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05/20/74 City Council Minutes83 1 1 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA WAS HELD MAY 20, 1974 IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P.M. MAYOR BJORNEBY PRESIDED. ALL COUNCILMEN PRESENT. APPROVE MINUTES Councilman Miron moved approval of the minutes of the May 6, 1974 meeting as presented to Mayor Bjorneby and Councilmen. Seconded by Councilman Rapp. Carried. CITY OFFICIAL REPORTS City Clerk and City Treasurer for March 1974. Police Chief, Police Judge, City Sanitarian, and City Engineer for April, 1974. Councilman Miron moved acceptance of the City Officials Reports as presented. Seconded by Councilman Happ. Carried. KALISPELL - STORM SEWERS Councilman Miron introduced Mr. Wayne Dean of Thomas, Dean & Hoskins Engineering Firm. Mr. Dean asked Mr. Daniels to review the storm sewer proposal. Mr.. Daniels reviewed the following proposal for Mayor Bjorneby and Councilmen: Kalispell - Storm Sewers I. Scope of storm sewer plan: May 20, 1974 All areas not presently served by storm sewers that are within the City limits would be served by the proposed plan. The location of trunk lines and extent of use of laterals would be determined during design stages. II. Advantages of having storm sewers: 1. Areas now experiencing frequent flooding or backup of sanitary sewer lines would no longer be subject to this. 2. Cost of processing storm water at the sewage treatment plant would be eliminated. 3. Overflows and passage of combined storm -sanitary sewage into Ashley Creek would be eliminated, thus eliminating a major pollution factor. 4. Many streets experiencing breakup due to saturated subgrades could be stabilised, thus saving on wear on automobiles and reducing street maintenance. 5. Property values should show an increase in those areas where concentrated storm water now has created problems. III. Cost of storm sewer system: $1,300,000.00 to $2,000,000.00 depending on amount of laterals, etc. and Inflation, etc., estimated. Cost if entirely financed by revenue bonds at 6% over twenty years: Annual payment: At 1,300,000 payment - $113,-200.00 At 1,800.000;;payment - $157,000.00 $113.200.00 would require a 60% + increase. $157,000.00 would require a 90% + increase. The 60% and 90% increases provide the lke : 1 earning ratio that is necessary to make the bonds marketable. How much will a 60% increase raise a typical water and sewer bill? A typical two month bill would now be about $25.24 ± for water and sewer. 84 A 60% increase in the sewer rate would increase the bill above to $19.46. A 90% increase would make the bill $22.04. Note that this is a combined water and sewer bill for two months. A 20% increase will generate about $50,000.00 per year therefore it will pay for about 32% of the proposed improvements, at $1,800,000.00 and 44% of the pro- posed improvements at $1,300,000.00. (This would not provide a 1 1 earning factor however) If this method were used (20%), say 45% funding by the sewer revenue method, a total of 45% of $1,460,000.00 could be financed by a $2.00 increase, flat per month, in the charges to present water and sewer users. (4,762 users at twelve months per year at $1.00 - $57,144) The remainder, $803,000.00 could be financed by S.I.D.'s area wide or by an additional increase in the sewer rates or a combination thereof. If a combination is used, the rate that would be paid by S.I.D. and that to be paid by sewer revenue bonds would have to be determined considering the following factors: How much of an increase will the people accept on sewer rates? Note: Sewer rates may be revised by the City Council and are not limited or subject to review by The Public Service Commission. The revisions are, however, subject to comment by the people so it must be assumed that the Council will require substantial just- ification from an impartial point of view before they will authorize an increase in rates. How much are the owners willing or able to accept as S.I.D. obligations? How much does the system help the entire sanitary sewer system? (By reducing processing costs, extending the life of equipment, etc.) How much does the proposed Improvement increase individual property values vithin the immediate storm drainage areas? . How will the revised sewer rates compare with typical rates else- where? Are the proposed bonds saleable and at what interest rate? What are the actual