Loading...
02/18/74 City Council MinutesS Mr. Bibler said that it is anticipated that the maintenance cost would be _supported by tourist fees, and referred to the Bradford Museum, located in Wyoming, as an example. It has 13,000 visitors per year and is a continuing tourist attraction, Mr. Bibler.said it is felt that there will also be limited federal money available. Councilman Thomas said the council has to decide now - is this a worthwhile project and do we feel we can meet the obligation within 5 years. Mayor Bjorneby asked for a show of hands of the councilmen who -accept the agreement In principle. Mayor Bjorneby reported 6 councilmen showed they accepted the agree. ment in principle. Mr. O'Brien reported that drawings were being prepared regarding the apartment and that cost would be determined by that. Mayor Bjorneby adjourned the meeting. Minutes approved as written, March 4, 1974. THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, WAS HELD IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P.M., FEBRUARY 18, 1974. MAYOR BJORNEBY PRESIDED. ALL COUNCILMEN PRESENT. APPROVE MINUTES Councilman Miron moved approval of the minutes of the regular meeting of February 4, 1974 as written. Seconded by Councilman Thomas. Carried. CITY OFFICIAL REPORTS City Clerk and City Treasurer for December 1973 City Engineer, City Sanitarian, Police Chief, Police Judge for January 1974. Councilman Thomas moved acceptance of the city officials reports as presented. Seconded by Councilman Daley. Carried. ADDRESSING THE COUNCIL Mr. Sandy Schindler, representing petitioners who petitioned for the abatement of the operation of the Teen Center, reported that they were unhappy with the council action on the Teen Center. (to allow the center to continue to operate for a further period of time) Councilman Miron said that at the informal meeting the council had with the parent board and junior board and other interested parties, he had said he would make a motion to grant permission for the continued operation of the Teen Center for the rest of the school year. C Councilman Miron reported that his own boys opposed his former statement that the Teen Center was not needed. Police Officer Young reported -that the Teen Center has hired two off duty police officers, Officer Stotts and himself, and in addition have a 5 man patrol of the kids themselves, and felt that good control was maintained at the last dance held at the Teen Center, both in the building and in the surrounding area outside the building. Councilman Schwartz reported that the sentiment of the council was that we cannot close the Teen Center on an immediate basis. The council should allow them time to develop proper program, but that if things get out of hand,.they would be closed Immediately. They need help to relocate and with the present building, The Teen Center, as any other business, should be allowed to protect their own interest, and be allowed to remain open until next spring, giving them the opportunity to earn money to pay off indebtedness. Mr. Hans Mebust, resident in the area of the Teen Center, ask that the area residents be promised, in writing, that if the vandalism continues, the Teen Center will be closed down. Mr. 'Moose' Miller, member of the Senior Teen Board, reported that the dances at the Teen Center will cease as soon as the grass gets green - about another 60 days. Mr. Don Etheridge, 340 2nd. Ave. East, said that people were against the Teen Center in the present location, but were not against a Teen Center. Jane Lopp ask Mayor Bjornsby and council members take note of the composition of the (protest) group here tonight. These people, because of their age and health con- ditions, find it difficult to come to meetings like this and it should not be neces. sary for them to keep coming to these meetings to keep repeating their position. 'Moose' Miller reported the teens have not located a new location for the Teen Center, but that the teens will cease to operate at the present location after the end of the school year. He asked that the teens be given the chance to earn money to pay off their debts by allowing them to continue operation at the present location until the end of the school year. Mr. Johns ask that the teens be limited to having dances one night a week, but not two nights a week. Mr. Schindler asked why we (protesters) should wait for further damage before the center is closed down. Assistant City Attorney Kauffman, in reply to inquiry of councilmen, reported that a court action would be required to close down the center on a nuisance action, and would probably take at least 60 days. Councilman Knapp said there is general agreement to the shut down -of the Teen Center at its present location by April 16, and we could not get legal action through the mill by that time. He suggested that this commitment be put in writing for the agreement to close as of April 16th, with dances limited to once a week, and that if they get out of line any time before April 16th, they would close the center immediately. 'Moose' Miller asked that they be permitted to operate through April 20th, which is a Saturday. Mrs. Groose, 207 4th Ave. East. reported that she has over the past several years had three daughters who have attended teen center functions and when her first daughter attended, the dances were chaperoned by three adult couples. She felt that lately there have not been a sufficient number of adults chaperoning the dances. Mrs. Groose said that there should be a patrol after the dances are over, as this is the worst time when the teens travel around the area. It was suggested that one of the off duty police officers begin duty later in the evening and stay for an hour or so after the dances are over. Councilman Schwartz moved the Teen Center be allowed to operate through April 20, 1974, provided they are under the rules and regulations of the parent board; that they are properly policed and; if it becomes necessary prior to April 20, 1974, for any police action to be taken because of the Teen Center operation, that the Teen Center will be closed down. A copy of this motion be sent to each of the petitioners who signed the petition to abate the operation of "The Teen Center" as a public nuisance. Seconded by Councilman Miron. Carried. 