11/05/73 City Council Minutes533
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., IN THE
COUNCIL CHAMBERS OF CITY HALL NOVEMBER 5, 1973. ALL COUNCILMEN WERE.PRESENT.
MAYOR BJORNEBY PRESIDED.
The minutes of the regular meeting of October 15, 1973 were read. Councilman
Delay moved approval of the minutes as read. Seconded by Councilman Sampson.
Carried.
Mr. Robert Tynes - Tynes Construction - Water Improvement Project -
Mr. Tynes reported to the mayor and council that he had been notified by the
project engineer, Thomas, Dean & Hoskins, that the pipe would have to be tested
before payment would be made. Mr. Tynes stated that only part of the pay estimates
he has submitted have been approved for payment and that he cannot function properly
without money to operate. Mr. Tynes said he has coming on the project, $43,300.00.
Mr. Tynes said that he had talked with Mr. Thomas of Thomas. Dean. & Hoskins and
Informed Mr. Thomas that he (Mr. Tynes) would replace his foreman if Thomas, Dean
& Hoskins would replace their resident engineer.
Mr. Tynes said he has furnished a performance bond and payment bond and requested
the mayor and council direct the project engineer to make payment for the work
completed.
Councilman Miron reported the Sewer & Water Committee met this morning and discussed
this problem.
The project contract is approximately $209,000.00 with the project 94% complete and
$178,000.00 has been paid., Tynes is owed approximately $31,000.00 and $17,800.00
retainage or approximately $48,800.00.
Mr. Doug Daniels, resident engineer for Thomas, Dean & Hoskins, reported to the
mayor and council that the contract specified that the pipe installed would not be
paid until tested - that this portion of the contract was stressed at the pre -
contract meeting and at monthly meetings since. Mr. Daniels reported:
Total Project $201,700.00
Total complete to date 289,900.00 - 94%
Completed and not tested 150,100.00
Complete and tested 39,800.00 - 20%
The total paid to the contractor including tax paid to state- $160,156.76 - about
80% of the project amount with $41,550.00 left to pay on the project. Mr. Tynes
reported that it is standard in the state of Montana for the engineer to pay
contractor for the work installed. The 10% withheld is to cover contingency and
the performance and payment bonds to cover work quality and payment of suppliers in
case of default of the contractor.
Mr. Tynes reported problems with testing the pipe because of gaskets which were
Improperly installed and which had to be dug up and replaced. Also, a problem of
16 inch valve blowing off the end of the pipe. The valves should be anchored down,
but the engineer says it is not necessary to have anchor block - that with proper
installation technique they are not necessary. The manufacturer of the valves
recommend anchor blocks be installed and Mr. Tynes further reported he has a letter
from Carl Lauterjung saying he would o.k. anchor blocks on the valves. In reply to
Councilman Miron, Mr. Tynes reported the completion date is November 3rd, which is
now past. Mr. Tynes said he could not function under conditions as they are now.
(Anchor blocks required by the City code. 11-19-73)
Following further discussion, it was agreed the mayor and council, Mr. Tynes and
Mr. Daniels would meet to further consider the matter in the city council chambers
at 9:15 A.M. tomorrow.
ADDRESSING THE COUNCIL
Mr. Mark Clark, attorney representing Elmer and Nadine Absolonson, requested an
amendment to the zoning to permit apartment houses on Lots 5, 6, 7, 8, and 9 of
Block 1 of Park View Terrace Addition to Kalispell - restricting such apartment
house to not exceed eight units and restricting the number of apartment houses built
on the land area to four.
Mr. Clark reported that the Board of Adjustment acting on their request for a zoning
variance had denied the request.
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Councilman Schwartz stated that he felt the Board of Adjustment has taken too long a
time to consider and the city needs to do something in this area - - other cities are
allowing multi -housing condominiums and this type of housing will help to avoid
additional trailer home type of housing around the city. Councilman Schwartz rec-
ommended this be referred to the annexation committee for consideration.
Councilman Thomas commented that members of the Board of Adjustment are developers
and have appeared before the planning board to seek permission for this type of
structure.
City Attorney Donahue suggested this be studied before consideration of adoption
of amending ordinance.
Mr. Clark reported that they would not like to have this delayed any longer.
Mayor Bjorneby referred the request to the Annexation Committee with instruction
to confer with the planning board.
Mr. Charles L.,Houston, representing property owner in the 1300 Block of Second
Street Nest, reported their objection; to a variance given by the Board of Adjust-
ment.
Kalispell, Montana
November 5, 1973
To the Honorable Mayor and Members of the City Council
of Kalispell, Montana
We, the undersigned, are property owners in"a portion'of
Meridian Addition to Kalispell, owning property on both sides
of the street in the 1300 Block on Second Street West. We
constitute over three -fourths of the property owners on both
sides of the street in said block.
