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09/17/79 City Council MinutesTHE REGULAR MEETING OF TEE CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, SEPTEMBER 17, 1979 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCIIMEN WERE PRESENT. MAYOR HAPP WELBOMED COUNCILMAN DALEY WHO HAS BEEN HOSPITALIZED. Councilman Saverud moved that the minutes of the meeting of September loth be approved as presented. Seconded by Councilman O'Boyle. Motion carried. OFFICIALS REPORTS City Treasurer for July 1979• Director of Public Works, Police Chief and City Judge for August 1979. Councilman Daley moved that city officials reports be accepted. Seconded by Councilman Grainger. Motion carried. ADDRESSING THE COUNCIL Mrs. Lester Aasheim, 274 Farview Drive, addressed the council concerning the proposed mall on Buffalo Hill. She stated she would rather see the mall constructed than to have the area changed to high density residential. The following letter to Mayor Happ was read: LAW OFFICES MURPHY, RoBINSON, HECKATHORN & PHILL-IPS - ONE MAIN BUILDING P. D. Box 759 KALISPELL, MONTANA 59901 CALVIN S. RoaINSON - - - I.JAMES HEG.AYHORN - C.EUGENE P.MI-IPS GORGE B. F)CST, JR. - - JOHN B. Dvu,s, JR. DANIEL D. JOHNS September 17, 1979 The Honorable Norma Happ City of Kalispell City Hall Kalispell, Montana 59901 Dear Mayor Happ: TELEPHONE 755-6644 AREA CODE 406 JAMES E. MURPHY OF COUNSEL Re: Developers Diversified/ Comprehensive Plan Amendment On behalf of Developers Diversified, I request that the amendment to the 1974 Comprehensive Plan as it pertains to Buffalo Hill be removed from the City Council's agenda for the September 17 meeting. It was tabled during the September 10 meeting in order to provide certain council members the oppor- tunity to further study the situation. The one week delay was shorter than normally occurs between meetings and I believe additional time is necessary to permit all parties to further study the situation. I request that the plan amendment be rescheduled for October 1, 1979. If you have any questions, please call me. Very truly yours, MURPHY, ROBINSON, HECKATHORN & PHILLIPS Daniel D. Johns.!" DDJ:djh cc: Mr. Ron Schivinski 4 Qv Z Councilman Saverud moved to include and specify in the minutes that it is the request of Developers Diversified and not the council to remove from the table the vote on the amendment to the Comprehensive Plan and reschedule for October 1st. Seconded by Councilman Smith. Motion carried. COMMITTEE REPORTS SAFETY Councilman Grainger moved that Fire Chief Doty be authorized to look for a used pickup to buy in the amount of $3400.00 and the white van be transferred to the park depart— ment. Seconded by Councilman O'Boyle. Finance Director Swanson reminded councilmen that there is only $2800.00 budgeted for the purchase of a used pickup for the fire department. Mayor Happ suggested that the shop foreman look at the vehicles not in use at the shop and that Director of Public Works Kain bring a recommendation to the nest meeting. Question called. Motion carried. OLD DEPOT BUILDING INSURANCE Councilman Grainger reported that he is in receipt of a letter from the Flathead Independent Insurance Agents concerning the old depot building which is presently used by FVCC for art courses. Because of problems with the building, they will no longer insure against fire. Councilman Grainger moved that City Attorney Donahue be directed to contact FVCC and propose a lease which would include negotiating their own fire insurance. Seconded by Councilman Daley. Motion carried. REQUEST FOR BICYCLE RACK Because of the narrow sidewalk and the liability of the City involved, Councilman Grainger moved to reject the request of Wheatons Cycle and boy to place a bicycle rack on the sidewalk in front of the store. Seconded by Councilman Daley. Motion carried. Councilman Granmo reported that final inspection has been made on the EDA Storm Sewer Project and the contractor has asked for final payment. Councilman Granmo requested that the balance of the grant be used for street repair needed because of the storm sewer construction work. RESOLUTION #3259 Councilman Granmo moved adoption of Resolution #3259 a resolution authorizing Mayor Happ to sign Change Order #3 on the EDA Storm Sewer Project (#05-51-26637) in the amount of $2,170.00. Seconded by Councilman Smith. Roll call vote. All voted aye. Councilman Granmo moved to make final payment to the