03/02/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY,
MARCH 2, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN
WERE PRESENT.
APPROVE MINUTES
Councilman Daley moved the minutes of the regular meeting of February 16, 1981 be approved
as presented. Seconded by Councilman Zauner. Motion carried.
On behalf of the Council and herself, Mayor Happ expressed their sorrow on the drowning
death of Janalee Jenkins, daughter of Louis Jenkins, employee. at the Wastewater Treatment
Plant.
OPEN BIDS
DEMOLITION OF OLD CITY HALL
Pack & Company
Contractor License: 2760-A
Main Bid
Item
1. Demolition of Old City Hall and Removal
2. Site Preparation Est. Quantity: 1,500
Alternate Bid
Bid Bond
Lump sum
C.Y. Unit Price: $6.58
TOTAL MAIN BID
$69,596.00
9,870.00 .
$79,466.00
1. Demolition of Old City Hall and Firehall
Annex & Removal Lump sum $64,596.00
2. Site Preparation Est. Quantity: 1,530 C.Y. Unit Price: $6.58 10,067.40
TOTAL ALTERNATE BID $74,663.40
Operculum Roofing
Contractor License: 4307-A Bid Bond
Main Bid
Item
1. Demolition of Old City Hall and Removal Lump sum
2. Site Preparation Est. Quantity: 1,500 C.Y. Unit Price: $6.90
TOTAL MAIN BID
Alternate Bid
1. Demolition of Old City Hall and Firehall
Annex & Removal
2. Site Preparation Est. Quantity: 1,530
E. F. Matelich Construction Company
Contractor License: 1351-A
Main Bid
Item
1. Demolition of Old City; Hall and Removal
2. Site Preparation Est. Quantity: 1,500
Alternate Bid
1. Demolition of Old City Mall and Firehall
Annex & Removal
2. Site Preparation Est. Quantity: 1,530
Lump sum
C.Y. Unit Price: $6.90
TOTAL ALTERNATE BID
Bid Bond
Lump Sum
C.Y. Unit Price: $4.75
TOTAL MAIN BID
Lump sum
G.Y. Unit Price: $4.75
TOTAL ALTERNATE BTD
$44,750.00
10,350.00
$55,100.00
$47,823.00
10,557.00
$58,380.00
$36,000.00
7,125.00
$43,125.00
$39,480.00
7,267.50
$46,747.50
Councilman Saverud moved that the bids be referred to the Council as a whole and report
back at the next regular meeting. Seconded by Councilman O'Boyle. Motion carried.
OPEN BIDS
TRAFFIC COUNTERS
StreeterAmet "sCashier's Check
Item
Unit Total
No. Quantity Unit Description
Price Price
1. 4 Each:>, Traffic Counters, complete with
all components. Ready for in-
stallation on a broadtube count $1,215.00 $4,860.00
1
1
I -
Continued
Open Bids, Traffic Counters, Streeter Amet bid continued
161
Item Unit Total
No. Quantity Ihit Description Price Price
(Brought forward $1,215.00 $4,860.00)
2. 1 Each Solid State Control Panel only $244.50 $244.50
3. 1 Each Battery Recharger
(2 Unit Charger) 121.00 121.00
Total amount bid $5,225.00
Councilman Daley moved that the bids be referred to the Street & Alley Committee with
power to act. Seconded by Councilman O'Boyle. Finance Director asked the Committee
to consider that even though the traffic counters will be paid by a grant, it was not
a budgeted item. Motion carried.
ADDRESSING THE COUNCIL
Roger Graham, President of American Legion Baseball for the 1981 season, addressed the
Council with a request for a new ball park. Presently they use Griffin Park, which has
several deficiencies, such as lack of parking space, very poor restrooms and poor drainage
when it rains. They also get complaints from adjacent property owners. It is not good
enough to hold tournaments. Mr. Graham suggested that Griffin Park, which covers an en-
tire city block and is considered good commercial property, be sold and seek a new loca-
tion for a baseball field. He said he felt the City could even realize a profit. The
deed to Griffin Park states that it can be sold as long as an equal or better facility
is provided. He said they realize it cannot be done this year, but feel the Council
should start thinking about building a new field at a new location in the near future.
Mayor Happ and Councilman Daley both felt it should be a cooperative effort with Flathead
County because so many county residents use it.
Councilman Smith said she thought it was a marvelous suggestion. People spend a lot of
time with sports - organizing, coaching, etc. and take care of a lot of kids.
