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Staff Reportsr ' I fl�31i IS Incorporated 1892 elephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Kalispell, Montana Clarence W. Krepps Zip 59903-1997 City Manager City Council Members: DATE: February 5, 1997 Gary W. Nystul Ward I TO: Clarence Krepps, City Manager Cliff Collins Ward I FROM: Glen Neier, City Attorney Norbert F. Donahue Ward It RE: Status Report Dale Haarr Ward II 1) On January 14th, 1997 Jack Calhoun, Arbitrator, Jim Atkinson Ward III conducted an arbitration hearing concerning a grievance filed by William Allen, Operator at Waste Lauren Granmo Ward Ili Water Treatment Plant. The grievance arose as a result of certain activities Allen engaged in while Pamela B. Kennedy Ward IV working at the WWTP on the weekend of August 3rd and 4th, 1996. Allen received two written reprimands for M. duIVe Larson making process changes at the WWTP without the approval of the Manager and making several disparaging remarks about the WWTP Manager at a meeting concerning his activities. AFSCME Local #256 grieved the discipline and requested removal of the reprimands. The City declined, and under the bargaining agreement the matter proceeded to arbitration. The arbitration hearing lasted all day, and was attended by Clarence Krepps, Marty Hensley, Joni Emrick, and myself. Several Union officials and employees also attended as witnesses. We are presently preparing a brief supporting our position in the case for submittal on February 14th, 1997. We will keep the Council informed as to the results of the decision which we expect will be forthcoming in mid - March. 2. In my memo for December, 1996, I discussed certain problems that had arisen with regard to the Hampton Inn construction, specifically Hampton's inability to finish landscaping/irrigation, paving, Highway #2 I:\wp\glen approach and Flood Plain Development prior to receiving the final Certificate of Occupancy. After several discussions with the principal, Spring Creek Development, L.L.C., we were able to come to an agreement wherein the Spring Creek agreed to bond for the remaining work in the amount of $135,000 and the City issued a final Certificate of Occupancy. All work called for in the Agreement is to be completed prior to July lst, 1997. 3. As you were informed by a previous memo, Bill Lincoln has filed suit against the City and the Board of Adjustment over their failure to receive a variance. A portion of that suit is being handled by the MMIA, however, this office is defending the issues directly related to the zoning/variance question. We have prepared affidavits, drafted a Motion to Dismiss and Brief and filed same with the District Court. Rich DeJana, Lincoln's attorney, is preparing a response. It is difficult to say when the District Court might rule on the City's Motion. If the District Court rules against us, we will be proceeding to discovery and trial. If the District Court rules in our favor, DeJana may very well appeal the decision. 4. A couple of weeks ago I was contacted by a Department of Transportation Appraiser concerning acquisition of the Outlaw Inn sign located at the intersection of Highways #2 and #93. His specific question was whether or not the sign, which is an off -premise sign, would be subject to removal at any time in the future under the City's Zoning Ordinance. Section 27.24.150 (2) (h), Kalispell Zoning Ordinance effectively amortized off -premise signs over a period of 5 years from the date of passage of the Ordinance, March 19, 1997. Therefore, the Outlaw Inn sign and perhaps other off - premise signs within the City will be subject to removal starting in March of this year. Council should be aware that some sign owners may challenge the City's authority to order removal of off -premise signs, and although I believe our position to be strong, we may be involved in litigation over the issue. I:\wp\glen 5. During the month of January, 1997, the City Attorney's Office had 31 non -jury trials and 66 pre -trials. In February, the Court has scheduled 52 non -jury trials, 60 pre -trials, and 9 jury trials. The full time prosecutor has been working out very well. I believe we are working more efficiently in promptly disposing of matters in City Court for the general benefit of the City. We still have several cases on appeal to the District Court but that problem should solve itself within the next few months once individuals accused of crimes are adjudicated under the Municipal Court system. 