05/03/76 City Council Minutes48
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS RELD AT 7:30 P.M., MONDAY,
MAY 3, 1976 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAPP PRESIDED. ALL
COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Schwartz reported that the public hearing for the Hollo Addition held.
last meeting, April 19, 1976 was not the right date - that tonight is the date for
the hearing - asked that Ordinance #857'be deleted from the April 19th minutes.
Councilman Williams moved acceptance of the minutes with the above correction. .
Seconded by Councilman Sliter. Carried.
OPEN BIDS - Crushed Gravel
rs�ttl Page No. 1 of Pages
POSAL
City
McELROY & WILKEM, INC.
Ready Mix Concrete
P 0. Box 35 KALISPEL, MONTANA
Phone 756.5775
SUBMITTED TO -
PHONE
DATE
of Kalispell
5-3-76
-HT
JOB NAME
0 Box 1035
Gravel Bid
STATE AND ZIP CODE
JOB LOCATION
alispell front 59901
,`ECT
DATE OF PLANS
JOB PHCNE
.. hereby submit specifications and estimates for:
-oposal #1 -
I'
lei
arterials below to be crushed and stockpiled,at our Pit.#2 located at 7th Ave. E.N.
rice below does not include loading onto your trucks. Stockpiled material will be
nr City of Kalispell use .only.
Item #1 - 3/4" Crushed Gravel - - - - - 8000 tons - - - - - $$1.80 per ton.
Item #2 - 1/211 _.11 - - 2000 tons - -.- - - $2.05 per ton.
Item #3 - 3/811 Stone Chips - - - - - 1000 u - - - - - $5.60 n D
.oposal #2
_
Materials below to be furnished at our Pit #1 located on Hiway 2 East. Price below
I
;eludes loading onto City trucks. -
Item #1 - 3/4" Crushed Gravel - - - - - 8000 tons - - - - - S2.10 per ton.
Item #2 - 1/211 if it - - - - - 2000 _" -.- - - $2.35 I' "
Item #3 — 3/811 Stone Chips - _ _ 1000 ° - - - - - 54.90 e „ -
_
Wir propfir hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
ii
dollars ($ )
' Payment to be made as Follows: -
Net payment to be made by the tenth of the month following acceptance, crushing, and
stockpiling of material. Interest will be charged @ 1% rerAnonth oft past due accounts.
All material is guaranteed to be as specified. All work to be completed in it workmanlike
manner according to standard practices. Any alteration or deviation from above specificaAuthorized !/�-> L,�'•
Lions involving extra costs will be executed only upon written orders, and will become an Signature
extra charge over and above the estimate. Allagreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. - Not :Th.. proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawnby us if not accepted within 6.5 —days.
Bid not accompanied by a bid bond or check.
49
Councilman Sliter moved the bid be referred to thestreetand alley committee for
consideration. Seconded by Councilman O'Boyle. Carried.
PUBLIC HEARING - Immanual Lutheran Nursing Home
Proponents -
Ivan O'Neil spoke on the excellent reputation for caring for elderly people - that
there is a waiting list of 145 persons - that the Department of Health has certified
their need for an additional 50 beds. He stated that the complete plans will be ready
within a month and asked the City to let them use their name for the issuance of
Industrial Development Revenue Bonds.
Gene Hufford, D. A. Davidson, Inc., stated that the bonds will be issued under State
of Montana regulations for Industrial Development Revenue Bonds. The bonds will be a
first mortgage on the existing facilities and the addition. The City has no financial
obligation. If it did happen that the bonding company foreclosed, it will be directly
on the home and not through. the City. He stated, that D. A. Davidson has bought bonds
on 6 nursing homes in Montana - that the average amount of indebtedness per bed ranges
from a high of $13,000 to a low of $7,600. The indebtedness of this project is
$8,600.00 per bed, making it the second lowest in the state.
At this stage of the project they need a resolution from the council finding that the
project is feasible and authorizing the mayor to sign an agreement to proceed.
RESOLUTION NO. 3049
Councilman Schwartz moved that the financial portion of the Lutheran Nursing Home
project be approved and Mayor Happ be authorized to sign an agreement to proceed.
