12/02/74 City Council Minutes228
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, WAS HELD
IN THE COUNCIL CHAMBERS OF CITY HALL DECEMBER 2, 1974 AT 7:30 P. M. MAYOR BJORNEBY
PRESIDED. ALL COUNCIIMEN WERE PRESENT.
APPROVE MINUTES
Councilman Miron moved approval of the minutes of the November 18, 1974 meeting as
presented. Seconded by Councilman Schwartz. Carried.
ANIMAL PROBLEMS - Gloria Hager, xtest side resident, representing a group of west
side citizens, presented the following mimeographed statement:
"We are a group of west side Kalispell citizens who have had their pets trapped by
the 8th Avenue trapper.
Many of us have permanently lost our pets, others have had the luck to retrieve
them from the city pound. Some of us have arrived at the pound only minutes after
our pet has been destroyed. Some families in our neighborhood have decided that
although they have young children, they will not keep cats or dogs as pets for fear
of having them trapped over and over again. Thus many children in the community
are deprived of the pleasure of having a pet. There are even families who, having
heard rumors about the trapper, have decided not to keep a pet for fear of losing
it.
Many of our city officials are aware of the problem. Our flog catcher reports that
he has picked up over 180 cats from the same residence on 8th Avenue West. The
Chief of Police, to his credit, has persuaded the trapper to cease killing pets,
but says he can legally do no more: The City Attorney's office can do nothing and
only suggests interested citizens bring a civil suit against the trapper (this
would only be a monetary gain and still would not stop the trapper).
The west side community is angered and frustrated by the inaction or inability to
act of city officials. Surely in a case where so many people have been damaged and
such an obvious moral wrong is being perpetrated, something can be done. There must
be some way around the problem.
Since most of the victims are cats and there is no city ordinance or code specifical-
ly covering cats, perhaps such a code is the answer. Something like:
'No person shall trap a cat within city limits without permission of
the Chief of Police'
We can't even burn our own garbage without a permit, why should we be allowed to
lure and trap our neighbors' cats?
This evening we have two simple requests:
1. If an ordinance is the answer, tell us what steps to follow and we will gladly
get it rolling. One of.our number was told that a petition would help. She has
pages of names already. We can get more, if that is the direction that will get
results;
and
2. There is a law requiring that animals be impounded 72 hours before they are
destroyed. At the moment, cats are being destroyed sometimes the same day they are
picked up from the Huggins place. We are gratified that Chief McDowell has asked the
trapper to cease killing pets, but having the city kill them immediately after their
being trapped is little comfort."
Mr. Roy Bengston displayed a coyote trap that he reported was brought home on the
front leg of his cat.
Mrs. Ritchie, 418 6th Ave. West, showed to the Mayor and Council a petition for
removal of traps from 327 8th Avenue West.
Councilman Daley ask if people felt dogs and cats should be allowed to run at large.
Some of the people indicated they felt cats should be allowed to run at large.
Councilman Schwartz inquired as to whether cat owners would be willing to have cats
licensed similar to dogs. He said that he felt that the trapping of animals was
most inhumane, and that we do need control of animals.
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Joey Skochenski reported that she understood that under federal law, cats are consider-
ed free agents.
Mayor Bjorneby reported that other cities do license cats.
Carrie Taylor said that most concerned people go along with this, but that collars
on cats can be hazardous to the cats when climbing trees. One person has taken upon
themselves to rid Kalispell of cats and dogs if they can get them and people in the
neighborhood are very concerned and the city fathers should do something before the
citizens in the area take things into their own hands.
I
Glenn Hartman said that he did not want cats in his garden and felt people should be
required to keep pets under control and off other peoples property.
Duane Olmstead stated objection to paths made across lawn by pets and said pet owners
should be required to keep pets at home.
Lois Magar of 8th Ave. West said that she kept her cats well fed and they would stay
at home but when traps are baited with scent to entice pets into his (8th Avenue
West cat trapper) yard she was unable to keep pets at home.
Councilman Schwartz moved an ordinance be created making it unlawful to trap any
animal within the City of Kalispell. Seconded by Councilman Miron. Following
discussion on the motion, Councilman Knapp moved to table until the next council
meeting. Seconded by Councilman Daley. Carried.
ADDRESSING THE COUNCIL
There was no response to three calls by Mayor Bjorneby.
AUTHORIZE SALE OF BONDS
RESOLUTION NO. 2990
Councilman Miron moved adoption of Resolution No. 2990 A Resolution Authorizing the
' Sale of SID 316 Bonds. Seconded by Councilman Schwartz. Roll Call Vote. All voted
aye.
