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04/20/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. ON MONDAY, APRIL 20, 1981, IN THE COUNCIL CHAMBERS AT CITY HALL, MAYOR HAPP PRESIDED, COUNCIL- MAN ZAUNER ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Smith moved the minutes of the April Cth meeting be approved as presented. Seconded by Councilman Saverud. Motion carried. CITY OFFICIAL REPORTS Fire Department for first quarter of 1981. City Treasurer for February, 1981. Fire Chief and City Judge for March, 1981. Councilman Saverud moved to accept the City Official reports. Seconded by Councilman O'Boyle. Motion carried. PUBLIC HEARING ARNDT ANNEXATION #128 ORDINANCE #976 Councilman Smith moved first reading of Ordinance #976, an ordinance to extend the City limits to include Arndt Annexation. The area is located at the south end of Third Avenue East and houses the new Forest Service building. Zoning is B3. Seconded by Councilman Daley. Mayor Happ called for opponents to the annexation. Hearing none, question called. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Fred Topp, President of Western Acres Homemaker's Association, addressed the Council concerning an agreement between their association and the City. He stated that the City agreed to make certain improvements on a sewer settling pond, on an outfall on Seventh Avenue West in the Spring Creek area, which have not been done. The building has been torn down, but a 7 foot chain link fence has not been installed. The con- tractor damaged the access road and did not repair it. Mayor Happ referred the problem to the Sewer & Water Committee for investigation. COMMITTEE REPORTS SAFETY Councilman Grainger announced a meeting of the Safety Committee, in conjunction with the Street & Alley Committee, at 3:30 P.M. Monday, April 27th. SEWER & WATER Councilman Granmo asked Director of Public Works Hafferman to review the Seventh Avenue West outfall before the next Committee meeting. GREENACRES WEST #4 REQUEST FOR SEWER SERVICE Director of Public Works Hafferm an reported that he has worked on a Developer's Ex- tension Agreement that will cover aspects for sewer connections outside the City limits. It would include that the Developer constructs the line and owns for 10 years. Any connections that come on between them and the end of line will pay on a pro-rata basis. The Developer would agree that Do one could hook-up without paying. City fees and annexing when possible to annex. City Attorney Donahue stated that since the law is not clea-r whether we can enter into such an agreement, we will stipulate that the Developer will defend if a third party challenges and the City would incur no liability. Councilman Ruiz stated that he agreed with the concept, but what will it do to our policy of annexation. City Attorney Donahue stated that if an area is not congiguous to the City, they cannot annex. Councilman Granmo moved that Mayor Happ be authorized to sign the following.letter of agreement and conditions: April 14, 1981 Farmer's Home'Administration 35 West Reserve Drive Kalispell, MT 59901 Re: Greenacres West Unit No. 4 The City of Kalispell will accept sanitarysewage from Green- acresWest Unit No..4 when the.followi.ng,conditions have been met: l -- the necessary e:xt.ensions. to the city system have been com- pleted`to our specifications 2 - a repayment and line extension.agreem nt has been executed by the city and the developers: 3 - an agreement with Flathead Utility -Co. has been entered into'for collection of monthly fees to be paid to the City. 4 -- the developers waive the right to protest annexation to the`City and waive the right to protest Special Assessment Proceed- ings for storm drainage, sidewalks and. street widening. The City has adequate collection and .treatment capacity and it is feasible for the development.to connect to city facilities. Very truly yours, Seconded by Councilman Smith. Motion carried. 