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06/05/78 City Council MinutesTHE REGULAR MEETING OF THE CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, JUNE 5, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. COUNCIL PRESIDENT DALEY PRESIDED. MAYOR HAPP WAS IN ATTENDANCE AT_TT7 GRADUATION OF HER DAUGHTER, LAURIE COUNCILMAN GRAINGER WAS ABSENT.:ALL OTHER. COUNCILMEN' WERE PRESENT, ACTING MAYOR DALEY INTRODUCED BILL SWANSON, NEW FINANCE DIRECTOR FOR THE CITY. APPROVE MINUTES Councilman Saverud moved that the minutes of May 15, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. OPEN BIDS FIRM ITEM AMOUNT UNIT PRICE TOTAL SECURITY American Asphalt Type 3 4,000 tons $11.54/Ton $46,160 Bid Bond Asphaltic Cement Pack & Company Type 3 4000 tons $12.94/Ton $51,760 Cashiers Check Asphaltic Cement Councilman Allen moved the bids be referred to the Street & Alley Committee with power to act. Seconded by Councilman O'Boyle. Motion carried. After discussion of the Gibson Addition property because of the lack of money by the owners to pay delinquent taxes and S.I.D. assessments, Councilman Griffin moved that City Attorney Donahue be given authority by the council to proceed with a review of contracts and sale documents and use his own judgment to protect our rights. Seconded by Councilman Saverud. Motion carried. ADDRESSING TEE COUNCIL John Brice, Director of the Hockaday Art Center, addressed the council and asked to have the Hockaday Art Center building and property turned over to them so they can give. Flathead County possession of same. At the present time, the City allows them to use the building free and pays $2800 for utilities per year. Flathead County has assumed some of the funding and renovation for the building, but they are hesitant to do a lot of repairs on a building they do not own. City Attorney Donahue stated that it should be no great problem to write a City - County Agreement as they have in the past on other joint projects. Councilman Saverud moved to refer the request to the Community Development Committee. Seconded by Councilman O'Boyle. Motion carried. CKINI UNWON iC 917� C FINANCE Councilman Williams moved that all bills reviewed by the finance committee for May be paid with the exception of 5 expense vouchers for schools in the police department which were not properly submitted. In the absence of Chief McDowell, Asst. Chief Hellman conferred with Mayor Rapp, arranged for the dispatchers to go to school on their days off, but did not write the request for council permissinn. The bills will be resubmitted with the June claims. Seconded by Councilman Allen. Motion carried. ORDINANCE #894 Councilman Williams moved enactment of Ordinance #894, an ordinance fixing within limits the annual salary and compensation of city officers and employees for 1977-78. Seconded by Councilman Griffin. Roll call vote. All voted aye. RESOLUTION #3177 Councilman Williams moved adoption of Resolution #3177 a resolution to authorize the expenditure of funds received by the City pursuant to the Federal Antirecession Fiscal Assistance Program in the amount of $16,000.00. Seconded by Councilman Allen. Roll call vote. All voted aye. 824 Councilman Williams reported that one news media in town has printed some misinformation concerning the expense of the new city hall which makes it look to readers that the City has an overrun on the building that was not anticipated. This is not true. The fact has been known since the contract was awarded that the City would be using revenue shar- ing funds for the next two years to pay the contract amount over the amount of the grant. A fact sheet of all expenditures paid to date from revenue sharing and all anticipated expenditures from revenue sharing has been prepared and is available to the news media. Councilman Williams announced a meeting of the council as a committee of the whole to review all phases of city insurance and bonding requirements. Gwen Biggar, our advisor on insurance, will be there to answer questions. The meeting will be at 7:30'P. M. Wednesday e4ening in the council chambers. I ANTii&NATION After discussion on what happens to property within an annexation which is reserved for future access roads to adjacent property, Councilman Griffin moved that the area between Lots 15 and 16 in the Buffalo Hill Apartments and Commercial Addition #84 be served for future access to the west property and that the adjacent property owners u on request for use of this access, pay the appraised value of the land and any costs of necessary improvements. Seconded by Councilman Granmo. There was further discussion on how you determine the appraised value if the owner is using it for certain purposes. Councilman Williams moved to table the motion until the next meeting on June 19th which will give the annexation committee time to form a policy. Seconded by Councilman Saverud. Motion carried. Councilman Griffin ahowed a map of the progress being made by the City -County Planning Board on the rezoning of the City. RESOLUTION #3178 Councilman Griffin moved to adopt Resolution #3178 a resolution approving the re -subdiv- ision of Lot 6, Ports Villa No. 3 to be known as Hawthorne West, subject to the following conditions: 1) That the subdivision be re -zoned to an RA-1 designation under the new zoning regulations as a POD District; 2) That a waiver of an SID for storm drains be received; 3) That all water and sewer systems be approved by the State Department of Health and City Public Works Department. That easements be provided for maintenance and repair of these facilities; 4) That fire protection facilities be installed as required; 5) That the streets be private with a 24 foot width; 6) That the City of Kalispell be held harmless for damage to the landscape by fire trucks and other city vehicles during the normal course of business; 7) That the