03/21/77 City Council Minutest8
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P: M., MONDAY, MARCH
21, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN
WERE PRESENT.
Councilman Williams moved that the minutes of the regular meeting, March 7, 1977,
special meeting , March 11, 1977 and special meeting March 14, 1977 be approved as
presented. Seconded by Councilman Daley. Motion carried.
OFFICIALS REPORTS
City Clerk and City Treasurer for January 1977.
Police Chief, City Judge, City Engineer for February 1977.
Councilman Allen moved that city officials reports be accepted. Seconded by Council-
man Daley. Carried.
OPEN BIDS - Sale of 1954 Intl. Ladder Truck
William Russell $729.00
Donald J. Peterson 201.00
C. Powell Electric 661.00
Martin Neuhausen 166.5o
Councilman Allen moved the bids be referred to the park committee with power to act.
Seconded by Councilman Williams. Motion carried.
OPEN BIDS - 1977 S & C Construction
Firm Security
Fincher's Gothic Arch Buildings Cashier's Check
Item
1. 24" combination curb and gutter less than 100 lin. ft.
2. 24" comb. curb and gutter 100 lin. ft. or more
3. 18" upright curb less than 100 lin. ft.
3a. 16" upright curb less than 100 lin. ft.
4. 18" upright curb more than 100 lin. ft.
4a. 16" upright curb more than 100 lin, ft.
5. Driveway radium curb and excavation
6. 4" sidewalk less than 250 sq. ft.
6a. With ly" insulation and 8" sand base
7. 4" sidewalk with over 250 sq. ft.
7a. With 12" insulation and 8" sand base
8. 6" sidewalk any amount
8a. With *1 insulation and 6" sand base
9. Removal of old sidewalk
10. Gravel fill under old walks to be replaced
11. Upright curb more than 8 ft. radius
12. Laydown curb less than 100 lin, ft.
13. Laydown curb more than 100 lin. ft.
14. Curb and sidewalk combination
15. Excavation on new sidewalk
16. Excavation for new curb
17. Valley gutter, 212 ft. width
17a. Valley gutter, 2 ft. width
Tru-Mix Concrete Co.
Cashier's Check
1. 24" comb. curb and gutter less than 100 lin. ft.
2. 24" comb. curb and gutter 100 lin. ft. or more
3. 18" upright curb less than 100 lin. ft.
3a. 16" upright curb less than 100 lin. ft.
4. 18" upright curb more than 100 lin. ft.
4a. 16" upright curb more than 100 lin. ft.
5. Driveway radium curb and excavation
6. 4" sidewalk less than 250 sq. ft.
6a. With *1 insulation and 8" sand base
7. 4" sidewalk with over 250 sq. ft.
7a. With Ili" insulation and 8" sand base
8. 6" sidewalk base, any amount
Bid
Per
lin.
ft.
$4.35
Per
lin.
ft.
4�25
Per
lin.
ft.
3.12
Per
lin.
ft.
2.97
Per
lin,
ft.
3.02
Per
lin.
ft.
2.87
Per
lin.
ft.
6.20
Per
sq.
ft.
1.19
Per
sq.
ft.
1.75
Per
sq.
ft.
1.20
Per
sq.
ft.
1.75
Per
sq.
ft.
1.40
Per
sq.
ft.
1.75
Per
sq.
ft.
.45
Per
cu.
yd.
7.00
Per
lin.
ft.
4.95
Per
lin.
ft.
3.85
Per
lin.
ft.
3.65
Per
sq.
ft.
1.95
Per
sq.
ft.
.35
Per
lin.
ft.
.35
Per
lin.
ft.
3.95
Per
lin.
ft.
3.85
Per
lin.
ft.
5.10
Per
lin.
ft.
4.95
Per
lin.
ft.
3.45
Per
lin.
ft.
3.35
Per
lin.
ft.
3.35
Per
lin,
ft.
3.25
Per
lin.
ft.
6.25
Per
sq.
ft.
1.35
Per
sq.
ft.
2.75
Per
sq.
ft.
1.25
Per
sq.
ft.
2.60
Per
sq.
ft.
1.50
1
1_59
8a.
With 12" insulation and 6" sand base
Per
sq.
ft.
2.85
9.
Removal of old sidewalk
Per
sq.
ft.
.50
10.
