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03/05/79 City Council Minutes4_-0 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. ON MARCH 5, 1979. ACTING MAYOR DALEY PRESIDED. COUNCILMAN WILLIAMS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Griffin moved the Minutes of the regular meeting of February 5, 1979 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. ADDRESSING THE COUNCIL Attorney George Best introduced Mr. Ronald Schivinski, Project Coordinator, for Developers Diversified, a Cleveland firm. Mr. Schivinski requested city water and sewer service for a ' 300,000 sq. ft. shopping mall to be constructed at the north edge of Kalispell. The pro- posed agreement between Developers Diversified and the City would state that they would pay for water usage at the rate of 1.25 times the rate applicable for resident users and 0.85 times its water charge as a sewer usage charge. Another part of the agreement states that Developers Diversified acknowledges that the proposed shopping center may be annexed into Kalispell, and it agrees not to oppose, contest or challenge formal annexation processes, pro- vided they do not commence within eighteen (18) months following the signing of this Agreement or beginning of the construction, whichever is later. The reason for the latter is to avoid paying city taxes while under construction. They are asking for a chance to get under opera- tion before paying city taxes - a savings of about $1,000,000. Mr. Schivinski stated that the projected population by 1990 for Kalispell is 21,000 and for Flathead County 73,000. They expect to draw business from Lake and Lincoln Counties as well as locally. He stated that a study shows that $94,000,000 is being spent outside this area that could be spent here. The mall will create about 300 jobs. Councilman Griffin stated that he felt there should be a flat monthly rate for maintenance of the water and sewer lines in addition to the usage rate. Also, would like the agreement changed to read that they would annex voluntarily and not force the City to go through forced annexation procedures which are costly. Mr. Schivinski replied that he had no objection to either of these suggestions. Councilman Allen stated that he was mainly concerned with streets and accesses to Highway #93. Mr. Schivinski replied that he has been working with the State Highway Department and will actually make an improvement to the accesses now in use. ' Councilman Saverud asked if the services abut the area. City Attorney Donahue stated that the water perimiter as outlined and agreed to with the PSC specifically omitted this area. Mr. Schivinski stated that they have applied to Flathead County for sewer and water usage permits, but have been told they will not be issued unless the City turns them down. Councilman Granmo stated that he is concerned about the commercial zoning in a residential area. He would like to see the area petition for annexation and go through all the steps necessary including public hearings for resident input. The people who live in the area may not want a commercial zone. Councilman Grainger agreed that he wants public input before any agreement is signed. Construction on the shopping center is to begin in July. Director of Public Works Kain stated that he has not seen any of the plans. Councilman Saverud moved to refer the request to the Annexation Committee. Seconded by Councilman O'Boyle. Motion carried. COMMITTEE REPORTS FINANCE Councilman Saverud reported that the finance committee met and reviewed the claims for February and moved that all claims found in order be paid. Seconded by Councilman Grainger. Motion carried. Councilman Saverud moved that the following uncollectible ambulance accounts be adjusted out. Some are Medicare/Medicaid patients and it is not legal to bill the patient for the balance after Medicare and Medicaid have made payment on the account. The remainder are old collection accounts to be written off from the year 1975. Bankruptcy accounts have been included. Seconded by Councilman Grainger. Motion carried. ---- -- . Marcid 5l, p 979 AMBULANCE ACCOUNTS TO BE ADJUSTED OUT Date of Service Number of Service Name Amount 5/4/78 1_2/30; l/ 2/25/78 12/1G;','/ 2/24/.