Seconded by Councilman Granmo. Roll call vote. All voted aye.
ADDRESSING THE COUNCIL
Bob Meerkatz and George Ostrom addressed the council concerning the following petition
which states "We, the undersigned, hereby petition the road and street department of
the City of Kalispell to reconstruct and resurface to a civil standard that section of
city streets on Woodland Avenue commonly known as the 'dry bridge' for the reason
that the road is becoming a hazard to the welfare and safety of the people who travel
the road.?! The hazardous area extends from about llth Street East to the Y. The
petition was signed by 240 persons. In the past few years there is a great deal of
development in that area, making traffic, pedestrian and bicycle travel on the narrow
road very hazardous. Further development of a trailer court and new homes is antici-
pated. They requested that the road be resurfaced and widened and a pedestrian and
bike path constructed.
Mayor Happ accepted the petition and referred it to the street and alley committee
for consideration.
Steve Ovens= addressed the council with a request to move the manager's house at
Kirkpatrick Motel to 6th Ave. West and 3rd. St. Councilman Schwartz moved approval
to move the house from Kirkpatrick Motel to 6th Ave. West and 3rd. St. Seconded by
Councilman Allen. Carried.
Dennis Kinshella, 161 3rd. Ave. W. N., addressed the council with a request to move a
section of the Kirkpatrick Motel to 153 3rd. Ave. W. N. Councilman Schwartz moved
approval to move a section of the Kirkpatrick Motel to 153 3rd. Ave. W. N. contingent
on set -backs and zoning regulations. Seconded by Councilman Allen. Carried.
Councilman Schwartz stated that even though the code does not require council approval
for moving buildings within the city, he believes we should continue with council
approval for the betterment of the city.
.Pi3 1 aleffOLINIP-111 too I NeWMLO I Z1519•
Mayor Rapp read the following report:
"In accordance with powers of the mayor as stated in 11-802, RCM 1947, I hereby veto
the action taken at the last regular meeting of the city council, April 19th, at which
time the council voted to hire the engineering firm of Thomas, Dean & Hoskins for a
2 year period.
50
I am vetoing this action on the following grounds: (1) that a two year basis is too
long a period of time to comfit the city to one firm; (2) the motion passed provided an
hourly or project basis - this is too vague for the city to enter into a form contract
with the engineering firm. The council and engineering firm should agree specifically on
these terms before the mayor can execute a contract with Thomas, Dean & Hoskins; (3) in
a second -motion it was stated we would pay for the firm with revenue sharing funds. The
balance left in trie appropriate category of our revenue sharing is approximately $700.00 -
therefore we do not have enough to fund the contract at $500.00 per month for the balance
of the fiscal year."
Councilman Williams moved to override Mayor Happ's veto of motion to hire consulting
engineer. Seconded by Councilman Allen.
Mayor Happ read the motion from last meeting. Finance Director Nystul explained about
the different revenue sharing accounts. Councilman Williams stated that he felt the
$700.00 would be enough to cover any charges we might have this fiscal year. Councilman
Schwartz objected to a 2 year contract. Other councilmen felt it was not too long.
Councilman Daley stated that the council should uphold the veto.
Question called. Roll call vote. Councilmen Williams, Allen and Olson voted aye.
Councilmen Schwartz, Daley, O'Boyle, Sliter and Granmo voted no. Motion to override
Veto failed.
Councilman Williams moved the firm of Thomas, Dean & Hoskins be hired as consulting eng-
ineers, for at least a 1 year period, with review by council at end of year, to be paid
an hourly rate, and Mayor Happe be authorized to negotiate a contract for final council
approval prior to June let. Seconded by Councilman Allen. Carried.