Gravel fill under old walks to be replaced
Per
cu.
yd.
7.40
11.
Upright curb more than 8 ft. radius
Per
lin. ft.
5.10
12.
Laydown curb less than 100 lin. £t.
Per
lin.
ft.
4.00
13.
Laydown curb more than 100 lin. ft.
Per
lin. ft.
3.90
14.
Curb and sidewalk combination
Per
sq.
ft.
2.15
15.
Excavation on new sidewalk
Per
sq.
ft.
.40
16.
Excavation for newcurbPer
lin.
ft.
1.00
17.
Valley gutter, 22 ft. width
Per
lin
ft.
4.25
17a,
valley gutter, 2 ft. width
Per
lin.
ft.
3.90
Councilman Williams moved the bids be referred to the street and alley committee with
power to act. Seconded by Councilman Schwartz. Motion carried.
ADDRESS THE COUNCIL
Mayor Happ made 3 calls to address the council. No one appeared.
ORDINANCE No. 869
Councilman Schwartz moved to enact Ordinance No. 869 an ordinance for final annexation
of the Gilman Addition. Seconded by Councilman Allen. Roll call vote. Councilman
Williams. voted nay. All others voted aye. Ordinance enacted.
ORDINANCE NO. 870
Councilman Sliter moved to enact Ordinance No. 870 an ordinance fixing the salaries
of elected officials for the next 4 years as follows:
Official
1977 - ._1978
1979
1980
Mayor
1100.00
1175.00
1250.00
1325,00
Council
16o.00
160.00
16o.00
16o.00
Treasurer
650.00
700.00
750.00
750.00
Judge
600.00
650.00
700.00
750.00
Seconded by Councilman Granmo. Roll
call vote.
All voted aye.
Ordinance enacted.
Ord. #870 amended 4/7/77 and 4/18/77
- See pages 165 and
175.
CHANGE MEETING DATE
Because of the absence from the State on April 4th of Mayor Happ and City Council
President Sliter, Councilman Daley moved to change the regular meeting date of April
4th to April llth. Seconded by Councilman Grainger. Motion carried.
NMI
CITY
Doug Daniels, resident engineer for Thomas, Dean & Hoskins, reported that there will
be a preconstruction meeting for S.I.D. #324 (1st Alley East Improvement Project) on
March 25, 1977. Plans to proceed with construction will not be later than April 18th.
INSURANCE
Councilman Grainger moved that the following coverages for fire insurance be instituted
with the new policy: At replacement cost - city office, city hall, fire hall and jail,
city shop, Lawrence Park pump station, armory well, depot park well, Hockaday Art
Center, golf course clubhouse, swimming pool change house, contents of all buildings;
At actual cash value - Conrad Mansion and all other buildings. Seconded by Councilman
O'Boyle. Motion carried.
Councilman Grainger reported that the future use of the old depot building is in
question. As soon as it is decided it will be insured accordingly and users will be
billed for the insurance premium.
SEWER & WATER
AGREEMENT - 7th-AVENUE WEST STORM DRAIN PROJECT
Councilman Granmo moved that Mayor Happ be authorized to sign an engineering agree-
ment with Stahly Engineers & Associates for the staking and inspection, not to exceed
$10,050.00. Seconded by Councilman Daley. Motion carried.
160
Doug -Daniels, resident engineer for Thomas, Dean & Hoskins, reported that specs for
the test well have been completed and are ready for contractors.
3RD AVENUE E. N. URBAN DRAINAGE PROJECT
Mayor Rapp received a letter from the State Highway Department which reads partially
as follows:
"This will confirm the discussion of Friday, March 11, at which time it was
mutually agreed by the city officials, the Highway Administration and the -
Department of Highways that city participation should be 10% of the total
project cost, including preliminary engineering, construction, construction
engineering, right-of-way and utility relocation. It is currently anticipat-
ed that construction will require approximately`$8009000. It is further -
agreed that city participation basically would be in the form of city -pro
vided services, namely funding Thomas, Dean & Hoskins Inc. preliminary
engineering activities.
This project will be added to the list of additional projects for the five-
year construction program for review and approval by the Montana Highway
Commission on the occasion of their March 31-April l meeting."