1 Mr. Walter Bahr, representing the Conrad National Bank, with the aid of architects drawings, informed Mayor Bjorneby and council members of proposed changes in parking and drive-in access to the Conrad Bank. Councilman Thomas reported the committee recommends approval of the banks plans. Mr. Bahr reported that they have acquired the Modern Equipment Company lot located immed- iately west of the bank which is planned to be used for customer parking. Mr. Bahr informed the Mayor and Council that 35% of the banks' customers do their ' banking by use of the drive-in facilities, and that the additional parking will make parking more expedient for customers who come into the bank to do their banking. There will be a need for two more curb cuts north of the present Eagles Building. Further on in the plans, a request will be made to close the alley entrance at the northwest corner of the bank. It is planned to have the entrance of traffic to the drive-in facilities on First Avenue West. Mr. Bahr reported that 450 to 500 cars per day use the alley at present. Councilman Happ moved the Conrad National Bank be allowed to proceed with plans. Seconded by Councilman Miron. Carried. Mr. Tom Flynn, former mayor, presented to Mayor Bjorneby and council members, the following petition: MAYOR AND CITY COUNCIL KALISPELL, MONTANA We, the undersigned, owners of vacant lots within the limits of the City of Kalispell, PROTEST the action taken in Resolution No. 2938 adopted anuary 7, 1974. WHEREIN_ it is Proposed tq charge under Section 2, item (b) $17 per year against said vacant lots , "The City Council finds that the cost of the removal of garbage or other offensive matter from the various lots and parcels of land within the City and benefitted by such removal is the amount " as shown by the records maintained in City.Hgll. We further state that practically all of these lots are not served by alleys and there is no garbage or other matter removed from them by the City of Kalispell and there are no records to indicate that garbage has been removed from them. We respectfully request that you revise your resolution and delete that portion as it pertains to VACANT LOTS. w� 4_r "Having served six years on your side of the table I feel that I have a pretty good under- standing of some of the problems that you face from time to time and I know that one of I the most pressing of these often is money. How and where to get it - that is my reason for being here tonight. I have followed the actions of the City Council through the years with interest and have avoided putting myself 'in a position of giving unwanted advice, but I couldn't pass up this. On January 7th you adopted Resolution 2938 pertaining to cost of removal of garbage, etc. While I was disturbed by the increase in cost per residential unit as levied under item (a), I was definitely upset by item (b) and completely confused by item (c). At this time I present to you a petition protesting your proposal under item (b) of this resolution: Item (b) as you know, reads, Residential vacant lots (not contiguous to and part of a residential unit at 50% or $12.00 per year) Item (c) reads: Commercial Parking Lots operated by the City in a lease shall be exempt. To my knowledge the City of Kalispell has never knowlingly levied a garbage removal charge against vacant lots. From time to time through error this might have happened, but never from actual intent. And in spite of what some have used as arguments for this levy I am not convinced that there is a,basis for it now. In this connection I would like to say that I have only one vacant lot and the $12.00 is of little consequence, but I know that once things like this become established they rend to become permanent. The reason that we are saddled today with some ridiculous taxes in many phases of government is because no one chose to speak up against them. The argument has been given that the cost of removing leaves is properly a garbage charge and because vacant lots have trees on the boulevards in front of them from which leaves are gathered then they should be paying for this. It was always the custom while I was Mayor and before to charge the leaf gathering to street and park funds, as these boulevard trees constitute the only park areas in most parts of the cities where there are boulevards, therefore it would seem improper to charge this cost to the garbage department. Further, If this was a valid argument there would be no excuse to exempt additional lots that were contiguous to a dwelling as mentioned in item (b), as these additional lots also generate leaves. s I have given a lot of time to this and the opinions I have here are not just snap judgements. I have driven extensively over the city in recent days, and in that part of town where there are trees as mentioned, there are very few vacant lots, and those that are would in most cases be exempted under item (b). So you, come back to the question where are the vacant lots. There are several scattered through the west side of Kalispell, but here you come back to areas where there are no trees, hence no leaves, and most of these lots would also be exempted under the contiguous description. Then we come to the only area where there are numerous lots. Those newly annexed areas that are just being developed. You will note from the petition one party has 41 lots_ on which you propose to charge him $492, another has 35 lots for a cost of $420. Both of these groups are in areas where no alleys exist and where no refuse exists other than the annual need of cutting off a growth of weeds, which are being and will continue to be removed by the owners. Another 12 lots are on West Arizona, a dead-end street bottled up against a wrecking yard, which. renders these lots quite unsaleable at this time, and from which no refuse is removed by the city. Let us consider item (c) of the resolution, wherein it is stated that commercial parking lots operated by the city in a lease shall be exempt. Inasmuch as item (b) clearly stated Residential Vacant Lots, the question of