Staff ReportsTelephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Kalispell, Montana
Zip 59903-1997
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FROM:
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DATE:
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REPORTPARKS & RECREATION
ACTIWTY
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Clarence Krepps, City Manager
Douglas Rauthe, Mayor
City Council Members
Mike Baker , Parks Director
February Activity Report
February 27, 1997
Park and Recreation Highlights:
• Lawrence Park Development: Construction commenced on
Wetland Mitigation Pond.
• Chipped an additional 1,500 Christmas Trees.
Parks Department - Ken Bauska, Foreman:
• prune Kalispell's Urban Forest;
• maintain donated feed barrel for the Ducks;
• shovel sidewalks numerous times and place ice melt;
• flood Woodland Park Ice Rink and snow removal
(several);
• chip Christmas Trees;
• paint arches for Formal Garden;
• attend Boiler Seminar;
• remove Christmas Village into storage;
• receive and unload playground unit for Hawthorne
Park;
• daily rest room cleaning and garbage removal.
Douglas Rauthe
Mayor
Clarence W. Krepps
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward II
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
Recreation Depart. - C. Bohannan & J. Reese,
Recreation Coordinators:
This season's long winter hasn't slowed us down. We are going
n strong with winter activities and programming for all ages. The
nd Annual Daddy/Daughter Dance had a record number of 65
participants dancing up a storm to Country and Rock n' Roll Music
- ( the Dad' s even had a marimba dancing contest) . Fifty lit and 2nd
Graders were busy learning the fundamentals of indoor soccer, and
we also had 18 youth enjoying a one -day skip rope workshop,
M.. learning the can -can, double -dutch, and double-unders.
The seniors are racking up the miles on their cross country skis
Mr. Clarence Krepps, City Manager
Mayor Douglas Rauthe
City Council Members
February 27, 1997
Page 3
Baseball Complex: Council approval of preliminary design. Working
on State Lands Lease - project ready for construction
documents.
Airport Advisory Board: Regular meetings conducted, and Council
direction requested.
Lawrence Park Wetland Mitigation: Construction commenced by
Siderius Construction.
Equipment Replacement: Turf Aerator.
Playground Unit Purchase: Purchase playground unit for Hawthorne
Parks with Park -in -lieu monies.
Up coming Events - Recreation:
Senior Programs:
r.. Cross Country ski March 6, 7, 20, 21, 27
Snowshoe March 4, 13, 14, 18
Dogsleding March 11
Waterfowl Trip March 25
Papermaking March 31
Youth and Adult Activities:
Easter Egg Coloring Party March 22
Spring Break Camp March 25, 26, 27
Calligraphic Watercolor March 3
Stamp Making and Papermaking March 31
Sincerely,
Michae Baker, C.L.P.
irector of Parks & Recreation
B/dlw
ENGINEERING
ENGINEERING PROJECTS CURRENTLY BEING DESIGNED OR COORDINATED
BY CITY STAFF
♦ John Wilson was appointed the Interim Public Works Director upon Robert Babb's retirement.
♦ Preparing final design and specifications for the Fifth Alley East/Second Street East Sanitary
Sewer Manhole Replacement Project.
♦ Started locating and digging out survey control for utilities surveyor.
♦ Conduct Court House research for corner monumentation along Th Standard Parallel. (south edge
of Phase III mapping area).
♦ Updated ArcView files with GPS utilities information.
♦ Met with the MDOT and their Engineering Consultant on the Hwy 93 South Reconstruction
Project. The meeting was also attended by Mike Baker, Larry Gallagher, and Diana Harrison.
This meeting covered preliminary coordination for landscaping, development, utility issues,
intersection layout, and sidewalks.
♦ Met with the Greenacres homeowners involved with the problem of failing septic systems.
Stokes Engineering was in attendance. We have now turned the project over to the residents.
They will need to find their own financing and retain their own contractor to complete the
project. The homeowners were informed they will need to reimburse the City for the costs
incurred to produce the plans and that reimbursement must be made before construction starts.
♦ Continued work with Thomas, Dean & Hoskins on the well drilling and designs for the pump
house at the Grandview well site. The well drilling is now completed. The work remains to
install screens, develop the wells and test pump the wells. The pump house design is continuing.
We hope to submit those drawings for review by the State within the next couple of weeks.
♦ Storm Sewer Drainage Assessment Tax Force appointed by Clarence Krepps has held one
meeting to consider the question of assessments for large vacant tracts. This issue was raised
with the Greenacres Annexation process. We have developed some alternatives and will be
developed further and reviewed at an upcoming meeting.
♦ We met with representatives from Peccia Engineering and the Department of Transportation
regarding the Meridian Road Reconstruction Project. That meeting was to discuss cost cutting
measures prior to the City Council Workshop on February 24'.
♦ We met with representatives from Northwest Health Care and MDOT to discuss the Buffalo
Commons Planned Unit Development. Conversation centered around the future traffic light at
Northridge Drive and Hwy 93. This also involves our future plans for the Heritage Way/Hwy
93 intersection and the requirement to make Meridian Road one-way east between Hwy 93 and
Windward Way. Meetings will be scheduled in the near future to finalize the details with the
respect to Heritage Way and Meridian Road.
♦ We are reviewing the water, sewer, roadway and drainage plans for Buffalo Commons which
were submitted by Peccia Engineering. They will go out for bids this Spring and it appears
summer construction is in their schedule.
♦ We have received a request from the Bigfork Water and Sewer District to renew our lease
agreement for the sludge hauling trailer. Our current lease will expire in March and they have
asked to renew on the same terms. We will add a clause to enable us to terminate the lease with
30 days notice.
♦ We also have a request from Columbia Falls to dewater their sludge on an interim basis so they
might take it to Glacier Gold for composting. We do not have a way to introduce their sludge
into our system and there are concerns about the biological processes and the potential for upsets
to our biological nutrient removal system.
♦ We met with developers of the Lone Pine Subdivision and the City Attorney to work out the
Subdivision Improvements Agreement to enable them to receive final plat.
♦ We have received State approval for the design on the Elk's Lift Station Reconstruction Project.
