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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