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THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA WAS
HELD APRIL 21, 1975 IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P. M. MAYOR
BJORNEBY PRESIDED. ALL COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Schwartz moved approval of the minutes of April 7, 1975 meeting as
submitted. Seconded by Councilman Miron. Carried.
CITY OFFICIALS REPORTS
City Treasurer and City Clerk for February.
Director of Public Works, Police Chief, Police Judge, City Sanitarian for March.
Councilman Miron moved acceptance of the reports as presented. Seconded by
Councilman Schwartz. Carried.
BID OPENING - S.I.D. 315 Bonds.
1). A. I)AvwsoN, IN(':.
DAVIDSON IIIIILI)ING
GROAT I-ALLS. MONTAN/, 1,4401
CUOCIJC B Ilurro Ho - Tc LC,•r,UNc 440.1 A5:111.2%
via. I... M.", _ April 210 1975 Ttl L%YPt 011161 •1411(,,4
nornhle Mayor and City
Council Members
City Hall
Kalispell, Montana 59901
CentlOmen
:
For $100,000 par value of legally issued and properly executed bonds of
Kalispell , Montana Special Improvement hi.stricL #315
as more fully described in the official Notice of Sale, which Notice of Sale is
hereby made a part of this proposal, we will pay you par plus a total premium of
$ 14.00 and accrued interest from the date of the bonds to the date of
delivery to us in Great Falls, Montana for bonds maturing nupry l• 1985
dated April 1, 1975 and bearing Various coupons in such combination$ that Lha
total ntoresr. paid on any individual bond will not exceed 7.30 %.
Prior to our accepting delivery of said Securll:ies, you agree to furnish a ccrilfied
transcript' of all legal proceedings requisite to their issunncc and delivery, in-
cluding proceedings squired for the creating of said Special Improvement District,
and for the execution of a contract and suiety bonds in the full amount of such
contract, assuring the completion of the improvements to be financed by the bond:;
in accordance with the plans and specifications and at a cost, including all.
incidental costs, not exceeding the principal amount of the bonds and including a
signature and non -litigation certificate in the customary form, evidencing 010
legality of said Securities and the security provisions relating thereto.
This proposal is made subject to -the unqualified approving opinion of bond attorneys
to be designated by us, as to the legality of the bonds, as to the interest being
free from Federal income taxes, and subject to the establishment by the _ Cites_
in said proceedings, in the opinion of said Attorneys, of the maximum security
for the bonds which is permitted by the provisions of 'title 11, Chapter 22 of the
Revised Codes of. Montana 1947, as amended.
The bonds arc to be delivered to us on or before June 23., L 75 _, or thereafter
305
Honorable Mayor and City
Council Members
Kalispell, Montana 59901
We herewith hand you our Good ]Faith check for $ 5,000.00 as evidence of
our good faith in complying with the terms and conditions of this proposal which
is to apply as part payment for said bonds when the legality or security of same
has been approved by our attorneys, and to be forfeited as fully liquidated damiges
should we fail or refuse to take up said bonds as above provided. Said cheek is
to be returned to us if this proposal is not accepted, or if the abece attorney;
should decline to approve the legality or security of Luis issue. 'Phis offer is
for immediate acceptance.
Respectfully submitted,
D. A. DAVIDSON, INC.
Accepted for and on behalf of CITY OF KALISPELL _, Montana pursuant
to authorizaton by it's.governing body and receipt of the above mentioned check
acknowledged, on this date APRIL 21, 1975
Laurence G. Bjorn e Mayor
.ATTEST:
' Marjor a Giermann, Deputy City Clerk
Councilman Miron moved acceptance of the bid from D. A. Davidson, Inc., Great Falls.
Seconded by Councilman Schwartz. Carried.
RESOLITfION NO. 3009
Councilman Miron moved adoption of Resolution No. 3009 A Resolution awarding the bid
for S.I.D. 315 bonds to D. A. Davidson, Inc. at 7.3% per annum and authorizing the
printing of the bonds. ,Seconded by Councilman Knapp. Roll Call. Vote. All voted aye.
GAMING LICENSE APPLICATION
Councilman Daley moved that the application for a gaming license for the Hind Quarter
be deferred until the regular May 19th meeting and that the required publication be
authorized. Seconded by Councilman Miron. Carried.
-- -- HEARING - Police Pension Trustees Report -
April 16, 1973
TO THE HONORABLE MAYOR AND MEMBERS
OF THE KALISPELL CITY COUNCIL:
The Board of Trustees of the Police Pension Fund met this date at 10:00 A.M.
