01/23/78 City Council Minutes2 7 1.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P.M., MONDAY, JANUARY
23, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMEN GRANMO
AND DALEY ABSENT. ALL OTHER COUNCILMEN WERE PRESENT.
Councilman Grainger moved that the Minutes of the regular council meeting of December
19, 1977 be approved as presented. Seconded by Councilman Allen. Motion carried.
Councilman Allen moved that the Minutes of the regular January 9, 1978 meeting of the
council be approved as presented. Seconded by Councilman Grainger. Motion carried.
OFFICIAL REPORTS
City Clerk and City Treasurer for November 1977.
Director of Public Works, Police Chief, City Judge for December 1977.
Councilman Williams moved acceptance of city officials reports. Seconded by Councilman
Grainger. Motion carried.
ADDRESSING THE COUNCIL
Mack Armstrong, 1140 6th Ave. East presented a petition signed by 21 property owners
in his vicinity to have Robert Rapp tear down his gutted house and remove his fence
from the alley right of way. This property is located on Lots 11-12, Block 209,
Kalispell Addition #3, and the street address is 1103 5th Ave. East. The petition
stated that this property is a health and safety hazard, unsightly and a public nuisance.
Mayor Happ stated for the record that she has no monetary or other interest in this
property.
Councilman Williams moved to refer the matter to the Safety Committee. Seconded by
Councilman Allen. Motion carried.
Gary Rose, representing Citizens Against Pornography, addressed the council concerning
the Community Standards Poll on Obscenity which they presented at the last council
meeting. He asked if the council would like any changes in the form before it is
presented for signatures. Councilman Allen questioned the portion at the end which
states, "The law allows us to protect the names of those who sign this. Therefore, your
name will remain confidential and will never be publicized." It would seem that whoever
counts the poll will know the name of the person signing and who will guarantee that
your name will not be publicized. Mr. Rose stated that the committee will study this
sentence and perhaps omit or change it.
The general feeling of the council was to go ahead and present it to the people.
Stephen Sabol, 475 6th Ave. W. N., addressed the council concerning the ordinance on snow
removal from the sidewalk. Mr. Sabol is a teacher at Flathead High School. Because of
a heart condition he walks to work and tries to walk 20 to 30 blocks a day. He stated
that between his home and the school there are many businesses and home owners who do not
shovel their walks. He stated that at the places where you must push a button to change
the traffic light to 'walk' the snow has been pushed up so that you cannot reach the
button. He asked the council to enforce the ordinance and make it possible to walk on
the sidewalks. Be pointed out that sometimes there are widows or older people who find
it hard to remove their snow, but they are not the main offenders. Businesses are the
offenders and some do not remove the snow at all. Others push it off their property
onto the sidewalks.
Police Chief McDowell was instructed to look into the problem.
RESOLUTION #3151
Councilman Allen moved adoption of Resolution #3151 a resolution to assess and levy
Sidewalk & Curb construction costs for 1977. Seconded by Councilman Williams. Roll call
vote. All voted aye.
COMETTEE REPORTS
SEWER & WATER
Councimman Williams reported that the Sewer & Water Committee met, with power to act, and
awarded the bid for Water Well Improvements to Robert W. Ross, Schedule I and to Lyford
Plumbing & Heating, Schedule II, low bidders. Mayor Happ is directed to inform Thomas,
Dean & Hoskins to make the recommended change order and sign contracts.
272
FINANCE
The Finance Committee met last Friday noon. One item discussed was the ambulance
accounts to be adjusted out. Some of these accounts are at the Credit Bureau for
collection with no results. Councilman Williams stated that the committee will give
further consideration to the collection of these accounts before adjusting out.
The other item discussed was the $1000 bond required of; -electrical contractors. This
will be studied and a report made later as to their decision.
►� �i�_SyiII�I\I
Councilman Griffin moved to deny the resubdivision of Lot 6, Blk 121, at loth and 5th
Ave. East because it would make 2 pieces of property too small to be useful. Seconded
by Councilman Williams. Motion carried.
STREET & ALLEY
Councilman Allen moved to allow the request of the Kalispell News Agency for a curb out
at 1131 South Main contingent on approval of the State Highway Department. Seconded by
Councilman O'Boyle. Motion carried.
Councilman Allen reported that snow removal for December and January will cost over
$10,000 for overtime and truck expense. The overtime budget for the entire year is
$6,000.
SAFETY
Councilman O'Boyle reported that he received a letter from the Flathead Safety Council
which stated that Mr. Jim Keithley, Highway Department, has informed them that the bids
will soon be let for a traffic light at llth Street and South Main.
Councilman O'Boyle moved that the Police Department transfer their detectives van to
Surveyor Pauli. The van is not being used at the present time and Surveyor Pauli has
very poor transportation. Seconded by Councilman Grainger. Motion carried.
