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04/02/79 City Council Minutes420 THE REGULAR MEETING OF THE RALISPELL CITY COUNCIL WAS HELD AT 6:30 P.M. MONDAY, APRIL 2, 1979 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN WILLIAMS WAS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Allen moved approval of the minutes of the regular meeting of March 19, 1979. Seconded by Councilman Daley. Motion carried. FOREST SERVICE MONIES BILL Mayor Happ expressed her disappointment at the defeat of the senate bill which would have given cities a portion of forest service timber land revenue. The bill was introduced by Senator Himsl and supported by Representatives Gesek and Bennet. Uhde, Anderson and Curtis voted against the bill. COMMITTEE REPORTS h15���W`�uLIdYY Councilman Grainger moved that the employment committee be given power to hire a labor negotiator for 1979-80. Seconded by Councilman Saverud. Chairman Grainger or a designated representative from the council will attend every negotiation meeting. Motion carried. Counc -1man-Grainger moved that James Neal be employed as a firefighter on a one year pro- bationary period. Seconded by Councilman Daley. Motion carried. SEWER & WATER Councilman Granmo reported a letter from Wright -McLaughlin Engineers thanking the City for their hospitality. They are preparing volume two of the 201 Study. From this volume the City and County will choose a sewage disposal plan for the future. WATER WELL SUPPLY IMPROVEMENTS RESOLUTION NO. 3230 Councilman Granmo moved adoption of Resolution No. 3230 a resolution authorizing Mayor Happ to sign Change Order #1 on Schedule II which will add electric heat and insulation to the pump house on the new water well. Seconded by Councilman Daley. Roll call vote. All voted aye. RESOLUTION NO. 3231 Councilman Granmo moved adoption of Resolution No. 3231 a resolution authorizing Mayor Happ to sign Change Order #2 on Schedule Iiwhich will be installation of an auxiliary power unit combustion and cooling air redesign of ventilation system.Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Granmo reported that the sewer and water committee with power to act authorized buying equipment to inject air into the sludge at the wastewater treatment plant. Total cost for equipment and labor will be $3,423.00. City crews will do most of the labor. WATER WELL PROGRESS An error of 1/16" in the shaft has delayed progress about 10 days on the water well improvements project. The shaft has been reordered and the manufacturer has guaranteed the new one for one year. Weather permitting, the entire project may still be finished by the deadline of May 31st. Councilman Griffin announced that he will be out of the State for about 2 weeks. He will be visiting in California and will stop at Lodi for information and pictures on wastewater treatment. HEALTH Councilman Saverud had no report. CITY DEVELOPMENT Councilman Saverud reported the Community Development Department very pleased with the response of property owners in the Elrod Neighborhood Project area. They have had seven applications, with three ready to go to bid. They are waiting for HUD approval of the agreement between the City and First Federal S & L as the loaning institution. The APO have hired the firm of Taylor, Thon & Associates as urban designer to obtain a grant for a downtown study. i I The Kalispell Development Committee is very interested in tomorrows election where 4 211 voters will decide on authorizing the City and/or Parking Commission to sell revenue bonds for parking facilities. FINANCE Councilman Saverud reported that the finance committee met today and reviewed the claims for March and moved that all claims found in order to be paid. Seconded by Councilman Grainger. Motion carried. SAFETY Councilman O'Boyle moved first reading to enact Ordinance #920 an ordinance to adopt, by reference, the "Uniform Fire Code, 1976 Edition". Seconded by Councilman Saverud. Roll call vote. All voted aye. Councilman O'Boyle moved first reading to enact Ordinance #921 an ordinance to adopt, by reference, the "Life Safety Code, 1976". Seconded by Councilman saverud. Roll call vote. All voted aye. OPEN