enforcement of building codes tend to discourage. Our plans for enforcement include much stricter building inspection and, where necessary, resort to criminal prosecutions in the city courts or civil actions in the district court for injunctive relief. We have discussed this matter with the Flathead County Board of Commissioners. They are not in favor of our seeking additional territorial jurisdiction for the City. I enclose herewith for your information a copy_of a letter to that effect I recently received from the Flathead County Board of Commissioners. I feel that their objection is unfounded, particularly in light of Senate Bill 401 which appears to allow a county to adopt a municipal building code to apply within the county jurisdictional area. Further, their objection is unfounded inasmuch as Section 3 of Senate Bill 401,, amending Section 69-2112, R.C.M. 1947, in Subsection (2) provides that the State Building Code applies within a county jurisdictional area if the county does not adopt its own building code. If you need further information before making your decision on this request please advise and we will make every effort to furnish , you with whatever data you need. Very truly yours, NORMA E. HAPP Mayor encis. cc: Flathead Board of County Commissioners Councilman Allen moved that Mayor Happ be permitted to attend the League of Cities & Towns Convention in Helena September 21 through 24 as a voting delegate. Seconded by Councilman Williams._ Motion carried. Councilman Williams moved that City Clerk Beardslee, City Attorney Donahue and any councilmen who wish to go be permitted to attend the League of Cities & Towns Convention --in Helena. Seconded by Councilman Allen.. Motion carried. At the request of Fire Chief Peters, Councilman O'Boyle moved that Fire Chief ' Peters and Asst. Fire Chief Woodland be permitted to go to the Seagrave Factory to review changes made on the new fire truck. Seconded by Councilman Allen. Motion carried. License & Permit Bonds Frank P. Pace dba Pace Electric Co. Electrical Contractor Bond Councilman Daley moved that all license and permit bonds reviewed by City Attorney Donahue be approved. Seconded by Councilman Allen. Motion carried. 285 Finance Director Nystul reported on the meeting in Helena last Friday of the National Association of Housing and Redevelopment Officials Conference. Councilman Allen moved that the Finance Committee review the business license ordinance for Kalispell with respect to repealing a portion of the ordinance. Seconded by Councilman O'Boyle. Motion carried. Councilman Griffin stated that he wished to thank and compliment the Safety Committee and Mr. Langlois, Asst. Postmaster for taking care of the mailbox problem. He said when enough interest is expressed, things can be accomplished. Councilman Allen stated that he wished to thank Mayor Rapp for the letter written to Helena concerning extending our building code enforcement outside the city limits, the police department for their fine work and City Building Official Shoemaker for the excellent work he is doing. Councilman Williams moved to adjourn. Minutes approved as presented October 17, 1977.