possibilities of successfully creating an S.I.D.? (Substantial work and expense will be required just to get an S.I.D. to the protest stage, so this should be considered before beginning the necessary work) Information on possible S.I.D. area: Total number of lots within areas contributing to storm water into sanitary sewer system: (Downtown lots counted equal to residential lots due to difference In runoff characteristics) Now This estimate is subject to revision. Downtown - Center to 12th Street and from 2nd Alley East to 2nd Alley West - Thirty-six blocks at twenty-four lots per block - 36 blocks East side residential: Forty nine blocks at twelve lots per block West side, not in first study: Fourteen blocks at twelve lots per block West side, not in first study: Approximate total: 864 lots 588 lots 168 lots 830 lots 2,450 lots 1 1 u Costs per lot: $328.00 (if $803,000) is �l 1 Annual cost per lot let year: (At 6% over twenty years) 36.08 - $3.00 per month loth year: 26.24 - $2.19 per month 20th year: 16.40 - $1.40 per month Cost per lot: $468.00 (if $1,143,000) Annual cost per lot: tat year - 51.40 or $4.28 per month Loth year - 37.40 or $3.12 per month 20th year - 23.40 or $1.95 per month What are the possibilities of getting funding from other sources? Some other sources are: Federal revenue sharing money. This money could justifiably be spent on atom sewers. Some of the money has been programmed for other projects at present. The funding to available at present only thru 1976. State gas tax money. Money cannot be spent before it is received since the amount varies. It could be used for this type of project and programmed for expenditure in the future years. ($35,000 per year *) Urban development funds. Funding of storm sewers is compatible with guide lines for expenditure of these funds. Approximately $382,000 now available if City and Canty most other requirements for obtaining the funds. IV. How do we proceed from here and what is the estimated time schedule to complete construction? Time Schedule, estimated: 1. Public reaction to proposed plan, acceptance, and indication of suitable finance plan. - one month. 2. Council moves to proceed. (If S.I.D., then moves on intention to create S.I.D. arms/or if totally sewer revenue bonds, then Council will move on intent to increase sewer rates) 3. Preparation of S.I.D. and/or controversy over sewer rate Increase - two to three months. 4. Council moves to create S.I.D., begins advertising, sends out notifications, etc., and protest period begins, and/or Council approves Increase in sewer rates. 5. Protest period (if>`S. I.D.) - three weeks. 6. S.I.D. is created, engineer can be authorised to proceed with survey and design. 7. Select engineer and complete contract - two weeks to one month. 8. Engineer begins survey and collection of field data - one month. 9. Sewer design and completion of survey runs concurrently — three months. 10. Submittal of plans to City for final review - two weeks. 11. Final corrections - two weeks to one month. 12. Plans and specifications ready for bid advertisement. 13. Advertise for bids - three weeks. 14. Open bids. 15. Take bids under advisement and sell bonds - two weeks to six weeks. 86 16. Award Contract. 17. Order materials and mobilize - one month to two months. 18. Begin Contraction. 19. Under construction - six months to one year. 20. Project completed. Mr. Dean reported that he had met with the Sewer & Water Committee of the .City Council at noon today. The next step to be considered is a more comprehensive study to get down to a defined program. The engineering study should show whether it will be best to proceed with a citywide storm sewer project or a project to be done on a stage step basis. Councilman Miron expressed appreciation to the Engineers and ask Mayor Bjornsby and Councilmen to review the information prepared by Mr. Daniels for consideration at the next.council meeting. FARMERS MARKET Mrs. Freebury reported that Farmers Market representatives had met with council- men to decide on the ordinance and although the ordinance as prepared is slightly different, asked that the ordinance be acted upon so that they can proceed with the farmers market in June. ORDINANCE NO. 823 Councilman Rapp moved adoption of Ordinance No. 823 An Ordinance to authorise -the establishment of a "Farmers Market" within the City. Seconded by Councilman Miron. Roll Call Vote. Councilman