10/03/83 City Council Minutes129.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY,
OCTOBER 3, 1983 IN THB COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWuLL PRESIDED. ALL
COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Zauner moved to approve the minutes of the regular meeting of September 19,
1983 as presented. Seconded by Councilman Ruiz. Motion carried.
OPEN BIDS - Two Police Cars
Firm
Bid Deposit
Bid
Roy Stanley Chevrolet
Check Bid
price of
2 cars with no trade in
$21,679.98
$2,167.99 Bid
price of
2 cars if trade-in 1
1980
Plymouth Volare
19,579.98
Model and Make:
Bid
price of
2 cars if trade-in 2 cars:
1980
Plymouth Volare
8,739.99
1984 Chevrolet Impala
1978
Plymouth Volare
9,239.99
4 door
Bid
price of
2 cars if trade-in 2 cars:
1980
Plymouth Volare
8,739.99
Delivery Date: 1/3/84
1980
Pontiac Catalina
7,389.99
Tannehill Auto Center
Bank M.O. Bid
price of
2 cars with no trade-in
$21,614.00
$2;161.40 Bid
price of
2 cars if trade-in 1
1980
Plymouth Volare
21,214.00
Model and Make:
Bid
price of
2 cars if trade-in 2 cars:
1984 Dodge Diplomat
1980
Plymouth Volare
21,214.00
1978
Plymouth Volare
20,914.00
Delivery Date:
Bid
price of
2 cars if trade-in 2 cars:
Approximately 60 days
from
1980
Plymouth Volare
21,214.00
bid
1980
Pontiac Catalina
20,714.00
acceptance.
Councilman Grainger moved
to refer the
bids to
the Safety Committee with power
to act.
Seconded by Councilman
Vidal. Motion
carried.
OPEN BIDS - Gasoline
and Diesel Fuel
Firm: Walter Distributing
Bid deposit: Cashier's Check$,3,479.77
Unit
Price/Gal.
BID
FOB
EST.
TOTAL
ITEM
DESCRIPTION
KALISPELL
MARK-UP
TOTAL GAL.
AMOUNT
I.
-= Regular; -GAsoline'.-
$1.15251*
$.058
$1.21051 13;000:-=;-_-
$15,736.63
2.
Unleaded Gasoline.
1,18751*
.058
1.24551 8,700
10,835.93
3.
No. 2 Diesel
.89842
.058
.95642 8,600
8,225.21
*Gasoline includes
15� State Tax
9(1, Federal
Tax GRAND
TOTAL $34,797.77
Firm: Valcon Distributing Bid Deposit: Bank Draft $2,894.50
1. Regular Gasoline $.91251 $.04 $.95251* 13,000 $12,382.63*
2. Unleaded Gasoline .94251 .04 .98251* 8,700 8,547.84*
3. No. 2 Diesel .89192 .04 .93192* 8,600 8,014.51*
* Price to escalate with Conoco Posted Price
** Plus any -State and Federal Taxes GRAND TOTAL $2.8,944.98'° _
Firm: City
Service, Inc.
Bid
Deposit: Cashier's Check
$3,396.31.
1. Regular Gasoline
$1.1528
$.035
$1.1878 13,000
$15,441.40
2. Unleaded Gasoline
1.1845
.035
1.2195 8,700
10,609.65
3. No. 2 Diesel
.885
.035
.92 8,600
7,912.00
Note: Gasoline prices includes .15C
state tax and .09G Federal tax GRAND TOTAL $33,963.05
Firm:
Richards Oil Co., Inc. Bid Deposit: Cashier's Check
$3,466.00
1. Regular Gasoline
$1.1625
$.05 $1.2125
13,000
$15,762.50
2. Unleaded Gasoline
1.1925
.05 1.2425
8,700
10,809.75
3. No. 2 Diesel
.8865
.0535 .94
8,600
8,084.00
All taxes
are included in the
gasolines
No taxes
are included in the
diesel GRAND TOTAL
$34,656.25
130.
Councilman Nystul moved to refer the bids to the Finance Committee with power to act.
Seconded by Councilman Grainger. Councilman Ruiz asked if the bids for gasoline and
diesel fuel could be let separately. Finance Committee will check this. Question
called. Motion carried.
ADDRESSING THE COUNCIL
Mayor McDowell made three calls.for anyone wishing to address the Council. No one
responded.
COMMITTEE REPORTS
SEWER & WATER
.THIRD AVENUE EAST ENTERPRISES UTILITY AGREEMENT
Councilman Ruiz moved to authorize Mayor McDowell to sign a.Developer Extension
Agreement with Third Avenue East Enterprises. Seconded by Councilman Vidal.
Conditions of the agreement are to extend water and sewer service from the existing
main near the Southeast corner of 18th Street and Third Avenue East intersection to an
area which includes a portion of the Arndt Addition and the Walker Addition. The agree-
ment will be in effect for a period of 10 years from date of completion, paid for by
the Developer, and become the property of the City on termination of the agreement.
