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06/13/77 SP City Council MinutesSPECIAL PUETII9G e4 oJ Kau ",IN THE HEART OF THE NATION'S PLAYGROUND" 1035 KALISPELL, MONTATANA 59901 TO THE HONORABLE BOARD OF COUNCILMEN CITY OF KALISPELL, MONTANA GENTLEMEN: There will be a Special Meeting of the City Council, Monday, June 13, 1977 at 7:30 P. M. in the Council Chambers, City Hall for the following purpose: Consider Proposal of Morrison Maierle Engineer We, the un. fined, being )of a members of the City Council, do hereby waive notice the to and p oe Special Meeeting of the City Council to be held VeC�i , June 31977 at :3in the Council Chambers, City Hall, and consent tran etion of t abany other business that may properly come before ?:y C cil. +u.cru tX. uraxamo / Norbert F. Donahue, Ci Mayor Happ presided. All councilpersons present. ��' ' Wi Francis T. 0'Bo le u U (Howard G. Grainger Dennis Carver, Morrison-Maierle, Inc. recapped the negotiations and proceedings to date. -To finance a short term aeriation at the treatment plant, the following participation has been reached. The EPA will pay 75% of the 1973 estimated cost. Neptune Microfloc will participate in one-half of the 255/6 City share plus the inflation costs since 1973. The cost participation is approximately $48,000 for EPA, $25,000 for Neptune Microfloc and $8,000 for the City. The EPA will not advance their funds until the shoot term aeriation has been in operation during some winter months. Neptune or the City will have to finance the project. Total cost is about $82,000. 194 Short term aeriation was not a consideration at the time the plant was built. The EPA is participating now because they feel that had the technology existed at the time the plant was built, it would have been required. The short term aeriation will also reduce the sludge handling costs and the pumping costs. Neptune Microfloc will pay the interest on the registered warrants used to finance the project. Dennis thought that Neptune should guarantee that the plant will work, except for any abnormal toxicity present in the sewage. Councilman Granmo pointed out that the toxicity problem would have to be proven by Neptune. To date there has been nd proof of abnormal toxicity. Councilman Allen asked if the present bond was adequate. , Neptune Microfloc wishes to proceed as soon as possible. They are writing the EPA for a commitment. Councilman Granmo moved that under the terms presented by Morrison-Maierle, the City enter into an agreement with Neptune Microfloc, the EPA and any other parties, to proceed,rwith the project. Seconded by Councilman Allen. Motinn carried. MAYORS REPORT The Mayor reported notice of a hearing before the Public Service Commission, June 30, 1977 at 1:30 P. M. in Helena regarding the application of Mr. Primrose for water on 8th Avenue East. She asked that the Ohairman of the water and sewer committee, City Attorney, and Water Superintendent be present. The Montana Department of Fish and Game has reported the purchase price of $30,000 for the Ashley Irrigation District. They will contact us later. Motion by Councilman Allen to destroy the following records, upon concurrence by the Department of Community Affairs: (all prior to 1972) city elecgrician permits; engineering department permits; building inspector permits; application for gas permits; application for building permits. Seconded by Councilman Williams. Motion carried. Mayor Happ announced the following schedule for the council meetings in July and ' August: Tuesday, July 5th, regular meeting; Tuesday, July 19th, all day budget meeting at the Conrad Bank; Monday, July 25th, preliminary budget meeting and postponed July 18th meeting; Wednesday, August 3rd, budget hearing and postponed August lst meeting; Monday, August 8th, continuation of budget hearing and adoption of final budget. Mayor Happ read a letter from Astle & AstTe, Attorneys asking the City to become the defendant nn the civil case of Robert Cavanaugh ve Elmer Absolonson. This case is for $1,500 damages for changing the street grade of Harrison Blvd. This matter was referred to City Attorney Donahue. Director of Finance Nystul reported on the EDA grant. The City has received $2,568,000 from the Economic Development Administration. The City must respond within 28 days from today stating the dollar amounts priorities of the projects. The project applications must also be submitted within 28 days. Upon award of the grant, the construction must start within 90 days. Mayor Rapp reported that Judy Carlson of the Governors Office thought that FVCC would be eligible for other funding. Councilman Allen moved that the city priorities be: West North storm sewer, the original project submitted; completion of Seventh Avenue storm sewer; and city hall complex. Seconded by Councilman O'Boyle. Motion carried. HALL ADDITION #82 , Jim Moore, Attorney for Ken Hall, spoke regarding the proposed annexation. Mr. Hall would prefer to keep the tip of the triangle because he can maintain it better. Mr. Moore did not think the 10' right of way request on the west side of the property could be substantiated in law.