Mr. Graham concluded by saying he would check with Flathead County and would also look
around for a new site.
PUBLIC HEARING - Zone change Request for Barnum and JohnstQnptopdity.
On behalf of Irene M. Barnum and Harriet Johnston,Realtor Doug Johns requested a zone
change from R-4 (Residential) to I-1 (Light industrial), on property described as the
Westerly 146 feet of Tract #30-19, in SW4,SW4, Section 8, T 28N, R21W, P.M.M., Flat-
head County, MT and Tract 1, Certificate of Survey #4051, assessor's Tract #30-15 in
the SW14j SW4, Section 8, T 28N, R21W, P.M.M., Flathead County, MT.
The requests were reviewed by the Kalispell Zoning Commission, who resolved that the
requests be granted for the following reasons: a) the site is adjacent to the B.N.R.R.
with access to 4th Avenue East; b) the site is adjacent to existing I-1 zones on the
north and west; c) the requested change is compatible with the Comprehensive Plan;
and d) the Commission feels that this area is not a desirable single family area
adjacent to the railroad.
Councilman Smith stated that the staff evaluation of the Montana Supreme Court Zoning
Test Criteria was affirmative on all 12 points. Evaluation on file in office of City Clerk.
Councilman Smith moved that the request of Irene M..Barnum and Harriet Johnston for
zoning changes be approved. Seconded by Councilman Daley.
Mayor Happ asked if any proponents would like to speak for the request. Doug Johns
stated that he has the Affidavit of Publication of Proper Notice, that adjacent property
owners have been properly notified of the request and time of public hearing and that a
legal description of the property is available at City Hall. The intended use for the
area is for mini storage warehouses. The sale of the two properties will merge as one,
the Barnum property is landlocked, the buffer zone will be complied with and additional
covenants and restrictions will be added to protect the property owners in the area.
Before the 1979 zoning, the area was zoned Light Industrial. It has a very limited
value as residential property because of the railroad.
Mayor Happ asked if there were any opponents who wished to speak for the request.
Councilman Smith read the following letter:
6 3-2-51
To: Kalispell City Council
City Hall
Kalispell, MT
From: Brad Walterskirchen
P. 0. Box 1664 (511 E. Center St.)
Kalispell, MT. 59901
Dear Council:
.I wish to appose (sic) the rezoning classification requests proposed
by Harriet Johnston & Irene Barnum. My property is located on the same
half block as the property in question. It is in my.opinion this would
be harmful to my residentilal (sic) valuation and the.,.possibility of an
increase in taxes on my property is against my interests.
Again, I appose (sic) this proposal.
Thank you,
/s/ Brad Walterskirchen
511 E. Center St.
Kalispell, MT
59901
Alan and Mary Ruby, 403 East Center, stated they had just bought their home in
August with the understanding that it was zoned residential. Mr. Ruby stated he
would like the entire area to remain residential or the entire area be rezoned I-1.
After much discussion on spot zoning, B3 and B4 zoning, the question was called.
Roll call vote. Councilman Smith voted aye, all others voted nay. Motion defeated.
Mr. Johns asked if the Council would vote for l-1 for the entire area. He was told
that if more than the majority of property owners did not object, they would pro-
bably do so.
Mr. Johns stated that he will willing to go through the process again, although it
would take a lot more time. If a change in the Comprehensive Plan is required, it
can all be done at the same time.
PUBLIC HEARING - Depot Park and Depot Zoning
At the request of the City of Kalispell, the Zoning Commission resolved that:
The City of Kalispell commence action to amend the Official Zoning Map as follows:
Change from LM (Light Industrial) to C-3 (Central Business) that area bounded on
the west by the West right-of-way of Main Street (U.S. Highway #93); on the north
by the South right-of-way of the B.N.R.R.; on the east by the East right-of-way of
First Avenue East; and on the south by the North right-of-way of Center Street.
ORDINANCE #972 15 F Y ea� i
Councilman Smith movedho amend the Zoning Ordinance to extend the boundaries of
B-3 to include Depot Park and Depot. Seconded by Councilman Saverud. Roll call
vote. Councilman Smith!! and Councilman Ruiz voted nay. All other Councilmen
voted aye. First reading of Ordinance #972 passed.
PUBLIC HEARING - Engel Addition #126
ORDINANCE #973
Hearing no opposition, Councilman Smith moved first reading of Ordinance #973, an
ordinance to extend the city limits to include the Engel Addition as an R-5 zone,
on condition that property owners sign a waiver of protest to future S.I.D.'s, grant
a 20' easement on the south side:for utilities and pay $300 in lieu of park land.