/a/ Jack R. Beckert
Administrator -Engineering Division
Councilman Granmo reported on a letter from Water Supt. Longpre which stated that
outside lab tests have dropped off and Lab Technician Laurie Baldwin feels she can
do our work in about 6 hours per day. Rather than waste time and cost to the City,
she would like to be able to leave the plant when her work is completed. This will
be effective April let if council agrees.
Councilman Granmo moved that the situation be accepted for a part time basis if it is
agreeable with the union. On holiday pay, sick leave and vacation we shall abide by
the state law. Seconded by Councilman Sliter.
Mayor Rapp commended Mrs. Baldwin for her offer.
Question called. Motion carried.
FINANCE
No report.
SAFETY
Councilman O'Boyle moved that uncollectible ambulance accounts in the amount of $3,430.03
be adjusted out. Seconded by Councilman Sliter. Motion carried.
ANIMAL SHELTER
Councilman O'Boyle reported that 47 animals were picked up in February from Kalispell.
Since opening date of December 8, 1975, 727 animals have been picked up from Kalispell.
Revenue retrxned to Kalispell for February was $290.00. Their total receipts in the
County were $1,666.4o. This just about takes care of salaries for the month.
FIRE ALARM BOXES
Councilman O'Boyle stated he received a request from the fire department personnel that
they would like to have the alarm boxes that are being removed. Each member would like
one for a souvenir.
Councilman Daley moved that the alarm boxes be given to fire department personnel.
Seconded by Councilman Grainger. Motion carried.
STUDY TEAM
Councilman O'Boyle reported that on March 17th, Jim Lancaster, Fred Posey, Larry
Schultz, Chief McDowell, Chief Peters, Asst. Chief Woodland and himself visited all
Kalispell Public Schools. The study team -considered a new fire -lane at the High School.
Another meeting is planned for later. Consideration will be given to the parking
problems for each as they relate to fire protection, police enforcement, Special Ed
loading and unloading, parents picking up children, bus loading and unloading,
teachers car parking and a uniform signing at schools.
1
161
REQUEST TO OPERATE AMBULANCE
1
A committee meeting was set for the entire council at 7:30 P. M., March 24th in the
council chambers to consider a request from Gerald and Shirley Schnor to operate an
ambulance service in Kalispell.
Councilman Daley moved that he and Recreation Director Jensen be given permission to
attend the Montana Parks Association meeting in Butte on March 31st and April let,
with mileage and per diem allowed. Seconded by Councilman Sliter. Motion carried.
STREET & ALLEY
PETITION TO ABANDON AND CHANGE STREET AT THE OUTLAW INN
Councilman Allen moved to set April llth for a public hearing on the request to
abandon a -section of old Highway #93 near the Outlaw Inn. Seconded by Councilman
Williams. Motion carried. Attorney for The Outlaw Inn to publish and post notice
of same:
PARKING LOT LEASES
Councilman Allen moved that Mayor Happ be authorized to sign renewals of all parking
lot leases. Seconded by Councilman Daley. Motion carried.
Councilman Allen reported a new office building will be built at North Main and Nevada
Street. The street & alley committee recommends that Nevada Street be widened to
38' and 5' sidewalks constructed on both sides. They also request City Engineer
Knebel to study the feasibility of constructing sidewalks from this point north on
the east side of Highway #93 to the medical arts building on Sunset Boulevard.
Councilman Allen moved that Mayor Happ be authorized to sign an agreement with the
Central Bible Church regarding off-street parking. Seconded -by Councilman Schwartz.
Motion carried.
Councilman Allen reported the following letter from Thomas, _Dean & Hoskins, Engineers,
concerning the 1st Avenue East and Center St. Project:
"Mr. Bob Allen, Chairman
Street & Alleys Committee
City of Kalispell
City Hall
Kalispell, Montana 59901
Dear Bob,
March 21, 1977
Re: M 6714 (1) let Avenue East
& Center Street
At a March 11 meeting in Helena, the Montana Highway Department noted that
they may not be able to construct the subject project this year due to utility
adjustments and acquisition of right-of-way. Subsequently, we have attended
utility meetings with those companies that may be involved with adjustments. It
may be possible to clear the utility adjustments by June 1, 1977, and still pro-
ceed with construction this year..
We do not know how right-of-way negotiations are progressing at present,
but the Montana Highway Department has been authorized to purchase right-of-way
for about six weeks now. The major delay anticipated is in obtaining an ease-
ment to set a signal pole at the north end of First Avenue West, from Burlington
Northern.
