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06/21/76 City Council Minutes66 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, JUNE 21, 1976, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN PRESENT. ••;*i ummu Councilman Daley moved that the minutes of the regular meeting of June 7, 1976 be approved as presented. Seconded by Councilman Allen.- Carried. CITY OFFICIALS REPORTS City Treasurer and City Clerk for April. City Judge, Police Chief, Director of Public Works and City Sanitarian for May. Councilman Williams moved the officials reports be accepted. Seconded by Councilman Sliter. Carried. OPEN BIDS - Northridge Recreation Area Bidder License No. Bid Security Bid American Asphalt Co. 2736A Pack and Company 2760A Bid Bond $19,493.75 Bid Bond 13,582.95 Bids are for construction of two tennis courts and a basketball court. Councilman Allen moved the bids be referred to the park committee with power to act. Seconded by Councilman Schwartz. Motion carried. CORRECT MINUTES - May 3, 1976 —RESCIND ORDINANCE #858 - BUFFALO HILL TOWNHOUSE ADDITION Ordinance #858 enacted May 3, 1976 being a duplication of Ordinance #856 enacted April 5, 1976, Councilman Granmo moved to rescind Ordinance #858. Seconded by Councilman Sliter. Motion carried. SEWERAGE SYSTEM HEVEN[T BONDS, SERIES 1976 ORDINANCE #859 After presenting a Bondholder Consent from the Conrad National Bank of Kalispell, regarding Sewerage System Revenue Bonds, Series 1968 (Res. #2686) and Sewerage System Revenue Bonds, Series 1972 (Res. #2861), Councilman Granmo moved enactment of Ordinance #859 an ordinance directing the acquisition and construction of improvements to the sewerage system of the City of Kalispell, creating special funds and accounts for the administration of the moneys derived therefrom, authorizing and directing the issuance and sale of revenue bonds to pay the cost of said undertaking and defining the terms and manner of payment of the bonds and the security thereof, repealing Resolutions #2686 and #2861. Seconded by Councilman Sliter. Roll call vote. All voted aye. OPEN BIDS - Sale of $445,000.00 Sewerage System Revenue Bonds Piper, Jaffray & Hopwood and Dain, Kalman & Quail - Minneapolis Allison Williams Co. - Minneapolis Hanifen, Imhoff & Samford, Inc. - Minneapolis Cronin;& Marcotte, Inc. - Denver EF Hutton & Company, Inc. - Denver NET INTEREST COST $453,182.50 472,400.00 467,385.00 454,738.00 465,977.5o NET EFFECTIVE RATE 6.6743% 6.95729% 6.883431% 6.69717% 6.86270% Mayor Happ requested City Finance Director Nystul and Mr. John Easley, D. A. Davidson, Inc. to check computations of the bids and report to the council. 67 ADDRESSING THE COUNCIL Pastor Kenneth Young of Central Bible Church, 902 lst. Ave. East stated that the church is planting an addition to their present structure and will be in violation of the off— street parking ordinance. He has talked with Flathead County Commissioners about using a county —owned parking lot of 120 spaces and within 500 feet of their church and pre— sented a letter from the commissioners stating that the lot is available to the public except from 9 A.M. to 5 P.M. week days and no other use for this lot is anticipated at this time. City Attorney Donahue advised that a written agreement must be reached between Flathead County and CentiTal Bible Church, be recorded and presented to the city engineer. Then by a vote of two—thirds of the council members the addition to the building can be approved without proper number of parking spaces. Councilman Sliter moved the request be referred to the street & alley committee for a satisfactory solution and reported at the next council meeting. Seconded by Councilman Williams. Motion carried. REPORT ON BOND SALE BID — Finance Director Nystul reported that Piper, Jaffray & Hopwood and Dain, Kalman & Quail were low bidders on the $445,000.00 Sewerage System Revenue Bonds, Series 1976. RESOLUTION NO. 3057 Councilman Granmo moved adoption of Resolution No. 3057 a resolution receiving bids and awarding sale of $445,000.00 Sewerage System Revenue Bonds, Series 1976. Seconded by Councilman Sliter. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Mr. Lewis McBride, 1319 S. Main, addressed the council requesting permissinn to hook on to a rrivate water line being installed by George Reksten which will run directly through a lot he has purchased at 1500 5th Ave. West on which he intends to construct a home. City Attorney Donahue recommended that Mr. Reksten form a water users association whereby he could furnish city water to Mr. McBride and enter into an agreement with the City. Councilman Sliter moved the matter be assigned to the sewer and water committee with power to act. Seconded by Councilman Daley. Carried. CANVASS OF VOTES ON FORM OF GOVERNMENT ELECTION HELD JUNE 15, 1976. Ward Votes cast for Council —Manager -Votes cast for existing *Total Votes form of government form of government One 183 184 371 Two 123 182 305 Three 161 187 350 Four 150 224 378 *Difference in votes cast and total votes due to defective or spoiled ballots. Councilman Williams moved the election held on form of government, June 15, 1976 be declared valid. Seconded by Councilman Sliter. Motion carried. COMMITTEE REPORTS ANNEXATION Slams, Addition #19 — Joe Daley, Attorney, representing residents in the Cameron and Underhill Additions adjoining the proposed Slema Addition #19, presented a petition of protest for development of 4 plexes on 8 lots for the area because of traffic hazards. The petition was presented with 116 signatures. Mr. Daley stated that the petitioners would have no objection to the addition being developed as a 10 lot area with individual residences. RESOLUTION NO. 3058 Councilman Schwartz moved adoption of Resolution No. 3058 a resolution of intent to annex Slams, Addition #19 as an Rl zone, contingent upibn all requirements of the City County Planning Board and the City. Seconded by Councilman Allen. Roll call vote. All voted aye. 68 Councilman Schwartz recommended that a request for annexation of Porta Villa #2 Addition be sent to the City -County Planning Board for review. RESUBDI4ISION FISHER ADDITION #65 RESOLUTION No. 3059 Councilman Schwartz moved adoption of Resolution No. 3059 a resolution to change the direction of the lots in Fisher Addition #65. Seconded by Councilman Williams. Roll call vote. All voted aye. Resolution adopted, Councilman Sliter moved that park land be waived in Fisher Addition #65. Seconded by Councilman Daley. Motion carried. EMPLOYMENT Councilman Williams reported that the City -County Planning Board held a special meet- ing on June 15th, at which final acceptance of Ports Villa Annexation #2 was granted with R2 zoning. Councilman Schwartz will be receiving this report. After discussion on whether or not to put the city's health insurance plan out for, bids, it was decided to wait until next year and begin well before the June 30th-- expiration date of the contract. Councilman Williams moved we accept Montana Physicians Service (Blue Shield) as our health insurance company for the coming year and so notify them of our acceptance. Seconded by Councilman Allen, Carried. STREET & ALLEY Councilman Allen reported a request from the Kalispell Business Association to set up a policy with no charge for parking meters on Saturdays. No action taken. Councilman Allen reported a request from the Frontier Hotel to establish a loading zone in front of their business, Councilman Allen moved the request for a loading zone in front of the Frontier Hotel be granted with a charge if that is the policy. Seconded by Councilman Sliter. Carried, '. Councilman Allen reported a letter from the highway department concerning funds avail- able on the let. Avenue East project to take care of loss of parking meters and on beautification plans. Hockaday Art Center's request for parking space has not been decided. There will be a meeting of the street and alley committee at -the Hindquarter at noon on Thursday. Councilman Allen reported a letter from Thomas, Dean & Hoskins indicating that the project on 1st. Avenue East has a problem because of basements of businesses abutting the avenue under the sidewalk. Mayor Happ suggested an investigation be made to see how many there are and if they have a legal right to them. City Attorney Donahue advised that we ask property owners to show-- an easement. Councilman Allen moved the problem be referred to City Attorney Donahue and Thomas, Dean & Hoskins, engineers for the project. Seconded by Councilman Sliter. Carried. RESOLUTION NO. 3060 Councilman Allen moved adoptionofResolution No.`3060 a resolution authorizing the Mayor to sign Change Order #2 for extra curbing on S.I.D. #322. Total extra cost is $594.98. Seconded by Councilman O'Boyle. Roll call vote. All voted aye, HEALTH Councilman Daley reported the health department is moving into new quarters at the old hospital building and will have a report on that department next month. Councilman Daley moved that the liquor license application for The Bulldog be approved. Seconded by Councilman Sliter. Motion. carried. Councilman Daley moved that the liquor license application for The outlaw Inn be returned for further information. Seconded by Councilman Allen. Carried. Councilman Daley moved that upon recommendation of the park committee, a request by the Womens Softball League to place advertising on the fence of the ballpark be denied. Seconded by Councilman Allen. Carried. 