Loading...
02/08/71 City Council MinutesCarried. 60 Councilman Riley moved adjournment. Seconded by Councilman O'Brien. ATTEST THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD FEBRUARY 8, 1971,' IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P.-M. MAYOR BJORNEBY PRESIDED. ALL COUNCILMEN WERE PRESENT. READING OF MINUTES Minutes of the regular meeting of February 1, 1971 were read. by the City Clerk. Councilman O Brien moved approval of the February 1, 1971 minutes. Seconded by Councilman McCormick. Carried. CITY OFFICE REPORTS City Clerk and City Treasurer - December 1970 Reports City Engineer, Sanitarian, Police Chief, and Police Judge - January,1971 Reports. Councilman Roberts-sroved acceptance of the City Official Reports. Seconded by vw en Carr I ed� —.. - -- - Councilman Roche reported that Section 15-7 of the Code of the City of Kalispell does not include the licensing of bakeries and suggested this be referred to the City Attorney for consideration of amendment of the Code to cover licensing of bakeries. CITY SERVICE INC. OPEN BIDS Gasoline and Diesel Fuel �[� DISTRIBUTORS TE)MC® PHONE 754-4751 TEXACO PETROLEUM PRODUCTS ® P. O. BOX 1 KALISPELL, MONTANA $9901 City of Kalispell Kalispell, Montana Attention: City Clerk Dear Sir: 1 February 71 Re: Diesel Fuel Bid we are pleased to quote your annual #2 Diesel Fuel Requirements as follows: .1345 per gallon F.O.B. Kalispell Thank you for this opportunity to quote. Very truly yours, RVICE�,[ INC. Dave Tonjum P 11 DAT: sh 60A Fm S.158 9.69 ATLANI'A. GM, . BOSTON, MASS. • CHICAGO. ILL. . DENVER. COLO. . HOUSTON. TEXAS • LOS ANGELES. CALIF. QUOTATION FROM z rr o. EXACO PETROLEUM PRODUCTS Butte, Mt. Box 308 January 289 1971 19 City of Kalispell Kalispell; Mt. In response to your inquiryof recent date we are pleased to quote you as follows, subject to your acceptance within thirty (30) days; PRICE QUANTITY PRODUCT EX TAXES F.O.B. PER GALLON VIA TANKWAGON Annual Requirements Texaco Sky Chief Gaso. $.l 4 Kalispell, Mt. (Premium Grade) 11 Texaco Fire Chief Gaso. .144 " (Regular Grade) CITY SERVICE CO. KALISPELL will bid diesel fuel. Prices are per gallon and exclusive of all taxes for tankwagon deliveries into your storage. Prices arefirm for the period 2-9-71 through 2-8-72. If Texaco Inc is successful bidder, deliveries will be made by City Service Co. of Kalispell Texaco Distributor. SHIPMENT as required In equal monthly installments from 2-9-71 19 to 2-8-72 19 TERMS Net 30 days. Our representative in your territory, Mr. ... ..... R....D....GUIER.......................... will appreciate the opportunity to explain more fully the benefit to you in using these or other Texaco Petroleum Products. TEXACO INc. CBB:LML Dist. Bares" 'ring - Acceptance of this quotation is subject to all the ""Provisions of Agreement" set forth on the reverse side hereof which may be applicable. 61 Chevron i ,-1 P. D. Gibbs `Regional Sales Manager R. L. Attwater Ass't. Regional Sales Manager Chevron Oil Company Western Division 5201 East 48th Ave.. P.D. Box 599, Oenver, CO 80201 February 1, 1971 BID -GASOLINE & DIESEL FUEL City of Kalispell Kalispell, Montana 59901 Attention Mr. George Beardslee City Clerk Gentlemen: This is in reference to your request for bid covering your requirements of gasoline and diesel fuel for a one-year period. We are pleased to quote you the prices listed below for Chevron (Regular) Gasoline, Chevron (Ethyl) Gasoline, and Chevron Diesel Fuel.to be delivered in tank truck quantities, F.O.B..destination,.into your storage tanks. The prices listed below are seller's listed tank truck prices excluding taxes in effect on February 1, 1971 to your class of trade generally and your net price after deduction of tank truck allowance. TT TT Net PRODUCT Price Allowance Price Chevron Diesel Fuel #2 $.189 $.01 $.139 Chevron (Regular) Gasoline $.22 $.063 $.157 Chevron (Ethyl) Supreme Gasoline $.255 $.078 $.177 The above quoted tank truck and net prices for gasoline are subject to Federal Excise Tax of $.04 and the Montana MVF Tax of $.07 per gallon. Diesel Fuel is exclusive of all taxes. The