07/06/81 City Council Minutes2 06
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY,
JULY 6, 1981 IN TEE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. .ALL
COIINCILmiff, WERE PRESMT.
APPROVE MINUTES
Councilman Daley moved to approve the minutes of the regular meeting of June 15, 1981
as presented. Seconded by Councilman Zauner. Motion carried..
Councilman Ruiz moved to approve'the.minutes of the special meeting of June 18, 1981
as corrected by adding 'Councilman Grainger absent'. Seconded by Councilman O'Boyle.
Motion carried.
OPEN BIDS - Sludge Injector Vehicle
Ag-Chem Equipment Co.
4900 Viking Dr.
Minneapolis, Minn. 55435
Rickel Manufacturing Co.
P. O. Box 626
Salina, Kansas 67401
Bid Bond $108,780.00
Bid Bond $107,985.00
Councilman Smith moved to refer the bids to the Sewer & Water Committee with power to
act. Seconded by Councilman Grainger. Motion carried.
Mayor Happ welcomed Dan Black, managing editor of The Daily Inter Lake back to the
City news beat and thanked him for the Sunday editorial on downtown parking.
Tommy Thomas, of Thomas, Dean & Hoskins, Engineers, and Mrs. Thomas of Great Falls
office, presented the City with two pieces of art selected by Mrs. Thomas. Mr. Thomas
stated that the paintings are presented in appreciation for the business given to them
over the past ten years. Mayor Happ thanked them for the gift and told them one
would be hing= in the foyer and one in the council chambers. Council President Daley
thanked Mr. and Mrs. Thomas on behalf of the Council.
PUBLIC HEARING
ORDINANCE #981
Councilman Smith moved first reading of Ordinance #981 an ordinance to.amend the
Kalispell Zoning ordinance (Ord. #885, as amended) to provide for establishment and
composition of Kalispell Zoning Commission and qualification removed and replacement of
members; to provide that the Kalispell Zoning Commission adopt rules for conducting
its meetings and affairs and that chairman shall have a vote. Seconded. by Councilman
Granmo. There were no opponents to the ordinance.' Roll call vote. All voted aye.
PUBLIC HEARING
RESOLUTION #3346
Councilman O'Boyle moved to adopt Resolution #3346 a resolution finding that it is not
to the detriment of the public interest that an alley in Kalispell Original Townsite,
Block 21, be disconintued and ordering that same be vacated and closed. Seconded by
Councilman Daley. There were no opponents to the resolution. Roll call vote. All
voted aye.
PUBLIC HEAR2TG
ORDINANCE #983 - First Reading
Councilman Smith moved to enact Ordinance #983 an ordinance to amend the Kalispell
Zoning Ordinance to provide that the zoning in the South Meadows Annexation be
changed from RIME to R5MH. �Councilmian Sm t3 -l-,P- esexii&-d the fallowing-.'Eixnd:i.ngs-l6f
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F.R.D.O. EVALUATION: Based on ZONING TEST CRITERIA
I. Does the new zoning designation comply with the Compre;lensive
Plan?
Yes, the development was determined to be in compliance with
the Kalispell Comprehensive development Plan at the time of
annexation and zoning.
2. Is the new zoning designed to lessen congestion in the streets?
No, the requested zone will provide for an increase of 2 dwell-
ing units per acre, thus, the associated traffic will generate
additional congestion in existing and future rights -of -way.
This will amount to a change from 1266 vehicle trips per day
to 1662 vehicle trips per day accessing to Airport Road, an
increase of approximately 33% over existing zoning.
3. Will the new zoning secure safety from fire, panic and other
dangeer?
Provisions for safety will remain virtually the same, with
municipal protection provided.
4. Will the new zoning promote health and general welfare?
Yes, the new zone will provide for more expeditious development
of the property and provide needed properties for mobile home
development in an area provided with municipal services.
5. -Will the new zoning provide adequate light and air?
Yes, the requested zone, though designed far a minimum lot
area, does provide for adequate light and air.
6. Will the new zoning prevent the overcrowding -of land?
An arbitrary point; if the request is approved -it will permit
a density of 3 units per acre, however, it does provide ade-
quate space per unit and helps reduce pressure on nonurban
and agricultural areas. The R-5 zone is presently imposed
on approximately 160 acres of land within the City of Kalispell
7. Will the new zoning avoid undue concentration of population?
?,gain, an arbitrary point; the request will permit an addition-
al 2 units per acre over the existing zone, however, the zoning
.3rdinance was developed to provide various concentrations
of population., thus the zone requested is deemed as not creat-
ing an undue concentration of population.