Schwartz voted no. .All other councilmen voted aye. Ordinance No. 823 enacted. PLANNED USE REPORT - Revenue Sharing - Following brief discussion, action on the planned use report was -deferred to future council meeting. ADDRESSING THE COUNCIL Mr. Martin Huggins, west side resident, informed Mayor Bjorneby and Councilmen that at 504 - 4th Avenue West - known as the Stanford taxidermy property - which has been a burned out structure for the past six years,.there is.a hazard to neighborhood children and children going to and from nearby Elrod School, and asked that the City take necessary action to remove this hazard.. City Attorney Donahue reported that this property is to be.given to the City in the very near future and will be used N rneei) by the fire department for training and the hazard will be removed - estimated this would be within a week to ten days. Mr. Huggins stated that he wished to go on record as having -brought to the attention of Mayor Bjorneby and the City Council this hazard, and recommended that every councilman should look at this place. City Councilman Miron said the City has for some years tried -to obtain permission to remove this building and has during the past few years eliminated many old and hazardous buildings in Kalispell. Mr. R. G. Walter, member City -County Gambling Commission, asked that he be permit- ted to speak when the city gambling regulations and fees .are presented for consider- ation. Mayor Bjorneby assured Mr. Walters that he would be welcome to speak upon this issue which will be.presented under Committee Reports. Mr. Joe Daley, attorney representing Lloyd and Gloria Amen, reported that the Amans were preparing to operate a soft drink and amusement establishment (pool tables, etc.) at #1 3rd. Avenue West and wished to obtain a reduction in the amount of off- street parking required by ordinance and that the council can grant a variance from the parking requirement by a 2/3 vote approval. Mr. Daley said that the ordinance Is repressive as far as the-Amans• business is concerned. This location is the old railroad express office and there is space available for about 12 cars for off- 9 1 AM street parking, which with the parking available on street, will be very adequate for this business. Mr. Daley asked that they be granted exception to the off-street parking requirement with the assurance that the present off-street parking spaces will be maintained. Councilman Rapp moved the exception be granted as requested and limited to the present proposed business operation. Seconded by Councilman Knapp. Carried. Councilman Miron reported to Mayor Bjorneby and Councilmen that Mr. Walter Bahr was present and represented the computer center at the Conrad National Bank and was here to answer questions regarding the increase in computer charges for the water and sewer billings. Councilman Miron, with the aid of the blackboard, outlined for Mayor Bjorneby and Councilmen the present rates - proposed rate - and reported that the committee had met with Mr. Bahr at noon and the committee recommends acceptance and approval of the new contract with the computer center. Mr. Bahr reviewed for the mayor and councilmen some of the increased costs that have been incurred by the computer center over the past several years which made the increase necessary. Councilman Slater reported to Mayor Bjorneby and Council that the normal computer charge is IOC per transaction and that with the raise in rate the city will be pay- ing AC per transaction. Councilman Miron moved that Mayor Bjorneby be authorized to sign the contract with the Conrad Bank Computer Center for a one year period beginning July 1, 1974. Seconded by Councilman Daley. Carried. URBAN DEVELOPMENT PROGRAM - Urban Designation - Streets & Roads Councilman Happ reported that it is necessary to adopt priorities in order to qualify for funding (Kalispell share will be $380,000.00) under this program and the committee recommends the acceptance of the priority list and maps prepared by the City Engineer. Councilman Happ moved acceptance of the maps and priority lists. Seconded by Council- man Miron. Carried. AUTHORIZE ATTENDANCE AND TRAVEL Councilman Miron reported the Sewer and Water Committee recommends the City Clerk be authorized to attend the 'Records and Information Management Seminar, June 13th and 14th at California Polytechnic University, Pamona, California and that