We object to the granting of the building permit for the
construction of a steel building to be used as a wholesale
business in electrical products, as well as the beginning of
the actual construction of such building, for the reason that
such area is presently zoned as a residential district and no
legal variance has yet been granted.
The hearing was held by the Board of Adjustment on October
23, 1973, at which time objection was made by us, but neverthe-
less, the Board of Adjustment granted the variance. However, the
Board of Adjustment has not proceeded to report its action to the
City Council as required by_.Section 17 of the Zoning Ordinance.
Such section requires that the Board of Adjustment cause an
ordinance authorizing the variance to be presented.to the City
Council. The City Council may not then pass the ordinance less
than ten days after the presentation of said ordinance_, unless
all concerned file their consent. Within said ten day period
the property owners may file objections and, if twenty per cent
of the frontage objects, then the Council may not.legally.pass
j; the ordinance except on a vote of three -fourths of the members.
This has not been done.
We respectfully request that the Board of Adjustment and Council
conform to Section 17 of the Kalispell Zoning Ordinance and, in
the meantime, that construction be stopped.
Respectfully submitted,
77
535
Mr. Houston was informed that any action in this regard should be with the Board
of Adjustment.
OPEN BIDS - Police Car -
The following sealed bids were opened and read:
_ Buy The (0ality Way At:
fz y He y
'CH E V R O L E T
KAII$PEL _a._ M0NTANA
7E Rm Aw. E. M6 2-7636
October 30, 1973
Police Dept.
City of Kalispell
Kalispell, Mont. 59901
Gentlemen:
In response to your request for bids, we are pleased to submit the following
quotation on a 1974, Chevrolet, Malibu, 4-door sedan;
Dark Blue with White doors, front & rear
11611 Wheel Base
400 CID, 4 barrel Carburetor
Alternator - 61 amp
Turbo-hydramatic 3-speed Transmission
Electric Windshield wipers - 2 speed overlap
Heavy Duty Front Seat foam rubber), front & back - reinforced.
Seat & interior finished in vinyl morrokids or equal.
2 Spot Lights with inside controls.. Aircraft landing light.
Two inside Sun Visors
5 H76-14-B Bias Belted ply Blackwall
14" Wheels
Heavy Daty Floor mats, front & rear
Finergency Brake Light inside
Roof Flasher wiring harness and extra roof bow
Hot Water heater -defroster (fresh air)
Hear Window Defogger
Fast idle throttle control manual locking type
Spare tire mounted so as to leave shelf clear for radio installation
and emergency kit.
Oil Filter with replacement filter
Single exhaust pipe with standard muffler (no Resonators)
Heavy Duty Battery, d0 amp
Rome light, manual operation only
Reinstallation of all red light flashers and gun mount included
Breaker switch, so park and tail lights flash
Regular high tension spark plug wire
Power disc front brakes
Power Steering
Equipped with standard car radip
Power deck lid release
Reinstallation of protective screens
Air conditioning
continued
536
Page 2
Police Chassis Equipment:
Heavy Duty Engine & Transmission features, Power brake booster, high
colling system including larger radiator, seven blade fan, temperature
controlled, Police type suspension, including special springs, shock
absorbers and front stabiliser bar, 3:41:1 rear axle ratio, 61 amp
generator, 80 amp Battery, 0.120 speedometer range, 2 mph graduations
with increased accuracy.
Our Bid is $3,518.07
with one 1972 Dodge police car trade-in, with the necessary tax papers signed.
This Dodge Coronet ppolice car was appraised on 10/19/73• At the time of
delivery on new 1974 Chevrolet police car, this trade-in would have to
be in a like condition as of 10/19/73, except for normal wear and tear,
to be determined by dealer.
Yours truly,
Henry son,
Sales Manager
' CHRYSLER ,
LL
416 1ST AVE. EAST KALISPELL, MONTANA'59901 TELEPHONE 756.3666
my. 5. 1973
City of Kalispell
Kalispell, Mont..
Cahtlemsnt
we would like to submit a bid of 3587.00 to furnish the
City of Kalispell with a 1974 Plymouth Satellite four door police
car meeting all the specifications called for.Y Delivery time
would be 90 days from reciept of orders This price would be in
addition to the 1972 Dodge being traded in.
Sincerely yours.
Edward L. Hines
Kalispell. Mont.
537
Councilman Miron moved the bids be referred to the Safety Committee with power to
act. Seconded by Councilman Daley. Carried.