parking lots would not have arisen without the insertion of item (c). However as it is In the resolution the question then, was it the intent to levy this charge on parking areas thruout the city that were not operated by the city under lease????????? If you did intend that, do you propose to levy garbage fees on the supermarket parking lots, bank parking lots, school parking lots, church parking lots???? You exempted only Commercial parking lots operated by the city under lease. The resolution is so poorly worded on this point, you will notice the protest petition carries the signature of all of _the banks and a large supermarket area. We could have had many more signatures, but an effort was not made to get them, but only to present to you a picture of those on whom you are proposing to levy this tax. I don't think you meant to apply this in this way, but one could not know from the resolution. These parking lots that I have mentioned above are in most cases provided by their owners for their benefit and also for the benefit of all of the city as well, and at no cost to the city or the users of the lots. I am sure that most of you are familiar with the card record files that form the basis for levying city special assessments. This system was my brain child, I designed it in 1962 and put it into practice. Prior to that time the methods used were woefully inadequate; to illustrate this, the first year we used this system, (which assures you of getting every parcel of land within the city on record), without raising the rates for any of the services, the city collected approximately $25,000 additional in oil sprinkling, garbage, lighting, etc. We found that we were hauling garbage for about 20 residences that were outside the city but just across the alley from city limits for one illustration. I have related this just to illustrate how important this area of your city records is. But there are limits to what can be done with these records.. It is not possible for anyone to sit down and work at these records and endeavor to apply garbage charges to vacant lots under the wording of the resolution. The property descrip- tions show the number of lots, involved, but in most cases only an actual viewing of the property would provide the information to complete the assessment. Using the system mentioned above where there is a card file for every piece of land in the city, the property can be overcharged or undercharged for a service if the person in charge is not properly advised when a home is built, or when a home is removed as occasionally happens when lots are converted to parking. Unfortunately for the taxpayer, quite often a regular annual charge gets recorded on the card and never removed when the situation changes. This accounts for the need to refund garbage charges from time to time that were erroneously charged. ' The water department service turnon is the best source of information when a home is built on a previously vacant lot. Getting back to the protest petition, I have prepared for you some information showing the assessment made for 1973 and what you can expect to raise in 1974 at your proposed increase. From these figures, you will see _that the full $24 Is not needed -one half would do the job or a total of $21. I have a lot more that I would like to discuss about the Garbage Operation, but for the moment, I think someone else may want to offer something on the point of whether or not vacant lots ought to be assessed." 10 Mr. Flynn said the vacant lot charge would be punitive and basically unfair. Mr. Flynn said that he had more information regarding garbage ifthecouncil wished to. take the timetohear it. Councilman Miron said the council valued his opinion and would like him to present the additional information. "Recalling the old expression, there's something rotten in Denmark,.I began towonder if there was something rotten in the garbage fund, and I had to know. I have spent several days making a brief examination.of city records for the past several years and I believe the fund has.been the victim of gross errors in judgement. .. I had a compelling reason for wanting to know.. When I left Office in May of 1967, the Garbage Fund had a cash balance of $52,000. At that time, the rate was $12.00 per - unit, and the City was maintaining its own refuse disposal area. -Six years later, May 1973,.the balancewasdown to-$5500 and the city has not had to maintain the refuse area since 1971. City residents were now being charged $18.00 per unit plus $15.00 to the county refuse district and would be expected to pay $24.00 in 1974 to the city for a total of $39.00 per unit. The cost had more than tripled in 6 years time. We all realize that in this time, the ecology issue had bannedburning of -paper refuse, and inflation had been on.a runaway course, and the city had grownin area. But what are the ex- penditures that have put this fund in the position of near insolvency in spite of these increases? In the period 1964 to 1967, the city was considering thepurchaseof a refuse disposal area as the one in use at that time was nearly worked to the limit, and forthatreason the council justifiedaccumulating the large surplus that we had. But bear in mind, this was accomplished with only a $12.00 charge. However. no land purchase was made and since that timewe are all aware of what has been done in the way of a county wide disposal area. In those days when budget time came around, various costs were assigned to different funds that seemed to be in a position to handle them -and not necessarily with respect to the service thatwasbeing had by those funds. For instance, I am referring to charges for operation of the City Shop area and the Engineers office, and.I am -sure even then the Garbage Fund was carrying more than its share of these expenses, butit was no problem as we -were operating the Garbage Removal Service so economically. The situation has changed however and we have to raise these questions., Can we justify chargingthe Garbage Fund with $10,500 as Itsshareof theShopcosts which equals more than 20%. of the Shop costs, when the Garbage Vehicles represent only about 4% of the total vehicles -in use. .Why should the department be paying $4600 toward the Engineering Department.as compared to only $2.500 by the Water Department. $3,700 by the Sewer Fund, and $5,000 from Street Funds. What reasoning was used in charging - this fund with $11,250._1/3 of the costofthe addition to City Shop buildings, again considering that the Garbage vehicles represent only about 4% of the total. In 1964/65, the Garbage Fund purchased and -paid for in full a new Caterpillar 955 Traxcavator at a cost of $14,464 plus tradein, which vehicle represented a total cost of well over $20,000. This was used at the City refuse area until it was closed, then taken to the street department where it is in constant use In street excavating. This vehicle was likely worth $10,000 when the street department took it over, yet whenrepairswere made to the vehicle it appears the Garbage fund paid $1235 in 1971 and $2298 in 1973. Why did the Garbage Fund pay $5500 toward the purchase of the Wayne Sanivac Machine, which apparently has no application to the garbage operation. With the street department having taken over the Traxcavator assumed to beworth $10 000, why then did the Garbage Fund pay for a dump truck in July 1972 in the amount of $6787. The department uses dump trucks only briefly each year for alley cleanup. But it seems the Street Depart ment got a bargain,if they had paid for the dump truck and got the Traxcavator at no cost. The fund is apparently being asked to pay $4800 in Administration costs to the General Fund this year. The Dog Catcher Account: This is an area of cost that I will have to accept my share of responsibility. In 1966/67, we were determined that something had to be done about the deplorable manner In which people were handling their refuse. At that time we were using a part time dog catcher paidoutof the General Fund, but the cost was minimal, and we were plagued with dog problems also. At budget time, we concluded that we would try something different. On a trial basis, we would hire a man full time to inspect the Garbage can situation, by going house to house through the alleys, covering the entire city, issuing warnings to people whose cans were in violation, etc. and in the process, he _ would be serving as dog catcher, and would probably catch a goodly number of dogs 1 1 L 11 while making these inspections. It was intended his job would be FIRST in the garbage department, secondly he was to be DOG CATCHER. It seems this has not been done, as apparently this has become a 95% Dog Catcher job. At that time, Mayor Bjorneby and Councilman Happ were members of the council and should recall what was projected. This situation seems to have gotten entirely out of hand from what was intended, this cost has risen from $5844 in 69/70 and will exceed $10,000 in 73/74. I think the taxpayers of Kalispell should be told it is costing them $10.000 a year to try to control the dog population. I think the man we have is doing an excellent job, but are we justified in spending this much to accomplish what we are. What little income there is from dog licenses and fines is going into the General Fund, and the cost to the Garbage fund is getting out of sight. If this is to continue, we should drastically increase all dog licenses and impoundment fines and fees, and consider going to only a part time dog catcher. An examination of monthly wages paid reveals there is apparently a considerable degree of carelessness in designating to what fund wages are to be charged.. As an example, operating two garbage trucks involves the time of 6 men. Yet in August of 1973, 13 people drew all or part of their wages from garbage funds, for a total of $7761, equivalent to 10 full time men. In September 14 people drew $6915 equivalent of 9 full time men. In November, 17 people drew $7522, equivalent of 10 men. On the other hand, in June of 73, $870 of wages paid to 2 men was charged to the department, and the balance charged to other depart- ments, very likely in error. When properly allocated, the cost of 6 men amounts to about $4500 per month. DO YOU REALLY HAVE A PROBLEM IN THE GARBAGE FUND OR DO YOU HAVE A SURPLUS OF $48.000 Before you question my sanity, let me explain. In the 6 years that I was Mayor. we were always told that the City Special Assessments were collected AFTER they were spent. We always regarded the City Specials as being for the Calendar Year. In this case, you have just collected the City Specials for 1973, and that is the way they appear on the tax statement of each property owner, as being for the year 1973. George and I have discussed this and he was of the opinion that he had read a section in the Montana Codes that lead him to believe that they were assessed for the fiscal year, but we could not find that section. However it is reasonable that they are for the Calendar Year, as actually though you set your mill levy for your fiscal year in August and you spend that money on a fiscal year basis, this mill levy becomes the tax rate for the calendar year when applied to individuals. CITY SPECIALS ARE ALL DUE ON NOVEMBER 30Th, which further bears out that they are for the Calendar year. Paul Knapp, being in real estate can bear me out on this, that taxes are assessed for the calendar year. So if you can agree on this, the $48,000 you had on hand Dec. 31 is a surplus, as you are now spending the funds which you seek to levy by Resolution 2938 for the year 1974." Mr. Flynn distributed color prints of garbage cans and dogs, which he reported were taken within a block from city hall. The pictures showed garbage strewn around the area of the garbage cans which had no lids. Mr. Flynn said the one picture, showing a rack of 7 garbage cans without lids, was a location that had been in violation during his administration and action had to be taken to get them to comply and obtain lids for the cans. Mr. Flynn said that 3 men riding to and from the disposal site resulted in the loss of eight man hours daily and that after returning from the disposal site In the late afternoon, it was too late to continue collection and estimated that another 2 man hours were lost on this account. making a total of 10 man hours lost each day or $50.00 per day or more - $12,000.00 per year.. He stated that garbage collection made up approximately 60 to 707. of garbage costs with the remainder being the cost of operation of the dump site. He said that since the County Disposal Site hauls garbage from all other areas of the county, the disposal site should pay the cost of hauling from the city limits of Kalispell; Columbia Falls; and Whitefish or there should be one fee for those within the city and another for those outside the cities. 