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11/20/78 City Council Minutes379 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, NOVE•+II9ER 20, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. CITY OFFICIAL REPORTS City Clerk for August and September City Treasurer for September Director of Public Works, Police Chief and City Judge for October Councilman Daley moved that city officials reports be accepted. man Allen. Motion carried. ADDRESSING THE COUNCIL Seconded by Council - Marjorie Morgan, representing the Council on Aging, addressed the council concerning free parking stickers for vehicles transporting the elderly. Councilman Allen stated that when he talked to the handicapped people they did not discuss stickers for the elderly. This is the first time the request has come to his attention. He asked how many vehicles would be involved. Mrs. Morgan stated that they have 14 Homemakers and the Welfare Department has 8 persons who transport the elderly and handicapped. Councilman Allen stated that he is waiting for the legal ordinance to be enacted for the handicapped. He asked that this request be submitted in writing, and then they will consider the elderly and blind. PUBLIC HEARING - ZONING Councilman Griffin reviewed the proposed changes for Zoning Ordinance No. 885 which were submitted at the special meeting of October 23rd. He also stated that the reason for asking that the ordinance be amended to take affect April 1, 1979 rather than January 1, 1979 is to allow more time for the zoning commission to hold more public meetings on rezoning Kalispell. There was no opposition to any of the proposed amendments to the zoning ordinance. ORDINANCE #902 Councilman Grainger moved to enact Ordinance #902 an ordinance to amend Zoning Ord- inance #885. Seconded by Councilman Griffin. Roll call vote. All voted aye. GAS INSPECTION PERMIT Councilman Grainger reported that the City Development Committee has reviewed the request to raise the gas inspection fee from $2.00 and 750 for each additional fixture to $5.00 and $2.00 for each additional fixture, and recommends the request be granted. Vonda McCubbins from Byron's Heating & Plumbing stated that homeowners are objecting to paying any fee to the City because the city inspection seems to duplicate the inspection by Montana Power Company. Building Inspector Shoemaker explained the difference be-7dien his inspection and that of the power company. Montana Power Company does not hook up any gas unless the red tag is there to show them it has been checked by the City. He added that he would check with them tomorrow morning to ascertain if there is a problem. ORDINANCE #903 Councilman Grainger moved to raise the gas inspection fee to $5.00 plus $2.00 for each additional fixture. Seconded by Councilman Granmo. Roll call vote. All voted aye. SOUTH MEADOWS ADDITION Jerry Begg, one of the developers of the South Meadows Addition, asked that SID #325 which was created for South Meadows not be used. The improvements have changed, delay in construction must be met by increased costs and the amount of the SID must be changed. Councilman Grainger moved that SID #325 not be used. Seconded by Councilman Williams. Motion carried. • PETITION TO CREATE SID #327 Jerry Begg, one of the developers of South Meadows, presented Mayor Happ and members of the Council with a petition to create a new SID for South Meadows. RESOLUTION #3204 of intent Councilman Williams moved to adopt Resolution #3204 a resolution/to create SID #327 for the South Meadows Addition. Seconded by Councilman Allen. Motion carried. 'NO PARKING' ON 4TH STREET Councilman Allen reported that he will report to the council at the second meeting in December regarding an amendment to the 'no parking' ordinance to include 4th Street from lst Avenue East to Woodland Avenue for a fire lane. :•:; 1 • : 111. YUI Y :�JI•jQONY IpiNN Councilman Williams moved to approve the appointment of Richard-M—Kelson, 94 Northern Lights Blvd. to the BOA to fill the vacancy left by the resignation of David "Moose" Miller. Seconded by Councilman Saverud. Mr. Nelson's term is for 3 years beginning November 13, 1978. Motion carried. The BOA Members are Al Miron, Chairman, Dr. M.E.K. Johnson, Hal Sampson, Harry Taylor and Richard Nelson. COMMITTEE REPORTS FINANCE RESOLUTION #3205 - SID #326 Councilman Williams moved to adopt Resolution #3205 a resolution setting out that the City Council undertakes and agrees to issue orders annually authorizing loans or advance from the revolving account to the extend funds are available and to provide funds for such revolving fund by making tax levy and loans as the council determines necessary. Seconded by Councilman Allen. Roll call vote. All voted aye. ANNEXATION Councilman Griffin reported that the public hearings on the new zoning ordinance went very well. He complimented the news media for not taking sides and reporting it as it was. Mayor Happ thanked Councilman Griffin for the many hours he has spent in the past year with the zoning ordinance. STREET & ALLEY Councilman Allen reported that during the winter months, the crews will start work at 4:00 A.M.on sanding or plowing snow, but due to the short budget, only in extreme,` conditions will the crews work nights or week -ends. Councilman Allen reported that the TAC meeting was called off because of the bad weather. Councilman Allen reported that he attended the Flathead River