6. This office has been working with the City Court in order to provide a criminal calendar for the entire year of 1997. We have also instituted a calendaring system so that Police Officers receive notice of trials at least three weeks prior to trial. The system, as implemented, should result in fewer continuances and fewer problems with the dismissals for lack of speedy trial. We would not have been able to implement the calendaring program without a full time assistant City Attorney. 7. Jerry Begg owns certain real property adjacent to the City's development on Teton Terrace. In November, 1996 he sent a letter to the City complaining about damages caused to his property during construction activities on Teton Terrace. Some of the complaints have to do with trenching for utilities and material left on the Begg's property by contractors on Teton Terrace. These are the responsibility of the respective contractors, however, it does appear that the City possibly encroached on a portion of Mr. Begg's property when it reconstructed a drainage ditch. There are conflicting surveys and the City staff and consulting engineers are attempting to work out a mutually beneficial solution. We last communicated with Begg on January 15th and have not received a reply to our latest letter. I:\wp\glen 8. On January 6th, 1997, the City took part in a Settlement Conference on the Lence vs. City of Kalispell case. You may recall John Lence sued the City over his belated receipt of a conditional use permit to operate a bed and breakfast on property he owned on the Eastside of Kalispell. Mr. Lence is looking for damages in the neighborhood of $85,000. Neither the MMIA nor this office feel that Lence occasioned any damages because of any activities of the City. Suffice it to say the City's representatives made a less than cost of suit offer to settle, which was promptly reject by Lence. We will probably be proceeding to trial on this case sometime later this year. I:\wp\glen { . PUBLIC WORKS DEPARTMENT ACTIVITY REPORT JANUARY 1997 ENGINEERING ENGINEERING PROJECTS CURRENTLY BEING DESIGNED OR COORDINATED BY CITY STAFF • Continued updating City Special Assessment database. • Prepared preliminary design for the Fifth Alley East/Second Street East sanitary sewer manhole replacement project. • Recorded Capital Improvement items. • Annual Report complete. • Finished reducing Phase III Vertical Control Note. • Updated City GIS Benchmark records. • Updated old Kalispell Utility Water Map. • Prepared Bid Proposal for Pump Station Portable Generator. • Updating pavement management program. • Contractor is moving in equipment to start the Lawrence Park Wetland Mitigation Project. • Held pre -construction meeting for Ronnie Pack sewer extension west of Corporate Way. • Bob Babb retired on January 31'. James Hausz will be the new Director beginning March 10". OFFICE AND STAFF OPERATIONS AND MAINTENANCE • 10 emergency call -outs for January. 1 - Sewer Dept., 4 - Water Dept., 2 - WWTP and 3 - TSS. CENTRAL GARAGE • 141 repair orders were completed during the month of January: • Police ............ 36 Streets ............. 52 • Fire ........... 7 Garbage............ 13 • Others ............ 33 • Major brake job on 1982 International dump truck. • Removed utility box from 1981 Ford pickup, the former Sign/Signal truck and repaired rusted out cab and dents. • Installed new pickup box on old Traffic, Signs, and Signal truck. Put back into service in Garbage Dept. • Repairs and preventive maintenance as necessary on City fleet. WATER PUMPING & STORAGE • Produced 62 M gallons of water. 