We will advertise for bids as soon as possible, hoping for construction to begin in late April or
May.
♦ Bi-weekly staff meetings and foremen meetings have been implemented.
♦ John attended a meeting of the Flathead Ground Water Coordinating Committee, sponsored by
the Department of Natural Resources and Conservation. The subject of the meeting was
wellhead protection and the formation of water quality protection districts in other counties.
♦ John met with Kristina Hopkins, a high school science student researching our storm sewer and
impacts on Ashley Creek. He gave her information on our plans for wetlands improvements at
the City Shop storm sewer outfall and encouraged her to stay in touch.
♦ We met with representatives from Carter -Burgess Engineering about the constructed wetland
project at the City Shop storm sewer outfall. This site is being considered as a wetland
mitigation project in conjunction with the Hwy 93 construction. Carter -Burgess and MDT
indicate that they are about to reach a contract for this design. Terms, as we understand them,
are that MDT would pay for the engineering design and construction. The schools through
Linda DeKort, a teacher at Flathead High School, the students, and Jeff Ryan of the Department
of Environmental Quality, are encouraging us to incorporate an educational element. We are
speaking with Jeff Ryan about potential funding sources. We will be addressing this issue in the
next fiscal year budget. The educational element could include such things as walkways,
informative signing, and water sampling stations for students.
♦ John spoke with Jim Hansz in Colorado Springs and provided him with information such as
Activity Reports, Annual Reports, and Department Organizational Charts to familiarize him with
our operation before he starts work on March 10`''.
OFFICE AND STAFF
OPERATIONS AND MAINTENANCE
♦ Capital Improvement Plan sheets submitted.
♦ Began budgeting process.
♦ Four emergency call -outs for February. 3 - Sewer Department and 1 - Water Department.
♦ Maintained a log of man hours & materials used for snow plowing, de-icing, and sanding for use
in a MDT sponsored air quality analysis.
2
CENTRAL GARAGE
♦ 117 repair orders were completed during the month of February:
♦ Police ............ 31 Streets ............. 31
♦ Fire .............. 9 Garbage............ 14
♦ Others ............ 32
♦ Repainted the 1979 Chevy Step Van which was purchased at the surplus sale in Helena. It was
put into service as the Parks Department's irrigation van.
♦ Sent out and received bids for the repairs on the cracked engine block on the 1969 Cat Loader.
♦ Maintenance performed on City fleet as needed.
WATER PUMPING & STORAGE
♦ Produced 56 M gallons of water. 9 M gallons upper zone and 47 M gallons lower zone.
♦ Injected 50 lbs. of chlorine.
♦ Continued routine maintenance on all pumps, motors, grounds, buildings, controls, testing, and
record keeping.
♦ Replaced thermostat housing on Buffalo Hill Booster Pump generator.
♦ Flow tested hydrants.
♦ Observed drilling operations at North Side Well.
♦ Assisted field crews on main break.
♦ Continued water quality assessment test at Lawrence Park.
♦ Shoveled snow.
♦ Started survey and inventory of backflow prevention devices.
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.
♦ Cleared snow from drainage ditches.
♦ Working with Parks Department to remove hazardous trees around the Woodland Park sewage
lift station and trees which produce culvert blocking debris at Spring Creek behind Zauner's
Coast to Coast store.
SOLID WASTE COLLECTION/DISPOSAL & ALLEY CLEAN UP
♦ Delivered 48 containers to new customers.
♦ Responded to 16 reported violations - repaired 4 damaged container.
♦ Weekly garbage service continues.
♦ Weekly alley cleanup continues.
♦ Continue to assemble 100-gallon Roto containers.
♦ Delivered forty-two 100-gallon containers to River View Greens and started service.
CONSTRUCTION AND MAINTENANCE
STREETS CURBS GUTTERS ALLEYS
♦ Winter operations continue.
♦ Improved site distance at intersections.
♦ Widened streets and hauled snow.
♦ Demonstrated use of the snow blower.
♦ Cold mix patching.
♦ Assisted the Water Department with the repair of a main break at North Main and
Washington Street.
♦ Hauled pea gravel to the shop yard.
♦ Cleared an area at the shop yard for chips for the Park's Dept.
♦ On going snow removal from driveways, alleys, and mailboxes.
♦ Cleared snow for the TSS Department for their traffic counter.
♦ Crack sealed at the Airport.
♦ Prepped and patched six utility cuts.
♦ Assisted Parks Dept. with removal of winter scenery at Depot Park.
♦ Assisted Parks Dept. - loaned them two trucks with drivers to haul snow from Lawrence
Park.
♦ Loaned the Solid Waste Department a truck driver to assist with alley clean-up.
WATER CONSTRUCTION AND SYSTEM REPAIR
♦ Tagged 62 delinquent accounts.
♦ Meter repair and replacement ongoing.
♦ Work order and complaint resolution continues.
♦ Assisted NuPac with valves at Northern Lights to activate the high pressure system down to
Liberty Street.
♦ Repaired main breaks at Claremont and at the intersection of North Main and Washington
Street.
♦ Assisted Street Department with snow removal.
♦ Assisted Ben VanDyke with pumps.
♦ Attended Foremen Meeting.
SIGNALS SIGNS STRIPING SERVICES
♦ Maintenance of traffic signals, lights, signs, and meters continues.
♦ Preparing traffic counts for the EPA. Placed counters out for two days per locations.
Half completed.
♦ Signing and barricading for snow removal.
♦ Prepared for this fiscal year's budget requests.
♦ Completed Capital Improvement Survey for TSS Department.
♦ Completed traffic count per Police Department's request at Center & Pt Avenue East.
♦ The runway lights at the City Airport are still covered with snow.
4
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♦ The Treatment Plant received the "System of the Year" Award from Montana Rural Water
Systems. Joni Emrick was asked to accept the award at their Convention in Great Falls.
This is the third award the Plant has received in the past year.
♦ The Operators continue to carry out equipment maintenance work orders and repair
equipment as needed. We are constantly amazed at the cost of many of these repairs. We
actively pursue less expensive methods, such as local machining of parts.
