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05/15/78 City Council Minutes818 THE REGULAR MEETING OF THE CITY COUNCIL MET AT 7:30 P. M., MONDAY, MAY 15, 1978 IN TEE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDID. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of May 1, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for March 1978 Director of Public Works, Police Chief and Police Judge for April 1978 , Councilman Grainger moved that the city offcials reports be accepted. Seconded by Councilman Williams. Motion carried. ADDRESSING THE COUNCIL Karen Barbee, 414 4th Ave. East addressed the council concerning variances that have been given after a business is started. She felt there was a need for more information for public awareness of what can start in a neighborhood. Building Inspector Shoemaker stated that wherever he finds violations, they are investigated. Mayor Happ said that a proposed business license ordinance may help. City Attorney Donahue stated that people are really unaware of zoning ordinances — they check with the neighbors and if there are no objections, they open up a business. His office tries for compliance rather than prosecution. COMMITTEE REPORTS FINANCE Councilman Williams reported that the Public Employees Retirement Division is recomputing the police retirement deficit. BUDGET REPORT , Councilman Williams moved to adopt Resolution #3174 a resolution declaring an emergency exists in certain departments within the general fund and directing notice of same to be published for a public hearing. Seconded by Councilman Allen. Roll call vote. Councilman Griffin voted no. Motion defeated. ANNEXATION Councilman Griffin moved to refer the resubdivision of Lot 6, Porte Villa Addition #3 to be known as Hawthorne West to the annexation committee for preliminary review and study. Seconded by Councilman Daley. Motion carried. RESOLUTION #3174 Councilman Griffin moved to adopt Resolution #3174 a resolution of intention to annex Pack Addition and fix date of public hearing. Seconded by Councilman Allen. Motion carried. RESOLUTION #3175 Councilman Griffin moved to adopt Resolution #3175 a resolution of intention to annex Summit Ridge #1 and fix date of public hearing. Seconded by Councilman Grainger. Roll call vote. All voted aye. STREET & ALLEY ' Councilman Allen requested Director of Public Works Kain to check with the state highway department to see who is responsible for maintenance and dust control of lst Avenue East while it is under construction. Councilman Allen reported that the Street & Alley Committee with power to act awarded the bid for road oil to Cenex, and the gravel bid to McElroy & Wilken. Councilman Allen moved that Director of Public Works Kain be directed to prepare specs and advertise for bids for asphalt, with bid opening June 5th. Seconded by Councilman Daley. Motion carried. 319 Councilman Allen reported on the On -Going Traffic meeting held May 6th. The highway department requested a copy of the ordinance amending the parking on Highway #93 at East Washington Street. The committee is requesting a study by the highway department concern- ing the intersection at Underpass Hill and Woodland Heights. A no left turn might be the answer. Tom Barnard was elected chairman of the On -Going Traffic Committee. Mr. Barnard and Director of Public Works Kain are pursuing the idea of changing this committee to a Technical Advisory Committee with the same members plus representatives from the Chamber of Commerce, citizens, and Flathead County. Councilman O'Boyle reported that there seems to be a conflict between the Flathead Safety Council and the On -Going Traffic Committee. Mayor Happ stated that it would be a good idea for a representative from the Safety Council to be a member of the committee. Director of Public Works Kain reported that there will be a public hearing on the E. N. Storm Drain and Highway Project at 7:30 P. M., May 30th in the Edgerton School gym. Councilman Allen reported that the highway department is in the talking stage of replacing the bridge on Highway #2. Councilman Daley reported that Ken Siderius, Director of Federal and Special Projects, has scheduled the following fields for softball for the summer: 1 Hedges School field - pony girls 2 Edgerton School field - pony girls 3 North field at the Junior High - junior girls 4 Large area south of the football field at the Junior High School - junior girls Councilman Daley reported that there are over 1000 participants in softball in the area. Approximately one half of these are from outside the city limits and the city is providing the facilities. Councilman Daley reported that the 208 program is still in existence. They are presently setting up a series of inspection of wells and septic tanks to furnish an environmental impact statement. KALISPELL REDEVELOPMENT ASSOCIATION Director of Public Works Kain reported on the public hearing held on the applidation for a HUD grant. An application has been mailed today to Denver in the amount of $559,000.00 for the purpose of developing new housing on 2nd, 3rd, 4th and 5th Streets West between 5th Avenue and 2nd Avenue West. An answer to the grant application should be received by June 30th. FULL TIME CITY ATTORNEY ORDINANCE #893 Councilman Daley moved to enact Ordinance #893 an ordinance to establish a position for a full time city attorney. Seconded by Councilman Allen. Richard Hadley, Chamber of Commerce, questioned adequate public notice. He was told that it has been discussed a great deal in committee and has been discussed for several years at budget time. Question called. Roll call vote. All voted aye. Oren Bleken, KOFI reporter, stated that he inquires on the morning of each council meeting if there is anything that he can publicize for the meeting and is usually told there is nothing. Mayor Happ reminded council members that she has asked them to bring their reports to her office by Wednesday before the meeting so that they can be given to the media. SAFETY Councilman O'Boyle reported that the striping of the avenue on 4th Avenue E. N. at Highway #2 is placed so far to the left as you travel north, that it is a definite hazard. Director of Public Works Kain to check it at once. HEALTH & SANITATION Councilman Saverud has no report. SEWER & WATER Councilman Grenmo reported that so far the citizens advisory committee on the 201 Study 820 has 4 members - 3 from the county and 1 from the city. A total of 10 to 12 is the desired number. Pam Larratt, Daily Inter Lake Reporter, stated that she would be glad to give it some publicity if she were given details. Councilman Granmo reported 2 sewer requests outside the city limits. One is.not adjacent to the city. Councilman Granmo will confer with City Attorney Donahue on the requests. Mr. Osborne, Liberty Drilling, reported that he has today moved a crew to the well site and will be drilling within a few days and will be done by June 30th. Councilman Granmo moved that Mayor Rapp be authorized to sign an agreement with Thomas, Dean & Hoskins, Engineers for engineering services for a settling pond for the E. N. Storm Drain Project to be paid with gas tax monies. Seconded by Councilman Allen. Motion carried. COMMUNITY DEVELOPMENT RESOLUTION #3176 Councilman Grainger moved to adopt Resolution #3176 a resolution directing Mayor Happ to sign Change Order #3, for the City Hall Complex, EDA Grant #05-51-26637 which authorizes the contractor to install a drainage system not to exceed $6,423.00.-Seconded by Councilman O'Boyle. Councilman Williams moved to amend the motion to include a surplus amount of money in the general fund be budgeted for -city hall in the next budget year. Seconded by Councilman O'Boyle. Roll call vote. Councilman Granmo voted no. Resolution adopted. Councilman Saverad moved that the council go on record that all contractors and architects shall provide the cost of any change orders and the new estimate in addition to the original bid in detail. Seconded by Councilman O'Boyle. Motion carried. EMPLOYMENT Councilman Grainger moved for an executive meeting for the purpose of discussion of wages and wage negotiations. Seconded by Councilman Williams. Motion carried. Pam Larratt, Daily Inter Lake Reporter, quoted the closed meeting law and stated that I she believed they would be in violation. City Attorney Donahue replied that "we are within the law". MISCELLANEOUS Mayor Happ reported that the bid from Blue Shield on health insurance for next year is up 32.8%. A family will cost $87.41; 2 persons, $74.03 and a single $36.20. This will mean a $24,000-$25,000 cost to the City which pays 100% of the health insurance. Mayor Happ read a letter from Chief McDowell requesting permission to be absent from the State for the period of June 5th, 1978 through June 16th, 1978 for a vacation. Councilman Grainger moved the request be allowed. Seconded by Councilman Allen. Motion carried. Mayor Happ read a letter from Chief McDowell requesting permission to send Officers Roger Krauss and Gregory S. Burns to Legal Training School at the Montana. Law Enforcement Academy, in Bozeman, June 4th through June 9th will mileage and per diem to be paid by the City. Councilman Daley moved that the request be allowed. Seconded by Councilman Allen. Motion carried. _ Mayor Happ announced the Tri-City meeting will be held at noon, Wednesday, May 17th at the Meadow Lake Country Club in Columbia Falls. Mayor Happ read the following letter from the State Building Codes Division: STATE OF MONTANA THOMAS L. JUDGE DEPARTMENT OF ADMINISTRATION GOVERNOR BUILDING CODES DIVISION �i I5U9 E. slxn3 nvENi•e CAPITOL STATION I ]ELENA. NIONTANAA 59W 1 - Telephone lux;) a 9--3933 May 9, 1978 8 1) 1 The Honorable Norma E. Happ Mayor of Kalispell P. 0. Box 1035 Kalispell, Montana 59901 Re: Extension of Kalispell's Inspection Limits Dear Mayor Happ: ' The Montana Building Codes Advisory Council met on April 28, 1118 and reviewed provisional approval of Kalispell's jurisdictional extension. The council approved the extension with the following stipulations: 1. The boundaries of the jurisdictional area shall be as per the map submitted by you and agreed to by the Flathead County Commissioners. 2. That as requested by the Flathead County Commissioners, the City of Kalispell will relinquish its jurisdiction, to the county area, at such time as the county establishes its own code enforcement program. 3. That unless the City Fire Marshal covers the extended jurisdictional area, all plans will be submitted to the State Fire Marshal for his review. 4. In addition, the requirements listed in our February 22, 1978 letter to you must also be met. I£ we can be of assistance at any time, please let us know. Sincerely, 60 LL. W. JAI S MBEL, P.E. Admini tr tor WJK:lo cc: Flathead County Commissioners Del Thurber, Chairman, Montana Building Codes Advisory Council Robert Kelly, State Fire Marshal Director of Public Works reported that he was in Helena last week. Checking with the Highway Department, the City has $18,000 unexpended gas tax funds in Helena. $10,900. of this will be used for engineering on the E. N. Storm Drain Project. Checking with BOR, *here may be possible funding for things such as smoke detectors for the Conrad Mansion. Mr. Kain met with the Director of Public Works from Helena and exchanged comments on the wastewater treatment plants in each city for mutual help. Helena has expended an additional $60,000 to get satisfaction from their plant. License & Permit Bonds Charles Clark, dba Chuck's Plumbing & Heating Plumber Orr#rl Councilman Allen moved that all license and permit bonds approved by City Attorney Donahue be accepted. Seconded by Councilman Williams. Motion carried. 92 City Attorney Donahue stated that the city code on license and permit bonds for various categories is not clear and we should sit down with the insurance people and go through the bonds and clarify them. PUBLIC SERVICE COMMISSION City Attorney Donahue reported a letter from the PSC complimenting Mr. Tom Flynn on the city's presentation at the hearing. They also approve the perimeter limits to the service area. Chief McDowell reported on department plans for Canadian Days. Forces will be increased to 10 to 12 men per shift. The Chamber of Commerce is.going to help pay the overtime. Councilman Grainger moved to adjourn. Seconded by Councilman Daley. Carried. Minutes approved as presented SUNE 5, 1978. Norma E. Happ, May r ATTEST: Marjori Giermann, Deputy City Clerk