12 City Engineer Lauder in reply to request from Councilman Miron, said that the garbage business is picking up and that -he could not answer for expenses that occurred before he took over. He reported that he is attempting to convert the dog catcher to more of a garbage Inspector. Mr. Francis O'Boyle asked if there have been any complaints about holes being punched in the bottoms of garbage cans. City Engineer reported that ,this had been reported and has been remedied. Mr. O'Boyle said the city should consider contracting for garbage and street work. Mr. Robert Putnam reported that he had signed the petition to have the assessment_ for vacant lots rescinded. It is unfair to assess a garbage charge to vacant lots. Mayor Bjorneby referred the petition to the Garbage Committee for consideration and recommendation. ' OPEN BIDS (Liability Insurance) Tri-Co Insurance Agency Offices Located in KALISPELL 99 NorW Main 756-2151 "Your Protection Is Our Prefeerlon" JAMES McKNIGHT MAX MOLLER HOLLY EASTLUND RENT LEWIS Fei:. 13, i914 pity Clerk City of Kali.snell Kalispell, PIontana ;object: Comrrehensive Public Liability Bid. !vs -?r ,,our schedule of exposures submitted with ynur —a1.1 ^cr Bids", we provide you -with the following: " 9,1,91.00 - Annual Premium. Tni.s includes Cnntr?Ctual covers^e and 'rl!nderground" •ith no deductible. Provided 'e-liability limits ror ;1,000,.0CC covers ne ti-on: It is almost imperative that compani-s be ^r,:rided more time to compite these rids - 2 weeks is too short, a time, lids shmild be out at least 30 days in advance. ''e reel th^t by doing this you could nhtai.n a much better bid rrnm and- ^m- pany. I contacted three -other companies that would nrel furnish us With a hid, end Ifm certain tYztt if .oe had hesn rr^videi9 30 rl�ys that their anniial reminm would have teen consi 9er +Fl Sincerely, c � J. T,r,y. J M/mm KALIf73=.L ''I'N'''_ )NA WHPPEFISH RAY KASPER 862-2836 INSURANCE — REAL ESTATE CHIT L. ELLINGSON, MO.. P.o Nt 756-7146 February 18, 19T4 City Council City of Kalispell Kalispell, Montana 59901 Re: Comprehensive General Liability Policy. Dear Council Members: Box 858 45 SECOND STREET f.sT BALISPELL, MONTANA 59901 Wd-gre pleased to quote as you called for in your bid offering the liability coverage and physical damage coverage as required for the sum total of $9,863.00. The additional premium to cover the underground exposure would be $444.00. Respectfully Submitted, C. L. Ellingson CLE/mr 32 Second St. West — Phone 756-4397 — Kalispell, Montana February 18, 1974 To: City Council City of Kalispell Kalispell, Mont. Re: Bid - Comprehensive Public Liability Insurance Conrad Casualty Company and Safeco Insurance Company are pleased to submit the following bid for the annual period of March 1, 1974 to March 1, 1975. As per your specifications: r 14 Liability, Scheduled Physical Damage and Limited Form Municipality E 6 0 It 7,738.00 If Alternate Bid - Adding Underground Add'l. 216.00 NOTE: We recommend the following additional coverages be considered: A. Explosion and Collapse, in addition to underground 555.00 B. Uninsured Motorist Protection 135.00 C. Broad Form Property Damage 1. With underground, explosion, collapse 99.00 2. Without underground, explosion, collapse 6o.o0 D. Broad Form Municipality E & 0 222.00 A. E. McGlenn C. H. Underwood pv National Farmers Union UProperty and Casualty Company P.O. Box 2261, Denver, Colorado 80201 PREPARED FOR: City of Kalispell Quote #24-307 AGENT: DATE: TIME: POLICY TERM: Howard Grainger (24-480) February 14, 1974 15 L-521 THE RATES C i a ARE VALID 60 D;;,,TQ FRGi.!! PGLiCY ISSU; ; .'.� IS S r COMPLETED APBP'-!CP.T' NS WRITING INI•0R.!A1 i0VN. QUOTE LIMITS OF LIABILITY SECTION I - GENERAL LIABILITY Bodily Injury: Single Limit $1,000,000. Property Damage: Medical Payments: SECTION 2 - AUTOMOBILE Bodily Injury: Single Limit Property Damage $1,000,000. Uninsured Motorist: $10.000./ $20,000, Medical Payments: Comprehensive: Fire, Theft and Combined Additional Coverage: ACV; Stated Amount Collision: $250 Deductible; $1,000 Deductible OTHER COVERAGES SECTION 3 - SECTION 4 - SECTION 5 - PL-521A SECTION 1 PREMIUM (GENERAL LIABILITY) Without U�deriround ove age Bodily Injury $ 8581.00 Property Damage/ $ Completed Operations/Products $ Owners and Contractors Protective $ 27.00 Contractual $ 12.00 SECTION 2 PREMIUM (AUTOMOBILE) Bodily Injury:. Property Damage.. Uninsured Motorist: Comprehensive: Medical Payments: Fire, Theft and Combined Additional Coverage: Collision: SUMMARY $ 2938.00 $ $ 183.00 $ $ 322.00 $ 1296.00 TOTAL OF QUOTE BY SECTIONS Without Underground Coverage SECTION. 1 $8620.00 2 $4739.00 3 $ 4 $ 5 $ TOTAL QUOTE PREMIUM $ 13,359.00 With Under- ground Coveragge ($50 ded. PD) $10,449.00 27.00 1 12.00 I � With Underground Cover, de $10,488.00 4,739.00 15,227.00 17 Councilman Miron moved the bids be referred to the finance committee with power to act. Seconded by Councilman Thomas. Carried. EMERGENCY BUDGET Parks Councilman Knapp moved adoption of Resolution #2943 A Resolution declaring that an emergency exists and that it is necessary to make expenditures in excess of the amount provided by the 1973-1974 General Fund Budget for Parks. Seconded by Councilman Daley, Roll Call Vote. All voted aye. COMMITTEE REPORT Safety - - Councilman Thomas informed the Mayor and Council of receipt of the Attorney General's Opinion, which states that first class cities cannot use volunteer I fire personnel. Councilman Thomas moved adoption of the Firearms Policy. Seconded by Councilman Sampson. Carried. F I R E.A R M S I FIREARMS POLICY The Policy of this department is that members shall exhaust every other reasonable means of defending himself and making an apprehension before resorting to the use of firearms. II FIREARMS REGULATIONS A. An officer shall not discharge firearms in the performance of his Police duties except under one or more of the following circumstances and after all other means have failed: 1. In the necessary defense from death or serious injury to another person being attacked. 