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10/15/79 City Council Minutes*Be THE REGULAR MEETIlVG OF THE KALISPELT CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, OCTOBER'15, 1979 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. Councilman Grainger moved that the minutes of the regular meeting of October 1, 1979 be approved as corrected. Seconded by Councilman O'Boyle. Notion carried. CITY OFFICIALS REPORTS Director of Public Works, Police Chief and City Judge for September. 3rd quarter 1979 fire department report. Councilman Saverud moved that all city officials reports be accepted. Seconded by Councilman Granmo. Motion carried. ADDRESSING THE COUNCIL Dr. Bruce McIntyre, Flathead County Health Officer, offered the opportunity for citizens of Kalispell to fluoride their water supply through a grant from the State. The grant would pay the cost of installation, $8,000 to $10,000 plus the cost of maintenance for two years. Dr. McIntyre explained the advantages of fluoride as being stronger, more attractive and if used from infancy a 75% decrease in tooth decay. It hardens the bones of the elderly, and postpones the need for dentures. It has no odor or taste and is harmless to the body. He added that there are dentists in the area who are willing to speak for fluoride use at groups. Mayor Happ stated that the council would take the offer under advisement. CONMITTEE REPORTS SAFETY Councilman Grainger announced that the safety committee met on October 1st with Fire Chief Doty regarding the ambulance billings and will have a report and recommendation in January. Councilman Grainger reported that he will be scheduling a meeting with Citizens Against Pornography in the near future. MMU4T:: RESOLUTION NO. 3261 Councilman Granmo moved adoption of Resolution No. 3261 a resolution to reflect the intent of the City of Kalispell to construct, operate and maintain certain proposed sewage treatment if same are approved and funded by the State and Federal governments. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Granmo moved that Mayor Happ be authorized to sign an agreement with Stahly & Associates to implement Steps 2 and-3 of the 201 Study as regards sludge operation of the wastewater treatment plant. Seconded by Councilman Smith. Motion carried. REQUEST FOR SEWER & WATER OUTSIDE CITY LINIITS Councilman Granmo reported a letter from Atty. Dan Johns, representing Developers Diversi= fied,requesting city sewer and water service for a proposed mall. Atty. Johns stated that the city ordinance provides that sewer and water service will be provided outside city limits at 1.5 the rate and the provision of a waiver of annexation. In addition, the Cameron family in granting an easement for a water line on the property concerned, to the Northridge area, reserved the right to use the line. Mayor Happ said that this area is not within the boundary lines submitted to the PSC and the council has set a policy that we not extend services outside this line. City Atty. Donahue stated that he has looked at the 1961 easement - words give the City some perogative - not a blanket right and must be suit- able to City plans. Councilman Granmo stated that he assumes that the city council is standing by the policy of refusing water service outside the service district, and the request was denied. Councilman Granmo stated that he is awaiting a price -study on the mechanical dewatering of the sludge at the treatment plant. CITY DEVELOPMENT Councilman Saverud reported that the City Development committee, with power to act, awarded the demolition bid for the HUD Elrod Neighborhood Project to McElroy & Wilken for the low bid of $20,650.16. ORDINANCE #936 Hearing the first reading, Councilman Saverud moved to enact Ordinance #936, an ordinance establishing a civil rights code for the City of Kalispell. Seconded by Councilman Zauner. Roll call vote. All voted aye. ri d. • r Councilman O'Boyle reported that TAC defeated a motion to delete truck traffic on 1st Ave. East. TAC will meet on October 16th at 8:30 A.M. for a bus tour of Whitefish Stage, Balls Crossing and other areas with traffic problems. Councilman O'Boyle reported that the Flathead Safety Council met on September 16th and requested a crosswalk be painted at 4th Street & 5th Avenue West. Councilman O'Boyle moved to allow Mayor Happ and City Attorney Donahue to take legal steps to accept and obtain a 20' easement from Warren Donahue, 100 feet long on 5th Avenue East. This will allow for an alley right-of-way. The City does not have to pave or maintain for the residents on the other side. Seconded by Councilman Daley. Notion carried. 'PARKS, RECREATION, AIRPORT Councilman Daley reported a meeting with Ron Hoye, Don Frye, Councilman Zauner, Supt. Drent, Dir. of Public Works Kain and himself regarding ballfields for PeeWees. They agreed that if the Peewees bought new fencing and installed it themselves, the City would remove the old fence. Park crews are working on a ballfield in Northridge which will be completed by next year. The Airport Association will have the last building removed before it snows. They have made improvements on lighting and are working on a plan for regulation of outgoing and incoming planes. The Airport Study is progressing and will be in draft form by October 31st. The grant and loan are ready as soon as the resolution is signed and Mr. Lee Tower will personally deliver the study to the council. IvaWFISYNTURIN Councilman Zauner had no report. ANNEXATION RESOLUTION NO. 3262 Councilman Smith moved to adopt Resolution No. 3262 a resolution of intention to annex