above quoted prices are firm for a one-year period`, effective February 8, 1971 through February 7, 1972. Terms are net thirty (30) flays. The above quoted net prices are subject to your acceptance within thirty (30) days from the date of this letter or automatically become cancelled. We shall not be liable for failure to make deliveries if we are prevented or hindered from doing.so through circumstances beyond our control. We appreciate this opportunity to bid on your petroleum requirements, and if we can be of further assistance, please contact Mr. Robert S. Miller, our Wholesale Distributor.at Kalispell, Montana. .Very truly yours, CHEVRON OIL COMPANY, WESTERN DIVISION i By c,"L!/%✓ <� N. S. Stirman RBG:vh Supervisor, Analytical & Services 62 QUOTATION FROM COMPANY PETROLEUM PRODUCTS Ca.ty Council —_City of I(alispell (Address) (Laity and State) 15-8 PIS 1',,. 4d-65 2-5-71 (Date of Quotm_ Marketing Division P„ _ tj. 2 o.- 54_u --__ P�illings, lion±::�c-^ 591.':. aie pleased to quote you as follows, subject to the conditions on the reversesideof this form and your acceptance days from the above date: TYPE OF DELIVERY PRODUCT AND/OR PACKAGE SIZE PRICE F.O.B. Conoco Regular Gaso. TW 15.05p/Gal Your Conoco Premium Gaso, TW 17.05p/Gal Storage 5,Oo;) Cal. Conoco No. 2 Diesel Fuel TW 14.21p/Gal P.alispelI DlT-::. inTRY PERIOD: Fro>n_._ 2-9-71 19_ to 2-9-72 19� P,;C" ESCALATION: Firm for Delivery Period TAX:PS: Unless otherwise stated herein, all prices are exclusive- of taxes and such prices will be increased to the extent of any applicable tax or governmental charge now or hereafter imposed. SNIP:..ENT: As 11equired - - TELLS OF PAYMENT: Net 30 Days If this offer is acceptable to you, please sign and return duplicate copy. Ac"ptcd ...__——_.___,—__---., 19— CONTIIjENTAL OIL COMPANY (COD OC' /nr 1 BUYER B P / //� a-j.- —�T. �1. Marshall Product Pricing Manager I 63 IN -' Lz A FARMERS COOPERATIVE - DARIGOLD PRODUCTS - FARM SUPPLIES - FEED AND GRAIN DIAL 7564651 - P. O. BOX 579 - KALISPELL MONTANA 59901 January 19, 1971 City of Kalispell Kalispell Montana Gentlemen: - Pursuant to your call for bids on gasoline and diesel fuel, we submit the following bid for the next year: 35,000 gallons Regular Gasoline 15.30 per gallon ex all taxes 10,000 gallons Ethyl 5,000 gallons Diesel Gasoline-- 17.8o per Fuel 13.90 per gallon gallon ex all taxes State gasoline tax of $.07 will be charged. The $.04 federal charge will be exempt if the City provides a tax—exempt certificate. Very truly yours, EQUITY SUPPLY COMPANY 4MILIrson l S. General Manager SNH/cr£ 64 Union 76 Division: Western Region Union Oil Company of California 315 East 4th South, Salt Lake City, Utah 84111 Telephone (801) 359-8624 February 2, 1971 City Council City of Kalispell Kalispell, Montana Attn: Mr. George Beardslee City Clerk Gentlemen: In response to your call for bids appearing in the local press on January 22, 1971, Union Oil Company of California submits the following: Estimated Price Per Method of Annual Gal. Exclusive Product Delivery Requirements of Taxes Super 76 Gasoline Tank Wagon 10,000 gals. $.178 per gal. Regular 76 Gasoline Tank Wagon.. 35,000 gals. .157 per gal. Union Diesel #2 Tank Wagon 5,006 gals. .142 per gal. Prices are maximum for the period of bid; 2-9-71 to 2-8-72. The attached Force Majeure, Tax, Grade and Maximum Price Clauses are made part of this bid. Our terms of payment are 30 days net from date of shipment. Bid is subject to acceptance within 30 days from date of bid. You can rest assured that Union Oil Company's products and service are the very finest. If this bid is successful, you will be served by our distributor, C. L. Gilbertson, P. 0. Box 7600, Kalispell, whose phone number is 756-7600. You will find that Mr. Gilbertson's service is outstanding and he will be very happy to assist you in any way possible. Very truly yours, UNIOZO COMPANY F CALIFORNIA Er E. Hooker Supervisor, Marketing Services HEH:dg Councilman Miron moved the gasoline and diesel fuel bids be referred to the Street and Alley Committee with power to act. Seconded by Councilman Roche. Carried. 