COMMITTEE REPORTS
SEWER & WATER
Councilman Olson reported the following letter from Thomas, Dean & Hoskins concerning
Kalispell Storm Drain Improvements - Phase I -
ry THOMS, DEAN 6 NOSKINS, I tp
C.oneuCfing engineer.,
T. H. Thomas, Pmodent
Wayne W. De, n, Secretary -Treasurer
923 South Main Street
Kalispell, Montana 59901
Ph. 755-52n6 - Area Code406
OFFICES IN GREAT FALLS, SOZEMAN AND KALISPELL
1200Twenty-Fifth Street South
Great Falls, Montana 59405
Ph. 761.3010 - Area Code 406
May 3, 1976
Mr. Bob Olson, Chairman
Water and Sewer Committee
City of Kalispell
Kalispell, Mont. 59901
Dear Bob,
Re: Kalispell Storm
Drain Improvements
Prase I
We understand that the tentative bond sale on the subject
project has been set for the week of May 24. The bid opening date
would then be moved to about June 21.
Once a firm date for the bond sale is established, we will
confirm a bid opening date for the construction contract with the
city council.
We do not anticipate any problems in having the plans and
specifications ready for bid.
Very truly yours,
THOMAS, DEAN, & HOSKINS, INC.
BY:
DED:mt Dougla E. Daniels
49-74
cc: Mr. Harvey Knebel, Public Works Director
Councilman Olson reported the following letter from Brian Orndorf£, Chief Operator,
Wastewater Disposal Plant:
Waste ?-'ater Treatment" Plant
P.C. Box 1035
Kalispell, Montana 59901
30 April 1976 ,
Tire Honorable Mayor and Members
of the Sewer and Water Committee
C;.ty Hall
P.G. Box 1035
Kalispell, Montana 59901
P.E: Inspection and adjustments of the
secondary clarifier.
Dear I•'ayor'and Councilmen:
The following comments are for your information. On Monday, April 25th,
the secondary clarifier was drained for the purpose of Suspecting the bottom
of the clarifier to see how far the squeegees were off the floor. We found
that a few were set at one inch, as required in the specifications, and a.
few were higher, as much as three inches off the floor in the middle of the
clarifier. This allowed a blanket of sludge to develops and go septic. This:
septic condition was detremeatal to the biological activity of our entire
secondary treatment system. All squeegees were lowered closer to the floor,
to insure through cleaning of the floor, and to prevent this septic layer
of sludge from reoccuring.
Vie did not expect to see results of this change for about two weeks, but
already we have made observations that tend to make us extremely optomistic.
Please do not assume that vie have found a cure-all yet, but from the following
information, you will see why we are so optomistic:
1. V'e obtained the best removal of COD in the past weeks just yesterday.
2.. We obtained the lowest Total Suspended Solids of the past eight
days, just yesterday.
3. Yesterday we produced over 2000 pounds of solids in one day, vdnich
is more solids that we have produced in the past month.
4. Dissolved oxygen is sufficient in the secondary clarifier for the
first time in two weeks.
5. Biological activity is present and we have spotted up to five
different species of animal life under the micro -scope.
6. No hydrogen -sulfide bubbles are appearing in the secondary clarifier.
7. Mixed liquor suspended solids look a lot better.
It is these observations which make us feel that maybe, just,naybe
vie have found the main problem and corrected same. Within the next two
weeks, we will have compiled enough data to be sure.
Sincerely,
Brian P. Orndorf4 Chief Ope at/Or
52
Councilman Olson reported a letter from the Puri£ax Company stating that they believe
their chemicals are working and there will be no odor from the sludge this summer.
Councilman Olson reported that at the APO meeting they primarily discussed coordination
with the three cities regarding money in lieu of park land. They are requesting the
three mayors discuss this at the next Tri-City meeting.
City Attorney Donahue reported a phone call today from Bill Johnstone, Attorney for
Marquardt, Dorsey, at al, attorneys working on the sewer bond issue. He told City
Attorney Donahue that he has sent an ordinance establishing and providing for collection
of storm sewer charges. Copies of this proposed ordinance will be provided all mem-
bers of the council before adoption.
Councilman Granmo reported that the county refuse disposal district is in the process
of replacing their garbage pickup vehicles to pick up the green disposal boxes. This
should be an improvement and possibly a money saver.
FINANCE
Councilman Sliter reported that the finance committee has audited the claims for April,
found them in order and moved they be paid. Seconded by Councilman Olson. Carried.
