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04/21/75 City Council MinutesGilman Sliter t®reelection ex t_ titer I�f SC� rorllI nir+ ncil or Zd . 'olij mold mz� li on i towel 17, .Iyed I I I ,, 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