03/01/76 City Council Minutes13
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY,
MARCH 1, 1976 IIQ THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN
OLSON ON VACATION; COUNCILMEN SCHWARTZ AND GRANMO ILL. ALL OTHER COUNCILMEN PRESENT.
APPROVE MINUTES
Councilman Daley moved the minutes of the February 16, 1976 meeting be approved as
presented. Seconded by Councilman Sliter. Carried.
ADDRESSING THE COUNCIL
Attorney Dean Jellison presented the plat of Highland Park Medical Subdivision to the
council with changes on money in lieu of park land in the event any of the lots become
residential lots, and construction of sewer and water lines suitable to city and
state department of health regulations as requested by City Attorney Donahue.
' Councilman Williams moved the plat be referred to the annexation committee. Seconded
by Councilman Allen. Carried.
INSURANCE
Chet Ellingson, representing the Kalispell Association of Insurance Agents, presented
reasons why the city should let the association serve their insurance needs rather
than an insurance committee. The association has an office manager who will keep a
record of best companies for certain insurance needs; keep loss records; make detail—
ed annual reports; assist in city budgeting for insurance needs; be as competitive
as possible and make certain the city is covered in all respects. Earnings of the
association will be used first to maintain their office, secondly will do some benev—
olent work such as defensive driving courses, fire school, etc. and after that will
probably pay individual insurance agents. The association presently is handling county
and school insurance needs and would like also to serve the city.
Councilman Sliter moved we turn our insurance coverage over to the Kalispell Association
of Insurance Agents, effective immediately. Seconded by Councilman Daley. Carried.
COMMITTEE REPORTS
FINANCE
Councilman Sliter reported that the finance committee has reviewed city claims for
February, found them in order and moved they be paid. Seconded by Councilman Allen.
Carried.
SEWER & WATER
Councilman Sliter reported that Ordinance #852 an ordinance fixing sewer hook—up rates
has been amended to read in part "There is hereby created and the Treasurer shall
maintain, 'a special sanitary sewer capital improvement fund account'. All connection
fees collected by the city treasurer pursuant to this ordinance shall be deposited
into said account. The funds accumulated in said account shall be retained therein
and used by the city only for the purpose of replacement or capital improvement of
the existing sanitary sewer lines of the City of Kalispell".
Councilman Sliter moved final adoption of Ordinance ,#852 as amended. Seconded by
Councilman Allen. Roll call vote. All voted aye.
Councilman Sliter moved the city council accept S.I.D. 315 as completed as recommended
by Director of Public Works Knebel. Seconded by Councilman Williams. Carried.
Councilman Sliter moved that the city council interview consulting engineer firms
who have offices in the area for the purpose of retaining their services. Seconded
by Councilman Williams. Carried.
ORDINANCE NO. 854
Councilman Sliter moved enactment of Ordinance No. 854, an ordinance adopting sewer
regulations as recommended by EPA. Seconded by Councilman Daley. Roll call vote. All
voted aye.
The following letter re: Ordinance No. 854 was received from EPA:
gl,l�q
,�REo sig7Fs
i
g lAwl UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
shl�l pgplEL REGION VIII
1860 LINCOLN STREET
DENVER.COLORADO e0203
Ref: 8W-OG'
lift 2 S ,
Honorable Norma E. Happ
Mayor, City of Kalispell
P. 0. Box 1035
Kalispell, Montana 5990i
Re: Federal Sewage Works Grant
C 300163
Kalispell
Dear Mayor Happ:
Reference is made to Mr. Harvey Knebel's letter, with enclosed
copy of proposed ordinance dated February 11, 1976.
We have reviewed this proposed ordinance and find it meets all
requirements of the related condition contained in the Federal Grant
for sewage treatment works. Upon adoption of this ordinance by the
City of Kalispell we would appreciate receiving a certified copy for
our files which will alleviate any audit exception.
Your early response to our request, for this action, is greatly
appreciated.