♦ The flow through the plant in January averaged 1.8 million gallons per day; this month the
flow is averaging 1.9 million gallons per day. The average total phosphorus in January was
0.12 ppm.
♦ The dissolved oxygen probe control units are becoming extremely sensitive to minor cold
weather. They are requiring intensive Operator monitoring during cold weather days. The
units are extremely critical to plant operation. The dissolved oxygen probe control units
have been scheduled for replacement and are included in the WWTP Capital Improvement
Plan for the next fiscal year.
N
KALISPELL FIRE DEPARTMENT
336 1 st Avenue East
P. O. Box 1997
KALISPELL, MONTANA 59903-1997
TED MAIN TED WAGGENER
ASST. CHIEF FIRE CHIEF
Kalispell Fire Department Monthly Report
February 1 through February 28 1997
Clarence Krepps, City Manager
Doug Rauthe, Honorable Mayor
City Council Members
The Kalispell Fire Department responded to three fire calls for
the month of February. There were no General Alarm Fires and no
reported fire loss for the month.
The fire department ambulances responded to one hundred and
thirty calls for the month. The calls are as follows:
DOA,Full
3
Diabetic
1
Code/Intubation
MVA
14
Drugs/Alcohol
4
Cardiac
17
Breathing
14
Difficulty
Transfers
15
Allergic Reaction
0
Falls
15
Syncope
3
Trauma/Assaults
2
Strokes
8
Psychiatric Problems
3
Sports/Industrial
2
Public assistance
4
Seizures
5
Sick Calls
10
Abdominal
9
Injury/pain
No Hauls
27
OB
1
Swing by
3
Rescue Extrication
1
There were 80 commercial fire inspections conducted during the
month.
Firefighters Terry Eaton and Steve Herman gave two separate fire
talks at P.T.I., with approximately sixty-five people
participating. Terry Eaton also gave a safety presentation at
the Summit.
-2-
Fire training exercises have been conducted throughout the month
at a house on Third Avenue And First Street West. We plan on
burning the house later this month or in April, depending on the
weather.
Firefighters Toby Hubbard and Dave Dedman have started an EMT -I
Class in Ronan and the classes will continue through April.
our " Chimney Brush Program", was used seventeen times during the
month of February.
Respectfully Submitted,
Orland Leland
Interim Assistant Chief
City of Kalispell
AIRPORT AUTHORITY BOARD
and
AIRPORT ADVISORY BOARD
Meeting Agenda
March 17, 1997
1. Master Plan - Approval to Proceed
2. Approval of RFQ
3. Leases and tither Improvements
4. Airport Manager
MUM
MONTANA LEAGUE OF CITIES AND TOWNS
P.O. BOX 1704 -- HELENA, MT 59624
MEMBERSHIP BULLETIN
February 28,1997
The Legislature took a midway break this week. Most of the decisions made in the first 45 days favored
a conservative philosophy, but there was a 180 degree contradiction evident in the movement toward
state control of the most routine operations of local government. This general theme of centralized
authority calling the shots across the state is apparently rooted in the twisted perception of many
Legislators that there is no competent government beyond the doors of the Capitol Building.
This is a big state. Each of the 128 cities and towns and 56 counties have different problems and
possibilities, and it is illogical for a Legislature that only meets for 90 days every two years to write
cookie cutter state laws that supersede local authority. Many of these decisions are made under severe
time pressures without analysis, public comment or consideration of the consequences. This system
produces strange results, and Montanans who rely on cities and counties for basic services every day
should be warned that their local governments are being Shanghaied by a state Legislature that is
sometimes out of touch with reality and beyond the reach of reason.
The following bills are examples of the movement in the 1997 Legislature toward centralized state
control of issues that should legitimately be decided by local authority.
House Bill 388 will impose restrictions on municipal building code programs that will boost costs,
weaken enforcement and subject cities and towns to an illogical fist of administrative complications that
cannot be justified by common sense, necessity or any other reasonable standard of public interest. This
bill passed the House by a narrow margin, and was referred to the Senate Business and Industry
Committee. The measure may also be reviewed by the Appropriations Committee because the state will
be required to hire additional inspectors if municipal programs are chopped.
House Bill 306, which was also approved by a thin margin, would require state and local governments
to pay compensation for any act that depreciated the value of private property. This bill at one time was
tabled in committee by an 18-2 vote, but it got stronger as amendments were piled on, and was passed
by the House just ahead of the transmittal deadline. Planning, zoning and other local land use decisions
are exempt in the current version. This is essentially a message bill, and the test in the remaining 45
days will be to assure that it is not delivered.
House Bill 240 would limit reserves in state and local government accounts that are funded by fees to
two years of operating expenses. This bill was knocked out, amended, revived and finally passed.
Amendments exempt general fund accounts and all funds that are set aside for the acquisition,
construction, replacement, repair or maintenance of improvements, facilities and equipment. This bill
probably does nothing, and that is a good reason to send it to the graveyard of meaningless legislation.
House Bill 369, as it came out of the box, would have virtually eliminated the possibility of expanding
the boundaries of any city or town in Montana through annexation. This bill has been amended to the
satisfaction of cities and towns, and it could lead to a cessation of the hostilities in the border wars that
have divided Missoula and other surrounded communities across the state.
Seagate Bill 164 exempts manufactured housing from local zoning regulations. The League argued
that the location of manufactured housing should be a community and neighborhood issue, but the
bill was approved in the Senate over these objections.
Senate Bill 308 came sailing out of the Senate under a glorious flag that identified it as the
Government Accountability Act of 1997. This measure, in its current version, would require local
governments to provide written legal justification of any decision to approve or deny an
application for a license or permit. The requirements of this bill are still too broad and potentially
expensive, and while the sponsor has agreed to consider amendments to correct these problems,
this is another example of the intrusive authority of the Legislature into the business of local
government.
The bills listed above are on the hit list for the second half of the session. We will be
contacting cities and towns across the state to help us amend or kill these measures
Numerous other bills that would have interfered with local authority or cut revenues were either
tabled in committee or left for dead as the transmittal deadline passed.