E. Will, the new zoning facilitate the adequate provisions of
transportation, water, sewage, schools, parks and other public
requirements?
Yes, through the zoning and subdivision regulations and im-
provement agreements with the City, these provisions shall
be met.
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q. Does the new zone give consideration to the character of the
area?
Yes, from the standpoint that the area has been previously
approved and zoned for urban development, and is compatible
with adjacent zones.
IC. Does the new zone give consideration to.particulaz suitability
of the property 'for particular uses?
Yes, in the fact that the site has been previously approved
for development and that it is compatible with adjacent zoning
and the new zone will facilitate development.
11. Is the new zoning being,re.quested with a view of conserving
the value of buildings?
No, the entire site is vacant.
12. Will the new zoning encourage the most appropriate use of
land throughout the municipality?
Yes, since there are no other areas of the City which provide
for this zoning and development type.
Seconded by Councilman Zauner.
There were'no proponents present to speak for the motion and no opponents present
to speak against the motion.
Question called. Roll call vote. All voted aye.
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C OMP+LCTTEE REPORTS
FINANCE
Councilman Ruiz moved to approve all renewable liquor licenses with paid fees and one
new one - Cup .of Sun - located in the Akers Building. Seconded by Councilman. Grainger.
Motion carried.
Three establishments have not renewed their licenses —The Bulldog, The Pizza Hut, and
Buffalo Hill .Golf Course. If their applications and fees are not in the mail tomorrow,
Mayor Happ instructed Police Chief Stefanie to investigate these establishments as they
have all been billed and the Treasurer should not have to remind them ageln.
BEA TE
Councilman Ruiz reported that we have paid Flathead. County Health Board $28,600 of the
$33,000 due them under the Iriterlocal Agreement. A percentage equalling taxes paid
under protests and delinquent was withheld. The Board will be -meeting July 16th and
the budget reviewed. There may be no need for further funding -if the budget was not
all expended this year.
Councilman Ruiz reported that Mayor Happ and he have been reviewing budget and department
heads seem to be tightening up on requests.
ANNEXATION
RESOLUTION #3347
Councilman Smith moved to adopt Resolution #3347 a resolution to accept Roberts
Resubdivision, with the following conditions: 1) provide a 5' snow removal easement
on 6th Street West; 2) place fire hydrants as directed by Fire Chief; 3) waive the
right to protest the creation of S.I.D.'s for water, sewer, storm drain, sidewalks,
curbs, gutters or street improvements; and 4) abandon a portion .of:=street. Seconded
by Councilman Ruiz. Roll call vote. All voted aye.
EMPLOYP=
Councilman. Zauner reported that he has advertised for a water superintendent to replace
Joe Longpre who is retiring. He will be accepting applications until July 15th.
PARKS, RECREATION, ADIPORT
Councilman Daley reported that due to the nice weather the parks and airport are being
used to capacity.
STREET & ALLEY
Councilman. O'Boyle moved that the City Clerk publish notice for a public hearing for
street abandonment of that portion of llth Avenue West which protrudes into Roberts
Property. Seconded by Councilman Smith. Motion carried. (Resolution #2807, dated
July 6, 1971 abandoned this street)
ORDER IN CURBS
Councilman 66ylemoved that Director of Public Works Hafferman order in new sidewalk on
4th Street West in Block 73 near Elrod School and the cost be split between the two
abutting property owners. Seconded by Councilman Daley. Motion carried:.
CITY DEiiELOP=
Councilman Saverad reported that on June 26th, Congressman Pat Williams announced that
the City would receive a $40,000 grant for beautification and preparation of two parking
lots - one by City Hall and the other south of the Eagles Club. An additional $10,000.00
will come from the State, making a total of $50,000 for the project.
Councilman Saverud moved to direct Public Works Director Hafferman to advertise for bids
for the parking lot project. Seconded by Councilman. Zauner. Motion carried. Paul
Palmer, Chairman of the Parking Commission, will check with Mr. Hafferman on specs for
the project. Bid opening will be August 5th.
