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July 6, 1981 Council Meeting MinutesL" 49 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, JULY 6, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. 1�-14, f 00110 _ 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 Bid Bond $108,780.00 Rickel Manufacturing Co. P. d. Box 626 Salina, Kansas 67401 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 hung 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. RESOLIITION #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. 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 %MH to RSMH. Xouncilman Smith presented the following 'Findings of Fact': 206A II. F.R.D.O. EVALUATION: Based on ZONING TEST CRITERIA 1. Does the new zoning desi-,nation comply wit?) the Comprehensive 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. Vill the new zoning provide adequate light and air? Yes, the requested zone, though designed for 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 8 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? Again, an arbitrary point; the request will per-mit 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. 8. 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. 206E °. 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. 10. Does the new zone give consideration to particular 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 requested 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. r u14r yyal 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 again. Councilman Ruiz reported that we have paid Flathead County Health Board $289600 of the $33,000 due them under the Interlocal 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. EMPLOYMENT 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, AIRPORT 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 6oylemoved 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 DEVELOPMENT 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 $109000.00 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. 4,08 Councilman Saverud moved that Mayor Happ be authzrized to advertise for sealed bids with power to accept or reject, for sale of a piece of land owned by the City at the end of 1st 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-300263-012, 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 4ttorney Donahue and Public Works Director Haffezman. ` Seconded by Councilman 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 capa- city of the existing 12" sewer in 1st Alley East. The capacity of this sewer has been determined to be 1200 GPM at a peak flow 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 lst 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, when such facilities are constructed. 4. The improvements constructed by the District shall be approved by the DHSS, the City, and be constructed in accordance with City standards. S. The City shall construct all necessary improvements for the transmission of the District's sewage to Main and Arizona Streets intersection. The cost of all improvements shall be bourne by the District. 6. The sewage received by the City shall be 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 from 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 6:00 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, with 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 20,000 gallons of bi-monthly usage. 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 North 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 Kalispell, or all or any part of the District. The City by this Agreement, shall not initiate 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, of it is deemed, by the City, to be necessary for the health, safety and/or welfare of the citizens of the annexed area. After discussion, question called. All voted aye. Motion carried. re la�_4_ R Councilman Grainger reported that Mayor Happ has written to Montana Physicians Service with a request to extend our group health coverage until August 1st. 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 Committee. The committee felt that vehicles are loading, unloading or slow moving and do not have good safety measures and this would help especially in winter months. City Attorney Donahue recommended that it be adopted as policy rather than an ordinance becaase 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. Councilmen 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 16th. 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 rebuild. 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 Chairman and Police Chief Stefanie both felt the meter maid can handle and should wait and see how things work out. RESOLUTION #3348 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 Gibson Addition. Seconded by Councilman Granmo. Roll call vote. All voted aye. Councilman Grainger moved to adjourn. Seconded by Councilman Saverud. Carried. Minutes approved as presented July 20, 1981 Norma E. Happ, Ma or ATTEST: Mar'" rie Giermann, City Clerk Councilman Saverud moved that Nayor Eapp be aut'rorized `o advertise for sealed bids wig: power to accept or reject, for sale of a piece o£ land c%:med by the City at the end of lst Avenue West at 18th Street. The land is not :eing used by the City except for a sewer easement and there is an interest in purchasing. Seconded by Councilman O'Eoyle. Motion carried. SEWED? & WATER Councilman Granmo moved that Project C-300263-012, 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 Pablic Works Director Hafferman. Seconded by Councilman 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 capa- city of the existing 12" sewer in 1st Alley East. The capacity of this sewer, has been determined to be 1200 GPM at a peak flow 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 lst Alley East yr 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, when 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 District's sewage to Main and Arizona Streets intersection. The cost of all improvements shall be bourne by the District. 6. The sewage received by the City shall be 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 from 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 6:00 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, with 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 20,000 gallons of bi-monthly usage. 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 }look -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 North 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 Kalispell, or all or any part of the District. The City by this Agreement, shall not initiate 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 hhitefish 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. he 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. After discussion, 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 1st. 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 Committee. The committee felt that vehicles are loading, unloading or slow moving and do not have good safety measures and this would help especially in winter months. City Attorney Donahue recommended that it be adopted as policy rather than an ordinance because 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. Councilmen Granmo, Saverud and O'Boyle voted nay. Motion carried.