Senate Bill 248 would have prohibited cities and towns from collecting water and sewer charges
from the owners of rental property. The bill would have required collections from renters, and the
Senate Local Government Committee agreed with the argument that this would lead to higher
delinquencies and increased costs for the other rate payers who would make up the difference.
Senate Bill 274 would have mandated competitive bidding on any purchase over $20,000 and any
construction or maintenance work in excess of $25,000. This was a very dangerous bill because it
would have prohibited cities and towns from using their own crews and equipment for most
routine maintenance projects. The snowplowing budget for the Town of West Yellowstone, as an
example, is $145,000 this year, and there is no contractor in Montana that could have the streets
cleared by 7:00 in the morning at a cost that would be even close to competitive. The measure
was tabled in the Senate Local Government Committee by a 7-1 vote.
Senate Bill 299 would have deposited all video gambling taxes in the general fund and provided
an allocation to local governments based on 1996 receipts. This bill would have diverted any
increase in gambling tax revenues to the state and made it easier for future Legislatures to steal
this money. The sponsor indicated that the bill was intended to breakdown the reliance of local
governments on poker and keno receipts as part of a long term strategy to outlaw video gambling.
The bill was tabled in the Senate Taxation Committee, and a motion to bring it to the floor for
debate faded on a 42-8 vote.
House Bill 295 would have referred the question of outlawing video gambling to Montana voters
in 1998, but there was no provision to replace the $24 million that would be Iost by cities and
counties each year if the referendum were approved. The bill was tabled in committee and several
attempts to bring it to the floor, including a challenge of the House rules, were rejected.
HOUSE BILLS
HB 11 Treasure State Endowment - Appropriating money for local government infrastructure projects under
Treasure State Endowment. (Zook) Hearing 3105 (S) F"utance & Claims
HB 18 Eastern Montana Veteran's Cemetery - Require Board of Veteran's Affairs to develop Request for
Proposals from city, town, county and tribal governments in Eastern Montana for siting Eastern
Montana Veteran's Cemetery. (J. Johnson) Hearing 3104 (S) Finance & Claims
HB 24 Homestead Exemption - Increase Homestead Exemption from $40,000 to $60,000. (Hagener) Signed
by Governor Chapter 30
HB 60 City -County Health Boards - Extend to all counties the option of financing a city -county board of
health by mutual agreement between the county and the cities forming the city -county board. (Rose)
Hearing 3104 (S) Local Government
HB 64 Audits - Eliminate requirement for audit of local government entity receiving federal financial
assistance in excess of $25,000, (Ewer) Hearing 3106 (S) Local Government
HB 68 Prisoner Tort Claims - Abolish governmental liability for negligent tort damages to persons injured
on premises of correctional institution while serving sentence imposed upon conviction of a crime;
providing a test for deciding a motion by a defendant for dismissal or for summary judgment in a tort
suit. (McGee) Hearing 3106 (S) Judiciary
HB 74 State Travel Reimbursement - Revise state travel reimbursement provisions on lodging, meals and
mileage; establish maximum; provide exceptions. (Masolo) Hearing 3105 (S) State Adminnistration
HB 78 Liquor Licenses - Revise laws governing liquor licenses; remove restriction on retail beer licenses in
conjunction with all -beverages licenses; application procedures. (Simpkins) 2126 Transmitted to (S)
HB 96 Deferred Compensation Plans - Increase number/kind of investment options available in state and
political subdivision deferred compensation plans. (R. Johnson) Signed by Governor Chapter 37
HB 100 DUI - Revise punishment for DUI. (Soft)
HB 167 Local Option Vehicle Tax - Tabled in (H) Corrections, Select Committee
HB 170 PERS Guaranteed Annual Benefit Adjustment - Tabled in (I) State Administration
HB 173 Firefighter and Police Pensions - Provide actuarial funding mechanisms for benefit adjustments under
municipal police officers' and firefighters' retirement systems; eliminate direct reimbursement of
supplemental benefit payments; increase contributions. (Squires) 2126 Transmitted to (S)
HB 175 Hunting Inside Municipalities - Tabled in (S) Fish & Game
HB 190 Records Retention - Provide that disposal of a record be submitted to the local government records
committee if not unanimous approval by records destruction subcommittee; require local government
records committee to establish schedule. (Anderson) Hearing 3111 (S) Local Government
HB 194 Purchase of Virginia City and Nevada City - Establish historic and cultural preservation fund;
authorize bonds to purchase Virginia City and Nevada City; 5% tax on rental cars. (Hagener)
HB 197 Lighting Districts - Revise provisions relating to lighting districts; clarify mailing address; termination
of district by city or town council or property owners; increase time period for bond amortization.
(Krenzler) Hearing 3171 (S) Local Government
HB 199 Agency Rulemaking - Require notice to sponsor of a bill that becomes law that initial rulemaking
implementation has begun. (Knox) Hearing 3106 (S) State Administration
HB 204 Smoking in Public Buildings - Tabled in (H) Local Government
HB 205 Multijurisdictional Districts - Add health services and health department functions to services a
multijurisdictional service district may provide. (R. Johnson) Hearing 3106 (S) Local Government
HB 208 DUI Fines - Increase fines for DUI; provide no part of fine may be suspended; increase period of
revocation of driver's license ; increase penalty for driving while license is suspended. (Marshall)
Hearing 3104 (H) Corrections
HB 209 Video Gaming Tax Increase - Increase video gambling gross income taxes; dedicate increased
percentage to fund personal property tax reduction. (Marshall)
HB 210 9-1-1 Services - Revise 9-1-1 service; enhanced program requirements; fees; accounting. (Rayne)
Hearing 3110 (S) Taxation
HB 211 Fire Protection - Allow third-class cities or towns to contract for fire protection or consolidate fire
protection services. (Rose) Hearing 3104 (S) Local Government
HB 225 Aboveground Storage Tanks - Allow aboveground storage tanks in small communities, cities or
towns with less than 1500 population. (Kitzenberg) Hearing 3105 (S) Business & Industry
HB 229 Local Government Review Program - Create local government operations review program to be
conducted on a contract basis by legislative auditor. (Cobb) Hearing 3106 (S) Local Government
The Supreme Court on February 27 upheld the system the, Department of Revenue uses to assess
residential and commercial property. The decision validated the 1993 reappraisal, which had been
challenged by a class action lawsuit. A judge in Great Falls had ruled that the reappraisal method
did not comply with the constitutional requirement to equalize property values, but the high court
unanimously rejected these arguments.
