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01/05/76 City Council Minutes458 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P. M., MONDAY, JANUQRY' 5, 1976 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP.PRESIDED. COUNCILMAN BERGSTROM ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Williams moved the minutes of the regular meeting of December 15, 1975, be approved as presented. Seconded by Councilman Allen. Carried. OPEN BIDS - Chlorine PennwaltCorporation P. 0. Box 1297 Tacoma, We. 98401 45 - 74 Tons Freight Total $165/Ton 44/Ton $209/Ton A quarterly price protection is offered which means any adjustment in price will be made only after a written 30 days notice and only on -April 1, July 1, or October 1, 1976. Also, if at any time during the contract period, the price of chlmmine is decreased to like users, we will immediately pass the decrease 6n to the City. SEC Corporation 70 Tons P. 0. Box 243 Billings, Mt. 59103 $299/Ton Ton cylinders to be delivered via our truck to buyers plant in lots of six or more with a maximum of 12 ton per load. Prices quoted are those in effect at time of quote. Any increase from the manufacturer or freight rates will be passed on to the buyer. Cylinders kept over 60 days are subject to a rental charge of $30.00 per month. VanWaters & Rogers $165/Ton P. 0. Box 2767 Freight 61.60/Ton Spokane, Wa. 99220 Total 8226.60/Ton This price is firm until the end of March, 1976. At that tine, there is the possibility of a price increase. We are advised one month in advance , of these chlorine price increases. The freight on a rail car with 15 cylinders is $3.08 per cwt, which includes the return of empty cylinders. Councilman Allen moved the bids be referred to the Sewer & Water Committee with power to act. Seconded by Councilman Sliter. Carried. ADDRESSING THE COUNCIL Austin Miller, representing the Board of Adjustment, reported that the Board has voted 4-0 favoring adoption of an ordinance amending the zoning ordinance, and asked council concurrence. ORDINANCE No. 850 Councilman Williams moved enactment of Ordinance No. 850 An Ordinance to amend Section 7 of the zoning code. Seconded by Councilman Schwartz. Roll Call Vote. All voted aye. Austin Miller, representing Northridge Farms, requested Mission Lane (which was not built) be abandoned. Councilman Sliter moved the request for abandonment of Mission Lane be referred to the. Street & Alley Committee for recommendation. Seconded by Councilman Allen. Carried. Dean Jellison, representing Highland Park Professional Subdivision, presented the preliminary plat for council approval. Be stated that City Attorney Donahue has review- ' ed the plat and has raised questions on the following provisions: (1) The subdivision will install and own their own sewer and water lines. This will also require them to hire their own licensed water and wastewater operator, as required by the state. (2) There is a provision on the plat which says that it is understood that the commonly owned areas enhance the value of the lots, and therefore the lots will reflect that value for taxation purposes. (3) There is no provision to pay the City the 1/9 of the present value of the lots, in lieu of park land, in case a portion of the subdivision might possibly be residential lots at some future time. 459 Attorney Jellison stated that the first provision concerning water and sewer install- ation is an error on their part and that they will install the sewer and water lines according to city standards and grant the city an easement so that the lines will be city owned and maintained. The second provision is customary tag language on all plate, but they will not object to changing the wording if required to do so by the council. The third provision on money in lieu of park land they do object to adding, because they believe there will never be any significant amount of residential lots in the area and no reason for a park area. City Attorney Donahue stated that the provision for sewer & water lines and easements for same should be studied by the sewer & water committee before final acdeptance of the plat. That the County does the assessing, therefore he