09/08/80 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY,
SEPTEMBER 8, 1980, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCIL-
MAN GRAINGER WAS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Saverud moved that the minutes of the regular meeting of August 25th be
approved as presented. Seconded by Councilman O'Boyle. Motion carried.
OPEN BIDS
Bids were received for the Sewer System Evaluation Survey as follows:
Gelco Grouting Service
P. 0. Box 7247
Salem, Oregon 97303 Bid Bond $173,642.85
Chemseal, Inc.
P. 0. Box 3018
Salem, Oregon 97302
Bid Bond
$117,167.95
Councilman Zauner moved that the matter be referred to the Sewer $ Water Committee
with power to act. Seconded by Councilman Smith. Motion carried.
ADDRESSING THE COUNCIL
Mr. Darrell Schaeffer, developer of !!The Pines Resubdivision # 113" addressed the council
with a request to amend Resolution # 3270. Item "G" calls for central garbage pick-up.
Mr. Schaeffer explained that a provision is made within each garage to contain the garbage
until pick-up day, when it is placed outside to be picked up by private haulers. The
Resubdivision has been reviewed by the ATS and approved for zoning and subdivision regu-
lations. They question the central garbage collection facility and that no fire hydrants
show on the plat.
RESOLUTION #3305
Councilman Smith moved to adopt Resolution # 3305, a resolution to amend Resolution #3270
by striking Item "G" regarding garbage disposal. Seconded by Councilman Daley. Roll call
vote. All voted aye.
Fire Chief Doty was instructed to inspect fire hydrants which are in existence
Larry Lee, Parking Commission Chairman, presented the following petition with signature
of 20 property owners:
1Q5
PETITION
The undersigned property owners hereby petition the Kalispell City
Council to establish an Off -Street Parking Improvement District for parking
purposes in the City.
The purpose of said District shall be;
1) To a maximum cost of One Million Dollars ($1,000,000.00) acquire
1 improve as necessary the following properties for off-street parking lots:
A. Lots totaling 110 feet Main Street frontage in Block #36.
B. Lots totaling 200 feet of frontage on First Ave. West in
Block #46.
C. Lots totaling 100 feet frontage on First Ave. East in
Block #56.
D. Lots totaling 170 feet frontage on First Ave. East in
Block #76.
E. Other lots that may be available and for which funds re-
main.
2) A second One Million Dollars ($1,000,000.00) to be used as matching
funds for a Federal Grant to finance the construction of two off-street park-
ing structures; one in Block #46 and the second one in Blocks #56-#65. Said
funds must be committed to such a Federal Grant prior to January 1, 1982,
and, if such a Grant is not obtained by that date, bonds in that amount will
be called and redeemed and the parking facility construction projects shall
he discontinued in this District.
1 3) The City of Kalispell will utilize for the purpose of public parking
that property presently occupied by the old City Hall in Block #65 and,
ether, allow that property to be included in an off-street structure if one
is constructed on the property acquired in Block #56.
The boundaries of said District shall be:
Beginning at the South edge of the Burlington Nor-
thern Railroad tracks at the intersection of the
extended North line of 2nd Avenue East and continu-
ing West along said railroad tracks to the extended
North line of 3rd alley West, then South along 3rd
alley West to 4th Street West, then East to 1st
Avenue West, then South to 5th Street West, then
East to 2nd alley East, then North to 3rd Street,
than East to 2nd Avenue East, then North to the
point of beginning. Excluding those lots owned by
the City of Kalispell in Block #65 and public
streets, alleys and'parks.
It is estimated said District should be established to raise the sum of
Two Million Dollars ($2,000,000.00) for such purposes. Improvement Bonds
will be issued pursuant to Sec. 7-14-4715, M.C.A., to raise said sum; said
Po ds will be paid by annual levy and assessment against the property within
1District to be created. Said levy and assessment shall be in accord with
formula therefor to be adopted by the City Council pursuant to Sec. 7-12-
5, M.C.A. Said Bonds are to be repaid over a period of Twenty (20) years
and shall bear interest at the rate to be established by the City Council
according to law. .
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City Attorney Donahue defined S.I.D. procedure. He also stated that he and J. Austin
Miller have talked with Mr. Johnstone, Attorney for D. A. Davidson Bonding Company,
and it is proper to divide the S.I.D. sale of bonds into two parts as stated in the
petition.