The court decision exorcises the constitutional ghosts that had shadowed discussion of property
taxes, and there is a possibility now that the Legislature will write a fair and balanced law to deal
with the effects of the 1997 reappraisal.
The Senate has passed two bills to adjust property taxes to account for increases in the value of
residential property, but neither measure up to basic standards of fairness and balance.
Senate Bill 195 simply delays the effective date of reappraisal, which means that 1993 values
would remain on the books for another two years. This bill would wipe out the sharp increases in
value that have occurred in many western counties, and effectively shifts a portion of the tax load
to other areas of the state. In addition to the tax shift, there is a constitutional question about the
validity of ignoring equalized values as determined by the most recent reappraisal. The measure
has passed the Senate and has been heard in the House.
Senate Bill 319 is a proposed amendment to Initiative 105. It would require all jurisdictions,
including the state and school districts, to adjust mill levies to offset the effects of reappraisal on
the value of residential and commercial property. As an example, if value excluding new
construction increased 20 percent, there would have to be an equivalent reduction in mill levies to
cut tax collections to current levels. The bill does not provide an exemption for tax increment
districts, which could cripple economic development and community rehabilitation programs that
have worked effectively across the state for many years. There is also a tax shift in this bill„ which
moves more of the obligation for financing government and education from business and industry
to residential property.
These bills have the political impetus that generally motivates desperate solutions, but now that
the legal obstacles have been cleared, the Legislature has a lot of time and many good reasons to
come up with a better answer to the property tax question
HOUSE BILLS
HB 425 Repeal Video Gaming - Tabled in (H) Business & Labor
HB 430 Increase Firefighters' Retirement Benefit - Increase service retirement benefit for'certain members of
firefighters' unified retirement system to 2.5% of final average compensation for each year of service;
use final average compensation in calculation of disability benefits instead of final monthly
compensation; raise contributions; provide excess insurance premium taxes be deposited to state general
fund; provide actuarial funding mechanism to pay minimum benefit increases; reduce number of years
required for vesting; clarify date benefits may commence. (Simon) 2126 Transmitted to (S)
HB 446 Increase Firefighters' Insurance Tax - Tabled in (H) Taxation
HB 450 Revise Subdivision and Platting Act - Tabled in (H) Natural Resources
HB 452 Posting of Mixing Zones - Tabled in (H) Natural Resources
HB 455 $25,000 Exemption from Property Taxes - Encourage small business reinvestment by exempting the
first $25,000 of market value of certain property owned by the taxpayer from taxation; exempt first
$25,000 or less of market value of agricultural implements and equipment from property taxation;
exempt first $25,000 or less of market value of commercial establishment furniture, fixtures, and
equipment and supplies and materials from property taxation. (Krenzler)
HB 461 Park and Forestry Maintenance Districts - Authorize park and forestry maintenance districts in
addition to street maintenance districts; allow improvements in maintenance district to be provided for
by resolution as well as ordinance. (Wyatt) 226 Transmitted to (S)
HB 465 Bed Tax Deductibility and Distribution of Proceeds - Allow full deductibility of bed tax in computing
net income for individual income tax, corporation license tax, or corporation income tax; increase rate
of bed tax rate; increase rate of reimbursement to state general fund for bed tax paid by state employees
and officials; allocate revenue collected from bed tax. (Menahan)
HB 466 Traffic Engineer Selection - Allow local government to select engineer from approved list to conduct
engineering and traffic investigation; require engineer to submit report to transportation commission;
require commission to act on findings within 120 days. (Barnhart) 2126 Transmitted to (S)
HB 471 $25,000 Tax Exemption on Class 8 - Exempt from property tax the first $25,000 or less on class eight
property. (Gillan)
HB 476 Local Option Fuel Tax - Tabled in a Taxation
HB 483 Revise Water and Sewer Revolving Funds - Revise laws relating to safe drinking water and
wastewater treatment revolving funds and water system licensing. (Mood) 2126 Transmitted to (S)
HB 484 Actions Against Public Officials - Tabled in (H) Judiciary
HB 489 Notification of Pesticide Application - Specify provisions for a unit of local government to regulate
notification of pesticide application. (Story) 226 Transmitted to (S)
HB 497 Bed Tax Proceeds - Provide that certain funds from the lodging facility use tax be transferred to the
natural areas account for purchase of development rights to state lands to protect certain values
associated with those lands. (Harper)
HB 498 Motor Vehicle Taxation - Generally revise taxation of certain vehicles; replace current system of
taxation of automobiles, vans, sport utility vehicles and light trucks with fee in lieu of tax on light
vehicles; allow owner of light vehicle to register vehicle for 24-month period; replace several fees with
consolidated registration fee; replace local option vehicle tax with local option fee based on fees in lieu
of tax; replace tax on quadricycles with fee in lieu of tax, provide definitions. (Brainard)
RB 500 Competition with Private Enterprise - Prohibit government entities from competing with private
enterprise; provide definitions and exceptions; provide restraint of government entity actions in
competition with private enterprise unless specifically authorized by statute. (Keenan) Re -referred to
tLo Appropriations
HB 505 Reduce Vesting in Municipal Police Retirement - Reduce vesting requirements for members of
municipal police officers' retirement system from 10 to 5 years; increase employer and state
contributions; supersede unfunded mandate law. (Beaudry) 226 Transmitted to (S)
HB 508 Municipal Budget Law - Revise municipal budget laws. (Devaney) 226 Transmitted to (S)
HB 512 Treasure State Endowment Funding - Revise use of coal severance tax funds; revise funding for
treasure state endowment fund by retaining additional money that would be deposited in coal severance
tax permanent fund; authorize issuance of revenue bonds to fund projects; encourage economic
development through investments in research and development; appropriate coal tax earnings to
support research centers and for matching funds; issue revenue bonds for initial funding; allocate funds
to research trust fund. (Harper) Hearing 31V6 (II) Business & Labor
HOUSE BILLS
HB 240 Limit Cash Balances - Prohibit state agencies/local government entities that set and collect charges for
services from maintaining in a fund receiving the charges a cash balance greater than necessary to
finance services for more than 2 years; reduction in charges. (Devaney) 2/26 Transmitted to (S)
HB 248 Municipal Finance Consolidation Act - Increase bonding limit of board of investments from $50
million to $75 million for municipal finance consolidation act. (Harper) Referred to (S) Local
Government
HB 255 Authority to Establish Smoking Areas - Authorize rather than require smoking/nonsmoking areas in
certain offices and work areas by local governments; establish governing body is authorized to establish
tobacco -free or smoke -free buildings and areas. (Lawson) (S') Local Government