The City shall receive payment.for establishing usage and connection fees, in accord-
ance with the City's rate schedule. The Developek,shalU pay all the costs sin -estab-
lishing and maintaining an escrow account. The City shall not issue any permits for
connection to the entity, unless said user pays to the Escrow Agent all fees set forth
In the agreement and presents a receipt at the time of connection. Total cost of the
extended main is $28,002.03. A list of all tracts covered by the agreement, the area,
square footage and established fee for each is a part of the agreement and on file in
the office of the City Clerk. Question called. Motion carried.
MARK III, INC., UTILITY AGREEMENT
Councilman Ruiz moved to authorize Mayor McDowell to,sgn a Developer Extension Agree-
ment with Mark III, Inc. Seconded by Councilman Zauner.
The purpose of this agreement is to provide for a sewage collection system for the
following lots: Lots 61-69, Lots 92-101. Lots 76-89,, Lots 113-121 (including the well_-,.,
site), Greenacres West Unit #3; and Lots 40-48 and Lot.60 of Greenacres West Unit#2.
The agreement shall be in effect for a period of 10 years from date of completion.
On termination, the extended mains shall become the property of the City. Total cost
is $61,079.00, which shall be paid'by .the Developer. The City shall maintain the.
extended mains after notification of acceptable construction. However, the Developer
shall replace or repair any defect in material or workmanship for a period of one year
from completion date. The City shall receive payment for all established connection
fees. The Developer shall pay the City for sewage delivered to the city in accordance
with this agreement. The.,City shall not issue any permit for connection until the per-
mitter pays to the Escrow Agent the fees established by this agreement and presents a
receipt from the Escrow Agent to the City. The fee for each lot shall be $1,152.00,
plus $402.19 for repayment for connection to the Pump Station and Force Main provided
for in the agreement of July 21, 1981.. Agreement on file in the office of the City
Clerk.
Councilman Palmer questioned several aspects of the situation. He asked about City
policy. He stared that he felt we are! -not encouraging annexation and if we do annex
we may be getting areas that are sub -standard to City requirements. Also, a question
as to,why:some lots are not being served.
Councilman Saverud stated that when this agreement was requested and granted,,.the
standards were O.K. When you have a waiver of annexation and to future S.I.D.w's, you
are protected. They do pay 125% rate.
Councilman Vidal questioned the capacity of the treatment plant. Councilman Ruiz
stated that former Director of Public Works indicated iffe are now operating at 40 to 50%
capacity. We are in.the utility business. We have told.Evergreen to go ahead and we
have a,.%cotmitment to the North Valley Sewer District (Bitney & Schultz).
Councilman Palmer stated that he. had no problem with individual cases with septic
tank problems, but we are not going to grow when we keep subsidizing developers of
subdivisions. He stated he is;,:against the motion until he knows why all the area is
not included. Question called. Councilman Palmer voted nay. All others voted aye.
Motion carried.
GRANDVIEW TOWNHOUSES ENCUMBRANCE AGREEMENT
Councilman Ruiz moved that Mayor McDowell be authorized to execute an Encumbrance
Agreement with Grandview Townhouses. Seconded by Councilman Nystul.
131.
Grandview Townhouses is a subdivision north of the City limits and adjacent to Grand-
view Addition #1. The City Council authorized the Developer to connect to sewer and
water mains on February 1, 1982, provided certain conditions were met by the Develop-
er~prior to connection. The City and Developer, in the Encumbrance Agreement, agree
that the Developer shall connect utilities to City water and sewer Service -at locations
designated and approved by the Public Works Department; that the Developer waives all
rights to protest annexation should the City in the future determine that annexation
is in the City's best interest; that all work be done in accordance with the Standards
and General Provisions for Design and Construction of the City; that at the time of,
or prior to annexation, the Developer shall install at his own expense and waives the
right to protest S.I.D. assessments for necessary improvements required by the City
necessary to provide fire flow meeting the requirements of the "Guide for Determina-
tion of Required Fire Flow''', as published by Insurance Office Municipal Survey:"Service
and water, steµt,, curb, gutter, sidewalk and storm drain improvements; and that at
the time of completion of the connection to City water and sewer service, enter into a
Developers Extension Agreement in accordance with the Rules and Regulations of the City
of Kalispell's Sewer and Water Department.
Question called. All voted aye.
Councilman Ruiz moved to.remove,from the table the consider a ion of.the bid award for
the golf clubhouse roof. Seconded by Councilman Vidal. Carried.
Councilman Ruiz explained that the request of the Council at the Special Meeting to
come up with an agreement with the Kalispell Golf Association regarding expenses over
the amount budgeted has been.:done. An agreement has been'drawm:up by City Attorney
Neier whereby the City, the Golf Association and Sandon Construction Company agree
that the cost of the Golf Course Club House roof is $30,995.00, which shall be payable
to Sandon Construction as follows: 1) the sum of $25,000.00 shall be paid by the City
of Kalispell,.and the remainder, including any extra cost that may be incurred, shall
be paid by the .Association.
Councilman Ruiz moved that Mayor McDowell be authorized to sign the agreement with�the
Golf Association and Sandon Construction. Seconded by Councilman Vidal.
