12/03/90 City Council Minutes333
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 3, 1990, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -November 19, 1990
Approve Claims per Payables Register
ADDRESSING THE COUNCIL: No one addressed the council.
ORDINANCES & RESOLUTIONS
Ordinance 1165-Second Reading -Amend Zoning Ma
Larson moved Ordinance 1165, an ordinance to amend Section 5.01,
Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance 1110)11 by zoning Lot 1, Walker Addition #96,
(previously zoned Residential Apartment, RA-1) General Business,
B-2, in accordance with the Kalispell City -County Master plan,
and to provide an effective date. The motion was seconded and
carried with a roll call vote.
BUSINESS FROM MAYOR & COUNCIL: There was none.
BUSINESS FROM MANAGER:
Parking Lot Leases-BN and Trippets
Williams referred to the memo from City Attorney Neier regarding
problems related to two parking leases the city currently
enforces as part of our overall off-street parking problem. The
first lease regards the BN Lot which the city leased to provide
parking for student demands of the college, since the college has
how relocated to its new location there is no longer a need for
the lot. He recommended the council authorize him to terminate
the BN lease.
The second lease is with Ed Trippet for 42 parking spaces known
as the Trippet Lot. The situation has been complicated by a
disagreement between two property owners regarding ownership of
certain spaces in the lot making it difficult for proper
enforcement. He recommended that council authorize him to
terminate the lease agreement with Trippet.
Trippet informed the council he was unaware of the problems and
would like better communication.
The two lot leases will be handled separately.
Collins moved the council authorize the city manager to terminate
the BN lease. The motion was seconded and carried with vote.
Regarding the Trippet lease, after discussion, it was agreed to
return the issue to staff, until Williams can speak with Trippet.
Leonard Nash -Storm Sewer & Special STreet Maintenance Assessments
At the last meeting Leonard Nash appeared before council to
discuss his concerns regarding the amount of the city assessments
for storm sewer and street maintenance. Mr. Nash owns
approximately 10 acres of property which was recently annexed to
the city and the assessment charges are appearing on his tax bill
for the first time. City Attorney Neier issued a memo outlining
the general laws relating to the assessments and a general
discussion of the local philosophy regarding same. After
reviewing the situation Williams agrees with Neier's report and
does not believe that any relief should be granted on either
assessment.
Neier's report points out Ordinance #862 establishes storm sewer
rates based upon the classification of property within the city.
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The classification of property are based upon a "coefficient of
runoff" with lots having impermeable cover such as concrete being
assigned a high coefficient and lots with soaking ability being
assigned a low coefficient.
Mr. Nash indicated that the property under question is being
utilized, to grow alfalfa. The classification for this use in
the city ordinance identifies it as a cultivated field assigning
a .20 runoff coefficient. The city has two other surface types
with lower runoff coefficient, but they do not apply.
It appears that the classification is totally appropriate in this
case. The other issue relates to one of benefit. The property
is drained into adjoining drainage ditches which bring the storm
water into the city's collection system. There is a question
regarding who has jurisdiction over the maintenance of the
drainage ditches fronting this property and one might conclude
that the city should take responsibility for maintaining that
portion of the drainage ditch that is inside the city limits. He
will be discussing the issue with the Public Works Director to
more clearly define the city's responsibility. It appears that
the assessment for storm sewer maintenance has been applied in a
fair and equitable manner consistent with the ordinance and its
application in similar situation. Williams recommended that no
relief be granted for the storm sewer assessment.
The special street maintenance assessment on the Nash property as
per ordinance #1035 has been assessed at $.00275 per square foot
to assist at raising a total of $174,590. The philosophy being
that street maintenance generally should be the responsibility of
all property owners in the community, regardless of whether or
not their property borders a city street or receives the direct
benefit of maintenance. Because the assessment is based on the
square foot of property owned, owners of larger parcels within
the city pay more for street maintenance than do the owner of
smaller parcels.
Williams stated because maintenance of city streets provides
benefits city wide it would not be appropriate to reduce or abate
the street assessment on Mr. Nash's property.
Buck moved to accept William's recommendation and to authorize
him to, notify Nash indicating the council's position. The
motion was seconded and carried upon vote.
Taco Johns Agreement
The city has been trying to resolve a drainage problem at Taco
John's. The business has been discharging ground water from it's
basement through a sump pump onto the city right of way at Main
and Montana, causing deterioration of the curb and road surface.
To date the problem has not been eliminated because of the cost.
The city now has an opportunity to resolve the problem. Williams
requested council permission to enter into the agreement. Under
the agreement the city will provide labor, equipment and
materials and required to accomplish the following: 1. to
install pipe as -required from the clearwater sump curb outlet to
the city sewer system 2. excavate and repave the roadway access
approach as required to repair damage caused by the clearwater
discharge. The approximate cost will be about $1,100. 1. The
owner will reimburse the city for cost of pipes, and related
fittings as required. 2. Reimburse the City of Kalispell for
the cost of replacing the misaligned curbing. It is anticipated
approximately 40 lineal feet of curbing will require replacing.
3. The owner will also re -sod and maintain the boulevard area as
required. It is Williams recommendation that council authorize
him to enter into this agreement.
Larsen moved the council authorize Williams to enter into this
agreement with Taco John's. The motion was seconded and carried.
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FVCC Communication
Williams. explained the letter received from. Howard rryett
regarding the college intent to turn the old college properties
over to the city officially December 28, 1990. There is a
complete list of those items the college wishes to remove from
the old campus. There will be a walk through inspection on
December 28, 1990.
Buffalo Head Properties
Williams reported no bids were received. A new marketing strategy
will be addressed.
C.L. Brown Proposal
C.L. Brown will be addressing the next workshop. An
informational hand out was distributed.
Goals &_Objectives
Williams distributed material regarding ideas, concerns and
issues that various staff people have. This may be helpful for
the upcoming Goal Setting Workshop on Saturday.
NativityScene
A request was received from Jim and Kay Thomas to erect the
traditional nativity scene in Depot Park.
Atkinson moved permission be granted for the traditional nativity
scene to be erected in Depot Park. The motion was seconded and
carried unanimously.
STAFF REPORTS: None
ADJOURN: The meeting was adjourned at 7:40 p.m.
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ATTEST:
Amy H Robertson, Clerk -Treasurer
Debbie Liverman, Clerk of. Council
Approved as presented December 17, 1990