- There is also some confusion on the park requirement. If the City would consent to a park requirement of 1/12 of Lots 3, 4 & 5, Mr. Hall would consent to a 5! strip for a sidewalk. Upon such agreement, the covenants would be prepared and the annexation submitted for approval. Councilman Griffin recalled the attempts to widen Meridian Road some time ago and the problems of obtaining right of way. 195 City Attorney Donahue thought the council should be reasonable in its requests for easements. This is similar to requiring street easements in developments. Councilman Griffin moved that the 5' right of way be for foot traffic and roadway. Seconded by Councilman Williams. Notion carried. Councilman Griffin moved that the tip of land be retained by the developer and covered by covenants for maintenance and care. Seconded by Councilman Daley. Motion carried. ORDINANCE NO. 875 (See Regular Council Meeting of July 25, 1977) Councilman Griffin moved enactment of Ordinance No. 875 an ordinance to annex Hall Addition #82. Seconded by Councilman Granmo. On roll call vote,.all voted aye. RESOLUTION NO. 3121 (See Regular Council fleeting of July 25, 1977) Councilman Griffin moved adoption of Resolution No. 3121 approving the subdivision of Halls Addition under the conditions set forth. Seconded by Councilman Williams. On roll call vote, all voted aye. UNDERHILL SUBDIVISION #2, ADDITION #77 Howard Doran reported that some of the property owners of the area are in favor of the SID for curbs and gutters at a later date. City Attorney Donahue said he would draw up an agreement which will be a condition of subdivision that will waive protest of an SID for curbs, gutter and streets. ORDINANCE NO. 876 Councilman Griffin moved enactment of Ordinance No. 876 annexing Underhill Addition #2, Addition #77. Seconded by Councilman Williams. On roll call vote, all voted aye. RESOLUTION NO. 3122 Councilman. Griffin moved adoption of Resolution No. 3122 a resolution approving the subdivision of Underhill Addition #2, Addition #77, with the recommendations as - proposed. Seconded by_Councilman Williams. On roll call vote, all voted aye. PARKVIEW TERRACE RESUBDIVISION #1, ADDITION #79 Councilman Griffin moved to accept recommendation of the annexation committee for Parkview Terrace, Addition #1 with lots 33 to 14 as R1. 'Seconded by Councilman Williams. Steve Pine, developer, stated this is not what they want. If it were, they could have done this last January. Be still feels there is a need for multifamily and that their project was more restrictive than any other multfamily project. They have tried to minimize the effects on such as traffic, etc., and make this as desirable as possible. Jim Thompson, member of the City County Planning Board, stated the Board had reached a compromise position that this would be a set group of fourplexes. They had juggled the lot sizes and could allow this as R2. Councilman Grainger asked Mr. Pine if the 3 lots that abut the existing houses were considered for Rl. Mr. Pine thought the clusters should not be separated merely by streets. Councilman Grainger asked whose rights are to be protected, the builder or the residents? We would like to see plans for the remainder of the area. Councilman Griffin asked if the council goes ahead with Rl, would the developer go ahead with the resubdivision? Mr. Pine stated there would be no need to. He is optomistic and they have not considered this alternative. Councilman Williams would prefer to have a cluster of multifamily in a portion of the remaining-25 acres. This would protect the interest of the present owners of Park -view Terrace. Question called on motion Councilmen. Williams, Griffin, Allen, O'Boyle, Bleken and Grainger voted aye. Councilmen Daley and Granmo voted no. Mr. Pine preferred not to proceed any further with the annexation at this time. Councilman Griffin stated he did not think there should be any other problems to work out. The park land request was that the lot next to the existing park be given and 196 that the City would not do any development for 2 to 3 years to allow for a possible future trade in the remainder of the area. Mr.Pine requested that the council members explain their vote. Discussion followed as to why council members voted as they did. PORTA VILLA ADDITION NO. 2, SUBDIVISION #86 - RESOLUTION NO. 3123 Councilman Griffin moved adoption of Resolution No. 3123 a resolution to accept the resubdivision of Porta Villa #2, Lot 13, Addition No. 86. Seconded -by Councilman Williams. City Attorney Donahue had prepared 3 requirements after the final plat had been submitted to him. These were, the heading of the plat; the title report required a date and the park requirement calculations. However, the date was there. City Attorney Donahue recommends a refund from Po"rta Villa #2 for park land overpayment of $969.97 less this resubdivision amount of $92.48, giving a total refund of $877.49 to the developers. The City Attorney has submitted a request to the Attorney General for an opinion. on the statute relating to the park land computation. James Scharen,-developer, stated they would accept the refund with the condition that if the Attorney General opinion differs, the City will pay the additional amount. The original annexation required this resubdivision of the 5 multifamily lots north of Yellowstone Street and on the south end of Lot 13. On roll call vote, all voted aye. HOUSE MOVING Councilman Griffin asked if the council had in the past acted on house moving permits by motion. Mayor Rapp stated that they had. Councilman Griffin moved that the request of John Fulbright to move a house from Grubbs Motel on 7th Ave. West to-935 6th Ave. West be denied because there is already a house on that lot. Seconded by Councilman O'Boyle. Councilman Griffin read the motion as not requiring council action. The more than one house on one lot does not comply with city ordinance. Question called. All voted aye. Meeting adjourned at 9:50 P. M. 1 r