65: OPEN BIDS, cont'd. - Liability_ Insurance I G E P N E R A L INSURANCE 13Ua INass HOME AUTO LIFE "Your Protection Is Our Profession" P. O. Box 959 P. O. Box 323 35 Eighth St. East. Kalispell. Montana 59901 Phone: 756-3388 Phone: 758.5040 February 8, 1971 George Beardslee, City Clerk City of Kalispell P.O. Box 1035 Kalispell, Montana 59901 Re: "BID - LIABILITY INSURANCE" Dear Mr. Beardslee: In reply to your call for a bid on the City of Kalispell - Liability Insurance, as per the attached copy of the schedule to be effective for one year from February 18, 1971, we can 'offer the following: Company: Employers -Commercial Union Company Premium: $8,713.00 The following exceptions would apply: 1) The Policy would exclude all liability coverage at the airport, even lessor's interest 2) The Policy will not be endorsed to provide "Malpractice and Professional Services" coverage. We thank you for this opportunity to prepare this bid. Sincerely J hn R. Graves JRG/gb Enc: �y rouq 47d, eneml lmmonee�/Aoer+r cy 66 0 ELLING50N AGENCY -qnsurance and Aeal state 45 - 2nd Street East, Kalispell, Montana Box 858 Telephone: 756.7146 e" t= , �. Q/ — Sidewalk Obstructions Councilman Roche moved the.matter.of sidewalk impedements be removed from table. Seconded by Councilman Miron.. Carried., Councilman McCormick reported.the-Street and Alley Committee, recommends the City Attorney draft an amendment to the Ordinance regarding sidewalk obstructions, giving the City Council authority to grant:ezceptions.with a permit to.be issued to anyone being granted an exception. The, party reoelving an exception permit to agree to assume all liability and to held. the City of Kalispell harmless. Councilman McCormick moved adoption of the Street and ,Alley Committee repo"rt,, Seconded by Councilman Roberts. Carried.._ ADDRESSING THE COUNCIL Mr. Conrad Petersen requested he be -permitted to address the Council when the correspondence from the Architects Association is presented for consideration, COMMITTEE REPORTS Garbage and ,Sanitation -, The bids for a garbage packer truck were referred to this committee for - recommendation. The committee recommends acceptance of the low bid tendered by Rygg Ford Company of Kalispell of $15,447.72. 1 67 The unit to be equipped as follows: Ford C-800 Tilt Cab chasis & cab with Garwood'Model L P 120 Load Packer with Garwood Model L A 2 Loadlift Attachment F.O.B Kalispell, Montana ..... $15,447..72 Councilman Roche moved adoption of.the Garbage and Sanitation Committee Report. Seconded by Councilmen O'Brien. Carried. ANNEXATION Councilman Roberts reported -that several councilmen had attended the meeting of 5th, 6th, & 7th Aven".�West property owners, who met to consider a way to, resolve their water drain problem. Councilman Roberts requested the 'inclusion in the minutes of letters relating to the foregoing. Letters as .follows: C. D. PETERSON LAND, CATTLE, CONSTRUCTION & DEVELOPMENT CO. MONTANA - ARIZONA - CALT ORNIA TELEPHONE, 408.78e-7093 February 21 1971 City of Kalispell Kalispell Montana City Council Members: HOME OFFICE, SSa SIXTH STREET WEST KALISPELL. MONTANA 59801 M,aself, along with other residents and owners of tracts of land lying in the 9W4 Section 18, T28N, R21 T^;, MP1,1, Flathead County, Montana, Lots 1, 2, 3 and 4 more particular. All that property located on the west side of 7th Avenue West, 1,500 feet, and to Ashley Creek, and also all that property located and lying north of the county road from 7th Avenue West to Ashley Creek, hereby wish to inform you that I am opposed to annexation of my property and lands, either in part or in whole to the City of Kalispell, for the purpose of constructing a water service line at this time. If such water service line were constructed without annexation, I would, as and only on an individual basis, utilize sure service, if availatle. Cordially yours, C.D. Peterson Box 1181 Kalispell, Nontens CDP/gaw ;:ar�er�-'�ti•.�V�A*r.�� '_x^y^y:'W7cl�;wAtan.n2S�.�ait..!1YL�a`i9�+•` �ii4..:. .: .7� ..., .:89.�>.'�Sw%-';te�c-...