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