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12/16/74 City Council Minutes235 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, WAS HELD DECEMBER 16, 1974 IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P.M. MAYOR BJORNEBY PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Sampson moved approval of the minutes of the December 2, 1974 meeting as submitted. Seconded by Councilman Daley. Carried, CITY OFFICIALS REPORTS City Treasurer and City Clerk for October Police Chief, Police Judge, City Sanitarian, Public Works Director for November Councilman Sliter moved acceptance of the reports as presented. Seconded by Councilman Schwartz. Carried. ANIMAL PROBLEMS Councilman Sampson reported the Health Committee met to discuss a "no trapping" ordinance and came up with the recommendation that we should not have a "no trapping" ordinance, principally because there is no way for the private property owner to defend his rights. We decided that at this time we should not have a license for cats, but that it would be well for the owner of the cat to have some means of identification on the cat. We recommend that animal owners take respons- ibility for their own animals and have some consideration for the rights of other property owners. We recommend that whenever an animal is caught, that the animal be turned over to the dog catcher. We direct that the pound master keep animals for 72 hours before disposing of them. Owners of animals littering on others property should be subject to the same fine as for other types of littering. Councilman Schwartz asked the City Attorney to read Section 4-5 of the Code of the City of Kalispell relating to cruelty to animals. He said he could not conceive ' of animals being trapped In the way they are being trapped - by the snout, leg, tail, as this is not humane. It is wrong to entice the animals and the method of trapping is wrong. The new animal shelter being built by the county should help to alleviate some of the problem. -- Councilman Miron reported he concurred with the committee report. Gloria Hager - Our request for a "no trapping" ordinance at the last council meeting became confused with another most pressing and important issue - that of animal control. She said that she saw little relationship between that problem and the issue of luring and trapping pets. We need an ordinance against trapping cats for the following reasons: 1 - It is simply inhuman;sto both the pets and their owners 2 - To prevent cruelty to animals by persons who have a reputation for cruelty to animals 3 - The west side trapper is costing the city money as the dog catcher must pick up and impound animals that otherwise would not be in the pound 4 - Other cities do not deal with stray animals by trapping - why should we? 5 - Private citizens should not have the responsibility for the control of stray animals, but is a responsibility of the dog catcher Mrs. Hager concluded by asking that Mayor Bjorneby and Councilmen not allow neighbors to lure and trap our pets. Councilman Daley recommended support of the committee. Councilman Knapp reported that property owners have the legal right to impound animals when they trespass on their property. Councilman Sliter said it is wrong to entice an animal to trespass. Joey Skochenski, President of the Humane Society, reported that officers of the State Humane Society said that they will be willing to come to Kalispell to help with the problem. 236 Councilman Sampson reported the health committee will make arrangements to meet with representatives of the Humane Society to seek a solution to the problem. ' Mrs. Hager presented a petition with 272 names requesting the removal of traps from the west side trapper address. Police Chief McDowell reported he would talk to the west side trapper in an attempt to relieve the problem at least until the committee and humane society have had a chance to work out a solution. ADDRESSING THE COUNCIL ' Mr. Harvey Jewett, representing West Side Flood Association, asked to be permitted to make a statement regarding the west side storm drain when it is taken up under com- mittee reports. Committee Chairman Miron assured Mr. Jewett he would be allowed to make a statement during the committee report. COMMITTEE REPORTS Finance - Councilman Slater reported,the committee will be obtaining quotes on E & 0 insurance coverage. Councilman Sliter reported the claims for the month of November have been audited by the committee and payment is recommended. Councilman Slater moved the claims for November be paid. Seconded by Councilman Miron. Carried. " Safety - Councilman Rapp reported to Mayor Bjorneby the recommendation that Don Hellman be appointed