Homeowner's Association be responsible for but not limited to: snow removal, sanding, paving, sweeping, flushing, signing, parking, etc.; 8) That the City will during repair of underground facilities, bed and compact 1 foot around pipes, backfill and leave the final compaction repair of landscape and roads to the association. Seconded by Councilman Williams. Roll call vote. All voted aye. Resolution adopted. STREET & ALLEY At the request of Director of Public Works Kain, the council granted permissinn to add an addendum to the specifications on city improvements regarding guarantee of work, width of streets, materials on water mains and size of cul de sacs. Councilman Allen reported there will be a meeting of the On -Going Traffic Committee meeting Tuesday A. M., June 6th. On the agenda will be the forming of a new committee, Technical Advisory Committee (TAC). Councilman Allen reported that Oren Bleken suggested that the 331st Army Reserve Eng- ineers Unit might help with patching streets on Saturdays for the training. It would require about 3 of our regular street crew to run the hot plant. Council was favorable and will ask Mayor Happ to look into the situation. ' Street Foreman Clemens is pulling his crews off regular work to patch streets this week, to try and get ahead of complaints. Councilman Allen stated that there will be a meeting of the Street & Alley Committee of the council as a committee of the whole at the Hindquarter at noon on Friday, June 9th. Councilman Allen reported that Mayor Happ has written to Tom Barnard, Supervisor for Montana Highway Department, regarding the dust problem on let Avenue East. It stated in part, "the city feels the contractor is not cooperating as well as he should. As there is coverage in the contract to provide for dust control we hereby request that the Project Manager, Jerry Rote, makes sure the contractor realizes the seriousness of the problem and cooperates to the fullest extent". Councilman Allen stated that the County received in excess of $2,000,000 for non- taxable land and with the City having 75 miles of streets available to everyone for use, we should ask for our share. City Attorney Donahue reported that a resolution was written and presented to the legislature through the Montana League of Cities & Towns, but was lost in the hopper. Councilman Allen reported that the On -Going Traffic Committee is still working on a solution for the traffic hazard at Woodland Heights and Underpass Hill intersection. Engineer, Doug Daniels, reported on the public hearing on the EN Storm Drain Project held May 30th. There was a very light turn -out. There were no immediate problems. Most questions will be answered in the later stages of the project. SAFETY Councilman O'Boyle reported receipt of a -proposed animal ordinance covering county dog licensing from Sonya Nestegard, Director of the Animal Shelter. It proposed that dogs over 6 months old be licensed each year, a $25.00 fine for unlicensed dogs and dogs from other areas be licensed at one-half cost. Councilman O'Boyle reported that there will be a meeting of the Ashley Creek Water Users at the F & G office at 7:30 P. M. June 14th. He felt this should be attended by city councilmen as we are concerned with Ashley Creek because our treatment plant empties into the creek. Councilman O'Boyle moved that Asst. Chief Hellman be permitted to attend a meeting with Duke Willey, concerning Omnibus Crime funds for the new jail facilities, in Allentown on June 8th. Seconded by Councilman Williams. Motion carried. HEALTH & SANITATION Councilman Saverud reported that he attended a City -County Health Board meeting, but there were no problems that concerned the City. Councilman Saverud reported that he has attended two meetings with the Kalispell Development Association. One topic concerned beautification of 1st. Avenue East. A letter from the Chamber of Commerce to Mayor Happ states a request to have 5 trees per block on each side planted within 121 x 3' culvert bands. There is an urgency for a decision from the council as these bands will be placed as the sidewalk is constructed and then cemented in until planting time in the spring. Question arose as to maintenance of the trees. Councilman Allen moved to refer the question to the Street & Alley Committee with power to act and called a meeting of the council as a committee of the whole for tomorrow noon. Seconded by Councilman Williams. Motion carried. SEWER. & WATER Councilman Granmo reported that Liberty Drilling have moved their drill rig back on site for the water well. Councilman Grano reported the following letter concerning the well: June 2, 1978 Douglas E. Daniels Thomas, Dean & Hoskins, Inc. 3 Sunset Plaza Kalispell, MT 59901 RE: Kalispell Well Liberty Drilling Co. Dear Doug: Notification is hereby given that all sections of the contract between Liberty Drilling Co. and the City of Kalispell will be strictly complied with, more particularly Section I, items A & B on page 4 of the signed contract. As of this date there has been no drilling activity on the site since May 25, 1978, also the contract time expired April 7, 1978 with approximately 10% of the project completed, to date. Very truly yours, Isl Norma E. Happ Norma E. Happ Mayor NEH/sf cc: Liberty Drilling Co. 3`?6 License & Permit Bonds Michael C. Russell dba Aero Electric Electrician Continuation Certificate Councilman Allen moved that license and permit bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Williams. Motion carried. Acting Mayor Daley reported that Mayor Happ has written to school officials requesting a meeting with them to discuss parking problems at the Junior High School. Councilman Williams moved to adjourn. Seconded by Councilman Allen. Motion carried. ' Minutes approved as presented June 19, 1978. X Norma E. Happ, Mayor ATTEST: Marjor' Giermann, Deputy City Clerk