Loading...
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. l 229 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. 230 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 20 231 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. 232 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..