Sincerely yours,
William H.yHormberg, P.E. V
Director
Office of Grants
Water Division
cc: Mr. Donald G. Willems
Morrison & Maierle Engineers
PARKS
Councilman Daley reported that the park committee will be meeting March 2nd with
representatives of men and women's softball leagues to iron out what we are doing and
what we expect them to do.
GAMBLPjG
Councilman Daley reported that Mayor Rapp had requested that City Attorney Donahue
review gambling resolution ITO. 2968 and all forms and procedures used by the city for
granting and renewing gaming licenses, to review the Montana Card Games Act and
recommend new City of Kalispell Rules and Regulations. City Attorney Donahue has done
so and furnished his proposals to Mayor Happ.
GAMBLING COMMITTEE
Mayor Rapp appointed a Gambling Committee consisting of herself, Councilman Daley,
Councilman Allen, Police Chief McDowell and City Attorney Donahue. This. is to be a
permanent committee for the purpose of reviewing all gambling license applications;
conducting any hearings necessary under the city's gambling regulations and make
recommendations to the council on granting gaming licenses; investigate any complaints
of violations of the city gambling regulations and make recommendations to the county
of any administrative action to be taken against city gambling license holders.
Councilman Daley moved this committee be confirmed by the council. Seconded by Council-
men Sliter. Carried.
Ll
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STREET & ALLEY
LJ
1
Councilman Allen moved the bid for one metal wheel roller be awarded to Treasure State
Equipment Company for the low bid of $19,931.00 for a 5-8 ton roller, less $3,000.00
trade in for the old roller. Seconded by Councilman Williams. Carried,..
Councilman Allen moved authorization for Director of Public Works Knebel to purchase
hydraulic control equipment for the Allis Chalmer Grader at a cost of $2,000.00. This
is for a grader in good condition that can be used by both the street and park depart-
ments. Payment will be made from the $30,000 budgeted for street equipment in Revenue
Sharing fund. Seconded by Councilman Sliter. Carried.
Councilman Allen reported that the parking commission has a hands -off policy on the
request for parking meters around Depot Park. Councilman Allen moved that 2 hour -
parking meters be installed around Depot Park with the exception of 60 feet on the
curare off Main Street which will be painted for 'no parking'. Seconded by Councilman
Daley. Carried,
Councilman Allen reported that after several meetings with the highway department and
Doug Daniels the street and alley committee would recommend that the portion of street
repair from Center Street to 5th Street on the 1st. Avenue East Storm Sewer Project be
removed from the sewer project and placed under the Urban Highway program and paid from
state highway funds, That Center Street from Main to lath Avenue East be added to this
same project.
Councilman Allen moved that the council amend Phase I of the Storm Sewer Project to
exclude that portion to be constructed by urban highway funds, that portion being
street construction on 1st. Avenue East from Center Street to 5th Street.- Seconded by
Councilman Sliter. Carried.
Councilman Allen moved the council make #1 priority under Urban Highway Program, Center
Street from Main to 4th Avenue East and 1st Avenue East from Center to 5th Street.
Seconded by Councilman Sliter. Carried.
The following letter signed by Mayor Happ and Flathead County Commissioners will be
forwarded to Mr. Jim Keithley, State Highway Department:
Kalispell, Montana 59901
February 27, 1976
James Keithley
Montana State Highway Department
5th Ave, E. N. and Montana St.
Kalispell, Mt. 59901
Dear Sir:
The City of Kalispell would like to have established as priority No. 1,
reconstruction of 1st. Avenue East from Center to 5th Street East and
Center from Main to Fourth Avenue East. --
We ask the State to recognize this as our Number 1 Priority Project far
expenditure of Urban Funds.
