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05/04/87 City Council Minutes522 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MAY 4, 1987 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Regular Meeting April 6, 1987 Councilman Schindler moved the minutes be approved. Councilman Nystul seconded and the motion carried. Special Meeting April 8, 1987 Regular Meeting April 20, 1987 Councilman Nystul moved the minutes be approved. Councilman Schindler seconded and the motion carried. BID OPENING: West Side Park Demolition 1. LHC, Incorporated, License 5459A, 10% Bid Bond Alternate 1 $6,995.00 Alternate 2 6,995.00 2. McElroy & Wilken, Inc., 3529A, 10% Bid Bond Alternate 1 9,777.77 Alternate 2 7,777.77 3. Lyford Plumbing & Heating, 3116A, 10% Cashier Ck. Alternate 1 11,866.00 Alternate 2 10,866.00 4. Owens Construction, 6706A, 10% Cashier Ck. Alternate 1 20,839.00 Alternate 2 2,665.00 Councilman Schindler moved the bids be referred to the Commmunity Development and Public Buildings Committee with power to act. Councilman Nystul seconded and the motion carried. 1 ADDRESSING THE COUNCIL ' Steve Herbaly, Planning Director, Flathead Regional Development Office Steve Herbaly explained the annual report was prepared in January and the reporting format has been changed to run March through April. He said the level of applications is up from last year, however, actual formal applications for subdivision review are down a little bit. The non -application work related activities have been expanded to make up for the lull in subdivision work activities. He stated he will be coming in on a quarterly basis and giving an update on the activities from the preceeding 3 months. He reported in March a training workshop was held for Planning Boards, Board of Adjustments, and elected officials. The Workshop video tapes will be aired on Tuesday and Wednesday evenings, the last 2 weeks in May and the first week in June. The tapes will be cablecast. There were 7 different tapes produced approximately 2 hours per evening. The Daily Interlake Entertainer will be carrying the FRED Educational channel schedule. Water Quality Bureau Steve Pilcher, Chief of the Water Quality Bureau, stated he would like to address a joint problem the WQB and the City of Kalispell have. He stated the City did submit a compliance schedule and was approved by the WQB. He close ' said the WQB may not be able to meet that schedule, but is important to stay as cse as possible. He said the WQB feels the City of Kalispell is a key element in their strategy to control water pollution in the Flathead drainage. He said Kalispell is the largest populated area and is contributing as much waste to the Flathead Drainage System as many other communities combined. He stressed the importance of dealing with this problem as rapidly as possible and yet solve the problem so it is economically feasible for the community and realistic for the people involved. He said it is a mutual problem but feels the City needs to assume a leadership role. He said the WQB is available to assist in whatever way possible. 523 1 Montana's Water Quality laws are attempting to ensure high quality unless it is demo strated to the the Montana State Board of Health and Environmental Sciences that some7lowering of quality or degradation is justifiable from a social or economic The proposed alternative of a discharge to the Flathead River, even though sewage finds it'slway into the Flathead River, via Ashley Creek, would be deemed to be causing some degradation. There is a procedure that has been established that has been explained to the Mayor and some Councilmembers. There is a timely schedule for the City to be issued a permit in accordance with the provisions of the non degradation section of the law.) The water discharged into the Flathead River needs to be of the same quality as the river being dumped into. That may be a difficult task so the City needs to appeal those permit conditions to the Montana Board of Health and ask for some relief. It need The explained that the changes of water quality in the Flathead River would be extremely minimal and based on social and economic reasons, the change or degradation in water quality in the Flathead River is justifiable, in the best interest of the City of Kalispell and is not jeopardizing our water resources. Scott) Anderson, Construction Grant Section, passed out information on the nondE radation procedure. He reviewed the procedure to request a waiver from the Board of Health. Lake Nystul asked if the situation with Evergreen is similar to Kalispell. .r stated the Aquafer in Evergreen is not used for public water supply in many It is not as bad as it could be due to not many people relying on it for their supply. Nystul asked if that contaminated Aquafer eventually ends up in Flathead stated it did. He also said that everything that goes into the groundwater in n also finds it's way into Flathead Lake. He said that is why Evergreen is of to them from a nutrient contributor standpoint. Nystul asked who has the jurisdiction in Evergreen to address the problem. r said it would need to be a joint effort by several levels of government. This include the state and City -County Health Department. Nystul asked if the imposition of a septic tank moratorium would force to address the problem more rapidly. Pilch er agreed that it would. Councilman Nystul asked if the state was willing to do that. Pilcher stated the state is, in a sense, sort of issuing a moratorium on any additional development. He said legally he did not know if the state has the authority to issue an outright flat septic tank moratorium in that area or not. It may come to that. Through this process, the state has been hopeful the area would address the problem on it's town. The state does not like to be in a position to dictate to them. The