HB 257 Jury Trial In Misdemeanor Cases - Limit defendant to one jury trial in misdemeanor criminal case
filed injustice or city court; require defendant to elect forum. (Kottel) Hearing 3107 (S) Judiciary
HB 291 Ambulance Calls - Prohibit Department of Public Health and Human Services from adopting rule
requiring certain persons answer calls for voluntary ambulance services operated by local government
political subdivision. (Devaney) 2124 (H) 2nd Read Do Pass Motion Failed
EIB 295 Bed Tax. - Revise allocation and use of lodging facility use tam limit amount used for certain purposes;
authorize use for historic preservation, tourism infrastructure and land stewardship easements; create
panel to review project applications and recommend funding projects. (Raney)
HB 305 Eliminate Employee OFLT - Eliminate OFLT on employees July 1, 1997; decrease to 0.1% rate of
OFLT on self-employed persons for 1997. (Galvin) Hearing 3171 (H) Business & Labor
HB 306 Compensate Real Property Owners - Provide compensation for owner of real property the fair market
value of which is substantially and disproportionately reduced by application of an existing, new, or
amended state government rule or local government entity ordinance; provide for exemption from
application of the rule or ordinance. (Curtiss) 2C6 Transmitted to (S)
HB 319 Budgets - Change date by which local government using alternative accounting method must have
adopted budget. (Gillan) Referred to (S) Local Government
i3B 330 Self -Insurance Investments - Allow local government group self-insurance programs to invest in
direct obligations of the United States, with average maturity date of investments not to exceed 6 years.
(Wiseman) Hearing 3107 (S') Business & Industry
HB 334 Public Officers - Prohibit threatened use of public officer's, employee's, or legislator's position for
personal or business benefit or advantage. (Peck) Hearing 31V7 (S) State Administration
HB 361 Pesticide Application - Require notice of application or use of pesticides to be posted in public
buildings. (Harper) Hearing 3107 (S) State Administration
HB 369 Annexation - Revise local government law; require contiguous annexation by city or town be
approved by vote of m " registered voters in area unless less than 300 pamels in area;
increase in certain instances from 1 to 5 years period council required to wait to initiate, without
petition, question of annexing area.; ; eliminate mayor's
authority to call out militia or call out citizens in case of riot; eliminate mayor's right to exercise
extraterritorial powers within 5 mules of city for purpose of enforcing health and quarantine
ordinances. (Brainard) 2126 Transmitted to (S)
HB 388 Building Codes - Define and revise building code law terms; expand types of buildings exempt
from building codes; expand duties of municipalities and counties; provide that rule changes are
of significant interest to public; change provisions relating to certification of building codes by
Department of Commerce. (Simon) Referred to (S) Business & Industry
HB 389 Public Participation - Provide greater participation in agency rulemaking or other actions; amend
provisions for notice of actions; define terms; clarify existing provisions, strengthen requirements for
emergency rule; prohibit use of adoption notice to cure deficiencies in statements of reasonable
necessity. (Simon) 2,26 Transmitted to (S)
HB 407 Application of Prevailing Wage - Define "construction services", -"nor construction services" and
"public works contract" for purposes of prevailing wage lam provide other methods may be considered
to compute wage rates when inadequate data is obtained by survey, authorize commissioner of labor to
establish number of districts for prevailing wage rates for the construction _ industry; eliminate
requirement that all state public works contracts be subject to .legal review, ;authorize temporary
standard prevailing wage rates. (Ewer) Hearing 3i94 (S) Labour. -I„, Y . <:it - -:
HB 421 Annexation Hearings - _ Allow a municipality.. to _ hald a bearing .one A-,:proposei _annexation in
conjunction with a hearing on the zoning of the proposed annexapon.1;R,eferted to (S) Local
Gov
HOUSE BILLS
HB 516
Property Tax Installment Payments - Revise payment of property taxes; provide for installments
rather than one-half payments; require all taxes due in the first installment if second installment less
than $25; provide taxes are received by due date if postmarked by that date. (Keenan)
HB 518
Local Government Laws - Revise local government laws; allow appointed officials to reside outside
city limits; increase period for installment contracts from 5 to 10 years; clarify amortization bonds not
preferred over serial bonds; allow refunding bonds be sold at less than par value; allow
multijurisdictional service districts to provide programs for protection of human health and
environment; allow money in district reserve account to be used to pay final principal and interest
payment on bonds or warrants; allow vote on changing county water or sewer district boundaries to be
held by mail ballot; allow fire service area to incur indebtedness in amount not exceeding 18% of area's
taxable value; amend calculation for determining firefighters' service retirement benefit. (Ewer) 2126
Transmitted to (S)
HB 521
Residency - Revise general rules for determining residence; provide that a claim or residence for any
purpose establishes a person's residence for all purposes; clarify that a change of residence may be
made only by act of removal joined with intent to remain in another place. (Ryan) Referred to (S)
State Administration
HB 527
Firefighters' Retirement - Provide one-time permanent ad hoc post retirement benefit increase for
retired members and benefit recipients covered under the firefighters' unified retirement system;
increase state contributions from certain insurance premium taxes to pay for increase. (Ryan)
HB 532
Taxation of Mobile and Manufactured Homes - Generally revise laws relating to mobile homes and
manufactured homes; define "manufactured home"; allow for entitling and residing of manufactured
home; treating a manufactured home as a mobile home for purposes of taxation; change dates for
payment of personal property taxes on mobile or manufactured home; require all taxes on mobile home
be paid before transfer of interest can occur. (Barnett) 2126 Transmitted to (S)
HB 537
Distribution of Oil and Natural Gas Taxes - Revise the distribution of oil and natural gas production
taxes; provide distribution of oil and natural gas taxes to municipalities within a county as a result of
increased production. (Hanson)
HB 546
Water Quality Laws - Amend water quality laws to further direct DEQ to monitor state waters to
assess their quality and develop total maximum daily loads for those waters identified as threatened or
impaired. (Tash) 2126 Transmitted to (S)
HB 548
Generally Revise Taxation - Submit to qualified electors amendments to the Montana Constitution to
generally revise taxation by prohibiting taxation of income and property; increase maximum rate
allowable for statewide sales and use tax to 8%; authorize use of SIDS based upon charges other than on
value of benefited property; repeal constitutional provisions relating to administration of the property
tax. (Prouse) Hearing 3104 (Hj Taxation
HB 559
DUI Penalties - Generally revise penalty laws relating to alcohol or drugs and driving -related offenses;
provide on second or subsequent convictions that remaining portion of previously suspended sentence
may be imposed if fail to complete monthly monitoring; etc. (Grimes) Hearing 3104 (H) Corrections
HB 561
Wages and Employment Taxes - Harmonize definitions of "wages" and "employment"; combine
reporting and remittance of employer taxes; reports and remittances to Department of Revenue.