The City may wish to contact the Montana Highway Department on a regular
basis to keep the project progressing on schedule.
cc: Harvey Knebel
Very truly yours,
Isl Thomas, Dean & Hoskins, Inc.
By Douglas e. Daniels
1_62
Councilman O'Boyle requested the street & alley committee investigate the 4-way stop
situation at 5th Ave. West and Center. He said there is a hazard when a train is
switching at the RR crossing and traffic is backed up.
ANNEXATION
Councilman Schwartz moved to lift the moratorium on subdivisions and annexations.
Seconded by Councilman Williams.Motion carried.
Councilman Schwartz moved that developers of all future annexations and subdivisions
abide by the procedural check list and APO recommendations. Seconded by Councilman
Williams. Motion carried.
ZONING
Councilman Schwartz moved to adopt a motion of intent for the adoption of the new
comprehensive zoning regulations. Seconded by Councilman` Williams. They recommend
that 2 council members be appointed to serve on the zoning -commission. This will
make something available to the public for their inspection. Question called. All
voted aye. Carried.
CITY -COUNTY PLANNING BOARD
Councilman Williams reported that the board unanimously adopted the check -list for
annexations and subdivisions.
Councilman Williams reported that the next meeting of the board will be March-29th at
which time 2 public hearings will be held. One will consider the request of Harrington
& Bibler to extend their development at Poys Lake. The other concerns the Bitney
Addition. The board has a request from the Bank of Columbia Falls to annex Lots 33
through 44 as R2 zoning adjacent to Park View Terrace. Mayor Happ interjected at this
point that this is a request from Mr. Grover Palen who has purchased the property
under contract for deed. Councilman Williams reported that the request has been
tabled until the moratorium on 4-plexes is lifted in that area and the new zoning
adopted.
PETITION FOR THE WITHDRAWAL FROM WATER SPRINKLING DISTRICT
Councilman Williams presented a petition signed by residents of the 400 block on
North Main Street, requesting City to refrain from "street sweeper service" and refund
the special assessmentof$55.00 per lot. Councilman Williams moved to refer to the
street & alley committee. Seconded by Councilman Allen. Motion carried.
Mayor Happ asked for council confirmation to appoint the Board of Adjustment as a
Board of Appeals to comply with the Uniform Building Code. Councilman Williams moved
to authorize Mayor Happ to appoint the BOA as a Board of Appeals. Seconded by Council-
man Allen. Building Official Jackson explained that the building code provides that
when a building is condemned and ordered removed, the property owner has a right to
appeal to a Board of Appeals. Since the City does not have such a board, there is no
legal way the City can order a building removed. -
City Attorney Donahue stated that the city code should be amended by an ordinance
stating how a Board of Appeals is appointed.
Councilman Sliter moved to table the motion until next meeting. Seconded by Councilman
Daley. Motion carried.
Councilman Allen moved that City Judge Willis be granted a request for military leave '
the week of March 28, 1977 and Court Clerk Wilson be acting judge for that period.
Seconded by Councilman O'Boyle. Motion carried.
PUBLIC SERVICE COMMISSION
Mayor Happ reported a letter from the Public Service Commission stating that the
procedure outlined in her letter of March 4, 1977, appears to be a valid method of
interpreting the rate schedule for water service and would receive the support of the
PSC staff.
City Attorney Donahue reported a letter from the Los Angeles County Attorney which
relates to putting all city employees under federal unemployment insurance statutes.
The County Attorney of Los Angeles is spearheading a drive, with the cooperation of
the Municipal Law Officers Association, to test the constitutionality of this Public
163
Law (94-566) and would like the financial help from cities and counties to try the
case. The minimum wage law was tried in court and found it did not apply to municipal
employees. He stated that he did not have a recommendation but would like to refer
it to the employment committee for study.
Mayor Kapp reported that in the legislative bulletin, today, SB 236 is coming up for
vote which is the last chance for providing new revenue to cities and towns. She
has asked the Chamber of Commerce and Republican Womens Club to contact their leg-
islators. She asked council members to do likewise.
MCouncilman Schwartz moved to adjourn. Seconded by Councilman Daley. Motion carried.
Happ, Mh3for