2. Whenever it is necessary to defend himself from death or serious injury when attacked. 3. To effect the arrest, to prevent the escape, or to recapture an escapee when other means have failed, of a felony suspect when: a. The crime for which the arrest is sought involved the use or threatened use of deadly force, and b. There is a substantial risk that the person to be arrested or recap- tured will cause death or serious bodily harm if his apprehension is delayed. 4. To kill a dangerous animal or one that humanity requires its removal from further suffering and other disposition is impractical. 5. For target practice at an approved range. B. Firearms shall not be discharged under the following circumstances: 1. As a warning or to "wing" a fleeing person. 2. At a moving or fleeing vehicle unless the circumstances come within the provisions of Section II A (1) and (3) of this policy. III PROCEDURE WHEN FIREARM IS DISCILOGED A. Notification and report by Officer involved required: 1. Whenever an Officer discharges his firearm either accidentally or in the performance of Police duties, except at pistol range, he shall cause verbal notice to be given to the Officer in charge as soon as circumstances permit. 2. The Officer who discharged the weapon on duty shall file a written report of the incident through channels and a copy to the Officer in charge before the conclusion of his tour of duty. 3• If the Officer who discharged his weapon is hospitalized and incapable of filing the report or fatally injured, the Officer in charge is responsible for filing as complete a report as possible prndiFig further investigation. WEw B. Investigation by Supervising Officer 1. Eacb discharge of a,firearm involving a Police Officer shall be inves- tigated -by the Officer in charge when notified that the discharge of fire- arm has taken place. ,2. After conducting a thorough investigation of the circumstances attending the discharge of firearms, the Officer in charge shall file a.detailed written report of the results of the investigation through channels to the Chief of Police. The report shall contain the observations and con- clusions of the Officer in charge as to whether the discharge by an of- ficer was justified and in accordance with this,policy. IV. BOARD OF REVIEW ESTABLISHED A. Membership of Board 1. There is established a Board of Review consisting of the commanding Of- ficers of the Patrol Division, who shall serve as chairman, one super- visory Officer, and any others who may be disignated by the Chief of Police. B. Meetings of the Board 1. Meetings shall be called by the chairman and should be within a reason- able time after any report of a firearms discharge is received: C. Authority of Board 1. The board shall review circumstances attending each discharge of fire- arms by members of this department and to recommend to the Chief of Police disciplinary action. 2. The board shall make and/or receive recommendations concerning firearml policy and firearms training. D I S C I P L I N E I. An Officer would be subject to discipline if his shooting involves. any of the fol- lowing: 1` A. Violation of,laws by him. B. Violation of Department regulations. C. Poor judgment involving wanton disregard of public safety. D. Misconduct (including drinking, unjustified display of authority, disregard of duty, use of official authority for personal advantage) E. Accidental discharge of gun through carelessness. II. If any of the elements mentioned above are found to be involved disciplinary action may be taken. The discipline, up to dismissal from the force, may commensurate with the seriousness of the situation. III. For each case considered by the Board of Review recommendations will be made to Chief of Police. The ultimate decision as to the penalty will rest with the Chie of Police. IV. In addition to any action taken, the investigative findings will be turned over to the City Attorney or County Attorney for appropriate action if the shooting involved a violation of law by the Officer. -2. 19 V. When facts become available clearly indicating that the Officer is guilty of miscon- duct, negligence, carelessness or dereliction of duty, he shall be immediately sus- pended pending further complete and thorough investigation and adjudication of the case. VI. When the facts immediately available either do not clearly support charges of negli- gence or misconduct or do indicate that the Officer was acting within the scope of his authority and according to Department policy, the Officer shall no then be sus- pended even though the case is to be officially investigated. RANGE QUALIFYING - SCORE A. Minimum qualifying score at the HPD Pistol Range shall be 200. without handicap. B. Any Officer shooting under 200 shall be required to shoot at least once each week, or until able to qualify. C. Minimum qualifying score at the Police Pistol Range for the PPC Course is 175. The same procedure to qualify apply as above. II. QUALIFYING - WEAPON 'A. All Officers must qualify with the weapon they carry on duty. III. QUALIFYING - EXCEPTIONS A. Shooting shall be optional for a Command Officer with the rank of Captain or above. IV. I. Officers with 20 years service shall be excused if they have maintained.an aver- age, without handicap, of 225 or better. C. Excused for cases of injury or physical defects by authority of the Chief of Police or the Patrol Captain. D. All Officers under the rank of Captain are required to shoot at least once each month. E. Officers on vacation are not required to shoot during that period. ONLY AN APPROVED RANGE MAY BE USED FOR PRACTICE. TYPE OF WEAPONS Officers of this Department will equip themselves with revolvers of Suitable caliber, as listed below: A. Colt .38 Special Revolver or .357. 