(Kasten) 2/20 (H) Com Rpt - Bill Passed As Amended
HB 565
Retirement Incentive Program - Reestablish retirement incentive program by making program
available to members of PERS who are eligible 2/l/97; establish window of eligibility for members who
voluntarily or involuntarily terminate employment; make participation in program option for local
public employers; allow to pay costs in installments; allow PERS board to adopt rules; limit the hours
persons may work for same jurisdiction after having retired under incentive program; provide
termination incentive to certain state employees in teachers' retirement system. (Menahan)
HB 569
Firefighters May Remain Under PERS - Allow certain firefighters who are members of public
employees' retirement system to elect to remain in the PERS instead of transferring to firefighters'
unified retirement system when firefighter is hired into position that would be covered under the
firefighters' unified retirement system. (Squires) M6 Transmitted to (S)
HB 571
Liability Issues - Provide effect of release or covenant not to sue; revise principles governing liability
and determination of liability when multiple persons at fault. (Beaudry) 2126 Transmitted to (S)
HB 579
Ethics Law - Revise ethics law; revise ethical requirements for public officers and employees; prohibit
public officer or employee not licensed as lobbyist from using public time, equipment, supplies,
facilities to support/oppose state or federal legislation or urging others to support/oppose legislation;
HOUSE BILLS
allow public officer or public employee to use public facilities or equipment in fulfilling pro Bono
obligation under professional responsibility code. (Kitzenberg) 226 Transmitted to M
HB 585 Governor's Today & Tomorrow Program - Provide for use of money in the coal severance tax
permanent fund to stimulate economic prosperity in Montana through community infrastructure
development, research and development, public school construction and technology acquisition, historic
preservation, and land stewardship-, appropriate coal severance tax funds to treasure state endowment
program; establish research and development special revenue account and endowment fund; etc. (Ohs)
Bearing 3/06 (M Business & Labor
HB 587 Lower Statewide Mills - Decrease the number of statewide mills levied to correspond with statewide
increase in taxable valuation; decrease the mills levied for university system, elementary base funding,
high school base funding, and state equalization aid. (Swanson) Bearing .3/I2 (Bj Taxation
HB 589 Reduce Class 4 Tax Rate - Reduce the property tax rate on Class Four property from 3.86% to 2.781%;
clarify tax rate on Class Three property is 3.86% of its productive capacity value. (Ream)
RB 590 Adjust Tax Rates for Revaluation - Adjust tax rates for Class 3, 4, and 10 property to compensate for
increased valuation of taxable property-, provide an exemption to property tax limitation for taxing
jurisdictions to increase property tax mill levies with approval of their electorate. (Hanson)
BIB 595 Prohibit State Property Taxes - Submit to qualified electors constitutional amendment to prohibit
state government from Ievy-ing property taxes or requiring local governments or school districts levy
property taxes and eliminate state's role in valuation of property. (Simpkins) Bearing 3106 (10
Taxation
SENATE BILLS
SB 66 Cooperative Purchase Group Benefits - State and local government agencies may cooperatively
purchase benefit services and insurance products to provide employee group benefits; procedures.