'PURCHASE OF LAND FOR SLUDGE DISPOSAL Councilman Granmo reported that to satisfy the 201 Project as it progresses, it will be necessary to sign a Buy & Sell Agreement'for 40 acres of land owned by Henry Siderius. Partial payment will be made by EPA.. Mr. Paul Stokes, with Stahly.Engineers, explained that the land would be used for periods of time when farmers do not need the sludge, 120 acres will be needed by the year 2000. As.1oh g as Mr. Siderius owns his land, we can inject on about 300 acres. The,40.acre site'has_been approved,by the Water Quality Bureau, It. has to be tied up before it can be funded. It will be. funded on either an 85,-15% or 75-25% basis. Councilman Smith moved to enter into an agreement with Mr, Henry Siderius to purchase a 40 acre tract of•land for sludge disposal effective-uritil one year from date of signing. Seconded by Councilman Saverud. Counci]man'Granmo abstained because Mr, Siderius is a relative. Motion carried: SEWER PIPE BID Councilman'Granmo reported that after two meeings, the Sewer 4 Water Committee awarded the bid for sewer pipe to Waterworks Supplies Company,, Steve Hartley, representing Ag & Turf Irrigation, stated his company was lour bidder and because they bid.10' joints instead of 12XZx, as specified., the bid should not be taken from them. He stated they had both sizes, but understood from someone at City Hall that the length did not matter. Since the better price was on the 10' joints, that was what they bid. 'Councilman Granmo.stated that on advice from counsel, their bid did not cover the specs and no alteration is allowed after bids are open. 1 1 UiTector.of Peiblic.Works Ha.fferman said if a significant better monetary price had been bid, - the"Council could have considered it, but 1� per foot:was not significant for consideration. M Councilman'Granmo stated that the bid will be let to Watdrworks Supplies Company. CITY. DEVELOPMENT ;Councilman'Saverud reported that when the specs for demolition of Old City Hall were r�wn,. one thing was overlooked -- moving the radio for the Director of Public Works to New..City Hall. It will cost an. additional $1,163.97. RESOLUTION 43326 Councilman Saverud moved to_adopt Resolution #3326, a resolution to accept Change Order #1 on Demolition of Old City Hall Project (#1-81). to move the radio to New City Hall. Seconded by Councilman Smith.. Roll call vote. All voted aye. STREET & -ALLEY -CLOSURE OF BLOCK 21 ALLEY Councilman O'Boyle read the following request: r , FARMERS UNION EXCHANGE customera Where the r Phone: 755-9425 55 4th Ave. EN KAUSPELL, MONTANA 59941 April 11, 1981 Mr. F..T. O'Boyle Streets And Alleys, Kalispell City Council Kalispell, Montana 59901 Dear Mr. O'Boyle, Subject: The alley of block 21, City of Kalispell, Montana. CENEX -- Farmers Union Exchange and Grainger Insurance Agency, would like the City Council of Kalispell, Montana to take action to abandon and blockade the alley of Block 21 between 4t11 Ave. E.N. and 5!' Ave. E.N. Due to the incresed East & Vest traffic thru the property of the Farmers Union Exchange, sauce the construction of the Gas Card island. There have been several close accidents when vehicles traveling south on the alley encounter the west traffic on the Farmers Union Exchange property. Attached is copy of prior agreement on abandonment of this alley also a diagram of the area. Sincerl.y, . Farriers union Exchannge, Grainger Insurance Agency, I 0 x Councilman. O'Boyle stated that his Committee will review the request at the meeting on April 2.7ih, at 3:30 P.M. 182 PARKS, RECREATION & AIRPORT Councilman Daley reported that the Parks & Recreation Committee met and awarded the bid for swim pool repair to Pack & Company. Bob Niebor addressed the Council regarding the summer tennis program. He reported that Jerry Peach could not teach this year as he has accepted a position in Great 'aFlalls. However, he recommended a young man, Mike Patrick, who may be interested in the job. The City agreed to hire two assistants, but because of a lack of funds, could not promise any improvements on the courts. ANNEXATION Councilman Smith reported that the ordinance to enact a zone change for the High Noon office building will have a second reading at the next regular meeting on May 4th. JUNION HIGH SCHOOL ANNEXATION Councilman Smith reported that Mayor Happ, Director of Public Works Hafferman, Police Chief Stefanic, Street Foreman Clements and she inspected the road that is a parcel of this annexation. The road has also been inspected by County Commissioner Diest and County Road Foreman Phillips. At this time, Flathead County and School District #5 do not have funds to improve the road, as requested by Councilman 0' Boyle. Superintendent of Schools, Keith Allred, stated that the annexation proceedings started over two years ago because, of a problem of policing