4" or 5" barrel and must be operable both single and double action. -3- B. S & W .38 Special Revolver or .357. 4" or 5" barrel and must be operable both single and double action. A. All weapons will be inspected and approved by the Range Officer and must be oiler - able both single and double action for function and condition. The serial number shall be kept by the Chief of Police. B. Officers assigned to plain clothes duty may carry such revolvers as approved by their Commanding Officer. C. A weapon not approved, may not be carried by an Officer on duty. III. Officers will be given training in any special firearms keptby the Department for special use, (rifles, shotguns, gas guns etc.) 2.01. Ammunition carried by Officers on duty in Service Revolver shall be of commercial manufacture, not reloads. II. Reloads may be carried separately and used for dispatching of animals or for practice. III. The Department will furnish reloaded ammunition, the Officer furnishes commercial loads. RECRUIT TRAINING I. All Officers appointed as Probationary Patrolmen will be required to become familiar in the use of all weapons used by this Department, particularly with the gun they carry. This is the gun they must qualify with. The minimum shooting proficiency of n will be established before qualifying for a permanent position. R E G U L A T I O N S I. An Officer must always check out with the Dispatcher when he desires to practice on the Police Range. Also, he must check in immediately after finishing. II. It is the judgment of the Shift commander if one or more Officers at the same time will be allowed at the Range from his shift. III. After an Officer has fired his score for qualifying on any course he will immediately submit his target to the Range Officer for scoring purposes. IV. Such scores as determined by the Range Officer will then be entered in the individuals record sheet. RANGE OFFICER I. DUTIES A. The Chief Range Officer shall be in charge of the Police range and all its facilities. B. He shall be in 'command with full authority at the Range, subject to orders from the Patrol Captain. C. During the absence of the Chief Range Officer, only an officer named by the Chief of Police ae.acting CHO shall be in charge. D. The Range Officer shall have general supervision over all firearms and gas equip- ment belonging to the Department - their care, cleaning, upkeep and improvement. E. He shall provide advanced training for all recruits and members of the Department whenever such training is deemed necessary by the Chief of Police. F. The Range Officer shall give first priority for Range use to Officers on duty, relative to shooting first and aiding in getting these Officers back in service' as soon as possible. G. He shall instruct all members of the Department in the use of their sidearms H. He shall enforce all orders and regulations governing the use and operation of the Range and report violations to the Chief of Police. I, lie shall post and maintain scores of all Officers shooting weekly scores J. He shall prepare inventory and budget data as directed. K. He shall inspect and approve all Ranges used for practice. II. i"ORT 21 it rw AA. Be shall once each month post a list of Officers to the Patrol Office who Lave not shot during the month, and a list of those who have not qualified within a 3-month period. B. At the end of each calendar year, he shall have all score cards tabulated and averaged for the twelve-month period. The average scores shall be published and a list forwarded to the Patrol Office. -5- GMVEL PIT BOUNDARY Councilman Schwartz reported the committee has met with the Golf Course Association representatives and have agreed on a boundary for the gravel pit without the necessity of a soil test. The boundary of the pit would eliminate the 17th tee box and the 16th green. Councilman Schwartz moved the council accept the boundaries of the gravel pit as shown on the map. Seconded by Councilman Miron. Carried. (See following page for map) 22 191 ;\ l2941.0 Lawrence !ter Park 29420 'Green 2996.. J T e Q Pole een Gree� % 29370 is / x �( �\,\ x2938.0 2936.0 r 29555 �^+ •29331 �� 3v'72.5 T \ Green x r \ �, rX \B \ \ l Tee ` :rf070.5 / Th0 C — 3071.5 507.0.1 2938.5 5.�� ��3067.5\ rein 1 \ \\ 3072.5 931 � 'Green \ �{ y 'Too _ �y Tee x� Tee " 'Ill 1 \ \teen r •� To • :G25i�- = � — ' - 1 � 1,112935.5� � � 1 j � 1 5006 � \ I Pit IN vvran. EMPLOYMENT ' 2-3- 1 Wage Requests - Councilman Daley requested that the council as a wage committee of the whole most next Monday, February 25th in the council chambers at 7:30 P.M. with jepresentAtives of Police, Fire, and Local 256 to meet with the committee at 8.00 P, M. Councilman Daley asked the Police; Fire; and Local 256 to present their wage requests. American Federation of STATE, COON LOCAL UNION _,,� d 6D� M, LT N. T NCI O Mayor Bjorneby Kalispell City Council Gentlemen: MUNICIPAL Employees 0nt• Garry L Overn ADDRESS: Box 721 (STREET) Kalispell, Montana (CITY. TUNE AND STATE1 DATE: February 15, 19'14___ r The members of Local 256 request a 20% across the board increase based on the average wage. This request is based upon the Consumer Price Index as determined.by the Departiaent of Labor, Bureau of Labor Statistics. Last year the index rose to 8.8% after we had settled for 5.5`o. This is more than doubled that of the previous two years combined. While prices in many areas have continued to rise our wages for the past two years have remained frozen at 5.5%. So far this year the Index has continued to rise at an alarming rate and all future predictions in- dicate sharp increases. This year decontrol of Phase IV wage -price controls will occur making it ine,ccusable for holding our wages down. Therefore, a 20010 increase is a fair and reasonable request. ' Respoctfully, Garryl/L overn The Union jar Public Employees "05- 24 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Local No. 547 KALISPELL, MONTANA �` February 189 1974 Honorable Mayor Members of Council City of Kalispell proposed Pay Increase for Kalispell Fire Department. We, the members of Local 5479international Association of Fire Fighters, respect- fully submit the following proposal for wage increases for the year 1974. A thirteen per cent (13%) salayy