deems it unnecessary to state anything about the value of the lots on the plat. On the third question concern- ing money in lieu of park land, the lots can, with the consent of 65% of the property owners and Flathead Health Center be changed to residential lots and he believes they should then be subject to the same conditions regarding park land as any other annex- ations of residential areas. Councilman Schwartz moved acceptance of the Preliminary Plat for Highland Park Medical Subdivision subject to resolvement of the three conditions in question. Seconded by Councilman Sliter. Carried. City Attorney Donahue will prepare a letter concerning the preliminary plat for the developers. COMMITTEE REPORTS Councilman Williams reported that the first public hearing on the Comprehensive Plan for the City of Kalispell will be held Thursday, January 8, 1976, at 8:00 P. M. in the Lecture Room at Flathead High School. Sitting on the panel will be Steve Petrini; APO Chairman; a spokesman for the County Commissioners, probably Joe DeLong; Mayor Happ; Councilman Williams; City -County Planning Board President; a representative of the Department of Health & Environmental Sciences and probably a representative of the Montana State Fish & Game Department. Councilman Williams urged all councilmen to attend the hearing. Councilman Schwartz moved that Building Inspector Jackson be permitted to attend the Building Inspectors' Seminar in Helena on January 15th, travel by private transportation and per diem allowed. STREET & ALLEY Councilman Allen moved that Director of Public Works Knebel be instructed to draw up specifications and advertise for bids for a tandem roller for the street department. Seconded by Councilman Williams. Carried. Councilman Allen reported a letter from Taylor, Thon & Associates regarding a very dangerous traffic condition caused by the median on Highway #93 at Sunset Plaza. Traffic from the Plaza must go 250 feet north and then make a left turn to get into the southbound traffic lanes of Highway #93. Councilman Allen moved that the council submit a letter to the State Highway Department reporting the request so that it can be considered by the On -Going Traffic Committee which will be meeting Thursday, January 8th. Seconded by Councilman Williams. Carried. Councilman Allen reported a request from Glory Days Emporium requesting 2-hour parking meters around Depot Park so that employees of businesses and students at the college cannot park all day, and parking spots be available for customers. Councilman Allen moved the request be referred to the Street & Alley Committee. Seconded by Councilman Daley. Carried. Councilman Allen asked about the city policy of towing away illegally parked cars during winter snow plowing months. He asked if it would not be better to ticket them for a $25.00 fine rather than for $5.00 and the towing service getting $15.00 per car. There is also a need for an ordinance to cover drives and lanes in the newer additions to the City for parking cars during snow plowing months. Councilman Allen recommended the matter be referred to the Safety Committee. FINANCE Councilman Sliter reported that the finance committee met and examined claims against the City for December, and moved that all claims approved by the committee be paid. Seconded by Councilman Daley. Carried. 460 Councilman Sliter reported that sidewalk and curb construction for 1975 has been com- pleted and the engineers office has computed the costs against each parcel of property. The bills are ready to send to the property owners as soon as the council determines the amount of administrative charge as required by city ordinance. City Clerk Beardslee recommends this be on a percentage basis. Councilman Sliter moved that a 5% administrative fee for 1976 be added to the sidewalk and curb billings. Seconded by Councilman Schwartz. Carried. Councilman Sliter moved that City Clerk Beardslee be authorized to publish notice of sale of Sidewalk & Curb Warrants. Seconded by Councilman Schwartz. Carried. Councilman Sliter moved that City Attorney Donahue prepare resolutions providing for issuance of S & C Warrants and levying an assessment and tax