state is continuing to meet with the Flathead Basin Commission and other key members in the area. He added now is the ideal time to include Evergreen in facility planning as far as the problem. Councilman Nystul stated the compliance permit time table given to the City differs from the original one as far as the discharge permit. Pilcher stated that was correct. He said to go through the Board appeal of the permit could have been resolved had the City initiated it 6 or 8 months ago. There may need to be some adjustments. He suggested once the revised schedule has been made up, it wouldlbe issued by the WQB in the form of an order. Pi al al plant, stated there will probably be a lot of public opposition concerning the ive of direct discharge of treated waste water to the Flathead River. He has received that with several groups. He suggested informing the people. Lman Nystul asked if there was enough public opposition, would the Board of deny the discharge to the River and we would be back to Ashley Creek at the 524 Pilcher said yes, it was a possibility for the Board to choose that option. He stated the City could go back to Ashley Creek for the summer months. Councilman Nystul asked about the Sludge Handling Facility completed, why weren't we allowed to do some head work when the sludge handling was done, because it has caused excessive wear on our pumps in the sludge facility. Scott Anderson replied the WQB had planned to revamp the Head Works Treatment Plant. It did not fit into the schedule at the time and will be done. Glenn Manning, resident of Kalispell, stated if there is a breakdown of the water treatment plant, this will lead to further polution to the river. He also said Canada is having problems concerning the phosphorous and said he felt further research should be done before a decision is made. COMMITTEE REPORTS: PARKS & PUBLIC LANDS Recommendations for Airport Councilman Manning reported after many meetings and recommendations from the Mayor and Community Development Director Gallagher, it is the Committee's recommendation to terminate the lease of the Airport Association and the goal to put the airport under the guidance of the Community Development Department. Councilman Manning moved to authorize the Mayor to send notice to Kalispell Airport Association Inc., to terminate the lease in accordance with the airport lease agreement. Councilman Nystul seconded and the motion carried. FINANCE & ADMINISTRATION Approve Claims Councilman Nystul moved the claims found in order be paid. Councilman Ruiz seconded and the motion carried. Resolution 3725 - Telephone System Financing A resolution relating to the Montana Economic Development Board's Intercap Program, approving and authorizing participation therein and approving the commitment agreement. Councilman Nystul reported Clerk Halver has found financing for the telephone system through the Montana Development Economic Board. Councilman Nystul so moved Resolution 3725. Councilman seconded and the motion carried on roll call vote. PUBLIC SAFETY Committee Meeting Councilman Schindler announced there will be a Committee meeting Wednesday, May 6, 1987, at 4:00 p.m. ANNE{ATION Reduction of Zoning Councilwoman Hafferman asked David Greer to give an update on the reduction of zones within the City limits. He handed out a list of the proposed zone changes and reviewed them with the Council. COMMUNITY DEVELOPMENT Report on Southwest Sewer Project - First Public Hearing, April 23rd Councilman Saverud reported the first public hearing on the Southwest Sewer Project was held April 23, 1987 with standing room only. He announced the second Public Hearing will be held May 5, 1987 at 7:30 p.m., with the 3rd being in conjunction with May 18, 1987 regular Council meeting. Street Abandonment Fourth Avenue West Councilman Saverud moved the City Attorney be authorized to prepare any needed documents and Mayor to sign the same to vacate that portion of 4th Avenue West which abutts Lots 1-4 Block 71 Kalispell Addition. Councilman Schindler seconded and the motion carried. Committee Meeting Councilman Saverud announced there will be a Committee meeting Wednesday, May 6, 1987 at 3:45 p.m., to review the Demolition bids. 1 525 PERSONNEL & POLICY Report on Police Liability Insurance Councilman Grainger moved the time table to join Montana League of Cities & Towns be moved up to be effective now and with renewal of the policy in July. This is due to the high rate quoted for renewal of our present police liability coverage. Councilman Saver d seconded the motion. After discussion, the motion carried. PUBLIWORKS High hoot Sewer Hook-up Counc lman Ruiz reported the High School has requested a sewer hook up on the completed 5th Avenue West. There was communication with the School before the 5th Avenue West reconstruction with no response. Now the Avenue is completed and will have to be torn up tolhook up the sewer. MayorlKennedy pointed out the City staff mode no errors concerning this mixup. WATER & EWER Water MaSin Crossing Bid Councilman Nystul reported the comittee, having power to act, has accepted the bid of Ed Boland Construction Inc., for the Water Main Crossing bid. The [dater & Sewer Main Materials and Water Service Fittings and Tubing bids were awarded to Waterworks Industries Inc. ACKNOWLEDGEMENTS, ANNOUNCEMENTS & APPOINTMENTS Mayor) Kennedy announced the temporary appointment of Wayne Saverud to the Finance Committee pending the appointment of the new Councilmember. He has also appointed Councilman Nystul as acting chairman of the committee. Counc ADJOU Counc and t APPr ATTES Don H Grainger announced there will be a Council Workshop following this meeting. ian Grainger moved the meeting be adjourned. Councilwoman Hafferman seconded meeting was adjourned at 9:25 p.m. d as presented May 18, 1987 4 t Ed Kennedy, yor , Clerk/Treasurer