In the council chambers at City Hall to consider the retirement pay of Bob J.
Soderstrom and the investment of police' pension funds.
The board voted a tie vote for the request of one-half of November, 1974 pay
In the amount of U,184.00 for retirement pay for Lt. Bob J. Soderstrom, City
Attorney Donahue recommended that the City Council ask the District Court for
an interpretation of Montana Law covering police retirement. (Sea. 11-1821
RCM)
306
Sgt, Stotts moved that $32,000.00 police pension funds be taken out of time
certificates to purchase $32,000.00 Sidewalk & Curb warrants. Seconded by Sgt.
Gifford, Carried.
Respectfully submitted,
f
Laurence G. Bjorneby,
. Donahue, -City Attorney
A1h . _0
M. Richard Stotts, Active Police Officer
d�
Dale So Giffor , Act ve Police Officer
Councilman Miron moved Lt. Soderstrom receive $592.00 retirement per month. Second-
ed by, Councilman Schwartz.
Councilman Happ moved an amendment to.the motion that the city council ask the
District Court for an interpretation of the Montana retirement law for future ret-
irements. Seconded by Councilman Daley. Vote on amendment. Councilman Knapp
-_ .abstained. Carried.._._ .
Vote on motion - carried. '
Councilman Slater moved that the City Treasurer be directed to invest $32,000.00 of
police pension funds in Sidewalk & Curb Warrants. Seconded by Councilman Happ.
Carried.
ADDRESSING THE COUNCIL
Attorney Dasinger, representing about 90 petitioners in the Underhill and Camerson '
Additions, stated that these people want the same zoning for the Slams Addition, if
it is annexed, as the adjoining property.
Councilman Schwartz said that he would take the petition back to the City -County
Planning Board to resolve the problems of that particular area.
Councilman Schwartz will see that Attorney Dasinger has a copy of the annexation
report when it is ready.
SEWER ORDINANCE - The Ordinance regulating use of sewers, as required by Environmental
Protection Agency, will be reviewed by the sewer & water committee and reported at
the May 5th meeting.
COMMITTEE REPORTS
Councilman Knapp reported that there is still a question regarding the residency
requirement of William. Bergstrom, newly elected councilman from Ward 2. He asked '
that this be cleared before next meeting, as he is planning to be out of town
immediately after May 5th, and wants no complications. City Attorney Donahue stated
that he would confer with Mr. Bergstroms attorney and resolve the question.
FINANCE -
Councilman Slater reported the low bid for liability insurance was awarded to Hammer -
Sauer Agency.
Street & Alley
Councilman Happ reported the following letter from Thomas, Dean & Hoskins, Engineers,
concerning paving and patching certain streets on the storm sewer project:
- 307
THOMAS, DEAN a Hasklws, INC.
D 923 South Mein Street
OIt6[IL ELRy engineers Kalispell. Montana 59901
T. H. Thomas, President Ph. 756-2518 - Area Code 406
Wayne W. Dean, Seaetary-Treasurer OFFICES IN GREAT FALLS, BOZEMAN AND KALISPELL
1200 twenty -Fifth Street South
Great Falls, Montana 59405
Ph. 761-3010 - Area Code 408
April 21, 1975
Mr. Al Miron
C/O Veterans Affairs Division
Ford Building
Kalispell, Montana 59901
Re: Kalispell Storm Sewers, Central
Business District
Dear Al.
We have held meetings with council members on April 17 and 18 to
review the construction plans for the subject project. We are now
ready to begin preparation of final plans and specifications.
Prior to our beginning the design of the contract plans on the
subject project, the council considered repaving the streets in the
areas that the storm drains will be installed. At that time, the
council suggested that the paving.project might be reconsidered at a
' later date.
As discussed with council members during the past week, we are
bringing this matter to your attention at this time in order that re-
consideration may be made prior to final preparation of plans on the
Storm Sewer System.
We have prepared the following summaries of cost estimates based '
on closer evaluation of the streets in the area of storm sewer improve-
ments. Those streets that are in good condition will be patched and
in some instances overlaid to provide an improved riding surface.
Streets in poor condition will be completely reconstructed.
The proposed paving project includes the following pavement im-
provements in the storm sewer project area:
5th STREET:
Repave the south half from 1st Alley West to Main Street.
Repave the full width from Main Street to 2nd Alley West.
' Patch over trench from 2nd Alley West to 2nd Avenue East.