SALE OF BONDS
Tyre were no bids submitted for SID 315 Bonds.
Councilman Sliter moved the City Attorney attempt to obtain waivers from SID 315
property owners for interest rate and term of the bonds and readvertise the sale of
the bonds. Seconded by Councilman Schwartz. Carried.
AUTHORIZE MAYOR TO SIGN DOCUMENTS
RESOLUTION NO. 2991
Councilman Miron moved Mayor Bjorneby be authorized to sign easement to Forest
Service for South Loop Road (Airport Road). Seconded by Councilman Happ. Roll Call
Vote. All voted aye.
RESOLUTION NO. 2992
Councilman Schwartz moved adoption of Resolution No. 2992 A Resolution Authorizing
Mayor Bjorneby to sign deed conveying cul de sac easement in Sunset Addition No. 4
(easement recorded 5-25-71 book 525 page 18) to Leslie D. Olson, Larry A. Olson and
Leslie D. Olson, Trustee for Alan Olson. Seconded by Councilman Miron. Roll Call
' Vote. All voted aye.
COMMITTEE REPORTS
Parks - - Councilman Daley reported the committee held a meeting last week and Mr.
Greenwood of BOR was there to review the projects. The 5 Parks project has spent
about 1/3 of its funding and completed 3/4 of the project. Under discussion was add-
ing to the projects in the next 2 years - extending water and sprinkling systems -
skating rink - tennis, basketball, and volleyball courts. In Woodland Park, 707
of the funding has been used and the project is 707 complete - proposed additions are
additional parking and a walk -bike path. Construction on the equipment storage
building in Woodland Park has been started.
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EMPLOYMENT - Councilman Daley reported that he will be calling for a meeting when Mr.
- Donald Dunhagen from Missoula comes up -to explain the 1974 Fair Labor Act and to answer
questions.
Councilman Daley reported that the Golf Association requests a bridge for the golf
course expansion (BOR) project and moved authorization for a call for bids for the
bridge project. Seconded by Councilman Happ. Carried.
ENGINEERING REPORT STORM DRAIN SYSTEM -
Councilman Miron reported the committee recommends the payment to Thomas, Dean &
Hoskins Inc. for the engineering report be paid from the Sewer Department Budget.
Councilman Miron moved acceptance of the committee report. Seconded by Council- I
man Schwartz. Carried. (Councilman Knapp abstained)
SECONDARY TREATMENT PLANT
Councilman Miron reported that there are some minor details of the project to be
completed and a few things which are unacceptable and -are to be corrected. The
plant is at an 85% effluent efficiency.
Councilman Schwartz recommended that citizens visit the new plant. Councilman
Daley suggested it would be good if the newspaper would do a feature story.
STORM SEWER SYSTEM
Councilman Miron reported the committee met today for about 3 hours and agreed as to
the need of the storm sewer system, but disagreed as to whether to do it in stages
or all at one time and also disagreed as to how to pay for the system.
It is suggested that the 1.9 million dollar First Phase be financed by a flat rate
of $1.80 per month for the average 50 X 142 lot. This would provide money to pay
the bonds and interest and provide a 25% reserve. The bonds would be issued for a
30 year redemption.
Councilman Schwartz'said the committee felt it better to go on flat rate to keep it
separate from the sanitary sewer fee which would still be based on a percent of I
the water charge.
Councilman Knapp ask that the condition of Spring Creek (by Weissman) be investigat-
ed and improved as this would give some relief to the west side problem. The creek
forms a pond at this location and is currently full of various types of debris which,
If it were cleared out, would aid the flow of water and help give some relief next
spring.
Councilman Miron introduced Duane Olmstead, and ask that he make a statement for the
minutes. Mr. Olmstead said 'most of the people I have talked to are interested in
the flat rate and to see that it does progress with a plan. It is understood that
the project will need to be done in stages and what we want to see is that as soon
as one stage is finished that the next stage be immediately undertaken'.
Councilman Miron introduced former Mayor, Tom Flynn, who stated that he had some
questions on the project - not opposition - inquired as to the need and cost of
stilling basins. Doug Daniels, engineer, reported that there are areas available.
at all the major outfalls for stilling basins. The cost would be the cost of the
land plus construction costs of an additional 10 to 157. The stilling basins at.this
time are not a legal requirement.