the cost be paid out of Clerk and Water Department budgets. Councilman Miron moved City Clerk Beardslee be authorized to attend the Seminar, June 13 and 14 in Pamona, California and that air travel and per diem be authorized. Seconded by Councilman Schwartz. Carried. (Councilman Thomas voted no) Councilman Miron reported the Sewer and Water Committee recommends Brian Orndorff be authorized to attend the Waste Water School at Jackson Hole, Wyoming, May 22, 23, and 24. Councilman Miron moved Brian Orndorff be authorized to attend the Waste Water School and the per diem and travel by private transportation be authorized. Seconded by Councilman Schwartz. Carried. (Councilmen Knapp, Daley and Thomas voted no) COMMITTEE REPORTS Sewer & Water - Bid Award - Councilman Miron reported the committee with power to act awarded the bid for materials for the storm drain project to Glacier Concrete & Metal Pipe Co. Water Distribution System - Councilman Miron asked the following letters be entered in the minutes: I.o ow Q� THOMAS, /DEAN a HOSKINS, INC. C Ondu[f[nS Cdi�tR e¢16 9235omh Main Street Kalispell, Montane 59901 T. H. Thomas. President Ph. 756.2518 - Area Code 405 Weyne W.0san, Secretary -Treasurer OFFICES IN GREAT FALLS, BOZEMAN AND KALISPELL " - - 1200 Twenty -Fifth Street South Greet Fells, Montana 59405 Ph. 7613010 - Area Code 409 May 20, 1974 Mr. Al Miron,-Councilman - Kalispell City Council C/O Veterans Affairs Division Ford Building Kalispell, Montana 59901 Dear Al, Re: Kalispell Water Distri- bution System -"Schedules it II & III We are providing the following report to update the status of the subject projects. Schedule I Minor work remains to be done on installation of a gear on a valve operator: Completion of this item has been delayed due to non -arrival of parts. Schedules II & III Since the last report, 3680 L.F. of line has been successfully pressure tested. Approximately 1920 L.F. of line remains to be done. Two connections to the existing water system have been made leaving six connections to the existing system and about twenty-five service connections to be done. The contractor has also been working on clean up. Paving -operations are tentatively scheduled for this week, weather permitting. Very truly yours, THOMAS, DEAN & HOSKINS, INC. By: Dough E. Daniels cc: Mr. Max Lauder - Kalispell ENGINEERING STUDIES - DESIGN - SURVEYS 1 1 May 10, 1974 1 1 Mr. Max Lauder Kalispell City Engineer City Hall Kalispell, Montana. 59901 Re: Kalispell Water Distri- bution System - Schedules II & III Dear Max, A pressure test was conducted on May 6 from Station 80446 to Station 107+87 on the subject project. The test was success- ful. A pressure test was conducted on May 7 from Station 49+97 to Station 54+58. This test was also successful. Complete detailed test information on all segments of the project will be forwarded to your offices at the completion of the project. DID/te j cc: MrVA1 Miron Mr. Bob Tynes Storm Sewer Meeting - Very truly yours, THOMAS, DEAN & HOSKINS, Ili. By: -Douglas E. Daniels Kalispell, Montana - Great Falls, Montana Councilman Miron reported a meeting is being held in the PP&L Service Center building tonight by Storm Sewer Concerned Citizens group. Councilman Sliter recommended that the City Wide Storm Sewer Project be approved and that financing be done through the issuance of Revenue Bonds rather than creating S.I.D.9s to do,the project. Councilman.Sliter pointed out that the cost per household Would be $3.40 per month. The storm sewer project to be given further consideration at the next council meeting. Street & Alley - Bid Award - Councilman Happ reported the committee with power to act awarded the bid for bituminous plant mix to Pack and Company, and American Asphalt Company, joint bidders. Airport - Councilman Knapp reminded Mayor Biorneby and Councilmen that he will be absent during the month of June. Gambling - Gambling Rules and Regulations - Councilman Daley reported that in formulating the proposed rules and regulations there has been a great deal of input by the legal counsel for the City and County, and by the committee. HE The committee proposes a Resolution on gambling be adopted, prescribing a general license of $240.00 per year to operate a gaming business with the additional license requirement for poker of $360.00 per year, per table and with the additional license requirement for panguinque of $180.00 per year per