Seconded by Councilman Saverud. Roll call vote. All voted aye. First reading
passed. E
COMMITTEE REPORTS
SAFETY
Councilman Grainger had no report.
SEWER & WATER
Councilman Granmo moved Director of Public Works Hafferman be authoriied-totcall..
for bids for sewer pipe as he deems necessary for inventory. Seconded by Council-
man Saverud. Motion carried..
163
CITY DEVELOPMENT
Councilman Saverud had no report.
STREET 4 ALLEY
CouncilmanO'Boyle moved to eliminate parallel parking the south side of Third
Street East, between Second and Third Avenues East to establish angle parking.
Seconded by Councilman Daley. Motion carried.
PARKS, RECREATION, AIRPORT
Councilman Daley moved to authorize Director of Public Works Hafferman to call for
bids to repair the swimming pool at Woodland Park. Seconded by Councilman Zauner.
Motion carried.
EMPLOYMENT
Councilman Zauner had no report.
ANNEXATION
RESOLUTION #3321
Councilman Smith moved to adopt Resolution # 3321, a resolution to approve a
request for a resubdivision of Kalispell Lumber Addition #50. The area, con-
sisting of 9.93 acres, will be divided into 2 parcels of 1.76 and 8.17 acres.
Seconded by Councilman Grainger. Roll call vote. All voted aye.
RESOLUTION #3322
Councilman Smith moved to adopt Resolution #3322, a resolution of intention to
annex Junior High School Addition # 97 as Zone R-4. The City will not maintain
the bike path on the adjoining road. Seconded by Councilman Saverud. Roll call
vote. All voted aye.
The Annexation Committee will meet on Wednesday, March 4th at 4:00 P.M. Discussion
on Arndt Annexation and request for zone change for the Outlaw Inn.
FINANCE
Councilman Ruiz reported that the Finance Committee has reviewed the claims for
February and moved they be paid. Seconded by Councilman Zauner. Motion carried.
RESOLUTION #3323
Councilman Ruiz moved to adopt Resolution #3323, a resolution to establish the
maximum rate of interest to be paid on special sidewalk and curb warrants of the
City for 1980. Seconded by Councilman O'Boyle. Roll call vote. All voted aye.
AMBULANCE ACCOUNTS
Councilman Ruiz moved that the following uncollectible ambulance accounts be
abated:
16
OF SERVICE
7/29/79
1/16/79
0127/79,12/12/79,2/7/80
1/23/80,04102180
6/17180
5/01/80
4/20180
4/21/78',5/16/78,6/15/78
7/22/78,8/7/78,11/3/78
6119/79
4/25/80
1/ 14/80
1/ 13/80.
0/15180,10/21/80
2/27/80,03117180
2/20179,01/02/80
6/02/78,06/15/78
0/21/79,11/13/79,12/27/79
3/06/80,03117180
5.124 /79
2/17/79
1/07./79,11/13/79
9/09/80
0/02/80
9/29/79
5/ 13/80,06/05/80
4./01/7p,04/20/79,5/4/79.
5/25/80
1130179
9/21/80,10/02/80
6/04/80
8/15179
5/24/79,06/23/79
0/04/80
0/01.179,10/15/79
3/31/79
6118/80
5122/80
2/18/79,2124/79,2/27179
1/10/79
4/01/80
AMRTMA1Qr17. ArrnTruTc Tn RR AT7_iTT.qTF.T) f)TTT
ACCOUNT NUMBER
# 10867
##11199
## 1 1131,## 11267,## 11458
## 11405,## 11600
##1I817
# 11678
## 11642
##9579,#9629,##9705
##9804,##9853,## 10I20
## 10733
# 11659
## 11379
## 11374•
## 12165,## 12187
## 11509,## 11558
## 11305,## 11341
## 9681,## 9700
#11118,##11]91,#'11325
## 11531,# 11564
# 10664
## 11286
## 11167,## 11190
## 12069
1112136
# 11059
11702,# 11777
# 10523,## 10568,## 10603
## 11748
## 11230
# 12097,## 12128.
##11775 .