Former Mayor'Flynn said that the 15% would add $300,000.00 to the project. He said
that he would not want to sell bonds without knowing he had the -support of the
people, and although the City now has the authority to authorize the issuance of
the bonds without a vote of the people, Flynn advised Mayor Bjorneby and councilmen
to put the matter to a vote of the people.
Mr. Flynn ask how much will it cost to maintain this new storm drain system - he
estimated that it would cost approximately $20,000,00 annually for maintenance also, there will be additional office expense to set up charges and records -
another requirement that may be necessary is to set up a bond reserve fund amounting
to -one years payment of bonds and Interest. -
Mr. Flynn questioned the advisability of having one phase city wide and another
phase on SID, as those who come under the SID will be paying on the SID phase and
the city wide phase. The average lot in the SID would be paying $2400.00 over 20
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years and at the same time be paying on the city wide first phase which means a lot
of people will pay twice. Flynn pointed out that the storm sewer improvement on
First Avenue West mainly benefited the business district and yet at no cost to the
business district. He suggested that an SID in the business district should be
established to help to defray the costs of the storm drain project.
Mr. Flynn urged Mayor Bjorneby and Council to enforce ordinance requiring the elim-
ination of roof drains from the sanitary sewer and to repair diking of Spring Creek
and the cleaning of the Spring Creek ditch to help relieve the west side drainage
problem.
Mr. Flynn pointed out that in the Engineer's Report it states that the _existing storm
sewer outfall had to be dug under the sanitary sewer line at the lower end and that
the report says that this line is filled with sediment - this will restrict and make
Inefficient this outfall line. He said that commercial property is to pay double
charge regardless of present use and that many of the lots zoned commercial are being
used for residence and there are a number of businesses in residential zones because
of being granted exceptions to the zoning. He suggested that further investigation
should be made and perhaps this part of the proposal should be restated to make a
more equitable definition of commercial property, base on actual usage.
Based on the proposed charges the schools would pay:
$1,009.00 per month over thirty years - this will amount to $360,000.00
Fairgrounds would pay:
$960.00 per month - $345,000.00 over thirty years
Great Northern Railway would pay:
$1,022.00 per month - $365,000.00 over thirty years
Griffin Park would pay:
$42.00 per month
Do tax funds have money to pay into sewer funds - How much can the City handle?
In the report, under future needs, a 22 block area on the west side would figure
about $1,000.00 per lot.
Councilman Schwartz reported the storm sewer system should have been done 26 years
ago and Kalispell has neglected this situation ever since and is now obligated to do
something about the storm sewer in the most economical way.
Councilman Miron reported the Sewer and Water Committee will attempt to resolve the
differences and to investigate some of the questions brought forth.
STREET & ALLEY -
Councilman Happ reported the committee will meet tomorrow at noon at the Outlaw Inn
to consider and set priorities.
FINANCE -
Councilman Sliter reported that he has met with the City Treasurer to clarify the
law under which deposits and investments are to be divided among the local banks and
are working on a program to implement as provided by the legislature -and anticipate
the City will be getting investment dollars bringing in more interest by the first of
the year.
MISCELLANEOUS BUSINESS -
Councilman Miron reported that he was not ready to take from the table the motion on
reapportionment, but reported that Mr. Halvorson wished to present some additional
Information. Mr. Halvorson distributed some additional information and briefly address-
ed the council, informing the Mayor and Council that he felt very strongly about
reapportionment and equitable voter representation.
Following council questioning of Mr. Halvorson, Councilman Sliter moved it be removed
from the table. Seconded by Councilman Happ. Carried.
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Councilman Happ moved $850.00 be authorized for reappodeionment -census. Seconded
by Councilman Sliter. Carried. (Councilman Schwartz voted no)
License & Permit Bonds -
Garrick L. Hanson & William P. Driscoll, Continuation Certificate Gas Contractor
dba Whitefish Plumbing and Heating 'Continuation Certificate -.Plumber
North Valley Plumbing & Heating, Inc. Continuation Certificate Gas Fitter
Taylor Sheet Metal Works, Inc. Continuation Certificate Gas Contractor
Gerald I. Ness, dba
Gerry's Electrical Bond Electrician
Councilman Miron moved approval of the License & Permit Bonds. Seconded by
Councilman Sliter. Carried.
RESOLUTION.NO. 2993—
Councilman Happ moved adoption of Resolution No. 2993 A Resolution Describing the
Form and Details for directing the Execution and Delivery of S I.D. 321 Bonds of
the City of Kalispell. Seconded by Councilman Miron. Roll Call Vote. All voted
AV..