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12/04/78 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. DECEMBER 4, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCIIMM WERE PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of November 6. 1978 be approved as presented. Seconded by Councilman Saverud. Motion carried. Councilman Williams moved that the minutes of the regular meeting of November 20, 1978 be approved as presented. Seconded by Councilman Saverud. Motion carried. Councilman Williams moved that the minutes of the regular meeting of November 20, 1978 be approved as corrected (re snow plowing). Seconded by Councilman Allen. Motion carried. ADDRESSING THE COUNCIL Mayor Happ addressed the council by reading a letter from herself to The Daily Inter Lake in reply to an editorial criticizing the snowplowing and sanding policy. A portion of the letter stated "An editorial last summer urged the City to meet what we thought were unreasonable wage demands to certain employees. You frequently have demanded lower taxes. Now you are criticizing us for curtailing services which are costing more because of increased salary and operation costs. Exactly where do you stand? Tax levies axe limited by law. If you want higher employee wages you cannot have lower taxes and maintain services. If, as you demand, we lower taxes, we have no alternative than to cut both personnel and services." PUBLIC HEARING - Life Safety and Uniform Fire Codes 1976 - Mayor Happ asked for proponents to speak for adoption of these codes. Fire Chief Peters stated that it is the policy of the City to adopt the most up to date Life Safety and Uniform Fire Codes of State regulations. There were no opponents. ORDINANCE N0. 904 Councilman Williams moved to enact Ordinance No. 904 an ordinance to adopt Life Safety Code 1976. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. ORDINANCE NO. 905 Councilman Williams moved to enact Ordinance NO. 905an ordinance to adopt the Uniform Fire Code 1976. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. 3zo9 RESOLUTION #32M Councilman Granmo moved to adopt Resolution #329S'a resolution authorizing Mayor Eapp to sign Change Order #1 to the Water Well Improvement Project - Schedule I. Seconded by Councilman Daley. The change will delete the 3 inch air vacuum valve and 3 inch piping back to the well and add a 4 inch air vacuum valve and 4 inch piping back to the well. Added cost will be $1,052.00. Total contract price will be $48,799.00. Roll call vote. All voted aye. RESOLUTION #3208 Councilman Granmo moved to adopt Resolution #3208 a resolution authorizing Mayor Happ to sign Change Order #2 to the Water Supply Well. Seconded by Councilman Daley. The change will allow for a reduction in the cost of the project since the installation, operation and removal of a test pump will not be necessary. The well will be test pumped using the final well pump as a test pump. Total reduction will be $5,280.00. ' Final contract price will be $94,337.50. Roll call vote. All voted aye. Councilman Griffin asked about the penalty clause in the contract for the Water Supply Well, as they are past the completion date. Councilman Granmo replied that the Contractor, Liberty Drilling, is responsible for any damages that might occur because of the delay. Damages would probably only be felt by the contractors for Schedules I and II, Lyford Plumbing and Robert Ross Construction. Letters have been written to them asking if they have any damage claim because of the delay and asking them to submit their reply in writing. Councilman Griffin voiced objections because he did not have previous knowledge of the proposed change orders. He stated that he is a member of the sewer and water committee, but is not informed as to what is going on with sewer and water. Doug Daniels, Project Engineer replied that he has kept a daily log on the progress of the well and anyone 8rq 4 is welcome to read the log or reports that he has in his office. Director of Public Works Hain stated that he has received regular reports on the progress of the well. Mayor Happ asked Director of Public Works Hain to prepare a report in capsule form and give it to all members of the Council. MEDICAL POLICY ON EMPLOYEES Councilman Saverad reported on the November meeting of the City —County Board of Health. He stated that Dr. McIntyre, County Health Officer, is available for medical checkups for City and County employees at no cost to cities. The Health Committee will be working ' on a policy and submit it to the Council in January. SNOW PLOWING Councilman Allen reported that the City will go on a day by day policy. Parking on streets and avenues will be per ordinance. Director of Public Works Kain is to be contact— ed about any problems. The most critical areas will be plowed and sanded first and Kain will keep in touch with the news media if directives to the public are necessary. The City has 2 road graders that plow snow, 2 truck plows and 1 sander. There are approx— imately 75 miles of city streets and 25 miles of alleys. TRUCK TRAFFIC ON WOODLAND AVENUE Councilman Allen read the following letter from a Woodland Avenue resident: K,lispell City Council C` .y Hall K,x'j.spell MT 59901 il<,uorable Council Members: am writing this letter to you to express my concern over .he stability of Woodland Avenue, and to ask action be taken co )_educe the possibility of a serious slope failure. In recent months there has been an alarming increase in heavy, industrial -type traffic on this City street -- especially loaded logging trucks and heavy equipment vehicles, -often moving at quite high rates of speed. Enclosed are three snapshots showing obvious physical evi- dence of the bank slippage and instability, through tilted trees, scarp cave-ins, and ground water seepage from the side of the bank sufficient for a thriving growth of cat- ':.:i..ls. This heavy truck traffic often causes such earth vibrations that we have thought we were experiencing an ear;.hquake. This condition has concerned me enough so that I Lave sought and obtained the opinion from a Geologist and a soils civil engineer from their visual inspections of the Woodland Avenue bank over a distance of approximately 600 yards. Following are my notes of their verbal opinions of the condition: 1. There is a landslide condition causing large scale earth movements, as evidenced by tilted trees, earth cracks, bank cave-ins, etc. 2. Ground water seepage about halfway down the embankment is strongly in evidence -- too soft to walk on in places -- and providing healthy growth of cattails and willows. This is a classic geologic formation in which landslides and slope stability failures occur. This outward physical evidence should be an alert to the poten- tial for additional slope failures and possibility of earth movements, not only of the street, but back as far as the houses on the Avenue. These similar conditions were in evidence at the Laguna Hills, California landslide site which recently caused heavy loss to streets and houses. 