against property in front of which sidewalks, curbs, and gutters have been constructed. Seconded by Councilman Schwartz. Carried. CITY DEVELOPMENT Councilman Granmo reported a letter from the Montana Social & Rehabilitation Services local office requesting relief for severely handicapped persons from parking meter regulations. Many states have state laws granting special license plates or stickers to handicapped persons, but Montana does not. , The City Development Committee met for the purpose of determining what use to make of the newly acquired property south of present property. Councilman Granmo reported that it would take a great deal of money to make it into a fairly permanent police department, so that the present police facility could be torn down to make room for a new city hall. Less money could be spent for a temporary police headquarters and more put into the new portion. He stated that we would have to decide how long it will be used and this will determine the amount of money to be spent. Councilman generally agreed that it would take a professional architect; to go over the city hall study and tell them how to proceed. Council will meet as a committee of the whole to discuss the problem thoroughly. SEWER & WATER Councilman Olson asked that the following letter be incorporated into the minutes: 226 CMIHON HWSE OFFICE SUILOW6 iNAEHIN6TON, D.C. 20515 (202) 2254211 180411TN AvE e HE"., MOWAHA 59601 (406)448-4041 FEDERAL SM.... BU E, M....A 59701 (406)792-8700 MAX BAUCUS I im DISTRICT, MowmA COMMITTEE ON APPROPRIATIONS Conarels; of the aniteb otato Woe of 3ieproentatiba Mobfnsta, O.C. 20515 December 19, 1975 Mr. Pobert G. Olson P.O. Box 1035 Kalispell, Montana 59901 Dear Mr. Olson: PV01F"L BUIIDINO flux 1488 Wswuu, MOe .A 59801 (406) 728-2048 TOLLFREE LINE FOR PERSONALSERVICE I (NO) 887-6106 Thank you so much for your letter concerning Kalispell's application under the Community Development Act to alleviate a serious flooding problem. I will be most happy to con- tact the appropriate authorities with my support and encourage quick approval. Please don't hesitate to ask me for assistance .in matters such as this. This is part of my job and I hope I will be able to be of help to Kalispell in the future. Again, thanks for writing. I will let you know as soon as I hear of any thing substantive. if. I may be of additional assistance, please let me know. 461 1 With best personal regards, I am Sincerely, Councilman Olson asked that the following letter be incorporated into the minutes: Ifonjullin C.�RQin¢¢rd 923 South Main Simat Kalispell, Montana 01 p o 53 T. H.Thomas, President Ph. 755-5246 - Area Code 406 WayneW. Dean, Secretary -Treasurer OFFICES IN GREAT FALLS, BOZEMAN AND KALISPELL 1200 Twenty-Fihhstreet South - Great Falls, Montana 5940S Ph. 761-3010 - Area Code 406 1 Mr. Bob Olson, Chairman Water and Sewer Committee City of Kalispell Kalispell, Mont. 59901 Dear Bob, January 5, 1976 Re: Kalispell Storm Drains, Phase I We are taking this opportunity to remind the City of Kalispell of the status of the subject project. As you will recall, the council agreed to postpone award of the contract and further activity on the project until early in 1976 when a decision would be made on financing, award of contract and/or rebidding the project. At this time, we would like to note that renegotiating or rebidding the project could take four to six weeks. If renego- tiation is not successful and rebidding,as well as negotiating is necessary, the time period could be 8 to 12 weeks. The time period for selling bonds has been estimated before by D.A, David- son to require six to eight weeks. Unforseeable delays may be experienced in the procedures required to bring this project to award stage that could increase time requirements beyond those mentioned above. After award, the contractor will likely require up to one month for materials delivery prior to beginning construction. As can be seen, it is not too early to begin serious consideration of the progress of this project if it is to be constructed in 1976. ENGINEERING STUDIES - DESIGN - SURVEYS 462 Mr, Bob Olson January 5, 1976 Page 2 An estimated schedule for the