HEALTH & SANITATION
Councilman Saverud had no report.
CITY DEVELOPMENT
Councilman. Grainger had no report.
is5r • aia��uY
Councilman Grainger had no report.
MISCELLANEOUS
Mayor Happ reported that the sewer report done by Tom Flynn is ready and has been
reviewed by herself and Water Supt. Longpre.
RESOLUTION . #3152:
Councilman Williams moved adoptidn of Resolution #3152:, a resolution authorizing Mayor
Happ to sign a change order in the Water Well Improvements Project, Schedule II, which
will delete $19,630, and still be satisfactory. Seconded by Councilman Grainger. City
crews will do some of the work instead of the contractor. Roll call vote. All voted aye.
Mayor Happ reported the following letter from Kalispell Public Schools:
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PATRICK J. CONROY
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Phone 755-50155 - P 0. BOX 788 - KALISPELL, MONTANA 59901
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January 20, 1978
YNOENMA"9CNaOL
SMODSCNOOL
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Mayor Norma Happ
EETMO"SExOOE -
City of Kalispell
NEOOESs HGOE
P.O. Box 1035
EWExTOMFCNOaE
Kalispell, Montana 59901
Dear Mayor Happ:
Thank you for your reply to my letter concerning snow-
plowing in and around school areas. I can certainly
appreciate the problems created for the City by the
excessive snowfall this winter.
The School District is most appreciative of the. priority
you have given to the schools in this community. Schools
do bring lots of folks to one spot and concentrate the
problem.
We have removed the snow piles at the FHS parking lot and
at Russell and Elrod Schools. We hope this will cut down
on our snow related problems. If you or the City's staff
see other problems, please get in touch with me.
Best wishes.
Sincerely yours,
fiEl��
Keith L. Allred
Superintendent
KLA/pw
Mayor Happ reported the following letter from Kalispell Public Schools to Street
Foreman Clements:
MTNIOONxEx NJgW
January 20, 1978';
Mxoexww,cxonE - -
1 EExaO eaMOOI
xxa.Eµeexom Bill Clements, Street Foreman City Qf Kalispell
wEnaeeecxooE P.O. Box 1035
EOOax:aMacxom _ Kalispell, Montana 59901
Dear Bill:
During these trying times when snowfall
is excessive, I'm
sure that you, or your crew, don't receive too many
comments
of appreciation. On behalf of the School District,
I'd
like to thank you and your crew for the
tremendous
job you
are doing with your limited resources.
All in all,
you are
doing an excellent job.
Also, I'd like to extend a personal thanks to you for the
extra effort you.have given to Meridian Road in order that
KJHS students have room to walk up and down the road.
I understand that you have personally plowed Meridian prior
to school on Mondays. I, for one, think that is commendable.
Best wishes.
Sincerely yours,
K th L. Allred
Superintendent
KLA/pw
2),74
Mayor Happ reported the following letter from Bruce A. Person:
Jan 23, 1978
Mrs Norma Happ, Mayor
City of Kalispell, Montana
Dear Mayor Happ;
I wish to commend you and Mr Bill Clements, St Supt for the
excellent snow removal in Northridge as well as the rest of
the city.
My wife and I were absent from the city from Jan 17th to the 21st
and it was a pleasant surprise to return to find that the snow I
had been removed not only from the streets but from the sidiewalks
as well in Northridge.
I appreciate what an ordeal snow removal has been so far this
winter and realize that it is unreasonable for everyone to expect
'instant' snow removal.
ncerel�,
ruce Person
III Sherwood Lane
^alispell, Mont
Mayor Happ thanked the sewer, park and water crews for assisting the street crews in
removing the excessive amount of snow that has fallen in Kalispell this year.
Mayor Happ reported the following letter from the.Fla:#head County Commissioners
regarding Appleway Drive:
Alati tab WTOUntg
'414va b of Qlan nisstatters
CO-
P.O. BOX 1000 • KALISPELL, MONTANA 59901 • (406) 755-5300
M,ELfORD R. WOLLAN
r RANK QUAY _
f?UssELLDEIST January 19, 1978
The Honorable Norma Happ
Mayor, City of Kalispell
City Hall
Kalispell, Montana 59901
Dear Mayor Happ:
There seems to be some confusion with regard to the Inter -Local Agreement for '
Appleway Drive which the City of Kalispell and the County of Flathead have
participated in.
Our Legal Department has advised us that we have no jurisdiction to force a
group of landowners to annex into the city without a consent by the majority
by petition. Additionally, we have been advised that nothing is clearly
spelled out as to what exactly will be annexed.
Mr. Nielson has requested to now be annexed as he feels he can gain a higher
profit with the annexation and wants to hook onto the city water and sewer.