Yours truly,
/s/ Norma E. Happ
Norma E. Happ, Mayor
/s/ Joe A. DeLong
Joe De Long, County Commissioner
/s/ Frank Guayy
Frank Guay, County Commissioner
/s/ Mel Wollan
Mel Wollan, County Commissioner
CouncilmanAllenmoved that Thomas, Dean & Hoskins be retained as engineers on the
proposed 1st Alley East paving project if the project proceeds, but if it does not
proceed no charge willbemade to the city for preliminary engineering. Seconded
by Councilman Sliter. .Carried.
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Councilman Allen moved that Thomas, Dean & Hoskins be retained as engineers on the
Storm Sewer Paving Project if the project proceeds, but if it does not proceed no
charge -will be made to the city for preliminary engineering. Seconded by Councilman
Daley. Carried.
Councilman Allen reported that the street & alley committee will be meeting with rep-
resentatives of the state highway department March 2nd at 7:30 P. M.
ANNEXATION
RESOLUTION NO 30L
Councilman Williams moved adoption of Resolution No. 3044 a resolution of intent to
annex under R1 zone territory to -be -known -as -Buffalo -Hill Townhouses Subdivision64.- Seconded by.Counci7man Allen. -Roll -call vote. All voted aye.
PROPOSED ZONING REGULATIONS
Councilman Williams moved -that Mayor Happ be authorized to direct the Board of Adjust-
ment to review proposed new zoning regulations and report their recommendations to the
city council prior to the second meeting in April. Seconded by Councilman Sliter.
Carried.
Councilman Williams requested City Attorney Donahue to prepare a comparison between our
present zoning ordinance and the applicable portions of the proposed new zoning reg-
ulations.
Director of Public, Works Knebel reported that a completed form of zoning map as required
by ordinance is on wall of his office.
EMPLOYF1ENT
Councilman Williams moved Don Howard be changed from position of grader operator to
front end loader operator with accompanying pay adjustment as of this date. Seconded
by Councilman Sliter. Carried.
Councilman Allen reported that Albert Johnson has been performing the duties of street
foreman with no additional compensation. Councilman Allen moved that if he acts as I
street foreman for more than half of any month he will be paid an additional 100 an
hour for the entire month.
Councilman Williams stated that the employment committee, as council of the whole, will
be meeting very soon and moved the above item be referred to the committee. Seconded
by Councilman Sliter. Councilman Allen withdrew his motion. Question called. Motion
carried.
Police Chief McDowell was given permission to interview applicants under the CETA program
to fill the vacancy on the police force.
MISCELLANEOUS
Councilman Allen moved that Fire Chief Peters and Aset. Fire Chief Woodland be allowed
to go to Helena to view new aerial ladder fire truck. Seconded by Councilman Sliter.
Carried.
Mayor Happ read a letter from Department of Housing and Urban Development which stated
that they have received our pre -application for discretionary funds under the Community
Development Block Grant Program and that it has been accepted for review. Full
application may only be accepted by HOD if they have been preceded by a pre -application
and if they have been requested by HOD in writing. After they have reviewed our pre -
application they will notify us whether or not they are inviting us to submit a.full
application. This application is for a grant for the 7th Ave-.W._Storm Sewer Project.
Mayor Rapp reported she has talked to the Fish & Game Department about building; a
road or approach to the land which the city is considering as a well site. They are
very agreeable to building it themselves and when and if we exercise our option to use
the land we can pay them for it at that time.
We have been furnished a report by Dave Nunnallee on our water. He stated that the
entire water system for the City of Kalispell was found to be in excellent repair and
the city is to be commended in this regard.
Mayor Happ reported a letter dated 2/19/76 from City Judge Willis requesting vacation
time from the lot of March to the 5th of March to attend training session with the
Montana Air National Guard in Great Falls.
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Mayor Happ read the following statement:
I, the undersigned City Judge of the City of Kalispell, pursuant to RCM
1947, 11-1604, as amended, do hereby call MARIANN WILSON, a qualified
resident of the City of Kalispell to serve as City Judge in my place and
stead from 29 February 1976 thru 7 March 1976.
Mariann Wilson was administered the oath of office at 12:15 P.M. on the
27th day of February 1976 in Court.