project is as follows: Date Activity February 1 Council authorizes bonding agency to arrange , sale of bonds & authorizes engineer to negotiate with contractor. March 1 Bond sale advertising begins. Negotiations with contractor are completed. If nego- tiations are unsuccessful, council authorizes call for rebid of project. April 1 Bonds are sold. Bid, opening for project, if necessary. April 15 Award project if re -bid. May 15 Contractor begins work (on 180 day schedule) Funds from bond sale are available. Nov, 15 Project is completed. The councils early consideration of the status of the project and the requirements for financing will help to assure that the ' project can be completed within the upcoming construction season. If you have any questions, please contact us. DED:mt Very truly yours, THOMAS, DEAN, & HOSKINS, INC. BY: Dough E. Daniels Doug Daniels, representing Thomas, Dean & Hoskins, Inc, stated that he had talked by phone with John Easley of D. A. Davidson, Inc, and that two things are holding up sale of bonds for storm sewer project — (1) Modification from D. A. Davidson's Attorneys in Minneapolis of our sewer ordinance and (2) Confirmation from City of Kalispell that the new sewer rates will finance repayment of the bonds. He forsees two months to sell the bonds and two more months to receive the money. Councilman Olson reported a bill from Flathead County Refuse District for hauling sludge from the wastewater treatment plant is being held pending a meeting in Mid — January with EPA officials from Denver and Don Willems, Water Quality Bureau, Montana State Department of Health & Environmental Sciences. Councilman Olson reported he had received a set of new rules and regulations from the Public Service Commission concerning our water utility and moved that City Attorney Donahue, Water Supt. Longpre and City Clerk Beardslee review and recommend changes as set forth by the PSC. Seconded by Councilman Williams. Carried. Mayor Happ reported that Dave Stahly reported to her today that our application under the CDA for federal aid to build the storm sewer is ready along with other documents and letters and looks like a very good proposal. It will be ready for signature next Monday Q� and will be mailed Tuesday. Councilman Olson reported a letter from Building Inspector Jackson stating that he would recommend a licensed plumber be hired to tap into the storm sewer when it is ready. The Pifer property which was offered to the City free in exchange for installing sewer and water lines has been cut down in size and the request for a 4" sewer line -has been increased to a 6" main with 5 sewer hookups, and 4 additional water hookups to the now existing service. Mayor Happ reported a letter from the Montana Fish & Game Department offering a 50' X 60, piece of property on their south property line and bordering on Meridian Road in exchange for a driveway and free water. Sewer & Water Committee will review the proposal to see if they want to limit the number of years or amount of free water. Councilman Williams moved that City Clerk Beardslee, President of Montana Clerks, Treasurers & Finance Officers Association be permitted to attend their meeting in Glasgow on January 13th with travel by train and per diem authorized. Seconded by Councilman Olson. Carried. City Clerk Beardslee reported that Dan Mizner, Executive Director of the Montana League of Cities & Towns will attend the next council meeting, January 19th to discuss plans for the annual convention to be held in Kalispell next September. Councilman Daley moved that Ron DuPuy, having satisfactorily completed the six month probationary period, be confirmed Detective Sergeant of the police department. Second- ed by Councilman Allen. Carried. Mayor Happ read a letter from Sgt. Dave Brewer, Police Department, stating that he was resigning as of December 31, 1975 to enter private business. Mayor Happ expressed her regret,at his leaving and wished him well in his new enterprise. Mayor Happ read a letter from Fire Chief Peters which stated that Floyd Bechtold and Clifford Willis have satisfactorily completed a one year probation period and asked that they be confirmed as