11 M gallons upper zone and 51 M gallons lower zone. • Injected 43 lbs. of chlorine. • Continued routine maintenance on all pumps, motors, grounds, buildings, controls, testing, and record keeping. • Attended training seminar on determining ground water under the direct influence of surface water. (GWUDISW) • Performed Trihalomethane testing. • Prepared Capital Improvement list. • Observed drilling operations for Grandview well. • Started water quality assessment tests for Lawrence Park's Noffsinger Spring to determine GWUDISW status of spring. • Worked on preliminary budget requests. • Started preparation for testing backflow preventors and setting up cross -connection program. • Repaired ventilator fan for Lawrence Park chlorine room. • Repaired chlorine leak. • This operator wishes to thank the WWTP lab personnel and staff for the use of their equipment to conduct the water quality assessment tests. • State Department of Health conducted preliminary assessments on Armory Depot and Buffalo Wells and found them not to be GWUDISW. SEWER FACILITIES LIFT STATIONS COLLECTION • Video and jet cleaning of sewer lines continues Monday through Thursday. • Weekly maintenance of fifteen lift stations on Fridays. • Cleared snow and ice from storm inlets. • Installed new sump pump at Lift Station #9 • Installed new Dialog Alarm System at Lift Station #8. 2 SOLID WASTE COLLECTION/DISPOSAL & ALLEY CLEAN UP • Delivered 13 containers to new customers. • Responded to 13 reported violations - repaired 3 damaged container. • Weekly garbage service continues. • Weekly alley cleanup continues. • Sixty 100-gallon containers ready for Riverview Court. • Assembly of 100-gallon Roto containers which have recently arrived. 46 CONSTRUCTION AND MAINTENANCE STREETS CURBS GUTTERS ALLEYS • Mostly a routine winter month. • Winter operations continue. • Plowing of alleys ongoing. • Widened streets and avenues to curbs. • Plowed and hauled snow. • Sanded and ice -melted streets. • Processing of work orders. • Hauled sand from A-1 to yard. • Cleared snow at intersections for site distance. • Cleared snow from mailboxes. WATER CONSTRUCTIONAND SYSTEMREPAIR • Tagged 44 delinquent accounts. • Meter repair and replacement ongoing. • Assisted Ben VanDyke with pumps. • Snow removal from fire hydrants continues. • Work order and complaint resolution continues. • Repaired water main on 5' Avenue WN and California. • Assisted Street Department with snow removal. • Assisted with meter reading. SIGNALS SIGNS STRIPING SERVICES • Maintenance of traffic signals, lights, signs, and meters continues. • Signed and barricaded for snow removal. • Went to Whitefish & Columbia Falls for MDOT on signal problems. Cold has caused problems with signal breakers tripping and controllers dying. • Lost power to one decorative light. Will repair in the Spring. 3 F3 WASTEWATER TREATMENT PLANT • The Plant staff has been working on the Capital Improvement Program. The Plant, now in its' fifth year of operation, contains many systems and pieces of equipment that will need to be replaced during the next five years. • The Treatment Plant again had a perfect Discharge Permit compliance record last year. In most cases, we were well below the required permit limit. The Plant was also in compliance with the Permit this month. • We are experiencing cold weather related problems, such as freezing of the dissolved oxygen probe controls, and condensation in the bioreactor control gate and secondary clarifier collector rings. These systems were not built for Montana winters! • The sporadic larger than acceptable difference between the influent and effluent flow meter readings has to do with the effluent readings. We have verified that the influent meter is reading correctly; this is also the reading that we record in the State Discharge Permit Report. The effluent reading problem may have to do with foaming during higher flows; we are still checking and doing measurements to determine what is happening. 