territory to the City of Kalispell, to be known as Double LL Addition No. 76, and to fix the date of public hearing thereon; to provide for publication of notice of said hearing. Seconded by Councilman Saverud. Roll call vote. All voted aye. SOLUTION NO. 3263 lWouncilman Smith moved to adopt Resolution No. 3263 a resolution of intention to annex 'territory to the City of Kalispell, to be known as the Circle K Addition No. 104, and to fix the date of public hearing thereon; to provide for publication of notice of said hearing. Seconded by Councilman Saverud. Conditions set by the council are to change the zoning to B3 and to include one-half of Appleway Road and obtain 5 feet right-of-way on Meridian Road. Roll call vote. All voted aye. RESOLUTION NO. 3264 Councilman Smith moved to adopt Resolution No. 3264, a resolution to obtain a summary resub- division of Amended Plats Lot 3, Highland Park Second Addition & Highland Park Subdivision_ #112. Seconded by Councilman Granmo. This is a 2' by 36' area being donated by the Baptist Church because of a misplacement of a sidewalk. Roll call vote. All voted aye. RESOLUTION NO. 3265 Councilman Smith moved to adopt Resolution No. 3265, a resolution approving the resubdivision of Lot 6 of Porta Villa #3, Hawthorne West Phase III-80 single family townhouse units. Seconded by Councilman Zauner. Notion carried. Zoning RA2. Councilman Smith moved to remove from the table the motion to amend the Comprehensive Plan as per Flathead County Resolution #10 dated September 4, 1979. Seconded by Councilman Grainger. This is the area on Buffalo Hill from Stillwater River to West Reserve Drive. Councilman Ruiz expressed concern with the high density plan through the middle of the area and asked City County Planning Board Director Petrini to display and explain the map. - After displaying and explaining the map, Councilman Ruiz moved to amend Councilman Smith's motion as per changes and adopt Map 3B. Seconded by Councilman Grainger. Roll call vote. All Voted aye. Amendment carried. Question called on original motion to amend Comprehensive Plan. Roll call vote. All voted aye. ORDINANCE #937 Hearing the first reading, Councilman Smith moved to enact Ordinace #937 an ordinance to apply City of Kalispell zoning ordinance to the following areas and assign zone district classification thereto: 1) Lots 1 - 24 of Baker Addition and Tracts 8U, BAB, 8A; BAA, and 8W, Section 18, Township 28 North, Range 21 West - B-3; 2) Bertschi Addition.No. 75 - RA2; 3) Meridian Addition - RA-1. Seconded by Councilman Zauner. Residents in the Meri- dian Addition area spoke in favor of zoning the area as business or light industrial because there are so many businesses already established. Other residents urged the council /f .9 to leave it zoned residential so that no other businesses could establish. Another question concerned the Coca Cola Warehouse located in Bertschi Addition. Some councilmen felt that if their warehouse was there they should be allowed to build a bottling plant. Councilman Daley moved to table the Bertschi zoning and send back to the zoning commission. The motion died for lack of a second. Each of the three areas was voted separately. Question called on Baker Addition as B-3. Roll call vote. All voted aye. Question called on Bertschi Addition, as RA2. Roll call vote. Councilmen Grainger, O'Boyle, Daley, Zauner and Ruiz voted nay. Councilmen Granmo, Saverud and Smith voted aye. Motion defeated. Councilman Ruiz moved that the Bertschi Addition be zoned II. Seconded by Councilman O'Boyle. Roll call vote. Councilmen Granmo, Saverud and Smith voted nay. Councilmen Grainger, O'Boyle, Daley, Zauner and Ruiz voted aye. Motion carried. Meeting recessed at 10:30 P.M. Meeting reconvened at 10:37 P.M. Question called on Meridian Addition as zoned RA1. Roll call vote. Councilmen Grainger, Granmo, Saverud, and Zauner voted aye. Councilmen O'Boyle, Daley and Ruiz voted nay. Councilman Smith abstained because she has relatives residing in the area. Motion carried. Meridian Addition zoned RA-1. FINANCE Councilman Ruiz moved to direct Mayor Happ to sign a letter approving the bid of Jordahl, Sliter and Bragg for the sewer audit. Seconded by Councilman Granmo. Motion carried. Councilman Ruiz announced a joint meeting of the Finance and Employment committees for noon next Thursday on policy decisions. MISCELLANEOUS Mayor Happ reported a letter of resignation from Jim Thompson who has served long and well on the City -County Planning Board. Mr. Thompson is moving out of the City. On behalf of herself and the council, Mayor Happ thanked Jim for his fine service to the City. Building Official Shoemaker reported attendance at a workshop and a check on the City's compliance with the new code passed with flying colors. City Attorney Donahue reported that he has written to FVCC President Milne about nego- tiating a lease for old Great Northern Depot building but has not received a reply. City Attorney Donahue reported that the attorney representing Garmen Meadows wanted a few things changed. He agreed, has not heard and the case is still pending. Mayor Happ reported that she has been asked by Norm Stedje, new president of the League of Cities & Towns and Mayor of Ronan, to serve another term on the Board and asked council confirmation. Councilman Saverud moved council approval of the appointment. Seconded by Councilman Grainger. Motion carried. Councilman Daley moved to adjourn at 11:00 P.M. Seconded by Councilman Zauner. Carried. Minutes approved as presented November 5, 1979. ,O) g. 14F Norma E. Happ, T4ayor ATTEST: t I I I