the area and it was thought that it would be better to have it within the City. Otherwise, Mr. Allred thought that it did not really matter to the School Board whether or not it was annexed. He stated that he would like to approach the Board and see what feelings they have at this time. ORDINANCE #974 Councilman,Smith moved to enact Ordinance #974, an ordinance to extend the City limits to include Junior High School Annexation #97 with the following conditions: 1) School District #5 will dedicate 20' easement from Block 22 to widen the road, and 2) The City shall not be responsible for removal of snow from the bike route. Seconded by Councilman Ruiz. Councilman Daley spoke against the motion because of the added expense to the City for services. Councilmen Granmo and Ruiz felt that annexation would be an advantage because of law enforcement. Mr. Allred said that regardless of whether the annexation is approved or not, he has nothing but praise for the cooperation between the School District and the Fire and Police Departments. Question called. Roll, call vote. Councilmen Grainger, O'Boyle and Daley voted nay. Councilmen Granmo, Saverud, Smith and Ruiz voted aye. First reading of Ordinance #074 passed. Coun cilman Smith reported there will be a meeting of the Annexation Committee at 3:30 P.M. on Wednesday, April 22nd; for the purpose of discussing the resubdivision of Gibson Addition, BNRR zoning request and to review the preliminary ordinance regarding a fifth member of the Zoning Commission. FINANCE RESOLUTION #3327 Councilman Ruiz moved to rescind Resolution #3279, a resolution finding that one or more of the special'_assessments under S.I.D. #315 and 316, on certain lots in said district, are delinquent and declaring that all payments of subsequent in- stallments thereof are delinquent, and directing the City Clerk to certify same to the County Clerk of Flathead County to require the Flathead County Treasurer to collect same. Seconded by Councilman Smith. The property has been sold. There are delinquent taxes and S.I.D.'s for 1977, 1978, 1979 and 1980 in the amount of $115,678.85. The new owners have -agreed to pay a monthly amount, plus 10% in- terest until all back taxes are paid, also, to keep taxes current. Roll call vote. All voted aye. Councilman Ruiz moved that Mayor Happ be authorized to sign an agreement to accept monthly payments on back taxes and S.I.D.'s. Seconded by Councilman Smith. Motion carried. 1 1 Mayor Happ presented a report from"Finance Director Swanson, showing $196,495.86 in protested taxes and $160,574.40 in delinquent taxes. If these amounts remain unpaid, it presents a grave picture for revenues for this fiscal year. Cuts will have to be made in services and personnel. Mayor Happ expressed her disappointment in the State Legislature for failure to create any kind of revenue for cities. Some cities are going to be bankrupt. Kalispell will have to take a long, hard look at expenditures for the remainder of the budget year. ORDINANCE #977 Councilman Ruiz moved first reading of Ordinance #977, an ordinance to amend Sections 2-8 and 2-22 of City Code to abolish the elected office of City Treasurer and to establish the office of Clerk -Treasurer to.be covered by $10,000 bond. Effective date to be January 4, 1982, and the incumbent shall hold office until effective date. Seconded by Councilman Granmo. Roll call vote. All Noted aye. EMPLOYMENT & FINANCE Councilman Ruiz moved that the Finance and Employment Committees be authorized to negotiate with Attorney Dan Johns to hire as labor negotiator for this year. Seconded by Councilman Granmo. Councilman Smith moved to amend motion to add "with power to act": Seconded by Councilman Granmo. Motion on amendment carried. Motion carried. MISCELLANEOUS The City Development Committee will meet with representatives of the Chamber of Commerce at 3:30 P.M on Thursday, April 23rd, to determine whether or not: -they want to buy the old depot. May 1st and 2nd will be May City Spectacular Days with sidewalk sales. The VFW Post #2252 donated two flags to Woodland Park, a United States flag and a state flag. Dedication was April 16th. The VFW Post has donated five flags to the City in the past. Councilman Grainger moved to adjourn Minutes approved as presented May 4, 1981 MarjoGiermann, City Clerk Seconded by Councilman Daley. Carried.. 1)�" e , _�v4q/ Norma E. Happ, Mayor