4 rc+rrr��w�r�frr� i ' ' Submitted by: Addison H. Clark, Chief of Police During the month of December 1996 the snow kept falling and falling and the number of traffic accidents kept rising. During December the Kalispell Police Department handled a total of 1,310 incidents which included 206 traffic accidents. Officers issued a total of 360 citations to include 30 Possession of Tobacco Products, 52 No Insurance citations, 35 Basic Rule violations, many animal violations, etc., etc. A total of 100 adult and juvenile arrests were made in December. Those arrests were for Thefts, Assaults, Resisting Arrest, Domestic Abuse and the list goes on. December 10,11,12 Sz 13th officers Alan Bardwell and James Brenden attended the P.P.C.T., Edged Blades Defensive Tactics Instructors Course in Sun Valley, Idaho. Kalispell Police officer Rick Parker who is presently assigned to the Northwest Drug Task Force reports a total of 10 drug related arrests and the seizure of illegal drugs with an estimated street value of $45,000. Although some of our officers received some cuts, scrapes, bumps and bruises during their course of duty, 1996 came to an end with no serious injuries to our officers and that makes 1996 a "VERY GOOD YEAR!" c b 6 0 • 1310 Incident Calls were handled 110 Arrests were made (including Adults and Juveniles) 360 Citations were written 258 of these Citations were Traffic Citations Northwest Drug Task Force 800 S. Main ST. Kalispeil PH 758-5878 Chief Clark, During the month of December 1996 the Northwest Drug Task Force made a total of 10 arrests. Five searches and two agency assists were conducted. Illegal drugs with a street value of $45,500.00 were seized. 87 marijuana plants with the potential to produce 44 pounds were seized. An additional 2 pounds of marijuana were seized. The following suspects were charged with the following crimes: Wade Herman: Charged with possession of dangerous drugs with intent to sell dangerous drugs in and around the Kalispell area. Michael Hurt, James Wunder, and Donna Irish Minish: arrested and charged with criminal manufacture of dangerous drugs after an indoor marijuana grow operation, involving 87 plants in various stages of maturity, was discovered in the Bigfork area. These arrests are the result of an investigation which began in June 1996. Hurt is considered to be the source of a large quantity of the marijuana flowing through the bars in and around Kalispell . Myron Walker: Charged with Criminal Sale of dangerous drugs in and around the Kalispell area. Robert Mesplay, Damina Lovenguth, and Jon Jurgens: Charged with possession of dangerous drugs with intent to sell dangerous drugs in connection with the Teepee Lodge case. Mesplay and Lovenguth were major players in a methamphetamine and mariivana distribution ring which included Michael Hurt. A large number of the known drug population in and around Kalispell are know to have been supplied with illegal drugs from this group. Several more arrests directly and indirectly connected to the case are forthcoming. Becky Austin: arrested and charged with criminal possession of dangerous drugs for possession of marijuana in connection with the Teepee Lodge case. The William Creech methamphetamine lab case has been bound over by the Federal Grand Jury in Great Falls. As always several investigations are on o' g. Officer Rick Parker Kalispell Police Department ,Possess False Identification ■ arbor Predatory Animal■ No Animal ■� X••' At •' ,barking •' • , Possess, Drug Paraphernalia Domestic Abuse Endangering Welfare Of • ,Possession Of Alcohol 'Criminal Mischief ,Criminal Trespass To Property Theft Of �. • r . ',Resisting Arrest 'Obstructing Justice . r r Offender Seatbelt ViolationResident �. Front Ir Rear Plates ForeignNo With Registration Expired Registration,Operate w/o Required Sticker • : Drivers Violate On , , :Fail Have ,' Possession While Susp. Or Revoked LiabilityDrive No Insurance ,No Proof Of Liability Insurance Fail To Remain At Accident ©. MeansFail To Notify By Quick ■© Fail Obey Traffic Device Red Violation Reckless Driving Reckelss Driving Passing School Careless Driving Basic o • tion �Speeding Improper Lane Change 'Following Too Closely 'Improper Left Or Right ,,. FTYROW At • -Intersection Making-LeftFTYROW When FTYROW On Through Highway , • g FTYROW FTYROWYield Sign FTYROW From Private Road ,Stop Sign Violation 'Interfere With Traffic While Backin 'DUI Ist ifffense ,. •. Offense �. 