increase based upon base wage, longevity., and rank. This thirteen per cent figure is a proposed figure with the stipulation that it can be adjusted upward dependent upon the cost of living as od July 1st 1974. Respectfully submitted, Members of Local 547 C- February 18, 1974 Mayor Laurence G. Bjorneby Employment Committee Members. Kalispell, Montana Gentlemen Respectfully submitted, for your consideration and approval, by members of the Kalispell Police Department, are the attached wage increase requests for the fiscal year 1974 and 1975. This will further advise you that the Police Wage Committee will, also, be negotiating for the Kalispell Police dispatchers and the parking meter employees, at their request. Sincerely, Bob Sevier, Chairman Phil Fisher Ron Young Dave Brewer RLS/pr L_ REQUESTS 1. A cost of living increase to be figured on base salary, increment, holiday pay and rank (where applicable) for all police and meter department employees. 2. An additional 2.7% to be added to the precentage figures of item #1 which reflects a loss incurred for the fiscal year 1973-74. 3. A subsistence allowance of three dollars ($3.00) per shift, to apply to: a. 4:00 P.M. - 12:00 midnight desk dispatcher b. Midnight - 8:00 A.M. desk dispatcher c. Swing shift dispatcher d. All officers working 10:00 P.M. - 6:00 A.M. shift 4. A clothing allowance increase of $105.00 for police dispat- chers, and the meter maid. (see attachment) 5. A base increase of $50.00 for police dispatchers, meter maid and parking meter superintendent. UNIFORM COSTS. FOR WOMEN Winter Uniform - serge One jacket and one skirt $49.50 (3 yds. ® $16.50 per yd.) Dressmaker costs 2-.00 674.50 74.50 One blouse ® $7.00 7.00 7.00 One pair shoes ® 20.00 20.00 20.00 One tie ® 1.50 1.00 1.50 One hat ® 6.95 6.95 6.95 Total 109.95 Sumner Uniform - polyester One jacket and one skirt (3 yds. ® $ 3.50 per yd.) 10.50 Dressmaker costs 20.00 30.50 30.50 One blouse © 7.00 7.00 One tie ® 1.50 1.50 One pair shoes n/c One hat n c Total 39.00 6 SEWER & WATER - - RESOLUTION NO. 2944 Sewer SID - Councilman Miron moved adoption of Resolution #2944 A resolution of Intention To Create SID #320 for the purpose of installation of sewer collection lines at an estimated cost of $126,000.00 ($120,000.00 plus administrative cost of $6,000.00 to pay for annual cost of processing assessments for the SID period) to be assessed on a square foot basis and such assessments to be paid in annual installments over a 20 year period. Seconded by Councilman Schwartz. Roll Call Vote. All voted aye. Authorize call for bid - utility van for sewer dept. Councilman Miron moved authorization to call for bids for a 1974 Utility Van for the ' Sewer Dept. Seconded by Councilman Daley. Motion carried. Sewer Charge - High Volumn water users Councilman Miron reported the committee has reviewed the question of sewer charges for high volume water users and recommends the rate be reduced to 507. of the water charge on volumn water usage of over 600,000 gallons in a bi-monthly period. ORDINANCE No. 821 Councilman Miron moved adoption of Ord #821 An Ordinance amending Section 1 of Ordinance #817 setting the sewer rate at 80% of the adjusted water bill on consumption through 600.000 gallons in a bi-monthly and at 507 of the adjusted water bill on the consumption In excess of 600,000 gallons in a bi-monthly period. Seconded by Councilman Schwartz. Roll call vote. All voted aye. MISCELLANEOUS BUSINESS Mr. Buck Torstensen; representing Hennessy's, Outlaw Inn & Convention Center; told the Mayor and Council of the need to obtain a building permit to continue with construction of the Outlaw Inn complex and that they have been unable to obtain a variance from the Board of Adjustment from the 25 foot setback zoning regulation. Councilman Thomas moved the council recommend to the Board of Adjustment that the Board grant a variance from the 25 foot setback regulation to the Outlaw Inn and that the board be directed to take the action to grant the variance on February 19, 1974. Seconded by Councilman Sliter. Carried. ' Mr. Bill Price, executive director of the Chamber of Commerce, supported the need for a variance saying that 2 conventions have been lost because of the construction delay which represents a loss to the community of $40,000.00. Councilman Schwartz moved that the authorization to spend up to $4,000.00 for drilling test holes for Golf Course Gravel Pit be rescinded. Seconded by Councilman Happ. Carried. Planning Board Replacement Mayor Bjorneby presented the following names from which the council would vote to choose a replacement for city representative on the planning board. Mary J. Bergman Fran Leininger Joan Jellison Norma Corbitt At the conclusion of the vote tally, Fran Leininger was selected to be the representative. Mayor Bjorneby appointed Fran Leininger as city citizen representative on the City - County Planning Board and asked the Council's consent. Councilman Miron moved council consent to the appointment of Fran Leininger as city citizen representative on the City - County Planning Board. Seconded by Councilman Thomas. Carried. License & Permit Bonds - W. C. Richards & Laurence A. Richards dba Richards Sheet Metal Inc. continuation certificate - oil burner installing 27 Byron G. Hoylman & Earl A. Mills dba General Sheet Metal - continuation certificate - gas installer 4 G. Plumbing & Heating - bond plumber 4 G. Plumbing & Heating - bond - gas installer Slams Plumbing & Heating - continuation certificate - Plumber Eugene R. Thomas dba Thomas Electric -_bond - electrician Charles W. Ward - continuation Certificate - electrician Ibsen Plumbing and Heating - Continuation Certificate - plumber Ibsen Plumbing and Heating - Continuation Certificate -gas installer M & M Electric - Continuation Certificate - Electrical Construction Whitefish Plumbing and Heating - Bond - Plumber Miller Ford Electric - Continuation Certificate - electrician Councilman Sliter moved acceptance of the License and Permit bonds and continuation certificates. Seconded by Councilman Happ. Carried. There being no further business. Mayor Bjorneby adjourned the meeting. Minutes approved as written, March 4, 1974.