COMMITTEEREPORTS
Annexation -
Councilman Schwartz reported that the Kalispell Lumber was in process of preparing
for annexation to the city. The Kalispell Lumber contract with the city for fire
protection has expired, but it is recommended that the.f.Ire protect ion, contract be
continued until annexation is completed. Councilman Schwartz moved the Fire Protect-
ion contract be continued as recommended. Seconded by Councilman Miron. Carried.
Councilman Schwartz inquired as to.the status of the Wisher Salvage Yard. City
Attorney Donahue reported that he had sent a letter to Mr. Wisher inquiring as to
Mr. Wishers plans for the salvage yard, but has received no response. It was agreed
to request Mr. Wisher to appear before the council at the next council meeting.
Councilman Schwartz reported the Weissman Annexation was ready except for the cash in
lieu of park land.
Councilman Schwartz said there is need for an ordinance setting forth the value on
which the cash in lieu of park land is to be computed. In discussion it was agreed
the county �vyee land should be used.
Proposed Ordinance
Councilman Schwartz moved an ordinance be drafted by the City Attorney regarding the
computation of cash in lieu of park land dedication. Seconded by Councilman Miron.
Carried.
Business License -
Councilman Sampson reported the committee has met and set license fees and the com-
mittee is to meet with the chamber of commerce to obtain the feeling of the chamber
in regard to the proposed license ordinance.
Health -
Proposed Garbage ordinance
Councilmen Sampson reported the committee has met and reviewed the proposed ordinance
and made a few revisions.
Councilman Schwartz questioned some of the provisions of the ordinance. City Attorney
Donahue said he would prepare a copy of the ordinance as revised by the committee and
send it to City Clerk Beardslee for copying and distribution to mayor and council.
Street and Alley
Councilmani Rapp reported the specifications for an economy car for the inspector have
been reviewed by the committee and found to be satisfactory. Councilman Rapp moved
authorisation for a call for bids for a 1974 compact economy car. Seconded by Council-
man Miron. Carried.
Water and Sewer -
Councilman Miron ask for progress report from City Engineer Lauder on the Secondary
Treatment Plant. City Engineer Lauder reported the project is 60% complete, and the
contractor is having some problems obtaining some of the equipment,
Councilman Miron reported a meeting with Tynes Construction, Thomas, Dean & Hoskins,
Engineers, Mayor Bjorneby and all council members will be held in the council chambers
tomorrow at 9:15 A.M.
Councilman Miron moved City Engineer Lauder and two water -sewer department personnel
be authorized to attend the Water and Wastewater School in Bozeman, November 12 - 17,
with travel by private transportation authorized. Seconded by Councilman Schwartz.
Carried.
538
Probationary Appointment - Fireman -
Mayor Bjorneby, on the recommendation of-11re.Chief Peters, appointed John Altenburg,
fireman for a probationary period of six months and requested council confirmation.
Councilman Thus moved confirmation of the six month probationary appointment of
John Altenburg as fireman. Seconded by Councilman Knapp. Carried.
RESOLUTION No. 2928
Councilman Miron moved adoption of Resolution No. 2928 A Resolution Authorising
Car Allowances for Certain Officers and Employees. Seconded by Councilman Kapp.
Roil Call Vote. All voted aye.
License & Permit Bonds -and Beer License Application
Continuation.Certificates for.Master.Plumber for:
Norbert Charbonneau
Whitefish Plumbing & Heating
Councilman Thomas moved approval of the License & Permit Bonds. Seconded by
Councilman Sampson. Carried.
Off -Premise Beer License Application -
Super Fair #1 o Sam Bussey, Store Manager
Councilman Thomas moved approval of the Beer License Application. Seconded by
Councilman Schwartz. Carried.
SPECIAL IMPROVEMENT DISTRICTS - - 315 and 316
City Attorney Donahue reported Attorney S. Y. Larrick, representing County Kitchens,
has withdrawn their protest to the creation of these districts as they have -made a
satisfactory agreement with other parties involved. City Attorney Donahue recom-
mended that the intention to create these districts be re -instated and the districts
be created.
Councilman Miron moved to re -instate the procedures on SIDOs 315 and 316 the
protests to their creation being withdrawn, and the hearing completed. Seconded by
Councilman Sitter. Roll Call Vote. All voted'aye.
RESOLUTION NO. 2929
Councilman Miron moved adoption of Resolution No. 2929 A Resolution Creating SID
#315. Seconded by Councilman Thomas. Roll Call Vote. All voted aye.
RESOLUTION NO. Z930
Councilman Miron moved adoption of Resolution No.'2930 A Resolution Creating SID
#316. Seconded by Councilman Thomas. Roll Call Vote. All voted aye.