3rd Offense Flashing Light,DUI Violation �■ On- Ml- M-e ' SpIttly1friatto Dogs picked up.............13 Returned to owner...............9 Adopted out.........................2 Destroyed .............................2 Cats picked up.................3 Adopted out.........................2 Destroyed ............................. i Bikes picked up...............0 Total bilces on hand ........... 91. DEPARTMENT OF BUILDING & ZONING MEMORANDUM TO: CITY MANAGER CLARENCE KREPPS, MAYOR DOUGLAS RAUTHE & CITY COUNCIL FROM: CRAIG KERZMAN, BUILDING OFFICIAL DATE: JANUARY, 1997 RE: PERMIT REPORT PERM JAN 1997 FEES RECEIVED Jan., 1997 PERMITS JANUARY TO DATE FEES REC JANUARY TO DATE PERMIT FISCAL YEAR FEES REC FISCAL YR TO DATE Building 21 $8,324 21 $8,324 275 $90,859 Plan Review 9 3,060 9 3,060 82 30,822 Plumbing 17 951 17 951 182 11,553 Mechanical 39 2,674 39 2,674 351 19,940 Moving 0 0 0 0 1 100 Signs 0 0 0 0 0 0 TOTALS: 110 $15,009 86 1 $15,009 891 $153,274 BUILDING VALUATION Jan.,1996 Jan to Date Fiscal Year to Date CITY $768,656 $768,656 $6,292,483 COUNTY $684,582 $684,582 $81534,039 TOTAL $1,453,238 $1,453,238 $14,826,522 SEWER CAPITOL IMPROVEMENT FUND $7,071 $7,071 $102,215 WATER CONNECTION FEE $17,312 $17,312 $57,940 BOARD OF ADJUSTMENT FEE $175 1 $175 $1, 575 CAK/ak DEPARTMENT OF BUILDING & ZONING COMMENTS FOR MONTH OF JANUARY, 1997 Building Activity Permits were issued for three single family homes and for one foundation for a manufactured home. The remainder permit was issued for the new TireRama store on Hwy. 93 South. The remainder permit was issued for Loren's Auto Repair on Hwy. 2 West and a foundation permit was issued for a "quick tube" building along West Idaho near Burger King. There were two sign permits issued for the month of January. 1. Lucerna's Halo's and Wings 2. Mom's Place There were no variance requests heard for the month of January. I did accept one application that will be heard at the March Board of Adjustment meeting. Much time was spent on preparing the Urban Renewal Plan for the West Side Urban Renewal District. Along with preparing the Plan, a property owners list was prepared for this area. This month there was a higher than normal amount of requests for floodplain determinations, from both property owners and insurance agents. There are five projects that have been ongoing that have required a lot of attention> 1. Super Stop fuel canopy 2. Kalispell Pit Stop 3. Dr. Gary Lambert's office 4. Design Concepts addition and remodel 5. TireRama In addition to these four ongoing projects, there have been several inquiries from property owners and developers about possible future developments. I received five to six calls from citizens to investigate zoning violations. These violations include people living in camper trailers, and certain businesses parking their business cars in the right-of-way or their customers blocking in neighboring property owners. . EOM Comments January, 1997 Page 2 Personnel: John Levien returned from his leave of absence. General: Snow accumulation in December and January caused considerable effort to be spent on monitoring snow loads on roofs. Heavy snowfalls coupled with cold temperatures brought many construction projects to a halt. The 1997 Legislature is in session and has proposed some legislation that will impact building and zoning. 