Basin meeting and was shown an excellent film by the Fish & Game Department on water problems in Yellowstone. AIRPORT Councilman Daley reported that the Airport Committee met Monday and elected a board of directors. Their meetings will be the 4th Tuesday of each month at noon. On November 28th they will elect officers and consider changes in the lease. Mike Strand will take care of emergencies until they get organized. SAFETY At the request of Police Chief McDowell, Councilman O'Boyle moved that Police Officers Phil Fisher and Robert Lanfear attend advance school in Bozeman November 26 through December 8. Expenses are budgeted for this school. Seconded by Councilman Allen. Motion carried. HEALTH Councilman Saverud had no report. CITY DE6ELOPMENT Councilman Saverud reported that the committee met on October 13th regarding progress of city hall. They .recommend that a change order be made to provide a hoist for drying hose for the fire hall in the amount of $1,364.00 and enclose room 150 and provide dutch door for room 148 to provide security for secretary files as requested by City Attorney Donahue in the amount of $392.00 - total $1,756.00. This will bring total contract price to $1,330,390.00. RESOLUTION NO. 32o6 Councilman Saverud moved to adopt Resolution #3206 a resolution authorizing Mayor Rapp to sign Change Order #5 on the City Hall Project (EDA Contract #05-51-26637). Seconded by Councilman O'Boyle. Roll call vote. All voted aye. SEWER & WATER Councilman Granmo had no report. EMPLOYMENT Councilman Grainger had no report. Mayor Happ announced there would be a Growth Workshop on the 208 Project at 9 A. M. tomorrow. An interview with an applicant for Director of the Kalispell.Development Department was postponed due to bad weather conditions. Councilman Allen moved that Mayor Happ be authorized to attend the National League of Cities & Towns Convention in St. Louis, Mo. Seconded by Councilman Daley. Motion carried. Mayor Happ is a member of the Safety Committee for the National League of Cities & Towns. Attorney Marshall Murray presented the following letter to the Council: LAW OFFICES OF MURRAY. KAUFMAN, VIDAL & GORDON, P.C. 240 FIRST AVENUE WEST P.O. BOX 899 MARSHALL MI_RRAY KALISPELL. MONTANA 59901 LEONARD l V ,.UFMAN JAMESE.ORL'O November 20, 19�] o JOHN R_GDRLON I O The Honorable Norma Happ, ' Mayor of the City of Kalispell, and Members of the City Council City Hall Kalispell, Montana, 59901 Dear Mayor Happ and Council Members: TELEPHONE < 75S5T00 I have been retained by a group of people who reside and conduct business south of Kalispell and east of the City's sewer system. My clients have become frustrated because of the continuing and long-standing failure of the City to correct the obvious and flagrant defects in its sewer system. Contacts, both.written and oral, have been made with city officials for some time now, yet no solution appears in sight. The City continues to allow expansion to its sewer system which, in all likelihood, compounds the existing problem. ) This problem, in case any of you may be in doubt, relates to the terrible stench which emanates from the city sewer system and which usually drifts eastward. I have been engaged to see what can be done to encourage you to solve your problem and in case you do not, to force you to do so by whatever legal action might be proper. As the 1972 Constitution of Montana provides in Article II, Section 3, all Montanans are entitled to certain inalienable rights: " . . . They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. . ." Although I am still researching the question and have not determined my clients' legal rights and remedies, it is apparent that said constitutional rights will probably be the basis for any legal action that is taken. My clients have been extremely patient, considering the disgusting odor which permeates their environment during a large part of the year. They demand action and I intend to see that you face the problem squarely in the near future. In this respect I intend to appear before you in January 1979 to ascertain how you intend to proceed toward a solution. If you have established a definite course of action and timetable by that time we may avoid liti- gation; however, if nothing viable can be offered by you in that respect, I intend to commence litigation by February 1, 1979. Thank you. Yours truly, MURRAY, KAUFMAN,. VIDAL & GORDON, P.C. VA44 14 1 Marshall Murray MM/mlp EDA STORM DRAIN Engineer Dour Daniels stated that the contract on the EDA Storm Drain is completed, but there is some work on a retention structure to do. Pack 8s Company are requesting a Tinter shutdo,vi and will finish as soon as weather permits. Councilman Granmo moved to Scant Pack & Company a. winter shutdown on the EDA Storm Drain Project. Seconded by Councilman Allen. Motion carried. Licensees Permit Bonds Cl..,ence A. Clapper dba City Plumbing & Heating Plumber Continuation Certificate Robert L. Mack dba Bob Mack Plumbing Gas Fitter Continuation Certificate. Robert L. Mack dba Bob Mack Plumbing Plumber Continuation Certificate Councilman Allen moved that all License & Permit Bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Daley. Motion carried. _ Councilman Willians moved to adjourn at 9 P. M. Seconded. by Councilman O'Boyle. Motion carried-. Minutes approved as corrected regarding snow plow�mber 4, 1978. _ ,, Norma E. Happ, 1vlayor ATTEST: Marj ie Giermann, City Clerk