Councilman Sliter requested Finance Director Nystul to report on the State Examiners
Audit Report. Finance Director Nystul stated that we recognize many problems, but
many of them relate directly to new state requirements. The state now has the auth-
ority to tell us what bookkeeping system to use and so lists things as errors that
before were directives from state examiners. He added that one area where we must take
action is with the Revenue Sharing Fund. It appears that we have been saving revenue
sharing funds for a city hall, but not stating it definitely in the minutes. Thus, it
would appear that we have not complied with their regulation that we must spend or
allocate funds to be spent within the 24 month period required. The council should
pass a motion reaffirming the use of this money for a new city hall complex and write
the U. S. Secretary of the Treasury, stating that we have spent x number of dollars
toward this goal and intend to spend x number of dollars in the future. They should
then grant us an extension of time to spend this money for a city hall.
Councilman Sliter moved that Mayor Happ and Finance Director Nystul be authorized to '
correspond with the U. S. Secretary of the Treasury setting forth the allocation of
revenue sharing funds for a new city hall complex. Seconded by Councilman Granmo.
Carried.
City Attorney Donahue reported that he had this week sent a letter to the office of
the state examiner, wherein he noted that he saw no violation of the law and that
suggestions in the audit have been noted and will be duly carried out.
SAFETY
Councilman O'Boyle read a request from Fire Chief Peters for permission to send Fire
Marshall Doty to a meeting of the Montana Fire Prevention Association to be held in
Helena on May 26, 1976. Councilman O'Boyle moved that Gene Doty be permitted to attend
the Montana Fire Prevention Association meeting in Helena on Nay 26, 1976 with travel
by private transportation and per diem allowed. Seconded by Councilman Olson.
Carried.
Councilman O'Boyle read a request from Fire Chief Peters for permissinn to send Train-
ing Officer Roger Bowman to a Fire Apparatus Practices School in Great Falls, May loth
through May 14th. Councilman O'Boyle moved Roger Bowman be permitted to attend a
Fire Apparatus Practices School in Great Falls, May loth through May 14th, with travel
by private transportation and per diem allowed. Seconded by Councilman Olson.
Carried.
HEALTH
ORDINANCE NO. 857
Councilman Daley moved enactment of Ordinance No. 857 an ordinance to amend Section
7A-4, Kalispell City Code, to provide that Fwmers Market shall abide by the rules and
regulations of the Flathead County Health Department, declaring an emergency and pro-
viding an effective date. Seconded by Councilman Sliter. Roll call vote. All voted
aye.
GOLF COURSE
Councilman Daley moved Mayor Iiapp be= authorized -`to sign Fie'. #3048 approving the
change orders, amount of money involved, and other points of agreement between the
Mayor, Golf Course Architect, Loftus Construction Co. and the Golf Course Association.
Seconded by Councilman Schwartz. Roll call vote. All voted aye.
1
HEALTH AND SAFETY COMMITTEES
Councilman Daley reported that he and Councilman O'Boyle investigated the complaint
about the junk in the locality of Glacier Concrete Pipe Co. This company is outside
the city limits, but within our 3 mile limit as far as junk yards are concerned.
They talked to Fred Zurich, manager, who told them that the main area is being impr-
oved and over a long range plan, three things will be done: (1) clean up boulevard;
(2) arrange supplies better; (3) fence the area. Councilmen Daley and O'Boyle will
continue to check the situation.
Councilman Daley reported that two signs fox the parks has been made at Fry Cabinet
Shop and others for BOB projects will be forthcoming.
Crews are working hard to get the baseball and softball fields ready for action.
Councilman Daley stated that it will take a lot of work and cooperation from other
departments to be ready.£or baseball and softball by June let.
STREET & ALLEY
Councilman Allen reported that on the request last meeting from Ralph Curtis for
sewer service, City Attorney Donahue has prepared a petition for an S.I.D. and it is
being circulated for signatures. Director of Public Works Knebel has given them an
approximate cost on the project.
Councilman Allen moved installation of curbs at the Roy Ogden property, 122 W. Wash.