Councilman Saverud moved to direct City Attorney Donahue to draw a resolution of intention
to create S.I.D,#329 regarding Parking Commission petition and present it at the next
Council meeting, September 22nd. Seconded by Councilman Zauner. Motion carried.
COMMITTEE REPORTS
SAFETY COMMITTEE
Councilman Grainger was absent from meeting.
SEWER F, WATER
Councilman Granmo had no report. Robert Hafferman, Director of Public Works, indicated
that there would be a time extension on S. I. D. #328.
CITY DEVELOPMENT
Councilman Saverud had no report.
STREET $ ALLEY
Councilman O'Boyle moved that Mayor Happ be authorized to sign an agreement with PPF,L
to change existing street lights of mercury vapor, low pressure sodium to high pressure.
Seconded by Councilman Daley. Councilman O'Boyle explained that the change is requested
by PP$L in an effort to eliminate accidents and damage. The change will take place from
now until 1987 and will be done at PPGL expense. Question called. All voted aye.
Councilman O'Boyle moved that Mayor Happ be authorized to sign a contract with PP$L to
create a new street light district in the area of Garland Street, Sherry Lane and Kirsten
Drive. Seconded by Councilman Smith. All voted aye. Contract is to be sent to Bill
Savage, PP$L. Director of Public Works Hafferman defined the desperate straights the
garbage department is in regarding trucks and requested authorization to call for bids
for a new truck similar to the other two new ones.
Councilman Daley moved that Director of Public Works Hafferman draw specs and call for
bids for a new garbage truck. Seconded by Councilman Daley. Motion carried.
PARKS $ RECREATION
Councilman Daley discussed the need for a resolution for setting boundaries on the airport
landing field, in accordance with the I+1orth Montana Airport Hazard Act, to make sure
limits are met regarding buildings, trees, etc. There is a need to define boundary of
airport to assist builders in the area of staying within legal guidelines.
RESOLUTION #3306
Councilman Daley moved to adopt Resolution # 3306, a resolution to define and establish
the perimeter boundary of the landing field of the Kalispell City Airport.. Seconded by
Councilman Zauner. Roll call vote. All voted aye.
EMPLOYMENT
Councilman Zauner had no report.
ANNEXATION
Councilman Smith explained the lawsuit regarding Meridian.Addition zoning, saying the
compromise was not accepted by the residents. City Attorney Donahue defined the action
that will follow in the declaratory judgement. We have 20 days to respond to Attorney
Astle.
Councilman Smith announced that the request for sewer service in the Fairway Park project
will be discussed at the next meeting.
Councilman Smith announced an Annexation Committee meeting for 4:OOPM on Wednesday,
September 17th.
FINANCE
RESOLUTION #3307
Councilman Ruiz moved to adopt Resolution #3307, a resolution to amend Resolution #3303
fixing a tax levy for 1980. Seconded by Councilman O'Boyle.
On August 11 1980,-the date set by law to fix the mill levy, the. Council adopted
Resolution #3303, based on last year's evaluation of $14,357,484. This made the
total mill levy 110.9 mills. On September 4, 1980, the City was advised by Flathead
County Assessor Long that the taxable value for 1980 is $1S,984,163. For this reason,
the number of mills has been revised downward..
RESOLUTION NO. 3307
A RESOLUTION MAKING THE ANNUAL TAX LEVY FOR THE CITY OF KALISPELL,
MONTANA FOR THE YEAR 1980.
SECTION 1. That there is hereby levied upon each and every dollar
of the taxable valuation of the City of Kalispell, Montana, for the
year 1980, the following levy:
GENERAL FUND 82.2
RETIREMENT 6.2
HEALTH INSURANCE 4.1
S. I. D. REVOLVING 1.5
LIABILITY INSURANCE 3.7
POLICE - UNFUNDED LIABILITY 2.3
TOTAL LEVY REQUIREMENTS 100.00
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 8TH DAY
OF SEPTEMBER, 1980.
Norma E. Happ, Mayo'
ATTEST:
MarjVie Giermann, City Clerk
Question called. Roll call vote. All voted aye.
Councilman Ruiz moved that all claims reviewed and approved by the Finance Committee be
paid. Seconded by Councilman Saverud. Motion carried.