Councilman Saverad moved that Mayor Happ be authorized to sign agreements for HUD loans
with First Federal Savings and Loan and First Northwestern National Bank which will be
sent to the HUD office for approval. Seconded by Councilman Zauner. Motion carried.
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Councilman Saverud moved that Mayor Happ be au.*!uriaed to advertise for sealed bids with
power to accept or .,tire jest, for sale of a piece of land. owned ' by the City at the end of
let Avenue West at 18th Street. The Land is not being used by.the City except for a
sewer easement and there is an interest in purchasing. Seconded by Councilman O'Boyle.
Motion carried:
_ SEWER & WATER
Councilman Granmo'moved .that Project C-30o263-012, a sewer survey done by Chemseal, Inc.
be accepted. it was completed February 21st, but final papers by Chemseal.have just
come in.' Seconded -by Councilman --Smith. Motion carried.
Councilman Granmo moved that the City accept sewage<- from, North Valley Community
Sewer District, a;,development north -of the City, conditional on approval. by City
.Attorney Donahue and Public Works Director Haffermau.
-_ -1.. ' S'econded''.Courici]man Smith. Following is the agreement:
DRAFT OF CONDITIONS OF AGREEMENT -FOR CONNECTION
` TO THE CITY OF'KALISPELL SEWERAGE SYSTEM
1. The City.of Kalispell shall accept sewage from the North Valley County
Sewer -District into the Kalispell Sewerage System at a point. located 'in .
the intersection of Main Street and. Arizona Street. The North Valley
County Sewer District may be::enlarged from time to time; however, the
limitation upon the District,.as to size and growth, shall be the caps. --
city of the existing 12 ".sewer in lst Alley East. The capacity of this
sewer has been determined to be 1200 GPM at a peak flora rate. The -City-
shall construct a 12" sewer from the intersection of Main and Arizona
Streets.- to the 12!' main existing on January 1, 1981, on 1st Alley East
or to any other main within the City which will allow the District the
same rate. of flow.
2. The City shall transport to the Treatment Plant and treat the sewage
received from the District at Main and Arizona' Streets.
3. The City shall grant easements across City property to the Sewer District
for the installation, operation and maintenance of 'the District's im--
-provements . The City may connect City -owned facilities in Lawrence Park
to- the force main, at no charge to the City for connecting, wheal' such
facilities are constructed.
4.. The improvements constructed'by the District shall be approved,by the
DHES, the City, and be -constructed in accordance with City standards'.
S. The City shall construct all necessary. improvements for the transmission
of the Distri.ct¢s sewage to Main'and Ar zona.Streets intersection. The .
cost of all improvements"shall be bourne by`the.District.
6. The sewage received by the City shall bo'non-septic and shall not be of
a quality less than the sewage inflow to the Wastewater Treatment Plant
on July 1, 1981, When the volume of'flow:fro3m the District exceeds:
million gallons per day, the: District shall be required to discharge
during off-peak flow hours. Off --peak flow hours shall be between 10:00
P.M. -and 6:OO A.M., and shall only be modified by agreement between the
District and the City.
7. The District shall pay the City of Kalispell for the sewage received by
the City from the District.. 'The. sewer rate paid.by the District shall
be based .on.'the'amount of metered flow,,,
metering provided by the
District. 'The rate charged by the City to the District shall be the
same rate..charged by the.City of Kalispell to its' -residential users
located outside the City, based on the rate charged for the first
26,000 gallons of bi-monthly usage.
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8. It is understood that the District may charge its users a legal hook-up
fee and the City of Kalispell shall not be entitled to any hook-up fee
prior to.annexation. The hook-up fee charged will be used solely by the
District for debt retirement, maintenance and operation. If any portion
of.the berth Valley County Sewer District is annexed to the City, the
District shall continue to pay off all outstanding indebtedness of -that
portion of the District annexed_ The City shall assume the maintenance
of any sewer mains and appurtenances within the annexed area, at which
time the City's established rate for service and hook --up shall apply.
The District shall dedicate all sewerage improvements, with necessary
easements, within the portion annexed to the City.