## 10930
## 10665,## 10747
## 12133
#1 11064,# 11101
## 10521
##11824
## 11738
# 10423,## 10435,## 10444
#11178
## 11599
NAME
Steve Adams
Maurine Bagshaw
Frank Barnard
Michele Boster
Jessie A. Boyer
Billy Buff
Marguerite Castello
Clarice Caswell
Vickie Clawson
Chrystabell Ekelbrett
Abbie Erickson
Marion -Fisher
John Flynn
Bertha M. Goggins
May Goldizen
Lillie Gregg
Harlan Gwynn
Reuben Hamann
Ann Harris
Martha Hoover
Magda Iverson
Linda Jones
Beverly Kemano
Edna Kreck-low
Marvin Lanfear
Nina Lehmicke
Elizabeth McCarrel
Jenny McCue
Gertrude McManus
Kenneth McQuakey
Viola M. Malone
Robert Marchell
Florence M. Norton
Hans Oldenburg
George Palmer
Inez Peterson
Marie Robinson
Robert A. Smith
Myrtle Tannehill
Torn Welliver
AM U I,T
12.20
4.00
83.70
65.30
9.00
28.00
7.00
74.00
14.20
10.50
30.00
64.50
45.00
1.50
1.50
31.40
130.50
17:50
14.25
18.50
14.28
.40
20.00
2.50
.50
10.00
1.00
1.00
20.00
5.00
51.92
13.50
33.50
58.00
16.00
1.50
18.00
20.00
18.00
.50
$1,018.15
above list includes Medicare/Medicaid patients.. The balance due is considered uncol.lectibl
165
AMBULANCE ACCOUNTS TO BE ADJUSTED OUT
DATE OF. SERVICE
ACCOUNT NUEBER
NAME
AMOUNT
12/02/78
#10203
Rodney Amundson
64.50
03/30/77
#8525
Arthur Anderson
90.00
05/11/78
#9618
Milton Anderson
60.00
07202./78
#9378
Mildred Baldwin
60.00_
C.. ?,/77
#8883
James Bingman
60.00
1179
#10697
Larry Bjorneby
12.00
.77
#8670
Glen Burd
60.00'
'77
#8878
Billy Burk
79.00
/80
# 1 1555
Buckley Burton
60.00-
1, .... f /78
# 10188
Dawn Burow
61.00
01/10/77
#8327
Lloyd Cady
61.00
06/23/73
#9723
JoAnn Calbick
85.00
01/17/80
#11391
Steve Cameron
66.50
01/17/80
#11390
Don Cardin
66.50
05/24/77
#8660
Angeles_Cinell.i.
60.00
07/13/77
#8811
Jessie M. Clark
60.00
10/16/77
#9072
Joel Dressel
61.50
01/29/77
#8386
Robin Driver
69.00
10/15/79
#11099
Brian Esseltine
60.00-
01/02/77
#8309
Terry Everett
60.00
12/11/79
#11303
Karen Forsyth
78.00-
05/23/77
#8654
Bruce Goodman
63.00
09/23177
#9010
Tim Grigg
70.00
10/23/78
#10083
Rae Gunderson
62.50
06/02/77
#8682
Dan Hailstone
60.50
07/22/77
#8851
Curtis A. Hanson.
60.00
03/03/77
#8463
Christin 1liscock
60.00
03/27/77
#8515
Gary Holt
60.00
07/05/77,07/06/77
#8790,#8791
John Huggins
60.00
11/20/79
#11211
Valera Hulsey
60.00-
09/11/77
#8983
Catherine M. Kelley
62.50
1 /77
#9069
Marcil Laverdure
60.00
.1 ^;
49141
Pat Lee
I00.00
f.,§177
/77
49168
Thomas Lowry
60.00
11/08/77
#9135
Ruth Lytle
55.00
07/03./79
# 10776
Toro McDevitt
60.00--,
11/25/77
#9180
LeRoy McKellar
60.00
06/03177
#8690
Larry McKim
60.00
10101177
#9029
John Martinson
60.5.0
09/13/79
#11016
Donald Lee Mills
69.00--i
)2/30/77
#9283
Clifford Nielson
46.50
09/25/77
#9013
John P. Parker
60.50
02/05/77
#8406
Peggy Pierce
62.50
?6/21/78
#9717
Frank Schaeffer
33.50_1
10,/06/79.
#11079'
Bob Sistok
25.00
:)1/13/77
#8344
Florence Smith
60.00
02/2.7/77
#845I
Joe Sumpter
63,50
19/13/80
#12081
Bob Sunday
64.00
)7/12/78
#9778
Dan Svinth
40.10
)6/25/77
#8751
George Swain
91.00
i8/09/77,06/28/78
#8898,#9746
Carolyn Taylor
120.00
I/20/77
#9167
Sharon Taylor
62.50
3/24/79
#10504
Phil Titeca
60.00
)2/01/80
#11440
Iverene Triepke
79.00
:8/04177
#8879
George Trombley, Jr.