MISCELLANEOUS
PORNOGRAPHY ISSUE
City Attorney,Donahue reported that on August 7th, a petition to place a strong anti-
pornography ordinance before the registered voters was filed with the City by Citizens
Against Pornography (CAP). On September 4th, the following letter from Flathead
Clerk 4 Recorder was received:
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FLATHEAD COUNTY CLERK & RECOJ
P.O. Box 308 - Kalispell, Montana 59901
Phone (406)755-5300
IRIS L HINDMAN
Kalispell City Council
City Hall
Kalispell, Alt. 59901
September 4, 1980
Atten: Norbert Donahue, City Attorney
Re- Petitions Submitted by the CAP Supporters
Dear Council Members:
On August 7, 1980, I, Iris I. Hindman, had this office duly
certify petitions which were submitted by the CAP supporters.
That certification, as pertaining only to the signatures, is
still valid as the amount of valid signatures on the petitions
was well in excess of the required IS% of the registered
voters of the City of Kalispell
It has, at this date, been brought to my,attention that,
according to. Sec. 7-1-4130 MT. Code Annotated 1979, the peti-
tions did not meet other requirements; specifically, those
set forth in 7-1-4130(b) and (c), stating the necessity of
dates when the petitions were first circulated and when they
were signed by each elector. Due to this inadequacy, I must,
as set forth in 7-1-4130 (4), return the petitions to Don E.
Nelson, the circulator of said petitions.
As these petitions are now in your possession, I request that
you return them to Mr. Nelson on my behalf.
I have enclosed a copy of this letter to be sent to Per. Nelson
along with the petitions,
Sincerely.,
Iris I. Hindman
Clerk and Recorder
/'/'
by �,Gir✓�n/�/,U���
Dianne M. murer C
Chief Election Deputy
cc/Chuck Kuether
Deputy County Attorney
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City Attorney Donahue stated that he had met this day with Mr. Don Nelson, representing
CAP, and Mr. Nelson's counsel to discuss what action can be taken. In reviewing the CAP
proposed ordinance, the main item of conflict in the pornography ordinance now in effect
and theirs, is whether obscene material can be sold only to persons over 19 years of
age and whether it cannot be sold at all. If there are other differences, the Council
would look to an amendment. Mr. Nelson stated that there is so much difference that if
the present ordinance was amended to delete "under the age of 1911, their counsel could
still not defend it and their organization could not support the issue as a referendum.
RESOLUTION NO. 3308
Councilman Granmo moved to adopt Resolution No. 3308, a resolution to refer to a vote
of the people the proposed amendment of Ordinance #957 to delete age limitations therein.
Seconded by Councilman Smith.
Mr. Nelson stated further that no one has proved their petition to be lacking and regard-
less of personal feelings, the Council should put it before the voters. If the City's
amended ordinance goes before the voters, it is the City's ordinance, and the City's re-
sponsibility. If CAP's ordinance goes before the voters, it is their responsibility. Mr.
Nelson was asked for a brief explanation of CDL. He stated that it originated about 1S
years ago and hires from 10 to 15 attorneys. These attorneys fight court cases against
highly paid attorneys hired by porno companies. The organization is to help government
agencies that cannot fight these cases on their own. Question called. Roll call vote.
Councilmen Granmo, Saverud;; O'Boyle and Smith voted aye. Councilmen Daley, Zauner and
Ruiz voted no. Resolution adopted.
Mayor-Happ announced the resignation of Lora Steele from the Parking Commission. Council-
man Granmo moved Council approval of the appointment of Colin Willis to replace Lora Steele
on the Parking Commission. Seconded by Councilman O'Boyle. Motion carried.
Mayor Happ announced an Energy Workshop at 10:00 A.M. on Tuesday, September 9th.
Mayor Happ reviewed some of the proposed changes in the by-laws for the League of Cities
and Towns, which they will be voting on at the annual convention which is ,this week,
September loth through 13th at Fairmont Hot Springs.
Those attending will be Mayor--Happ, Councilmen Daley and Smith and City Attorney Donahue.
Mayor Happ will lead the Prayer Breakfast at the convention at 7:00 a.m. on Friday. She
will also host and Energy Workshop.
The next regular meeting will be September 22nd. The agenda will include a public hearing
on the Floodplain Insurance Ordinance and a discussion on the letter from the Flathead
County Commissioners regarding Fairway Park Project.
Councilman Saverud moved to adjourn at 10:00 P.M. Seconded by Councilman Granmo. Carried.
Minutes approved as presented September / 4� i- !:
22, 1980. Norma E. Happ, Mayor
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