6-- CraiiKerzman cAY,lak 2 � A _ 2 m ¥ g § k C 2 � a IN kk a a / § § _ = 2 ) k k � k — \ ) \ \ \ Cc) \ § co a G m 2 j\ / \ e ' / Lo ] a ( § 3 )co $� m %k ( f « J \ \ cc ,§ co} \ ) \ \ / a BUILDING PERMIT LIST FROM 01/01/97 TO 01/31/97 PERMIT NUMBER 97-1 TIRERAMA 1555 HIGHWAY 93 S. TR 5XA S17 T28 R21 CONSTRUCT A 11,434 SF RETAIL SALES AND SERVICE STRUCTURE ON EXISTING FOUNDATION. MEREDITH CONSTRUCTION $468,849.00 97-10 ETTA BENNETT 99 W. COTTONWOOD DRIVE SW4 S4 TWP 28N R21W RELOCATE INTERIOR PARTITIONS AND REPAIR FIRE DAMAGE TO RESIDENCE. SELF $33,400.00 97-11 SCHOOL DISTRICT #5 133 1ST AVENUE EAST CONSTRUCT INTERIOR PARTITIONS TO CREATE OFFICE SPACE. ROBERT W. ROSS CONSTRUCTION $3,000.00 97-12 CONNIE MOORE 415 SOUTH MERIDIAN LOT 3B SIB T28 R21 CONSTRUCT A WOOD FRAMED ENTRY COVER ON EXISTING BASEMENT FOUNDATION DALE BRAATEN $925.00 97-13 VERLIN COLEMAN 1688 STAG LANE LOT 8 S20 T28N R21W CONSTRUCT A 1,500 SF 3 BEDROOM, 2 BATH SFR WITH 720 SF TWO CAR ATTACHED GARAGE ON A CRAWL SPACE FOUNDATION. COLEMAN CONSTRUCTION $103,050.00 97-14 LOREN SALLEE 1309 HWY 2 WEST LOTS 5 & 6 OF RESUB 1 & 3 GIBSON ADD #1 CONSTRUCT A TWO STORY, 10-BAY, 11,772 SF AUTO REPAIR AND OFFICE STRUCTURE ON BASEMENT. BUFFINGTON CONSTRUCTION $399,545.00 BUILDING PERMIT LIST FROM 01/01/97 TO 01/31/97 PERMIT NUMBER 97-15 LANCE WHARY/SUPER CAR WASH 95 4TH AVENUE EN LOTS 11 & 12 BLOCK 21 KALISPELL ORIGINAL CONSTRUCT A 5'-6" X 14' MASONRY ADDITION TO EXISTING DRIVE-THRU CAR WASH BUILDING. ROOT MASONRY $5,000.00 97-16 REGGIE & DANIELLE GAUTHIER 1939 DARLINGTON LOT 157 SOUTH MEADOWS SUB CONSTRUCT A PERM. FOUNDATION FOR 27' X 52' MOBILE HOME ALPINE BUILDERS $12,000.00 97-17 NORWEST BANK 201 1ST AVENUE EAST LOT 15,16,17,18 KALISPELL ORIGINAL REPAIR DAMAGED ROOF BEAMS. MEREDITH CONSTRUCTION $11,000.00 97-18 MARK SNYDER 140 PHEASANT RUN LOT 29 BUFFALO STAGE PHASE I CONSTRUCT A 1625 SF 3 BEDROOM, 2 BATH SFR WITH 546 SF ATTACHED GARAGE. SNYDER CONSTRUCTION $127,900.00 97-19 PAUL KIGLYUK 863 FOYS LAKE ROAD TRACT 3FCB SW4 SE4 S13 T28 R22 INSTALL A ROOF OVER AN EXISTING SINGLE WIDE MOBILE HOME AND ADD A 12' X 58' LIVING SPACE WITH ONE BEDROOM. SELF $42,804.00 97-2 MARK WEED 667 7TH AVENUE WN TRACT 8AMB S7 T28 R21 CONSTRUCT A BASEMENT FOUNDATION FOR MANUFACTURED HOME. ALPINE BUILDERS $18,200.00 97-20 CARIE ONEY 1117 5TH AVENUE EAST LOT 11 BK 209 RE -CONSTRUCT THE ROOF AND DECK FROM SNOW DAMAGE PHIL REIMNITZ $5,200.00 BUILDING PERMIT LIST FROM O1/01/97 TO O1/31/97 PERMIT NUMBER ------------- 97-9 DENNIS URBAN 345 5TH AVENUE EAST LOT 7SS1/2 OF LOT 8 ELK 194 S17 T28N R21 W CONSTRUCT A 28' K 34' PRIVATE DETACHED GARAGE ON A MONO SLAB SELF $9,500.00 TOTALS: $1,453,238.08 VA I-AUSPELL FIRE DEPARTMENT *Ilk 336 i st Avenue East P. O. Box 1997 KALISPELL, MONTANA 59903.1997 TED MAIN TED WAGGENER RIC-HARD SEDDON ASST. CHIEF FIRE CHIEF FIRE MARSHAL Kalispell Fire Department Monthly Report January l.,.through January 31,.1997 Clarence-Krepps, City Manager Doug Rauthe, Honorable Mayor City Council Members The Kalispell Fire Department responded to twenty-nine fire calls for the month of January. There were no general alarm fires.. Total dollar loss was approximately $49,000.00. The fires were as follows: "` 1. Electrical Wiring 1'4 8. Nat.GAs Leak or 1 -2- The ambulances' responded to 183 calls during the month of January. The calls are as follows: DOA, Full 5 Diabetic 2 Code/Intubation Mva 31 Drugs/Alcohol 3 Cardiac 20 Breathing Difficulty 15 Transfers 21 Allergic Reaction 4 Falls 32 Syncope 7 Trauma/Assaults 2 Strokes 3 Psychiatric Problems 4 Public Assistance 3 Public Assistance 3 Seizures 9 Sick Calls 22 There were thirty-six no hauls,(runs canceled). 4 The paramedics recorded one successful defibrillation in January. There was one school tour of the fire station with approximately twenty students participating. A safety talk was given at P.T.I. Communications. The assistant chief also gave a talk at a Lions' Club function. Dick Seddon and John Sturzen attended a fire marshal meeting in Helena. Our Chimney Brush Program was used twenty-three times during January. Respectfully Submitted: Orland Leland, Interim Assistant Chief