�'; 68 Kalispell, Montana Nebr. 1 , 1971 City of Kalispell, "lispell, Montana Att: City Council. We the undersigned, residents and owners of tracts,of land lying in the N1E4 W}4-19-28-21 south of the. County Road and located west of the south end of 7th Ave. West and east of Ashley Crebk hereby wish to inform you that we would be opposed to the annexation of our lands, either in whole or in part, to the City of Kalispell for the purpose of cons- tructing a water service line. If such water service line were constructed without any annexation we would, on an individual basis, utilize such service, if available. yy/I iepry trulj yours. v.t.Aamodt, ReD , aalispell, Mont. ,.. 1Ra1 Ytb nV'.a VG{l _.v VR. :. /aaa 1.!'/ 1v-..ywv.a aa•, �. _N,''7,' t ,C.'. Water 4� - ; may" .•. ', _. ,.. Councilman Roberts. read, letter. farom Statburst€ 4eveIopmeni: 'Co:, °regarding''. Fire Hydrants In Park view Terrace Addltfr¢n. � y n ■ 69: a,! DEVELOPERS OF PARK VIEW TERRACE �i.:. -„ 406-756-5690 - P.O. BOX. 113.A - KALISPEL L, MONTANA, 59901 �.�5liN6u�S�T DEVELOPMENT �..� C 0. February 8, 1971 Mr. Bud Roberts Alderman, City of Kalispell Kalispell, Montana Dear Mr. Roberts; A recent news item appearing in the Daily Inter Lake contained a report that the City of Kalispell dater Super- intendent questioned why his department had not been paid for 5 fire hydrants in Park View Terrace. In the pre-oonstruction planning of Park View Terrace, city department heads were consulted as to design and city requirements, where their respective departments would event- ually have the responsibility of maintenance. Carl Lauterjung specified that we were to use Ludlow fire hydrants, and would consider no other make, even though other makes were readily available and some brands at less cost. We placed an order through our supplier, Consolidated Supply Co. of Spokane, Washington, for 5 Ludlow fire hydrants, as evidenced by a copy enclosed of our orginal quotation from which an order was placed with their salesman, Ben Knopp, on June 14, 1968.. Delivery was projected as August 19, 1968. The Ludlow Co. apparently had labor problems or some other factor which prevented them from delivering the hydrants as promised. I again approached Carl Lauterjung with a re- quest to permit us to order another brand of fire hydrant which was in stock in Spokane, but he countered by stating that he would loan us 5 Ludlow hydrants from water department inventory with the understanding that when our order arrived it would go to the water department inventory. 70 -2- Mr. Bud Roberts February 8, 1971 To this I agreed, as we had to have fire hydrants to ' complete the S.I..D. for Park View Terrace. When the hydrants arrived from the water department stock, they were 5 feet instead of 6 feet, which our engineers specified. One of the hydrants loaned us was used. Because our water mains were already installed, the 5 foot hydrant is too short to come up to ground surface. Carl Lauterjung obviously developed the opinion that we never would get the'Ludlow hydrants that we had ordered, as he asked me in late 1969 to pay for the hydrants he had loaned me. I stated that when extensions were installed on the hy- drants, making them acceptable to the City Fire department, I would consider paying for them. Subsequently, I was billed for the hydrants in April, 1970, which billing I have ignored. Nr. Roberts, we don't feel that we should have to pay for the hydrants in question, first, because they are still unsatisfactory, and secondly, it should be noted that we have operated, maintained, and paid all charges for the sewer lift station serving Park View Terrace, for a period of 16 months from September 1, 1969, when the first residence was occupied until January 1, 1971 inclusive. There are 2 homes not included in Park View Terrace, which are not annexed to the city for which we have also paid the pumping charges since October, 1970. In closing, may we state that we feel that we have more than met the City of Kalispell half way in all of our decisions and actions. Encl: 4 EA/nca Yours truly, Sunburst Development Co.. Elmer Absalonson 71 Councilman Roberts