(Benedict) Hearing 3170 (H) Business & Labor
SB 88 Treasure State Endowment - Establish annual funding cycle for Treasure State Endowment Program;
transfer project approval authority from legislature to governor; revise criteria for awards. (Beck)
Hearing 3107 (HJ Business & Labor
SB 89 Telecommunications - Revise laws relating to regulation of telecommunications services. (Beck)
SB 137 Subdivisions - Tabled in (S) Local Government
SB 139 Unfunded Mandates - Tabled in (S) Local Government
SB 159 Bank Deposits - Eliminate requirement that local government distribute demand deposits ratably
among all banks within boundary of local government. (Jergeson) Hearing 3104 (H) Local Govt
SB 164 Manufactured Housing - County and municipal building codes and zoning authorities may not prohibit
use of land for proposed residential structure for sole reason that structure is a manufactured home if
home is built to conform to the code issued by HUD; allow county to require location and installation
according to certain standards. (Sprague) Hearing 3105 (H) Business & Labor
SB 180 Mail Ballot Elections - Applicability of mail ballot elections to certain elections; clarify availability of
special elections for water/sewer projects. (Doherty) Hearing 3104 (H) State Administration
SB 181 Resort All -Beverages Licenses - Clarify provisions of resort retail all -beverages licenses; resort area
may not include land or improvements lying within boundaries of incorporated city or town; definitions;
hearing notice requirements. (Hargrove) Hearing 3/20 (HQ Business & Labor
SB 195 Delay Property Reappraisal - Delay effect of current property reappraisal; delay next reappraisal cycle
to 2000; require DOR to use values established in 1996 for all classes of property subject to taxation for
tax years 1997 through 1999; require DOR to value new property or reclassified property in manner
consistent with method of valuation in 1996. (Harp)
SB 211 Property Tax Equalization - Amendment to Article VIII (3) of Constitution to allow equalization of
property values for property tax purposes based on classification and acquisition values, limit increases
in valuation to 2% per year, allow increases from periodic reappraisal to be phased in over course of
reappraisal cycle. (Devlin) 2124 Transmitted to (fo
SB 214 Parking Signs for Disabled - Require municipalities to erect signs designating parking spaces for
persons with disabilities; authorize municipalities and counties to recruit and train volunteers to issue
citations to vehicle owners who violate parking regulations. (Eck) Referred to (H) Transportation
SB 225 Eliminate Firefighter Arbitration - Eliminating arbitration when an impasse is reached in course of
collective bargaining between a public employer and firefighters' organization. (Devlin)
SB 248 Renters Outstanding Sewer/Water Charges - Tabled in (S) Local Government
SB 249 Exception When Plumber Not Available - Tabled in (S) Business & Industry
SB 258 MACO Sales Tax - Generally revise taxation; enact 4% sales and use tax; allow certain exemptions;
provide distribution of tax revenue; allow credits against income taxes; eliminate classification of
property; exempt personal property from taxation; tax property at 100% of value; property tax relief,
limit property tax increases; revise classification of counties; revise debt limits; repeal I405. (Gage)
SB 268 Repeal Montana Lottery - (S) 2nd Reading Do Pass As Amended Failed
SB 274 Competitive Bid Amounts - Tabled in (S) Local Government
SB 286 Handicapped Accessibility Inspections - Provide inspection of construction of facility or alteration of
primary function areas for accessibility to persons with disabilities; require accessible exterior routes;
regulate alteration of primary function area; disclaimer on building permits and certificates of
occupancy. (Crippen) 2125 Transmitted to (M
SB 289 Local Victim and Witness Advocate Program - Establish additional surcharge upon criminal
convictions to finance local victim and witness advocate programs. (Eck) Referred to (H) Judiciary
SB 294 Local Gambling Decisions - Tabled in (S) Local Government
SB 299 Video Gaming Taxes - Tabled in (S) Taxation
SB 300 $20,000 Exemption on Rental or Lease Property - Increase market value of Class Six personal
property intended for rental or lease not subject to property taxation from $5,000 to $20,000. (Thomas)
2125 Transmitted to (10
SENATE BILLS
SB 308 Government Accountability Act - Require state and local government entities to prepare written
statement of needs and legal authority before taking certain action; provide definitions and exceptions;
provide for civil actions; create offense. (Beck) 212S TrcanswiW to (M
SB 319 Revise I-105 Limitations - Amend property tax limitations implementing 1-105 by changing the
exceptions to the limitations; provide property taxes capped at 1996 levels; provide electors of a taxing
unit may authorize mill levies that exceed the limitations of Title 15, Chapter 10, Part 4, MCA; revise
statewide mill levies and certain mill levies fixed by law. (Stang) 2124 Transmitted to (IV
SB 328 Increase Police Retirement Minimum Benefits - Increase minimum retirement benefit provision for
certain retirees in municipal police officers' retirement system; increase state contributions from
insurance premium tax. (Doherty) (,S) 2nd Reading Do Pam As Amended Failed
SB 333 City -County Fire department Relief Associations -Tabled in (S) Local Government
SB 339 Review Parcels - Clarify review of certain parcel divisions. (Grosfield) 2/25 Transmitted to (H)
SB 340 Ballot Measures - Generally revise laws governing ballot issues; increasing time for election officials
to process ballot measures; prohibit, petitions containing extraneous material; require signatures of 50
qualified electors to submit petition for review; provide extended period of review at certain times;
prohibit facsimile signatures; require title to conform to standards for bills; increase permissible length
of statements of purpose. (Grosfield) 2125 Transmitted to (ZO
SB 345 Reduce Business Equipment Tax Bate - Gradually reduce tax rate on business equipment to 3%;
provide reduction be phased in; reimburse local taxing jurisdictions; progressively reduce
reimbursements; progressively reduce current remittance to county treasurers to reimburse local
government for previous reduction in personal property tax rates; revise local government debt and
indebtedness limitations to offset tax reduction_ (Taylor) Hearing .I/t'17 (S) Taxation
SB 347 Passenger Elevator Inspections - Tabled in (S) Business & Industry
SB 354 Restaurant Beer and Fine License - Establish restaurant beer and wine license to allow restaurants
to serve beer and wine; prohibit restaurant licensee from holding any other type of beer, wine, or liquor
license; exempt licenses from quota system; licenses nontransferable; prohibit gaming in conjunction
with license, other than all -beverages license, to sell alcoholic beverages for consumption on premises
not originally licensed prior to effective date. (Waterman) Hearing 3/71 (S) Taxation
SB 362 Distribution of Taxes from Post-1985 Wells - Revise distribution of oil and natural gas production
taxes on post-1985 wells to counties, school districts, school equalization and university system;
eliminate distribution based on mill levies for state, county and school districts; provide oil and natural
gas production taxes on post-1985 wells distributed according to percentages. (Gage)
SB 386 Oil and Natural Gas Production Taxes Distribution - Clarify distribution of oil and natural gas
production taxes conform with new tax laws enacted during 1995 legislative session; allow department
to revise distribution of oil and natural gas production taxes under certain conditions; clarify tax rate
imposed on incremental production from post-1985 wells when price of oil is equal to or greater than
$30 a barrel. (Gage)
SB 387 Reduced Rates on OR and Natural Gas Production Taxes - Revise oil and natural gas production
taxes; provide reduced tax rates from certain wells drilled after 12/31/97; clarify distribution of taxes;
allow DOR to revise distribution under certain conditions; clarify tax rate imposed on incremental
production from oil wells when price of oil equal to or greater than $30 a barrel. (Bishop)
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