2nd AVENUE EAST:
Patch over trench from 13th Street to 12th Street.
Repave the full width from 12th Street to 2nd Street. Note
that the block from 6th Street to 5th Street has been in-
cluded in the repaving program even though this block will
not have storm drain installed under it. It was felt that
repaving of this block should be considered along with the
rest of the avenue to provide for continuity.
308
1st AVENUE EAST:
Repave the full width of the avenue from 5th Street to 3rd
Street.
Patch over trench and provide for an asphalt overlay full width
from 3r4 Street to 1st Street.
Repave the full width of the avenue from 1st Street to 30' North
of Center Street.
2nd AVENUE WEST:
Repave the full width of the avenue from 5th Street to Center
Street. Note that there is no storm sewer to be located in the
block between 1st Street and Center but paving has been provid-
ed to complete the paving in the heavy use downtown area.
13th STREET:
Repave from Main Street to 2nd Alley East.
Patch over trench from 2nd Alley East to 4tb Alley East.
Repave from 4tb Alley East to 4th Avenue East.
The estimated coats of the improvements discussed above are as
follows:
Estimated Cost Of Repaving - $296,783.41
Estimated Cost Of Patching If No Repaving Is Done - $ 77,171.00
Estimated Excavation Credit If Paving Is Done - $ 9$536.91
Net Estimated Cost To Repave: $210,075.50 '
If further details are required please call on us.
Very truly yours,
THOMAS, DEAN & HOSKINS, INC.
By hjCO Z .
Douglas"'. Daniels
DED/pf '
cc: Laurence Bjorneby, Mayor, City Hall, Kalispell, Mt. 59901
Mr. Harvey Knebel, Director of Public Works, City Hall, Kalispell,
Mt. 59901
309
Financing the project is still the main problem. Councilman Slater stated that it
seemed unfair to charge sewer and water users street paving costs. Streets should
be constructed and maintained with tax money. If Revenue Sharing money is used, the
fund will be depleted doing the first phase of_the storm sewer project. Gasoline
tax money comes in too slowly. Citizens could vote on a bond issue.
Councilman Happ stated that she has just found out that the city can make application
to the Emergency Development Act for a grant. Doug Daniels, Engineer with Thomas,
Dean & Hoskins, will try to complete the plans and apply before the deadline of May
16th,
Councilman Schwartz moved to refer the matter of financing to the Street & Alley
Committee and report back their findings at the next regular meeting. Seconded by
Councilman Miron. Carried.
Councilman Happ moved that Thomas, Dean & Hoskins Engineering firm submit plans to
EDA for a grant. Seconded by Councilman Miron. Carried.
PUBLIC PHONE -
Councilman Happ reported a request from Northwestern Telephone Systems to place a
public phone at 2nd. St. West & Main on the J. C. Penney building. City would get
15% of the revenue. The phone would be an encroachment on the sidewalk which is
against city ordinance. The council authorized Councilman Happ to meet with repres-
entatives of Northwestern Telephone Company and try to find a downtown location that
does not encroach upon the sidewalk.
Councilman Happ reported that Northwestern Telephone Systems asked to be allowed to
block off traffic on 1st. Avenue East from 1st to 2nd Street East for their dedication
ceremonies on May 16th.
Councilman Slater moved that Northwestern Telephone Systems be allowed to block off
traffic on 1st Avenue East 1st to 2nd Street East for their dedication ceremonies on
May 16th. Seconded by Councilman Knapp. Carried.
I SEWER & WATER -
Councilman Miron asked the following letter be incorporated into the minutes:
0 TMObOAS, DEAN 6 NOSKINS, INC*
l.on'Whinny Gngin rdird
T. H. Thomas, President
Wayne W. Dean, Secretery-Treasurer OFFICES IN GREAT FALLS, B02EMAN AND KALISPELL
Mr. Al Miron
' C/O Veterans Affairs Division
Ford Building
Kalispell, Montana 59901
Dear Al,
April 21, 1975
923 South Main Street
Kalispell. Montana 89901
Ph. 756.2510 -Arm Code 406
1200Twenry-Fifth Street South
Great Fells, Montane 59405
Ph, 781.3010 - Area Coda 400
Re: Kalispell Storm Sewers, Central
Business District
Contact has been made with Mr. & Mrs. Samuel Gibson regarding an
easement required on the subject project.
A verbal agreement has been reached between the Gibsons and City
Representatives, Forrest Daley and Harvey Knebel. The Gibsons will
grant the required 20' easement based on the following considerations.