Dt. Sgt. effective December lat. Mayor Bjorneby appointed Don Hellman Detective Sergeant effective December 1, 1474 and ask council approval. Councilman Happ moved approval of the appointment. Seconded by Councilman Daley. Carried. Street & Alley - Councilman Happ reported a request from Elmer Absalonson of Sunburst Development Co. for approval of the work done on the reconstruction of Harrison Blvd., located in Park View Terrace. The committee requests it be given power to act on this request. The inspection of the work will be made as soon as practical. Councilman Sliter moved the Street & Alley committee be given power to act on this matter. Seconded by Councilman Miron. Carried. Councilman Happ moved that Mayor Bjorneby and City Clerk Beardslee be authorized to Issue the December payroll prior to Christmas. Seconded by Councilman Sliter. Carried. Councilman Happ asked that the following report be included in the minutes: 12-16-74 REAPPORTIONMENT PROGRESS REPORT - The preliminary, unofficial dwelling unit count has been completed, tabulated and mapped. Listed below are the results. These figures are only a dwelling unit count and have not been adjusted for occupancy density variations that exist through. out the municipality's jurisdiction. Once this part is finalized, work on the reapportionment plan will begin. Right now it is only in the planning or idea stage. If you have any suggestions concerning the size, location, number or other design features of the wards, please contact Kevin Halvorson or relate your ideas to Everit Sliter or Norma Happ who will be reviewing the plan and alternatives prior to its final submission . WARD 1: Single Family 1,063 Multi -Family 116 Mobile Homes 2 ' WARD 2: Single Family 573 Multi -Family 303 Mobile Homes 50 926 WARD 3: Single Family 709 Multi -Family 69 i Mobile Homes 9 t 237 1 C WARD 4: Single Family - 811 Multi -Family 80 Mobile Homes 8 899 TOTAL Single Family 3,156 Multi -Family 568 Mobile Homes 69 3,793 Average standard numberiof dwelling units desirable for four wards average standard 948. EXISTING WARDS DEVIATED FROM AVERAGE STANDARD Ward 1: +25.6% 2: - 2.3% 3: -17.0% 4: - 5.2% PERCENT DEVIATION BETWEEN EXISTING WARDS 4 1+ LARD 1 0 2 27.5 0 3 50.1 1L.Z 0 _717- 31. .D 14.2 0 IARD 1 2 4 Councilman Schwartz reported that he did not feel the city should take the blame for all the slowing of business on First Avenue West as business was also down on First Avenue East and Main Street. Councilman.Miron reported the Secondary Sewerage Treatment Plant is nearing final acceptance by the City. WATER BILLS - SALE OF PROPERTY Councilman Miron reported that buyers and sellers of property on city water should be sure to determine that the water bills are paid prior to completing the sale, as the bill becomes a lien on the property and will be collected or the water service discontinued. Councilman Miron moved a call for bids for liquid chlorine for the sewer plant be authorized. Seconded by Councilman Sliter. Carried. Councilman Miron moved the Water and Sewer Committee be authorized to purchase necessary electrical heaters for the water department building. Seconded by Council- man Schwartz. Carried. Councilman Miron reported a request for a burglar alarm system for the sewer lab- oratory will be held in committee for further consideration. STORM DRAIN SYSTEM Councilman Miron reported the committee met today with the engineer from Thomas, Dean & Hoskins and feel that we have a firm and solid proposal that we are going to ask council approval to proceed further. Councilman Schwartz reported that it is not as much a matter of engineering as of financing, but do feel that we have to commit ourselves as a council to proceed with the storm drain project. The committee has requested the engineer to break the 1.9 million dollar first phase into priority steps or stages. The first step of about a 2 year project involving the CBD would solve about 50% of the storm drain problem. The project will be projected on a basis where it will be equitable. The storm drain project is a priority project and it will be up to this council to get it off the ground on a small basis. Councilman Sliter reported the CBD first step of the project would be $282,100.00 and the second step, Southwest Drain System would be $493,000.00. The projects to be funded by the sale of revenue bonds with 50% of the revenue to come from a flat rate per lot charge and 507 from sewer service charges. 