contractor including retainage. Seconded by Councilman O'Boyle. Motion carried. CITY City Develop4ient Director Gallagher announced the second public hearing will be held September 20th at 7:30 P. M. in the council chambers for the Small Cities Housing Grant. Councilman Saverud reported that a meeting with school administration officials, fire chief, and police chief regarding fire lanes and parking at schools had made some progress, but they will be meeting again as there is a major parking problem for residences in the high school area. STREET & ALLEY Councilman O'Boyle reported that the bid for the Woodland Park road was awarded to American Asphalt in the amount of $14,617.50. Street reconstruction on 2nd Ave. West from 2nd to 4th Streets was awarded to American Asphalt for $38,771.80 and reconstruction has started. 483 PARKS Councilman Daley thanked the Mayor and Council for the floral arrangement sent to him at the hospital. He thanked Councilman O'Boyle for acting on the bid for Woodland Park road. Councilman Daley reported that the irrigation system under BOR is nearly complete and one of the major accomplishments of the last two years. He stated that they will be instal- ling a ballfield in Northridge which will alleviate the congestion at Peterson. EMPLOYMENT Working in conjunction with the Safety Committee, Councilman Zauner moved that vacation man, Fireman Patrick Buls, be made a permanent employee with the usual one year prob- ationary period required. Mr. Buls starting date will be July 6th and his one year pro- bationary period will start from that date. Seconded by Councilman Daley. Motion carried. ANNEXATION Councilman Smith reported that the City -County Planning Board met and will have a recom- mendation on extraterritorial zoning. The zoning commission will meet at 7:30 P. M. Wednesday to discuss a recommendation for zoning of Meridian Tracts. Councilman Smith asked that all the council attend this meeting and get their information first hand. Councilman Smith will recommend that the Stubbs Addition be rezoned from RA1 to B1. FINANCE Councilman Ruiz had no report. MISCELLANEOUS Mayor Happ announced a meeting of the Finance Committee at 3:30 P. M. Tuesday to discuss S.I.D. #327 (South Meadows Addition The Council will meet with Developers Diversified at noon on Wednesday in the conference room. Governor Judge will address the energy problems in Montana at 7:30 P. M., September 26, 1979 in the Colt 45 room at The Outlaw Inn. This is an open invitation. REPORT ON LEAGUE OF CITIES & TOWNS CONVENTION Mayor Happ reported the death of County Commissioner P. J. Keenan of Anaconda at the League Convention, and expressed her sympathy to this family. She reported that this was a hard working convention with long hours. One bright spot was a better understanding by a lot of people on what they had tried to do at the legislature last year regarding forest service monies for cities. She added that some persons who were legislators last year are now mayors and really have an understanding of what happened. Mayor Rapp said she felt that the next legislature will make a division of the monies between the cities and counties, but everyone should make sure how their legislative candidates feel before they vote. Councilman Ruiz reported that he thought the convention was very worthwhile. He met other people with the same problems and they tried to share solutions. Mayor Happ reported that Councilman and Mrs. Daley were missed at the convention this year. City Attorney Donahue reported that there were 12 cities represented by city attorneys. They met and exchanged ideas and solutions to problems and discussed problems without solutions. He said it was nice to have had state senators and representatives admit what they have put the cities up against. 494 COUNTY AID FOR CITY STREETS Councilman O'Boyle stated that Flathead County has offered to contribute some paving to city streets in Kalispell, Whitefish and Columbia Falls. Director of Public Works Kain will get together with the County Commissioners with the probable recommendation that they work on 3rd Avenue East from Lions Park north as far as possible. TAC will meet Tuesday at 9:30 A. M. at the Highway Department. Councilman Grainger moved to adjourn at 8:30 P. M. Seconded by C. Zauner. Motion carried. Minutes approved as presented October 1, 1979. / " g. Norma E. Happ, Mayo ATTEST: Marjo a Giermann, City Clerk I 1-1