Councilmen Palmer and Zauner both stated that they had talked with golfers who thought
the Association should be able to finance the project themselves. Councilman Palmer
also does not like the five year lease, but would prefer a one year lease.
Councilman Nystul stated that the new roof would make for a.more efficient, energy -
saving facility which would be available to cross-country skiers and would benefit both
the City and Association by making it a year around facility.
Councilman Vidal stated that it was her understanding that there was a strong feeling
in the Association that they did not want to re -roof unless they owned the building.
She spoke in favor of the agreement and the motion to accept.
Councilman Zauner stated that it is the same kind of deal that we are making with the
Airport for a profit making entity.
Councilman Ruiz stated that he agreed with both Councilmen Vidal and Palmer, but the
Board represents all golfers and it all belongs to the City. It is not really a profit -
making entity as all revenues go back into the property. The golf course lease used to
be for five years but when they received the BOR Grant, one of the requirements was a
one year lease. That requirement does not hold now and to save paperwork each year,
they went -back to five years.
Question called. Councilmen Saverud, O'Boyle and Palmer voted nay. All others voted
aye. Motion carried.
FINANCE
Councilman Nystul moved that all August claims reviewed and approved by the committee
be paid. Seconded by Councilman Vidal. Motion carried.
EMPLOYMENT
Councilman. Zauner had no report.
ANNEXATION
Councilman Palmer announced an Annexation Committee meeting for 4:00 P.M.'Tuesday,
October llth.. Discussion will include island annexations-, general boundaries. and PUD.
132.
STREET & ALLEY
Councilman O'Boyle reported a request from the State Department of Revenue, Liquor
Division, requesting a 4 x 6 sign reading "State Liquor Store" be placed at the north-
west corner of a ballfield on Highway #93 South. The sign is presently on 18th Street.
Councilman Vidal stated that there has been requests in the past for signs, such as
Rotary Club, Conrad Mansion, etc. She feels that if`you let one in, others will expect
the same consideration. Her idea is to have one "Welcome" sign and list the clubs or
organizations.
Police chief Stefanic stated he would rather they place the sign on Highway light -of -
way. The property is maintained'by the,Parks Department and a sign or signs would
make it difficult'to mow.
Couneilma.n O'Boyle moved that the request be referred to the State Highway Department
for placement on:their right -of --way. Seconded by Councilman Palmer. Motion carried.
City Attorney Neier has been approached by people where we dump excavation dirt who
are requesting that we Cease. The area is behind Weissmans. It is causing much dust
in the area and businesses are complaining. Suggestions were,Flathead Sports, who
are asking for fill, Lawrence Park, or the dump ground on Willow Glen Drive.
PARKS
Councilman Vidal reported that her committee has discussed.the future of Lawrence Park.
At present, because of the lack of money for development, they will try to fill, level
and grade the area. At some point it would be a potential area for new ballfields but
sewer, water and access would be problems.
Councilman Vidal stated that she is asking the Council to adopt a resolution tonight
to approve an application for a BOR Grant to assist with Bruckhauser Pool Renovation.
The deadline for applying is November 1st. There is no limit on the amount of grants
but the City must be able to match the grant. Any amount we would receive would reduce
the General Obligation Bond sale by that much.
RESOLUTION #3499
Councilman Vidal moved to adopt Resolution #3499 a resolution on Acquisition or
Development for Outdoor Recreation under the Land and Water Conservation Fund Program.
Seconded by Councilman Saverud. Roll call vote. All voted aye.
Councilman Vidal asked the media to assist in every way possible to obtain a 40% turn-
out of registered voters for the bond issue to finance the pool. There are some indiv-
iduals working on promotion plans this month.
CITY DEVELOPMENT
Councilman Saverud reported that he attended a meeting of the Montana Economic Development
Board of the Governor's Build Montana program. The Board has seven members. The first
meeting was in Kalispell and there was good attendance. The program is important to
Kalispell and Flathead County because the purpose is to help with financial aid to the
private sector and small business by the issuance. of Umbrella Industrial Revenue Bonds.
If a developmenv.is too small for regular bonds, the State has the authority to assist
with small issues. Our representative is from Lincoln County.
SAFETY
Councilman Grainger reported a Safety Committee
Meeting for
Friday, October 7th at
11:00 A.M.
MISCELLANEOUS
The Finance Committee will meet on Tuesday, the
llth, for a
few minutes
before the 4:00
P. M. Annexation Committee meeting.
Councilman Nystul stated thati'the minutes of the
ported that our summer intern, Chuck Stearns, was
September
a student
6th meeting
at Montana
erroneously re-
State Univer-
sity and.s$o. a,'read University of Montana.
Councilman Saverud moved that Councilman Palmer
be given permission
to
attend the
Inland Northwest Council of Elected Officials in Spokane.
Seconded by
Councilman
Ruiz. Carried.
Councilman Grainger moved to adjourn. Seconded by Councilman Zauner. Motion carried.
Meeting adjourned at 8:45 P.M.
Approved as presented October 17, 1983
MIME
ATTEST:.
R
Marjorie Giermann, City Clerk -Treasurer