- '18/7S 17/78 120/73 j2/7/78 ll/7/78 10/2/78 �8/9/78 7/21/78 4/5/78 �3/20/78 4/29/78 2/7/78 9/22/78 12/1/77 12/10/77 2/21/78 3/8/78 10/9/78 2/8/78 3/21/78 6/19/78 8/25178 10/1/77 10/4/77 .2/8/78 '13/78 8/78 18/78 13/ 21/78 25/78 10/78 7/788 2/2/78 11/17/78 3/6/78 5/8/78 - 5/4/78 4/4/78 3/9/78 2/22/78 5/1/78 3/30/78 1/27/78 10/4/78 7/31/78 4/20/78 3/8/78 7/21/78 5/1/78 5/1/78 3 30/78 11/77 18/78 /23/77 �11/7/78 #9607 #9287 # 9436 #9258 #9435 #9637 #9792 #9798 #9386 #10122 #10024 #9856 #9800 #9534 #9493 #9595 #9385 #10009 #9199 #9227 #9422 #9463 #10040 #9394 #9494 #9716 #9914 #9041 #9042 #9390 #9565 #9311 #9638 #9652 #9501 #9472 #9459 #9380 #10173 #9455 #9616 #9609 #9608 #9465 #9428 #9602 #9515 # 9363 #10030 #9829 #9572 #9462 #9799 #9600 #9601 #9514 #9221 #10179 #9276 #10124 George Ackerman George Ackerman Alameda F. Adams Ronald Anderson Hannah Archer Alta Beeson George Birnel Ruby Bonnett Claude Brumfield Ida Burnell Selma Christian Winifred Collins Virginia Danielson Maybelle Dempsey Gertrude V. Dixon Stephen L. Dorchak Sophia P. Engelstad Minnie M. Evans John R. Flynn Lois A. Fox Deborah Galloway George Gilbert George Goggins Helen Gross Harlan L. Guynn Jessica Haag Ina Halter Violet Ham Emma Hill Ardis Holgren Hilda Jacobson Kenneth Johnston Fred U. Jones Marian Kerr Frank Kunkler Gertie M. Lang. Nina Lehmicke Nina Lehmicke Larry Marsh Ole H. Moen Bobby L. Moler Roberta Murphy Paul Orr Ford A. Peckham Ben Putney Marie A. Robinson Benton Rogers Leona S. Smith Blanche Snyder Helen Sommerfield Terry Sterner Elizabeth J. Stevenson Belle Tenas Corie Voskamt John E. Wargelin Ella Weberg Johanna Zick TOTAL $ 1,849.90 The above list includes Medicare/Medicaid patients. The balance due is considered uncollectible. It is not legal to bill the patient for the balance after Medicare and Medicaid have made payment on the account. 412 ve of Service F/15/75 9/1/75 b/z/75 S/29/75 7/14/75 10,'?7/75 9/28/75 4/2.0/75 7/28/75 S/.L(i/75 �'8116/75 3/3/75 $18lts 9/d3/75 5/ 1-05 5/6?17 9/4i' l7 519;` 75 110/26/75 10/26/75 3/28;75 9/g/'r5 9/15/75 6/,l9/75 10/26/75 6/2t/75 8/25/75 9173175 10/15/75 9/23/77 4/1.5/75 S/7/15 10,7./75-12/23/75 F/2?/75 9/2/75 (0/9/75 1117f; 5 i 10125175 4/1i 175 j 9111 l7.5 1/3-7/75 i11L6/75 9 /25/75 } 6/24/75 t/Z/75 14l2/75 a 2/:73/75 11/13/75 9/1.7/75 7/21175 AMBULANCE ACCOUNTS TO BE ADJUSTED OUT Number of Service #6927 #6993 #6712 #6969 #6833 #7122 #7053 #6599 #6876 #6930 #6933 #6515 #6909 #7020 #b622 #8612 #8967 #6655 #7116 #7117 #6547 #7003 #6928 #6761 #7113 #6767 #6941 #6409 #6948 #7909 #7095 #8938 #6590 #6906 #7065 #7270 #6947 #6978 #7083 #6416 #7121 #6580 #6934 #6921 #6440 #7169 #7048 #6773 #6384 #6563 #6495 #7236 #6936 #6860 Name William Alkin Carol Amick Clarence Athey Robert Ayres Thomas Banning Roy R. Beck Paul Benson Paul Billingsley Louise Bressler Jerri Butts Jerry Lee Calflooking Winona Chapman Vince Cheney Neil Clothier. John Cook John Carpenter Calvin Cox Lora Davis Lawrence ➢eBord . Wayne Dodge Douglas Field Sue Fortune Carl Fredrickson Douglas Garber Douglas Garber Jenni Hansen Marcella Hansen Marlys Hoeldt Russel Hoeldt Pete Ithurbide Carol Jeffries Robert Jones Jr. Connie Kolb Roxanne Lessor Glenna Lund Gerry McGerry Vicki McGuire Russell D. Madison Steve March Ethel Merchant Todd Mungall Dallas Music Tetsuya Nishida Rick Painter Dolly Palmetier Jean Ringgenberg Kathryn Ryan Jack Sundt Richard L. Syth Alex Wilkerson Loraine Zabel Total TOTAL 71.50 14.00 33.00 .33.00 44."' 58.` 33.( 50.50 38.70 33.00 33.00 42.00 36.50 34.50 33.00 60.00 - 60.00 60.10 76.00 2.22 37.50 5.00 33.00 33.50 33.00 33.00 33.00 33.00 50.D 23. 40.0 33.0 40.00 66.50 69.50 33.00 33.00 33.00 33.00 33.00 33.00 8.00 46.50 55.50 33.00 35.70 69.78 33.00 33.00 41.00 33.00 $ 11996.5" +1,849. 3,846.4 The above list includes old Credit Bur. Accounts(ABC Collection) that are to be written off from the year 1975. Bankruptcy accounts have been included. 1 ., 9 96 . Sri 4- 1.