BURNING Councilman O'Boyle reported a letter from Fire Chief Doty requesting a decision from the council on open burning. In past years it has been allowed during April and May if the request is made to the Fire Chief as to the place and time of burning. But, last year the Environmental Sciences Division of the State Dept. of Health informed the Fire Chief that if a tax supported garbage service is available (16-2-14) open burning is not allowed. Reporter Dan Black, KOFI News, stated that Air Quality would not let Kalispell residents do open burning because of this state statute. City Attorney Donahue was asked to get an opinion as to whether or not we have a garbage "tax". In the meantime, requests for open burning will be transferred to Air Quality. If they allow it the City will go along. Councilman O'Boyle read a letter from Police Chief McDowell requesting permission to leave the State from May 5 to May IS, to attend national guard camp in Boise, Idaho. Councilman O'Boyle moved the requested be allowed. Seconded by Councilman Grainger. Motion carried. Councilman O'Boyle read a letter requesting Police Chief McDowell and Asst. Police Chief Hellman be allowed to attend the Montana Chief of Police annual meeting in Helena on April 19 and 20. As this is a budgeted item, no action required. Lt. DuPuy will be in charge of the police department in their absence. PARKS Councilman Daley moved that Mayor Happ be authorized to sign the new golf course lease. Fees will be increased 10%. Lease money will be raised to $1500.00 per year to cover their insurance which is paid by the City. Seconded by Councilman Allen. Motion carried. REQUEST FOR GARDEN SPOT At the request of Northwest Montana Human Resources, Councilman Daley moved that Park Supt. Drent select an area owned by the City and allow it to be used as a cooperative garden spot. Seconded by Councilman Allen. Jan Cash, Community Food Nutritionist, stated that they are starting a cooperative garden for apartment dwellers. The plowing and water will be paid for by the members. Anyone who joins the coop is eligible to participate in the garden. There is no requirement that they live inside the city limits. Councilman O'Boyle questioned city liability for such a project. Question called. Motion failed. Councilman Grainger moved to refer to the Park Committee for more study and report back at the April 16th meeting. Seconded by Councilman O'Boyle. Motion carried. Councilman Daley announced that due to higher maintenance costs at the swim pool, season tickets will be increased to $13 for children; $15 for adults and to $33 for families. There will be more available swim time for the public and not so much for swim teams. TOURIST CENTER Rich Hadley, Chamber of Commerce, stated that the Chambers has looked into the possibility of operating the tourist center. Larry Stem has given it up, although he owns one build- ing. Becky Mattson bought the other building. The Chamber has estimated they can operate it for the summer at a cost of $3,000, and will do so if the City permits. They have two stipulations: 1) The City must waive any lease money and 2) Repair the rest rooms. Councilman Daley stated that the Park committee have recommended that it be leased on a 3 year period and with the stipulation that the lessee pave the parking area. No action taken. STREET & ALLEY Councilman Allen reported that TAC Committee will meet at 9:30 A.M. April 17, at the Highway Department office._ One thing they are considering is a minor budget item split between State, County and City for a secretary for keeping accurate minutes. 