310
1. The storm sewer centerline will be located approximately five
(5) feet north of the south boundary of their property.
2. Construction will be done in a workman like manner, and the
premises including grade, vegetation, fences and other improve-
ments will be left in a condition at least as good as the exist-
ing condition.
3. The city of Kalispell shall pay $ 1 50 *00 to Mr. and Mrs.
Samuel Gibson in consideration for the loss of use of the sub-
ject land over the storm sewer pipe.
If these terms are agreeable and the city council will authorize
the execution of the agreement, all papers could be prepared in the
near future. I have attached an easement discription for your conve-
nence.
Very truly yours,
JS, DEAN 1, HOSKI INC.
ByQ ,
ug as an s
DED/gcc: Mr. Harvey Knebel, Director of Public Works, City Hall, Kalispell,
ENGINEERING STUDIES - DESIGN . SURVEYS
Council members agreed that the easement is 'a good deal for the city.
Councilman Miron moved that the city accept the easement regardless of whether the
storm sewer project, -,proceeds now or later. Seconded by Councilman Knapp. Carried.
City Attorney Donahue will order a title report for the easement.
HOUSE 'AT WASTEWATER TREATMENT PLANT -
Councilman Miron reported that the tenant in the house at the Wastewater Treatment
Plant has asked for an extension of one month to vacate, and that the sewer & water
committee recommends the request be granted.
Councilman Sliter moved that the tenant in the house at the Wastewater Treatment
Plant be allowed to stay until June 1st. Seconded by Councilman Daley. Carried.
RESOLUTION NO. 3010
Councilman Schwartz moved.adoption of Resolution No. 3010 a Resolution to accept the
Schmauch Sub -Division as such and since this is already within the city limits, not
require park 'land or cash in lieu of park land. Seconded by Councilman Sitter. Roll
Call Vote. All voted aye.
PARKS -
Councilman Daley reported a request for a 3 year agreement between the City and
Lions Park. They will assist with maintenance and keep the rest rooms open until
after ball games. They will pay the city $10.00 rent per year.
Councilman Daley moved that the agreement be drawn and referred to Mayor Bjorneby
for consideration. Seconded by Councilman Happ. Carried.
GOLF COURSE PROTECT -
Councilman Daley reported that the golf course committee and park committee met to
review the bids for rough grading for the golf course project. The committees
recommended the bid be let to Stenerson & Schmidt, Missoula.
Councilman Daley moved the bid for rough grading for the golf course project be let
to the low bidder, Stenerson & Schmidt for the amount of $94,991.50. Seconded by
Councilman Slater. Carried.
L
311
EMPLOYMENT -
Councilman Daley reported that at an employment meeting last Friday, a new type of
grade/step request was presented by the employment committee of the police depart-
ment. A meeting has been set for 2 P.M. Wedneseay, April 23rd in the council chambers
to consider this request. Old and new council members, department supervisors and
employment committee chairman to attend.
AUTHORIZE ANNUAL LOANS OR ADVANCES FROM REVOLVING FUND
1 RESOLUTION NO, 3011
Councilman Daley moved adoption of Resolution No. 3010 a Resolution providing for the
council to agree to issue orders annually authorizing loans or advances from the
revolving fund to the district fund in amounts sufficient to make good any deficiency.
Seconded by Councilman Happ. Roll Call Vote. All voted aye.
MISCELLANEOUS BUSINESS
Councilman Happ reported a request from FVCC to close 1st Street between Main and
1st. Ave. East for their annual festival on May 3rd.
Councilman Happ requested permission be granted to FVCC to close lot Street between
Main and lot. Ave. East for their annual festival on May 3rd. Seconded by Council-
man Miron. Carried.
Councilman Knapp reported the request for Francis Wall to purchase a small piece of
land has not been completed. City Attorney Donahue will locate the papers and
proceed with the sale.
LICENSE & PERMIT BONDS
Herman J. Slaw dba
' Slams Plumbing & Heating Excavate Streets Bond
Wes Kouns individually and
Wes Kouns Backhoe Service Excavate Streets Bond
Councilman Sliter moved acceptance of License & Permit Bonds as approved by City
Attorney Donahue. Seconded by Councilman Sampson. Carried.
Councilman Miron moved adjournment. Seconded by Councilman Knapp. Carried.
Minutes approved as presented May 5, 1975•
ATTEST:
Marjori Giermann, Asst. City Clerk