City Attorney Donahue reported on the trip to Dallas and attendance at the National
League of Municipal Legal Officers and gave codes of pertinent information to
various council committee chairman.
Petition
City Clerk Beardsles presented the following petition received prior to the council
meeting:
PETITION
TO -THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF KALISPELL, MONTANA:
The undersigned owners of the property described opposite our respective names, hereby
petition Your Honorable Body to cause a resolution to be passed, providing for the x�x�t�xxa�xxvxlti
��3kil9i€i4�pcacacacax�ci3kkt:CixtSxPdx�9,tiiSx�,Y,�xc1¢xx
installation of curbing along both sides of 2nd Street West between
............. ........... ... ... ............... .... ....... ......... ...................................................... ............. ............................. ......... ....... ....... ........................................ ...............
...
Meridian Road and the Burlington Northern Railroad Right of Way.
..........................-
...............................................................................
539
NADIE
LOT
BLOCI{
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RESOLUTION NO. 2931
Councilman Rapp moved adoption of Resolution No. 2931 A Resolution Ordering the
Installation of Curbing, along both sides of 2nd Street West between Meridian Road
and the Burlington Northern Right bf Way. Seconded by Councilman Miron. Roll Call
Vote.\ All voted aye.
Building Regulation Variance -
Councilman 'Thomas brought to the attention of the Mayor and Council, the letter from
Roy Stanley of Roy Stanley Chevrolet, requesting a variance from building regulation
requiring sill heigth of 18" for windows (large display windows). Following discussion
and cents from Mr. Stanley, Councilman Miron moved the council recommend to the
Board of Adjustment that the variance be granted as requested by Mr. Stanley. Seconded
by Councilman Daley. Carried.
Mayor Bjorneby requested press representatives and other visitors present to leave in
order that the mayor and council might meet with Mr. Vick concerning the Conrad Mansion
Restoration.
Mr. Vick introduced archivist Del Johnson from the University of Montana. Mr. Vick
went on to inform the council as to the requirements of the family, a review, as they
had been set forth for the Conrad Memorial Museum Board of Directors. Mr. Vick also
reported that Mr. Bibler who was in charge of fund raising for the project had informed
him that there are several fund raising projects going do in the city at this time
and therefore this is a poor time for beginning the fund raising for this project. Mr.
Vick reported that funds have been expended for a burglar alarm system, and approximately
$1400.00 for.security protection prior to the installation of the alarm system. Mr.
Vick said that he hoped to have the document ready for presentation of the property to
the city at the next council meeting. He said that his grandmother was hurt because
the press Indicated that he was giving the mansion to the city and his grandmother
should be reported as the donor of the mansion. He suggested that the council write
a letter to his grandmother and that a formal presentation ceremony be held in which
his grandmother can participate in giving the mansion to the city.
Mr. Vick outlined estimated costs of the project through next spring. He said that
he would have to complete the inventory and return to school by March.
Labor.outside
$450.00
Inside house - crew of three
members besides self
5,300.00
Heating system repair
4,000.00
Trailer repair
200.00
Misc. (including utilities)
2,000.00
Salary for self
400.00 per month
a total of approximately
$13,950.00
Mr. Vick told the Mayor and Council there was a chance of recovering some of the stolen
property by posting a reward on a cash on delivery basis. An amount of $1,000.00 is
suggested as the reward amount. He reported that the FBI knows the property is in
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Las Vegas, but that they do not know where in Las Vegas and estimate that the $1,000.00
reward would satisfy an informant and obtain the property.
Councilman Miron said the restoration of the mansion would be a tremendous cost and
what has been spent so far is just a drop in the bucket.
Councilman Thomas said that he is not in favor of spending any more city money on the
project until the city has the property.
Mr. Vick said that he is the only one that has time and training to inventory the
property and that he has a limited time to spend. That the furniture would be on
permanent loan to the city until Mrs. Campbell passes, then would revert to the city.
Mr. Vick said they could supply a letter of intent and that the most immediate need
is to repair the heating system.
Councilman Thomas moved Councilman Slater and Mayor Bjorneby approve expenditure of
additional funds when an acceptable letter of intent (to donate property to city) is
received. Seconded by Councilman Sliter. Carried.
Councilman Schwartz reported that the architects have voted to support the museum
project. -
Meeting recessed to 9:15 A.M. November 6, 1973.
At the reconvened meeting on November 6, 1973, following further discussions with the
contractor and engineer, Councilman Knapp moved the city pay $10,000.00 on the estimate
with the name of ITT Grinnell Corporation included on the pay warrant to Tynes
Construction Company. Seconded by Councilman Sliter. Carried.
There being no further business, the meeting was adjourned by Mayor Bjorneby.
Minutes read and approved as corrected.
Mayor
I