4 `? HANDICAPPED PARKING ORDINANCE Councilman Allen read the first reading to enact an Ordinance to establish parking rules to benefit the handicapped. Seconded by Councilman Saverud. Roll call vote. All voted aye. REQUEST FOR BUS LOADING AT LINDERMAN Councilman Allen moved to refer a request for a bus loading zone at Linderman School to the Safety Committee, to report back at the next meeting. Seconded by Councilman Daley. Motion carried. UU*1A Mri],I ORDINANCE #916 Councilman Griffin read second reading to enact Ordinace #916 an ordinance to apply City of Kalispell zoning ordinance to certain areas of the City which were within the city limits on January 1, 1978 and assign zone district classifications thereto, being the northwest area. Seconded by Councilman Allen. Roll call vote. All voted aye. Councilman Griffin moved to adopt 6 changes recommended by the City -County Planning Board which are coincidental with the above ordinance. Seconded by Councilman Granmo. (2f 1rioreQ- °12e Councilman Griffin read first reading to enact an ordinance to amend the City of Kalispell Zoning Ordinance to re -define "Non -Conforming Use", and publish notice of public hearing. Seconded by Councilman Allen. Roll call 'vote. All voted aye. Councilman Griffin announced a public hearing on the Buffalo Hill area which includes the proposed mall to be constructed by Developers Diversified. The hearing will be held at 7:30 P.M., April 9th at the Junior High School. ADDRESSING THE COUNCIL Mayor Happ made three calls to address the council. No one appeared. Mayor Happ announced a Growth Management meeting to be held at the Outlaw Inn on April 4th. There will be an afternoon and evening meeting. The County Park Board will meet at 10 A.M., April loth at Courthouse East. VOTE CANVASS - CITY PRIMARY ELECTION - MARCH 190 1979 Councilmen Granmo, O'Boyle, Daley, Saverud, Allen and Williams met at City Hall at 8 A.M., March 20th to canvass votes for the City Primary Election held on March 19, 1979. Results are as follows: Ward I - 1778 Registered voters Ward III - 1424 Registered voters Douglas R. Johns 124 Howard G. Grainger 43 Lane Kaiser 56 Paul R. Palmer 109 Louis B. Ruiz, Jr. 176 Gordon L. Stewart 2 Ward II - 1516 Registered voters Ward IV - 1576 Registered voters S. N. Halvorson 26 John S. Smith 37 Francis T. O'Boyle 43 John Zauner, Jr. 40 Allen Frederickson 1 Jack Taylor 1 James Vidal 1 PUBLIC HEARING - Oil Sprinkling Assessment RESOLUTION #3232 There being no opponents to the proposed oil sprinkling assessment, Councilman Saverud moved to adopt Resolution #3232 a resolution assessing each parcel of land excluding public land at the.rate of $00.002 per sq. ft. for total anticipated revenue of $1140143.00. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. PUBLIC HEARING - Water Sprinkling Assessment J RESOLUTION #3233 There being no opponents to the water sprinkling assessment, Councilman Saverud moved to adopt Resolution #3233 a resolution to assess at the rate of $1.10 per lineal foot in the water sprinkling district for total anticipated revenue of $16,145.00. Seconded by Council- man Daley. Roll call vote. All voted aye. PUBLIC HEARING - Special Light Maintenance District RESOLUTION #3234 There being no opponents to the special light maintenance assessment, Councilman Saverud moved to adopt Resolutions #3234 a resolution to assess at the rate of $00.0007 per sq. ft. those areas having street lighting for a total anticipated revenue of $40,125.00. Roll call vote. All voted aye. 8 LICENSE & PERMIT BONDS Norbert Charbonneau DBA Ace Plumbing & Heating Gas Fitter Bond Norbert Charbonneau DBA Ace Plumbing & Heating Plumber- Bond Robert Ford & Harvey Hammer DBA Miller —Ford Electric Co. Electrician Continuation Certificate Raymond & Kenneth Galloway ' DBA Galloway Backhoe Service Excavator Bond Ron Corban DBA Corban Plumbing Plumber Bond Charles Clark DBA Chuck's Plumbing & Heating Gas Fitting Continuation Certificate Councilman Allen moved that all license and permit bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Grainger. Motion carried. City Attorney Donahue discussed the soliciting in our area by Iskcon of Colorado, (Inter— national Society for Krisna Consciousness of Colorado, Inc., Denver, Colorado). As long as they are not obnoxious, the itinerate peddlars code does not apply to them. To deny them the right to sell their flowers, etc., in the stores or on the streets is to deny them their constitutional right of religious freedom. When persons are given their flowers, trinkets, etc., there is no obligation to pay. There being no further business the meeting was adjourned. Minutes approved as presented on April 16, 1979. Norma E. Happ, Mayor ATTEST: M jorie Giermann, City Clerk