69 Awarding of the bid for seed and fertilizer for the golf course project is unresolved because of a question on specifications for the seed. The problem will be further considered this week. SAFETY Councilman O'Boyle reported that the Animal Control Board may be proposing a dog ordinance for Flathead County. In the past 6 months, 1881 animals have been handled by the shelter. FINANCE Councilman Sliter moved the finance committee be authorized to hire an auditor prior to the next councilmeetingfor the purpose of auditing the sewer fund -and -the committee - be given power to act. Seconded by Councilman Allen. Carried. RESOLUTION NO. 3061 Councilman Sliter moved adoption of Resolution No. 3061 a resolution authorizing the City to issue Industrial Development Revenue Bonds under provisions of MontanaStatutes Chapter Lp., Title 11, RCM 1947, as amended, to finance acquisition of certain real property within the City, and construction thereon of one or more buildings and equip- ing the building or buildings for operation of a nursing home to be leased by the City to 7mmanual Lutheran Home for the approximate amount of $1,200t000.00 Seconded by Councilman O'Boyle. Roll call vote. All voted aye. RESOLUTION NO. 3062 Councilman Granmo moved adoption of Resolution No. 3062 a resolution authorizing Thomas, Dean & Hoskins, Engineers, to advertise for bids on construction of the 1st. Avenue East Storm Sewer Project with bid opening scheduled for July 12, 1976. Seconded by Councilman Sliter. Roll call vote. All voted aye. - No action taken on a proposed engineering agreement between the City and Stahly & Associates on Phases 2 and 3 of the storm sewer project. Mayor Happ reported that our application for a CDA grant for the project is looking very favorable. There will be a workshop in Missoula at the Federal Building on July let at 8:30 A.M. to discuss contract administration, financial records, etc. MISCELLANEOUS Mayor Happ reviewed the schedule of council meetings for July and August, all of which will be held at the Conrad Bank Community Room: July 12th - Special Meeting - Open Bids on Storm Sewer Project July 15th - All Day Budget Meeting July 29th - Regular Meeting - Adopt Preliminary Budget Aug. 4th - Regular Meeting and Budget Hearing Aug. 9th - Adopt Final Budget - Fix Tax Levy - Pass Special Assessment Resolutions Tri-City Meeting will be at the Outlaw Inn, Noon, Wednesday June 23rd. Mayor Happ appointed Councilman Daley to serve on the City -County Health Board. There will be a meeting of the council, city -county planning board and board of adjust- ment to review new zoning regulations in the council chambers, Monday, June 28th at 7 P.M. Mayor Happ reported an invitation from Mr. Sam Bibler, Conrad Mansion Restoration Chair- man, for the Mayor and Council Members to attend a short opening ceremony at the Mansion on July let at 11 A.M. with tours to follow. Mayor Happ presented Councilman Robert G. Olson a certificate of appreciation for his time and effort spent on council work and wished him well in his new effort. ELECT COUNCILMAN Two persons, Mr. Charles Cebulla and Mr. Howard Grainger, have shown an interest in the vacant seat on the council for Ward 3. A secret ballot was taken for the position, with Mr. Grainger receiving a majority of the votes. Councilman Sliter moved the council cast a unanimous ballot for Howard Grainger, -Second- ed by Councilman Olson. Motion -carried. --- 70 City Attorney Donahue reported that the City is being sued by two retired policemen, Ted W. Wagganer and Bob J. Soderstrom, who do not agree with the decision of the Police Pension Board as to the amount of their retirement. Councilman Sliter moved that the council grant the finance committee power to act on claims for June. Seconded by Councilman Williams. Carried. WATER WELL Councilman Granmo reported a letter from Thomas, Dean & Hoskins with attached revised estimate for the costs of constructing an additional well for the City. Total construction cost — $220,220.00. Estimate referred to the sewer and water committee. CETA PROGRAM Mayor Happ reported that the Public Service Employment program is ending for employees who have been on the program for 1 year or more, with the exeeption of 8 employees for whom .the city has asked for a 90 days extension and will then hire on the regular payroll. Councilman Williams moved adjourr6nt at\ 10:28 P.M. Seconded by Councilman Daley. Carried. , / / /` d as presentga July'�9,/1976. Norma E. Rapp, Mayor , C1ty Clerk