Loading...
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. . NAME". �: _ : PROPERTY DATE (Printed & Signature) ADDRESS DESCRIPTION /0 9,1,e"111A1 /iAI^( y1-7146�6 �y/Ge ZQ A11 persons having an interest in the property must sign. NAME /)1A i i PROPERTY DATE (Printed & Signature) ADDRESS DESCRIPTION Ifl .1 -/ / el l sr o4tJ4 t .nl Y-'C/ % % (gllL Pit LC[yC tf; I./ / �SC� �.�\,�ry(y j� j�llc�e + Eeyf� . s'18 K eda dual is Ati s ccn r- 1 %2 g1411 0 Y �iNoTfJjr i . SLd�uL��lf cYt7trtt� t.5/T.t� /Q ti f EL 5 y 5 a 'ter" 1 »figA 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: 1 1 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 HE 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 1