Seconded by Councilman Schwartz. Carried.
Councilman Allen moved that a curb cut be authorized at the Joe Lenoir residence, 235
loth Ave. West because of a -handicapped person.- Seconded by Councilman O'Boyle.
Carried.
Rebuilding of West Center Street is progressing. Much street watering is necessary
in this area and other areas because of the dust condition.
SID 322
Councilman Allen reported a copy of a letter to Pack & Company from Stahly & Assoc-
iates, authorizing them to proceed with construction on Claremont and Conway Drives.
Councilman Schwartz reported receipt of annexation papers and play for Block 20,
Fishers Addition today. Referred to annexation committee for recommendation.
PUBLIC HEARING - Hollo'Addition
A public hearing was held on Resolution of Intention to Annex - #3043, Sec. 11-518.
No persons spoke against annexation. Upon motion made by Councilman Schwartz and
seconded by Councilman Williams, the council moved to accept the report as presented
and that the area be annexed at the next meeting in accordance with 11-520 (5)9 if
no further objections are received. Roll call vote. All voted aye.
ORDINANCE #858 Duplication of Ordinance #856 passed April 5, 1976.
Rescinded at June 21, 1976 regular council meeting.
Councilman Schwartz moved enactment of Ordinance #858 an ordinance accepting the
final Buffalo Hill Townhouse Addition. Seconded by Councilman Williams. Roll call
vote. All voted aye.
rivv_n nulbli.LWO
Councilman Schwartz reported a request by Sam Fletcher to move a building to 715 W.
Montana. He plans to repair and remodel the building for a shop. Councilman Schwartz
moved that Mr. Fletcher be allowed to move the building to 715 W. Montana with the
request that it be remodeled within on year. Seconded by Councilman Williams.
Carried.
Councilman Williams reported that at the City -County Planning Board meeting on April
27th, there were 5 proposed annexations. Country Village, Mission and Slaaa,Additions
were tabled because of lack of proper notification and Porta Villa#2 and Greenacres
were rejected.
54
The proposed new zoning regulations are being reviewed by the Kalispell Board of
Adjustment and should be presented to the council the latter part of May.
L�61�' • U��1Y4
Councilman Williams reported that Labor Consultant York will be negotiating with the
3 unions. His first meeting will be with.Municipal Employees Union #256 on Tuesday
evening, with the Police. Protective Association later in the week and has a rough
draft of a contract ready for the Firefighters Union.
Councilman Williams reported there will be a meeting of the employment committee as
a council of the whole, at the Hindquarter at noon on May loth. There will be dis-
cussion on a proposed medical policy. '
MISCELLANEOUS
Councilman Daley moved the Director of PublicWorksbe authorized to call for bids for
construction of tennis courts at Northridge Heights Park. Seconded by'Councilman
Sliter. Carried.
There will be a special.meeting to open bids on black dirt for the golf course project
at 5:00 P.M., May lOth,at city hall.
Mayor Happ has a list of excess equipment which will probably be offered for sale on
June 5th at the city shop. One suggestion was to advertise for sealed bids with oral
bids afterward.
Mayor Happ read a letter from Ted Wilson, shop foreman, stating that they have been
working shorthanded since January 1975 and that with vacations coming up for the
mechanics they.need another experienced mechanic at once. He also requested more shop
room for working and presented a print showing where it could be added.
Councilman Williams moved that Director of Public Works Knebel post notice for -a
mechanic at once. Seconded by Councilman Allen. Carried.
A request by the county commissioners for parking meters at the courthouse was tabled.
LICENSE & PERMIT BONDS '
Fred Geiger Electrician Bond
John W..Storms dba
Storms Electric Electrician Bond
Councilman Daley moved that bonds be approved subject to completing acknowledgment,
as directed by City Attorney Donahue. Seconded by Councilman Sliter. Carried.
There being.no further business the meeting was adjourned.
Minutes approved as presented, May 17, 1976.
Norma E. Happ, Mayor V T—
ATTEST:
Marjorief Giemma.nn, Deputy City Clerk