moved the City Water Department not pursue collection of amount due on Fire Hydrants from Sunburst Development Co., until solution as to hydrant extensions or replacement hydrants is available. Seconded by Council- man Riley. Councilman Hensley voted no. All other councilmen voted aye. Carried. FINANCE Councilman O'Brien reported that claims for the month of January, 1971, were audited and approved for payment, with the exception of one claim for garbage refund from Mr. William Koegler which was denied. Councilman O'Brien moved acceptance of the Finance Committee report. Seconded by Councilman Miron. Carried. SAFETY Councilman O'Brien reported the receipt of a Brant Award from the Governor's Crime Control Commission in the amount of $775.00 for Crowd and Control Equipment. Should the City accept the award, the Police Department plans to acquire the following equipment: 2 Winchester, Model 1200, 12 gauge riot guns 2 Shatterproof polyguard riot shields 20 37mm projectiles and 10 gas grenades 14 general duty helmets with flip -up face shields The Safety Committee recommends acceptance of the Grant Award from the Governor's Crime Control Commission. Councilman O'Brien moved acceptance of the Grant Award of $775.00. Seconded by Councilman Hensley. Carried. SAFETY Ambulance Fees The committee recommends that each patient hauled, in cases where more than one patient is hauled at one time, be billed at the same rate($22.00 each minimum) plus additional mileage, driver and attendant charges where minimum is exceeded. Seconded by Councilman Roche. Carried. STREET AND ALLEY Councilman McCormick reported the Street and Alley Committee recommends changes in the proposed Street Opening Ordinance as follows: Leave out amount of bond Leave out cost rates on street repair Repair rates to be determined by City Engineer. Amount of bond required determined by City Attorney. Councilman McCormick moved the City Attorney draft the Ordinance per these instructions. Seconded by Councilman Miron. Carried. CAR CRUSHING Councilman Miron reported on the success of the meeting held last Thursday at the High School and that the month of February would be devoted to attempting to get authorizations for the removal of old cars. ALLEY LIGHTING Councilman Miron reported the committee is investigating the possibility of putting the question of alley lighting for the entire city on the April 5th ballot. It is estimated a one mill levy would be required to finance the alley lighting project. We will have more to report on the election prospects concerning alley lighting at a future meeting. MISCELLANEOUS BUSINESS Mayor Bjorneby reported that trucks were parking on 2nd. Street East between 4th and 5th Avenues and that these trucks were left running all night which was disturbing to residents of that area. This was referred to the Safety Committee, Police Chief, and City Attorney for study and recommendation. Mr. Conrad Peterson, owner of property on 7th Avenue West stated objection to possible annexation of his property and requested that he be permitted to meet with the Sewer and Water Committee, Annexation Committee, and the Mayor in this regard. 72 Mr. Peterson was informed that he would be permitted to meet with these committees and the Mayor. LETTER FROM ARCHITECTS ASSOCIATION AS FOLLOWS: R � 3 f�j n -FEB 8 1971 February 2, 1971 a CITY CL,.�G !( N , 'KALIS'EI,L, fl1?!A Kalispell City Council Kalispell, Montana 59901 OZ Fil 8� L RE: FHA Project #093 35014 Gentlemen: The Kalispell Architects Association wishes tm be placed on record as opposing the type of construction being used and permitted on the senior citizens apartment, the four-story frame apartment building being constructed in the downtown area of Kalispell for occupancy by older people. Our association hereby calls to the attention of the city council, a major code violation of this structure for which no variance has thus far been granted to our knowledge: Without a fire sprinkling system, the number of stories exceeds the limits established by the Uniform Building Code (Section 507 and Table 5-D). We do not