table. Dealers will be required to display their name and dealer license mober. RESOLUTION NO. 2968 Councilman Daley moved adoption of Resolution No. 2968`'A Resolution setting forth rules and regulations on gambling. Seconded by Councilman Miron. Mayor Bjorneby recognized Mr. Dick Walters who spoke in opposition to the proposed fees, saying that the liquor industry is now paying its fair share of the cost of law enforcement and that the City is receiving now from the industry from city license and from state shared fees, revenue sufficient to pay for approximately four patrolman. The stakes control the amount of gambling and the legislature put a limit of $100.00 and the bill the legislature passed was a non -revenue making bill. The high license fees will make gambling a monopoly for two or three big businesses and will force gambling to be carried on in homes and underground. A survey conducted in Kalispell showed that Flathead County voted in favor of open gambling and we should follow the vote of the people. There will be new gambling laws passed at the next legislature and the fees can be set when we are more sure of what gambling is going to be. Mayor Bjorneby asked Police Chief Waggoner for comments. Chief Waggener stated that he had never been in a friendly poker game and that he felt that the $100.00 limit set by the legislature would not be observed unless a law enforcement officer Is standing there watching the game. Councilman Mixon said he agreed with Mr. Walters that we are going to be forced Into big time gambling by the high fees and that gambling will be a good trade stimulator for the area. Councilman Schwartz said the fees from gambling and gambling revenue should be sufficient to ease the tax burden. Councilman Thomas felt we should go along with the other cities in the county and charge the same fees they are going to charge and that there will be changes regarding gambling at the next legislature. Question called - Roll Call Vote. Coumcilman Miron voted no. Councilmen Happ, Slater, Knapp, Daley, Sampson, Schwartz, Thomas voted aye. Resolution No�.2968 Adopted. Business License - - set meeting date - Councilman Sampson requested the business license committee meet May 29th at noon at Hennessy Steak House and ask all other councilmen to attend. Annexation - - Crestview Addition Replat - A discussion was held concerning the proper way to proceed with the acceptance of rapists. Councilman Slater moved this be referred back to the annexation committee and the city attorney with power to act. Seconded by Councilmen Schwartz. Carried. permission to move house - Councilman Schwartz reported a request for permission to move house from 289.- 2nd. Ave. W. N. to 1228 - 7th Street West. Councilman Schwartz moved the request be referred to the annexation committee with power to act. Seconded by Councilman Daley. Carried. - date for public hearing - Councilman Schwartz moved the public hearing for proposed sub -division regulation be June 17, 1974 at the regular city council meeting. Seconded by Councilman Thomas. Carried. Safety - - safety hazard - Councilman Thomas suggested a letter be written to the owners of the property located at 504 - 4th Avenue West requesting them to grant the city permission to remove the hazard located at this property. Councilman Sitter moved the letter be written. Seconded by Councilmen Thomas. Carried. - vacation patrolman - Councilmen Thomas reported that there has been only one applicant for the summer vacation patrolman and he lives outside the city and outside the county. He lives In Lake County. Councilman Thomas moved Bob Smith be hired as temporary officer as the vacation patrolman, for June, July, and August. Seconded by Councilman Knapp. Carried. - confirmation of officer - Police Chief Waggener reported Jim Knaus has satisfactorily completed his probationary period and ask that he be confirmed as patrolman, effective May 1, 1974. Councilman Thomas moved confirmation of Jim Knaus as patrolman, effective May 1, 1974, Seconded by Councilman Sampson. Carried. MISCELLANEOUS BUSINESS Mansion Lien - Councilman Thomas moved City Attorney Donahue be instructed to file lien on the Conrad Mansion property for the amount the city has invested on the Mansion Project. Seconded by Councilman Knapp. Carried. Mayor Bjorneby adjourned the meeting, there being no further business. Minutes approved as presented, June 3, 1974.