9. The District shall by this Agreement waive the right to --protest annexa-
..tion to the City of Kalispel%;.or.all or any partof the District. The
City by this.Agreement, shall not initiato the annexation process:until
development within the.portion to be annexed reaches 80 percent of -the
approved plan development of the area to be annexed_
10. The District agrees that when properties within the City of Kalispell
served by the sewerage system are assessed for improvements, modifica-
tions and/or enlargements of the City sewerage system, properties within
the District shall also be.assessed. The assessment shall be pro -rated,
based on the total volume of wastewater recorded at the Treatment Plant
to the volume recorded from the District.
11.. The District boundary covered by this Agreement shall be within the total
area between Whitefish Stage Road and the Stillwater River, lying south of
Reserve Drive and between Whitefish Stage Road and the Whitefish River,
lying south of Reserve Drive and north of Evergreen Drive. The total area
may be increased or decreased by written agreement between the District
and the City.
12.. The construction -.of water systems, roads, walkways and storm drainage shall
also be constructed in accordance with City standards. This Agreement shall
also include the waiver.of right to protest a'S..I,D,, after annexation, -for
construction of curbs,'sidewalks, sewered storm drainage and street lighting,
if the majority of occupied properties so request, or it is deemed'. by the
City, to be necessary for the health, safety and/or welfare of the citizens
of the annexed area.
Afte'r.d.iscu.ssion, question called. All voted aye. Motion carried.
INSURANCE
Councilman Grainger reported that Mayor Happ has written to Montana'Physicians Service
with a:request to extend our group health coverage until August let.
SAFETY
Councilman Grainger moved that City Attorney Donahue be directed to draw an ordinance
to -require all city vehicles to operate with headlights on. Seconded by Councilman.
Smith: Councilman. Grainger explained this was a recommendation from the Safety
Awareness Catmittee.. The committee felt th4 vehicles are loading, unloading or slow
moving and_do not have.,good safety measures and this would help especially in winter
mouths.
City Attorney Donahue recommended that it be adopted as policy rather than an ordinance
beemase of insurance liability.
:Councilman Smith withdrew her second. Councilman Grainger withdrew his motion.
Councilman Grainger moved to refer back to the Safety Committee. Seconded by Council-
man Smith. Councilman Granmo stated he felt this was an administrative decision as to
which vehicles, when and where. Question called. Councilman, Granmo, Saverud. and
O'Boyle voted nay. Motion carried.
MISCELLANEOUS
Mayor Happ reminded Council that the Revenue Sharing Hearing is scheduled for
7:30 P. M. Thursday, July 16-th. Regular council meeting will be July 20th. The
all day budget meeting will be July 22nd at City Hall. August 5th will be the
regular and budget hearing and August loth will be the final budget meeting.
The Tri-City meeting will be at.the Viking Lodge in Whitefish at noon July 8th.
City Attorney Donahue reported that,he has prepared a lease agreement on the old
depot building with the Chamber of Commerce. The Chamber will pay $1.00 a year
for the lease, do all the remodeling and maintenance and run for a period of
20 years with two extensions of 5-years' if needed. Any use will have to be reason-
ably associated with chamber work. There will be no retail sales allowed other
than souvenirs. If destroyed by fire, City would reLauild. The Chamber of
Commerce shall carry $1,000,000 in liability insurance. The agreement is being
studied by Attorney Gary Christensen before being signed.
Mayor Happ reported that she has retained Mr. Tom Flynn to do a sewer study and
new rules and regulations for a sewer rate increase.
Mayor Happ reported a letter from Alden Beller, President of the Board for Retarded
Citiziens, thanking the City for all their assistance to the handicapped for
acquiring individual living quarters and a special thanks to Community Development
Director Ed Gallagher.
Discussion on an ordinance regarding chalking tires now that most of the meters have
been. removed. Paul Palmer, Parking Commission Chai3 man and Police Chief Stefanie
both felt the meter maid can handle and should wait and see how things work out.
RESOLUTION #3348
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Councilman Grainger moved to adopt Resolution #3348.a resolution to create Special
Improvement District #333 in the amount of $65,000 to extend water and sewer lines
in the GiUson. Addition. Second.ad by Councilman Granmo. Roll call vote. All
voted aye. 1�-
Councilman Grainger moved to adjourn. Seconded by Councilman Saverud. Carried.
Minutes approved as presented
July 20, 1981
ATTEST:..
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Mar' rie Giexmann, City Clerk
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Norma. E. Happ, Ma, or