238 Councilman Daley reported that he felt the project has been broken down into a program we can handle, with the first phase being the First Avenue West Storm Drain just completed, and the second phase the Central Business District is within reason. By doing the project in small steps, the city may be able to take advantage of fut- ure federal programs that could help as we go along. He felt that we should acquire property and right of way for stilling basins as soon as practical, so that the locations will be available when needed sometime in the future. Mr. Harvey Jewett, west side resident, commended members of the city council for standing up and promoting the storm drain system. He said the plan on a piecemeal basis sounds good, but does this mean that we will have to wait 20 years before the ' next step is started? Councilman Sliter reported that we will attempt to do whatever practical - about one project a year - for a total project time of 6 to 7 years. Doug Daniels, Engineer, reported that the financing is expected to produce about $300,000.00 per year which should allow the various steps of the project to be completed within a 6 to 7 year period. Duane Onstad expressed appreciation to the Mayor and Council for listening to the west side residents regarding the storm drain problem and the time allotted to the storm drain proposal. Everett Morrow, a resident of Northwest Kalispell, reported that the flooding problem Is not limited to the west side of Kalispell - that there are related problems such as leaves and debris plugging storm drains, freezing of -storm drains on the Northwest part of the. City (1st. Ave. W.N. & Idaho St. vicinity), and the ponding of water following runoffs. Councilman Miron moved the Water & Sewer Committee be authorized to negotiate with the engineering firm of Thomas, Dean & Hoskins for engineering contract for construct- ion plans for the first phase of priority one. Seconded by Councilman Schwartz. Carried. Councilman Sliter brought to the attention of Mayor Bjorneby and Councilmen that a substantial portion of the mosiey of the project has to do with streets - the patching or rebuilding after the installation of the storm sewer. Parks - Councilman Daley reported that as soon as the lagoon freezes sufficiently, we will be ready to gravel the Woodland Park Lagoon. Employment - Councilman Daley reported that to comply with the Fair Labor Standards Act, the committee recommends that the city adopt a 28 day work period for police and fire and that the following be exempt: To comply with the FLSA of 1974 the City of Kalispell, declares the following employees exempt from this act. ELECTED OFFICIALS: EXECUTIVES: Mayor Council members City attorney and assistant. Police Judge City Treasurer City Clerk Director of Public Works Police chief Fire chief Street Dept. Supervisor Water Dept. Supervisor ADMINISTRATION: Parks & recreation director Building Inspector Sanitary Sewer Plant Director Recreation director Sanitary Health Officer 239 PROFESSIONAL City Surveyor Sanitary Sewer Plant Lab.Technician All other regular city employees of the Police and Fire Departments are not exempt from the FLSA of 1974, and as such are put on a 28 day work period. All other recommendations and requirements of the FLSA are being complied with. Councilman Daley moved the council accept and adopt the committee recommendation. Seconded by Councilman Happ. Carried. MISCELLANEOUS BUSINESS License & Permit Bonds William Walbon Cont. Certificate Plumber Eugene R. Thomas, dba Thomas Electric Cont. Certificate Electrician J. Wayne Dunlap, dba Dunlap Electric Cont. Certificate Electrician Eddie Sheppard Cont. Certificate Pawnbroker Richards Sheet Metal, Inc. Cont. Certificate Gas Installer Councilman Miron moved acceptance of the continuation certificates. Seconded by Councilman Slater. Carried. City Attorney Donahue reported an action has been filed in District Court concern- ing a variance granted by the Board of Adjustment for an office at 705 Main Street. City Attorney Donahue reported there will be a Continuing Legal Education Seminar, ' January 7th at Big Mountain by the University of Montana, with the subject matter being related to cities. The registration fee is $100.00. Requested the City Attorney and Assistant City Attorney be authorized to attend and recommended that some councilmen should attend. Councilman Slater moved city legal counsel and any members of the city council be authorized to attend the January 7th Seminar, the registration fee to be paid by the city. Seconded by Councilman Miron. Carried. Councilman Sliter reported that city officials met with the Revenue Sharing Auditor, December 12th, who informed Mayor Bjorneby and Councilmen and other officials, the audit report would be received in about 4 to 6 weeks. No further business on the agenda, Mayor Bjorneby adjourned the meeting. Minutes approved as presented January 6, 1975. H