=349.90 i 3846.4tI T 413 ANNEXATION ORDINANCE #915 - See m i N V Te-S 31 kq 17 9 Councilman Griffin moved to adopt a motion of intention to adopt a resolution of intention to implement the new zoning to the major portion of the east side of Kalispell as outlined in the draft from the Zoning Commission; to set and hold public hearing on same. This area is shown on maps available in the office of the city clerk. Seconded by Councilman Grainger. Motion carried. Councilman Griffin reminded council members and the public that the first public hearing on the NorthWest areas will be held at 7:30 P.M., March 6, 1979 at Courthouse East. STREET & ALLEY Councilman Allen moved to authorize Director of Public Works Kain to advertise for bids for Sidewalk & Curb Construction for 1979; road oil; gravel; and asphalt. Seconded by Council- man Saverud. Motion carried. ORDINANCE #914 Having heard the second reading, Councilman Allen moved to enact Ordinance #914 an ordinance to amend.the 'no parking' ordinance. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Allen asked Tom Barnard, P. E. State Highway Dept. to explain the map on the new urban signing. Mr. Barnard explained that urban funds are being used throughout cities and counties to make signing uniform throughout the U.S. It will include school crossing, no parking, speed limits, etc., as well as stop signs. Within the City, 6th Street and 7th Ave. West will be basically unsigned for through streets. Councilman Allen stated that he has recently had a call from the Library regarding the two- y traffic in the alley regarding their book drop. He was asked if the recommendation to make it two-way could be reconsidered. He said he did not tell them no and asked them to put their request in writing. Councilman Allen stated that they are still reviewing the handicapped parking ordinance. John Zauner, Jr., asked the council to consider removing some of the parking spots reserved for the handicapped. He said he had done a lot of observation and the spots are not being used at all. He suggested the meter money count at these spots compared to others might give the council an answer. Councilman Allen asked him to put his request in writing. Councilman Saverud asked that a letter be directed to the Parking Commission asking them to have their consultant make a comparison check. SAFETY At the request of Fire Chief Doty, Councilman O'Boyle moved to authorize the hiring of one new fireman effective April 1, 1979. Seconded by Councilman Grainger. Motion carried. At the request of Fire Chief Doty, Councilman O'Boyle moved to authorize the promotion of Ted Main from Driver to Captain and F. Jack Triepke from Firefighter to Driver, effective March 1, 1979. Seconded by Councilman Grainger. Motion carried. Councilman O'Boyle moved that Asst. Fire Chief Larson and Fire Marshall Bowman be allowed to attend the Montana National Fire Prevention and Arson School in Great Falls on March 8th and 9th with travel and per diem authorized. Seconded by Councilman Grainger. Motion carried. ORDINANCE #909 Councilman O'Boyle moved the first reading of Ordinance #909 an ordinance to change the age of persons permitted to possess alcoholic beverages or to whom alcoholic beverages may be sold, given or furnished from eighteen to nineteen years of age. Seconded by Councilman Granmo. Roll call vote, All voted aye. CITY DEVELOPMENT Ed Gallagher, Director of the City Development Department, reported on the meeting of March 1st on the Elrod Revitalization Project. It was well attended and those who were there showed great interest. The department has started interviews with persons interested in home improve- ments. Mr. Gallagher thanked the press for getting the word out and assuring the attendance of many persons. 414 CITY HALL On recommendation of Architect Schwartz, Councilman Saverud moved to reduce the retainage for Stewart & Janes, Contractor, from 10% to 5%. The project is in excess of 90% finished. Seconded by Councilman Granmo. Motion carried. RESOLUTION #3220 Councilman Saverud moved adoption of Resolution #3220 a resolution authorizing Mayor Happ to sign Change Order #6 which will install ceramic tile in the mud room of the new city hall at an additional cost of $219.00. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. RESOLUTION #3221 , Councilman Saverud moved adoption of Resolution #3221 a resolution to estimate the cost of lighting the streets and avenues in the City Special Lighting District, and of the intention of levying and assessing the cost thereof for the year 1979. Seconded by Councilman Allen. Roll Call vote. All voted aye. RESOLUTION #3222 Councilman Saverud moved to adopt Resolution #3222, a resolution to estimate the cost of oil sprinkling the streets and avenues with oil and dust control in Oil Sprinkling District No. 2, and of the intention of levying and assessing the cost thereof for the year 1979. Seconded by Councilman Granmo. Roll call vote. All voted aye. RESOLUTION #3223 Councilman Saverud moved to adopt Resolution #3223 a resolution to estimate the cost of water sprinkling the streets and avenues in Water Sprinkling District #1, and of the intention of levying and assessing the cost thereof for the year 1979. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. SEWER & WATER Councilman Granmo explained the need to replace the water line on the 3rd Ave. E. N. Project before the street is rebuilt. This will be done at city expense at an approximate cost of I $65,000.00. It will also increase the engineering fee by $3,000.00. If a larger line is installed, costs will be more. RESOLUTION #3221 Councilman Granmo moved to adopt Resolution #3225 a resolution to authorize Mayor Happ to sign an addendum to contract dated April 8, 1977 with Thomas, Dean & Hoskins, Engineers, for engineering services to extend scope of 3rd Ave. E. N. Project (M 6799 (5) which will increase the engineering fee by $3,000.00. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. WASTEWATER TREATMENT PLANT Councilman Granmo reported on a talk with a representative of Wright McLaughlin, Engineers. The 201 Study must be approved before any funding is available from EPA or the State. This will take care of a long range plan for wastewater treatment, but does not solve the immed- iate sludge odor problem. Engingeer Stahley stated that equipment is available in 30 days for soil injection treatment of sludge and can be utilized later in the long range program. The airport area (60 acres) would be adequate for sludge injection. Councilman Griffin and Supt. Longpre will accompany Dennis Carver, R. E. for Morrison-Maierle to Spokane Wednesday to inspect their wastewater treatment plant. Councilman Saverud moved that the group be authorized to travel to Spokane for the inspection. Seconded by Councilman I O'Boyle. Motion carried. Councilman Allen moved that Water Supt. Longpre will make the recommendation to the contractor on the water line replacement on the 3rd Ave. E. N. Project as to AC or PVC choice of pipe. Seconded by Councilman O'Boyle. Councilman Griffin voted no. Motion carried. ORDINANCE #913 Having heard the second reading, Councilman Grainger moved to enact Ordinance #913 an Ordi- nance amending house moving fees. Seconded by Councilman Allen. Roll call vote. All voted aye. The second series of Growth Workshop will be on soil conservation. The meeting is at 4 1, 5 7:00 P.M. on March 8th at the Conrad Bank. Judge Willis requested permission to be absent for 10 days guard duty at the State Hospital at Boulder because of the state employees strike. LICENSE & PERMIT BONDS Gary R. Treweek DBA Treweek Construction Co. Building, Raising & Moving Cont. Certificate Councilman Allen moved that license and permits reviewed by City Attorney Donahue be accepted. Seconded by Councilman Grainger. Motion carried. 1 Councilman Allen moved that a beer and wine license to Corner Pockets of America be approved. Seconded by Councilman Grainger. Motion carried. Councilman Allen moved to adjourn at 10:00 P.M carried. Minutes approved as presented on March 19, 1979. ATTEST: Mari 7 ie Giermann, City Clerk Seconded by Councilman O'Boyle. Motion 1 Norma E. Happ, Mayor A