regular firemen as of January 1, 1976. Councilman Sliter moved that Floyd Bechtold and Clifford Willis be confirmed as regular firemen as of January 1, 1976. Seconded by Councilman Granmo. Carried. Councilman Allen moved that the Job Description Report made by the Montana League of Cities -& Towns be reviewed by the Employment Committee for any further changes or additions. Seconded by Councilman Schwartz. Carried. Councilman Sliter moved that uncollectible ambulance accounts in the amount of $39633.46 and covering the past five years be written off. Seconded by Councilman Schwartz. Carried. The list of uncollectible ambulance accounts written off is as follows: Name Amount Name Amount Arch Allergers 22.00 Doug Cardin 27.40 Edna Amick 22.00 Doug Cardin 22.00 Bob Anderson 22.00 Marlene Cisco 22.00 Robert Arndt 22.00 Leslie J. Collier 7.00 Bill Baker 52.60 Victor Cottrell 22.00 Leo Beller 42.30 Richard Cox 22.00 Leo Beller 51.10 Stan Deverill 22.00 Selma Bigelow 22.00 Jenny Donat 22.00 Harold Blanton 31.90 Carly John Dramer 109.50 Earl Briggs 22.00 Mary Ek 26.20 John Britte 10.95 Sally Eneas 25.90 Margaret Bruno 25.90 Ray Evert 33.00 Margaret Bruno 26.20 Errol Flynn 22.00 John P. Bullin 22.00 John T. Gallineaux 22.00 John P. Bullin 22.00 Aileen Gilham 165.90 Jack Burgess 26.20 Michael Glass 22.00 Buckley Burton 22.00 Ellen Gleason 22.00 John Burton 38.20 Dan Glenn 33.00 art Name Amount Name Amount Robert Goss 22.00 Delores Mitchell 4.60 Alimina Grant 23.50 Don Mogensen 37.00 Gene Grissom 170.30 James 0. Ness 22.00 Dawn Harper 33.00 James 0. Ness 22.00 Sharon Harris 31.30 Phil Panttin 7.66 Mike Harvey 34.30 William Paterson 11.00 Mary Healy 2.36 Phyllis Paul 6.02 Carol Hendricks 26.60 Phyllis Paul 17.00 Randy Hemmah 22.90 Ronald Pires 22.00 Herman Heppner 22.00 Eugene Polecretti 22.00 Wayne Hillard 26.50 Vern Powell 22.00 Clement Holmquist 22.00 Marilyn Pritchard 22.00 Clement Holmquist 22.00 Jim Probert 22.30 Nora Holmquist 22.00 Dorothy Rambo 12.00 Ole Hopperstad 22.00 James Rasmussen 25.60 Clifford Hoover 25.00 Brace Rauthe 34.20 John Howley 37.00 Robert Richter 29.50 James Jackson 22.00 Scott Roth 22.00 Marlin Jackson 26.20 Franklin Schenk 42.10 Robert Jeakins 27.70 Robert Schmalz 22.00 Mary Johnson 22.00 Darlene Scott 22.00 Richard Johnson _ 22.30 Steven Scott 22.00 Charles Jones 22.30 Mrs. Jerry Secgrd 24.70 Charles Jones 125.50 Tom Shipp 33.10 B. D. Juelfs 25.30 Fred Simpson 22.00 William A. King 22.00 Carol Smith 22.90 Lucile Kjorvestad 22.00 Keith Morrison Southard 48.80 Lenny Knapp 22.00 Hayes Spelman 22.00 Gordon Knopp 24.40 _ Darling Ann Spencer 20.00 Jay Kopphahn 22.00 Carl Stenberg 22.00 Ed Lapp 35.40 Lucille Stocker 20.80 Mike Larrivee 22.00 Ceylon Stowell 23.20 David Layton 22.60 Ceylon Stowell 23.20 Ben Lloyd- 22.00 Russell Stowell 22.00 Jerri Loucks 22.60 Dennis Thornton 33.00 Jerri Loucks 22.00 Kim Dhde 37.00 Michael Loughlin 33.00 Janice Von Wald 22.00 Vurdette MacDouglall 22.00 Mrs. Richard Wade 22.00 J. Arthur McCann 11.60 Marvin Lee Walter 5.30 Curtis McKnight 29.00 Patricia Weaver 33.00 Sherry McQueen 22.00 Ems, Whetmore 24.70 Russell Madison 33.00 Georgia White 33.00 Mike Madman 33.00 Troy Williams 22.00 Ione L. Marcau 22.00 Melody Wilson 22.00 Adrian Maynard 22.00 Dennis Winjum 22.00 Jason Miller 42.37_ Linda Woods 22.00 Thelma Minton 23.50 TOTAL 3, 33�. LICENSE & PERMIT BONDS Tom Michnal & Dave Michnal dba Heating & Air Conditioning Bond_ Glacier View Refrigeration Contractor William Walbon, dba Walbon Plumbing Plumber Cont. Certificate J. Wayne Dunlap dba Dunlap Electric Electrician Cont. Certificate Dallas Munter dba, Munter Plumbing Plumber Cont. Certificate A. R. Lyford dba Lyford Plumbing & Heating Plumber Cont. Certificate A. R.-Lyford dba, Lyford Plumbing & Heating Gas Installer Cont. Certificate Clarence A. Clapper dba City Plumbing & Heating Plumber Cont. Certificate The Daily Inter Lake Legal Publishing Contract Bond 465 Councilman Sliter moved that license & permit bonds as reviewed by City Attorney Donahue be approved. Seconded by Councilman Allen. Carried. Councilman Schwartz moved adjournment. Seconded by Councilman Allen. Carried. Minutes approved as presented, January 19, 1976. 1