79.00
)3,! 77
#8509
Cheryl Tucker
10.00
14; 30
#11657
Rodney James Wallette
40.00 1
i3 77,03/19/77
#8498,#8499
Thomas E. Weaselhead
120.00
131/77
#8927
Roberta Weber
65:00
.1/09/77
#9137
Steven Wingar
38.00
9/23/80
#11965
Glenn Woods
8/04/77
#8877
Marjorie Yellow Bird
.1.00
79.00
3,82.7. 10
4,v fc�. 15
TOTAL $4,845.25
'he above list includes old Credit Bureau (ABC Collections) accounts that are to be written off
_rom the year 1977. Also included are accounts turned over to the City Attorney that are
.or_sidered uncollectible, bankruptcy and no haul accounts.
Seconded by Councilman Smith. Motion carried.
MISCELLANEOUS
166
Mayor Happ announced a meeting of the Finance,Sewer & Water and Parks Committees
regarding Hockaday Art Center and other matters at 7:30 P.M. on March 5th.
CITY COUNTY PLANNING BOARD APPOINTMENT
Councilman Saverud moved Council confirmation of the appointment of Ron Nance to
the City County Planning Board, term to expire March 1, 1983. Seconded by Council-
man O'Boyle. Motion carried.
APPOINTMENTS TO CONRAD MEMORIAL MANSION BOARD
Councilman O'Boyle moved Council confirmation of the following appointments to the
Mansion Board:
Sam Bibler -- June 1, 1985
Everit Sliter - June 1, 1984
James Murphy -- June 1, 1983
Norma E. Happ - Continuing Member
Seconded by Councilman Saverud. Motion carried.`'
PUBLIC SERVICE COMMISSION REPORT
Director of Public Works Hafferman reported that at the PSC meeting to discuss new
rules and regulations, both private utility companies and representatives of city -
owned utilities presented oral and written objections to the proposed regulations.
They were called unworkable -and a tremendous increase to users. Tom Flynn, repre-
senting the City of Kalispell, said the cost might double. After listening for 12
hours, the Committee recessed, then came back and announced they will start over on
now regulations.
City Attorney Donahue stated that HB #771, sponsored by the League of Cities &
Towns, had proposed that the PSC get completely out of the sewer and water business.
This bill was killed. However, HB #765, which would allow utilities to raise their
own rates unless objected to by 15% of the users, was passed by the House and is now
awaiting vote of the Senate. If the 15% objected, then it could go to a PSC Hearing.
Mayor Happ announced that all bills pertaining to revenue for cities and towns were
defeated with the exception of Revenue Sharing. Most legislators seems to be from
rural areas and are not concerned with cities and towns.
Mayor Happ commended the Police Department on the capture of the person who robbed
the Valley Drive-in Bank on February 27th. She also commended both the Police and Fire
Departments for their quick response and valiant efforts to save the life of Janalee
Jenkins the morning of February 27th.
LICENSE 4 PERMIT BONDS
Edward C. Fuller d/b/a
Ferguson Electric & Heating Electrician Continuation. Certificate
Robert Ford & Harvey Hammer d/b/a
Diller -Ford Electric Electrician Continuation Certificate
Councilman Grainger moved that all license and permit bonds reviewed by City Attorney
Donahue be accepted. Seconded by Councilman Granmo. Motion carried.
Doug Johns, realtor, asked Councilman Smith when the six month review of zoning Or-
dinance #961 would be coming up for discussion. He stated there is not much going on
and part of the problem is zoning. Councilman Smith said she would announce a date
for a public meeting at the next regular Council meeting. City Development Director
Gallagher stated that economy and high interest rates have had more effect on the real
estate bu§iness than zoning.
Mayor Happ reported a letter from John Heller, member of the City Zoning Commission,
asking that the council amend the ordinance on the Zoning Commission to provide for
a fifth member. The problem. -is that too many times there is no quorum and the It'
meeting becomes unofficial. It was suggested that the fifth member be either ap-
pointed by the Mayor or elected by the Commission.
City Attorney Donahue reported that this would require a public hearing and should
proceed in the regular manner of mending ordinances.
Councilman Saverud moved to adjourn. Seconded by Councilman Daley. Motion carried.
Minutes approved as presented
March 16, 1981
Norma E. Happ, ayor
M jorie Giermann, City Clerk