885 Kalispell City Council November 20, 1978 Page Two 3. The type and size of force required to activate additional movement is difficult to predict, but because of existing evidence of earth movement, it ' is quite possible that a seemingly minor force could activate major movement. Examples of forces which could cause movement are: A. Iieavy vehicular movement near the scarp or top of slide. B. Construction activities that remove soil weight from the toe of the slope or add soil or weight to the scarp. C. A rise in the water table. D. Utility line leaks, etc. 4. Engineering investigations could give additional infor- mation on the scope of the instability problem. Solu- tions to stabilizing the earth movement are possible, but undoubtedly would be an extremely expensive pro- cedure. In closing, I wish to again express my deep concern over this problem. Woodland Avenue is one of the City's finest streets, but borders a definite land fault. A major loss to roads and ' houses is a very real possibility if protective measures are not taken. I hereby request that the City take immediate steps to eliminate or reduce truck traffic on this City street, and set limits for weight of vehicles using the road. Sincerely yours, Richard L. Tyrylor 830 Woodland Avenue RLT:wat Encs. cc: Merritt Warden 430 Woodland Avenue Kalispell MT 59901 Councily,an Allen stated tgat he wi.l]. ask -f,.e Council to amend the 'no ; eavy truck - t,affir,' ordinance in January 19 T:e p_'_,.�ent oru-inanue p:-°oYii':its :em," truck traffic on 3rd and !!.th Avenues East only. He e.skedthe help o: the news media to let it he known that a discussion will be het-_ on _iearT truck traffic, not only on Woorlana Avenue, but anyfoere in the City that is or conce_n at tiie Dece➢iber 18th council meetin He asked for public input so that .ryen -L,,,e ordinance is amended it will include any problem in the City concerning heavy truck tr ffie. ' APPOINTMEUT -- Kalispell Development and Redevelopment Department Mayor Happ asked the Council for confirmation of the appointment of Mr. Ed Gallagher as Director of KDC. Mr. Gallagher is from Anaconda, a native Montanan and has worked in this specific type of work for 5 years. He will assume the position on Januarj 2, 1979. Councilman Saverud moved that the cour_cil confirm the appointment of Mr. Ed Gallagher to the position of Director of the Kalispell Development and Rederelopment Department. Seconded by Councilman Williams. Motion carried. 386 TRAVEL RATES Mayor Happ asked Councilman Williams to review travel rates and per diem for city employees and officials and make a recommendation at the December 18th meeting. COMMITTEE REPORTS FINANCE Councilman Williams reported that the finance committee met today and reviewed the claims for November and moved that all claims found in order be paid. Seconded by Councilman Daley. Motion carried. , ANNEXATION 3 )-01 RESOLUTION r'rr 3i-1 Councilman Griffin moved to adopt Resolution #-3 89 a resolution of intention to annex Walker Addition #96. Seconded by Councilman Daley. Roll call vote. All voted aye. DAILY INTER LAKE EDITORIAL Councilman Daley stated that the thought the Daily Inter Lake editorial referred to in the reply by Mayor Happ was "uncalled for and I resent it". Councilman Daley moved that the Council approve and support Mayor Happ's rebuttal. Seconded by Councilman Grainger. Motion carried. SAFETY Councilman O'Boyle reported that his committee, along with Mayor Happ, Fire Chief Peters and Police Chief McDowell met with officials at Cornelius Hedges School. The parking problem turned out to be a staff parking problem. One year ago, on October 22nd, the safety committee made -a=recommendation'-__: and the school did not comply with the recommendation. A different area has been designated for staff parking and the problem on 4th Avenue East has been resolved. HEALTH ' Councilman Saverud reported that County Health Officer McIntyre has toured all the wastewater treatment plants in the County. Councilman Saverud reported that he took his first tour of our plant with Dr. McIntyre. They were both impressed with the tour and Dr. McIntyre stated that we have a highly motivated and well educated staff. The tour was conducted by Chief Operator, Brian Orndorff. SL'M & WATER Councilman Granmo reported that a temporary fix has been started to control the odor of the sludge at the wastewater treatment plant. The sludge bed has been enlarged to 6 beds which are rotated, the sludge being less deep and drying faster. Engineering firm, Morrison Maierle, is working on a permanent fix and their recommendation should be forthcoming by December 15th. Councilman Allen stated that as long as we have sludge we will have an odor and we should try to find some funding to completely alleviate the problem. Director of Public Works %ain stated that the brochure from the company that initially installed the equipment stated it was 'odor free'. MISCELLANEOUS Mayor Happ informed the Council that even though they had approved her trip to St. Louis to the National League of Cities & Towns Convention, she had decided that the money remaining in her travel budget could be better used to travel to Helena when the I Legislature meets. She added that the City will be preparing a resolution to present to the Legislature. Mayor Happ announced a Tri-City meeting at noon on Wednesday, December 13th at The Outlaw Inn. There will be a committee meeting of the council as a whole Friday noon. John Schwartz, Architect for the new city hall, will give a progress report. The press is welcome. 'q87 LICENSE & PEFdY1IT BONDS L. P. Gas Service Company of Montana Heating Contractor Continuation Certificate Elmer Absalonson Excavator Continuation Certificate Glacier View, Inc. Gas Contractor Continuation Certificate Councilman Allen moved that all license and permit bonds reviewed by City Attorney ' Donahue be accepted. Seconded by Councilman Allen moved to adjourn. Councilman Grainger. Motion carried. Seconded by Councilman Daley. Meeting adjourned at 9:00 P. M. Minutes approved as presented December 18, 1978. ATTEST: Mal-jorie Giermann, City Clerk Norma E. Hap , Mayor