feel that a fire warning system alone should be considered as a method of satisfying safety and code requirements, when both a warning and an extinguishing system are required. With available fire fighting equipment incapable of handling fire fighting require- ments for a four-story building, we believe it should be unthinkable to allow non -code construction for this project. We also do not feel that the comments received from the State Fire Marshal thus far, should be interpreted as an "approval" of the project by the Fire Marshal, or his permission to violate the building codes. There are other code violations, but the one above listed is the major one and constitutes, we feel, a safety hazard to the occupants. To our knowledge, mechanical and electrical plans have not been filed with the city engineer, and it, therefore, is not known whether this work does or does not comply with the -..building codes. In addition to the safety hazard, the allowance of non -code type of construction will set a dangerous precedent for future construction projects in Kalispell, and create a situation which should be avoided. We strongly recommend that it be required that construction be up- graded on subject project to at least meet the major requirements of the Uniform Building Code, and trust you will give this matter your careful consideration. Sincerely jourss KALISPELL ARCHITECTS ASSOCIATION P. O. Box 1095 Kalispell, Montana 59901 CC: State Fire Marshal FHA 73 Fire Chief Peters was asked to report on the sprinkler system requirement. Chief Peters reported that the State Fire Marshall and local Fire Marshall have required full heat detection units installed, a detection unit in each room of the building and smoke detection units to be installed in the stairways, which will be wired to the fire hall. The heat detection units give the fire department immediate notice, while a sprinkler system gives no notice to the fire department. The fire department is more concerned with saving lives than buildings, and the heat detection system gives the fire department quicker notice. Mr. Conrad Peterson representing the Rental Property Owners Association, stated that they support the letter from the Architects and further stated that any variance (to zoning) should be granted to private developers the same as for Federal Projects. FUNDS TRANSFER A letter from the City Treasurer requests the transfer of funds from S.I.D. Revolving Fund, to S.I.D.'s 300; 309; and 312. Councilman O'Brien moved adoption of Resolution No. 2791, A Resolution Transferring Funds, as requested by the City Treasurer. Seconded by Councilman McCormick. Roll Call Vote. All voted Aye. Mr..Dale Collins, builder (FHA Project 093 35014), reported that prior to starting project, he had talked with the local Fire Marshall, State Fire Marshall, and the City Engineer and construction was in compliance with regulations of the City and the State fire Marshalls, as well as complying with FHA requirements. He stated emphatically that the building is not a fire trap; each and every apartment is constructed with material having a two hour fire rating and the building is equipped with a full heat detection system. STORM SEWER PLANS City Engineer. McClintick, reported the receipt of plans as prepared by Morrison-Maierle Engineers. These plans have been prepared by the Engineers who have consulted with the State Highway Department during the preparation of the plans. Tentative approval of the plans by the City is required. Councilman Turner moved tentative approval of the Storm Sewer plans as submitted by Morrison-Malerle Engineers. Seconded by Councilman Roche. Carried. Mr. Lauteret, apartment owner, inquired as to how the need for such buildings as the Senior Citizens Home was determined. Mayor Bjornsby reported that the determination is made by HUD and that the current study in progress in Kalispell will help to determine whether or not there is additional need for this type of housing. Councilman Roche moved adjournment. Seconded by Councilman McCormick. Carried. Minutes read and approved March 1, 1971.