I believe you do have a water main and sewer line going up Appleway Drive,
so you may have to get an easement to cross the Flathead County road in order
to make the proper hook up to Mr. Nielson. Russ Deist is working with Ron
Pack to annex a piece of his land in order to make Mr. Nielson's land con-
tinuous, so that he may annex without forcing the other landowners to do
something against their will.
I would appreciate it if you would contact Mr. Pack and let him know what r7
he needs to do in order to annex this parcel of land. Our surveyor, Bill ell
Doyle will possibly have this identified by early next week.
If you have any questions concerning this matter, please advise.
Sincerely,
FLATHEAD COUNTY, MONTANA
BOARD OF COUNTY COMMISSIONERS
BY:
Melford R. Wollan, Chairman
MRW/dd
cc: Bill Doyle
Kenneth Nielson
City Attorney Donahue stated that residents in the Appleway Drive area have the idea
that if we annex the Drive they are automatically annexed also This is not true.
Councilman Allen recommended that Mayor Happ and City Attorney Donahue arrange a meeting
with the Flathead County Commissioners to resolve the problem.
Councilman O'Boyle read a letter from Gordon H. Piers, a Canadian resident, commending
the Kalispell City Police Department for their assistance in unlocking their car door.
The letter stated in part "their assistance was beyond the call of duty."
Mayor Happ asked Councilman Saverud to serve on the City Development and Public Build—
ings Committee, the Finance Committee and be chairman of the Health & Sanitation Com—
mittee. CouncilmanWilliams was asked to serve nn the Parks and Recreation Committee.
Mayor Happ asked Councilman Griffin and Saverud to serve as representatives of the
council along with Building Official Shoemaker, to work with the County Commissioners,
Columbia Falls and Whitefish on the building permit system.
BUILDING MOVING FEES
Discussion was held concerning amending the ordinance on building moving fees to cover
extra costs that might be incurred while a building is being moved. Councilmen felt
generally that the recent increased fees should cover these costs.
Mayor Happ reported on the League of Cities & Towns Board Meeting. A new way has been
initiated for handling resolutions from cities for the legislature. The League is
setting up a legislative committee who will take the ideas for new legislature, put
them in proper form and send .them to the cities for review.
Mayor Happ reported that 10 cities have been picked to work with Bill Christianson and
Chambers of Commerce on solar heat. Kalispell has been chosen as one of them. A grant
from the EPA will finance the study.
Mayor Happ reported that the League will sponsor a labor relations meeting on February
9, 1978 in Helena and urged all council people to attend, City Attorneys will have a
meeting on February loth in Helena and this will enable the attorneys to attend both
meetings.
License & Permit Bonds
L P Gas Service Company. Heating Contractor Bond
4 G Plumbing & Heating Gas Fitter Continuation Certificate
4 G Plumbing & Heating Plumber Continuation Certificate
Gerald I. Ness dba
Gerry's Electrical Electrician Bond
Laurence A. Meyer dba
It Is Electric Electrician Bond
Slams, Plumbing & Heating Co. Plumber Continuation Certificate
Byron McCubbins dba
Byron's Heating Service Gas Fitter Continuation Certificate
Glen E. Schultz dba
Schultz Electric Electrician Continuation Certificate
Elmer Absalonson dba
JORELCO, INC. Excavator Continuation Certificate
Ivan M. & Richard C. Ibsen dba
Ibsen Plumbing & Heating Gas Installers Bond
Delbert L. Maltby Electrician Continuation Certificate
Councilman Allen moved that all License & Permit Bonds reviewed by City Attorney
Donahue be accepted. Seconded by Councilman Griffin. Motion carried.
City Attorney Donahue reported on the action taken on the Kalispell 1l*ber Company
building that collapsed from too much snow on the roof which Building Official
Shoemaker had been called to inspect. Shoemaker felt there would be a collapse and
called City Attorney Donahue to see if he could legally ask the company to evacuate
the building. City Attorney Donahue called the lessee and also talked to Kalispell
Lumber Company officials. They were aware of the problem and had had a helicopter
trying to remove snow, but it had not worked out. The company had then called an
engineer from an architectural firm who inspected the building and told them they
had forestalled any immediate danger, with some bracing.
The union ordered the workers out of the building. The next morning two men went back
to collect their wallets and personal belongings. While in there, the building
callapsed and they barely escaped. City Attorney stated that if the City had ordered
the men out, we could possibly lay ourselves open to lawsuits from the lessee, the
owner, the employees or anyone connected with the building. He stated that with the
company having it inspected and taking the recommendation from an outside inspector,
the City has no liability under these circumstances.
1
Councilman Willi oved to adjourn. econde by Councilman Allen. Motion carried.
Minutes appro d presented Feb 6, 197 .
Norma E. Happ, Mayor '
ATTEST:
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