%s/ Paul Willis
Paul Willis
City Judge
Isl Mariann Wilson
APPOINTMENT AND OATH ACCEPTED — MARIANN WILSON INTERUM CITY JUDGE
Mayor Happ read the following request:
March 1, 1976
Mayor Happ and Council:
I request a leave of absence from March 22 to April 2, 1976 so that
I can attend a CPA review course in Los Angeles.
Thank you for your consideration.
/s/ Gary W. Nystul
City Accountant
Councilman Daley moved request for leave be granted without -loss of pay or benefits.
Seconded by Councilman. Sliter. Carried.
Councilman Sliter moved the cost of tuition ($400.00) for Gary Nystul be paid by the
City. Seconded by -Councilman Allen. Carried.
Mayor Happ read a letter from Harley Gosney offering the City an option on a piece of
property 50' x 150' off Meridian Road. Total purchase price is $7,500.00 with a 5%
option for 12 months.
Councilman Sliter moved the offer be referred to the sewer and water committee with
power to act. Seconded by Councilman Allen. Carried.
Mayor Happ and any other interested persons will be attending a meeting of the Public
Service Commission in Helena, March 8th. This meeting will be a public hearing on
proposed new regulations, consumer standards and billing practices in water department.
Building Official Jackson reported that the building seminar he attended in Bozeman
offered much new information. Several professors from the college lectured. They
learned that on new additions to be placed in the building codes one will relate to
earthquakes in cities near or on known faults. Kalispell is on or just west of "High
Angle" reverse fault and from the number of small tremors in the last few years it is
not unreasonable to expect a larger one, as time goes by.
Other items covered were the Uniform Building Code, Uniform Plumbing Code and Uniform
Mewhanical (gas code) and as he handles all three he expects the seminar will be of
benefit each day. He thanked the Mayor and Council for allowing him to attend,
BOND SALES
Finance Director Nystul reported that he has talked to John Easley, with D. A. Davidson,
Inc, and was told that Dorsey, Marquardt, et al, bond attorneys in Minneapolis, are
working on our bond sales, but they have not yet completed our ordinance on sewer charges
which is necessary so that we can show our sewer income as enough to pay our indebtedness.
D. A. Davidson, Inc, need to know a firm figure on how many bonds we need to sell for the
project, Finance Director Nystul concluded by stating that by next meeting we should
have a firm figure on cost of project after deleting portion to be paid by highway funds.
CITY SHOP — Director of Public Works Knebel reported that all unneeded equipment is
being put together for sale or junk. Council to decide on how to dispose of it —
auction — sealed bids — etc.
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WASTEWATER TBEATMENT PLANT
Director of Public Works Knebel reported that we have received the Operation and
Maintenance Manual for the plant. That the requirement for BOD is below 20 and we
are averaging 26.5 at present. The stand-by engine does not work. They are presently
assembling all problems at the plant and will give them to City Attorney Donahue before
May 1st (warranty expires in May).
LICENSE & PERMIT BONDS
John Miller & Harry H. Hansen, dba
Treasure State Electric Electrician Continuation Certificate
Edward C. Fuller, dba
Ferguson Electric & Heating Electrician Continuation Certificate
Suhr Transport Second hand store dealer Bond
Lonny Hanson Electrician Continuation Certificate
Councilman Sliter moved all license and permit bonds reviewed as satisfactory by City
Attorney Donahue be accepted. Seconded by Councilman Daley. Carried.
Finance Director Nystul reported that we have received approximately 25% of this years
taxes and special assessments. In an ordinary year taxes are due November 30th and we
receive them by the middle of December. This year the deadline was January 31st and
we have at this time received about one half of the first half taxes. County Commissioner,
Joe DeLong, stated that the treasurer's office is -wor ing nights and week -ends in an
effort to gettthe taxes distributed and we should ere eiving ours within a few days.
Councilman Will a xtoved adjournmez
Minutes appr ed as/Presented March
by Councilman Allen.