09/29/75 SP City Council MinutesSPECIAL MEETING
A Special Meeting of the City Council was held at Noon, Monday, September 29, 1975
at the Outlaw Inn for the following purposes:
Open Bids on S.I.D. #322 Bonds
Approve Easement for Pacific Power & Light
Zoning Change — Highland Park Professional Subdivision ,
Authorize Call for Bids for Well for Golf Course Project
Mayor ., Rapp presided. All councilmen were present.
AWARD BID — Road Oil
Councilman Allen moved that the bid for Road Oil for 1975-76 be awarded to Phillips
Petroleum Company, Great Falls. Seconded by Councilman Granmo. Carried.
EASEMENT —
Councilman Williams moved that an easement be granted to Pacific Power & Light
to place a guy wire for a power pole on city property on South Main. Seconded by
Councilman Bergstrom. Carried.
Authorization for call for bids for a well for the golf course project was tabled
for lack of information.
OPEN BIDS — S.I.D. #322 Bonds
D. A. 7)A1r1ll:-i0N, IN(;.
DAVIDSON ❑UI!.UING -
GREAT F/,LLS. MONIANA S9401
CUGCNC 5. Nurrono
VIU\ YI,[41pCHT
September 29, 1975
linn.cul b t e 1.1:�y� r t r; r y
Council Members
.Lity.17a11
Ral.i.sDe11, Montana 59901
Gentlemen:
TL -6-fIENL' Nlva F1.O .16 i0
T C. LI:TYI'L In []r.l OLI�1 [.19
For $ 110�000par value of legally issued and properly executed bonds of
Ka1.ispeII , Montana Special. 1!:!provcmeut District JV22___
as more full), described in the: official Fotice of Sale, which Notice of Sale is
hereby made a part of this proposal, we will pay you par plus a total premium of
$ 12.00 _ and accrued interest from the date of the bonds to the date of
i.v�-
delcry to us in Great Calls. Montana for bonds maturing January1. 1985
dated October 1, 1.975 and bearing Vari.OU5 coupons in such combinarions that the
total interest paid on any individual bond will not exceed_ 7.75 __ 1.
Prior to our accepting delivery of said Securities, you agree to furnish a certi.fi.ed
transcript of all legal proceedings requisite to their issuance and dcli.very, in-
cluding proceedings required for the creating of said special. Improvement Distric.P.,
and for the execution of a contract and surety bonds in the full amount of: such
contract, assuring the completion of the improvcr:ents to be financed by the bonds
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 the
legality of said Securities and the security provisions relating thereto.
4`19
This proposal is made subject to the unqual if ied 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_
in said proceedings, in the opinion of said Attorneys, of the ma>:imum 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 are to be delivered to us on or before December 119Z5 � or thercailcr
at our option.
The cost of the printing of these bonds twill he paid by D, A, Davidson Inc
and the fees of approving attorneys will be paid by us.
Honorable Mayor d City
Council Members
City Hall
Kalispell, Montana 59901
We herewith hand you our Good Faith check for $ 5, 00.00 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 z;s fully liquidated damages
should we fail or refuse to take up said bonds as above provided. Said check is
to be returned to us if this proposal is not accepted, or if the above attorneys
should decline to approve the legality or security of this issue. This offer is
for immediate acceptance.
Respectfully submitted,
D. A. DAVIDSON, INC.
By
Accepted for and on behalf of , Montana pursuant
to authorization by its governing body and receipt of the above mentioned check
acknowledged, on this date
ATTEST:
Councilman Sliter moved the bid be referred to the Finance Committee with power to
act. Seconded by Councilman Allen. Carried.'
Dave Stahley of Stahley Engineering Co, gave a progress report on S.I.D. #322. He
reported that hie firm is running soil tests and will have the results within ,few
days. They will then meet with Director of Public Works Knebel to set a date for
construction bid opening. Their engineering report will be ready in two weeks.
ZONING CHANGE — HIGHLAND PARK PROFESSIONAL SUBDIVISION
City Attorney Donahue reported that he was at the meeting df the Board of Adjustment
when the zoning request was approved and had expected a communication from them by
now. Councilman Schwartz, speaking of the road within the Highland Park Professional
Subdivision, said he understood it would be only a 24' road and would not be adequate
for city services. That he also felt there was not enough off—street parking. That
it might be adequate for present use, but would not take care of future requirements.
Attorney Dean Jellison, speaking for the developers, stated that it would be a 36, road
and he felt enough parking for now and future use.
Councilman Schwartz moved Director of Public Works Knebel ask Jim Keithley, State
Highway Department, to ask his safety engineers to inspect the access in and out of
the area on Mission Drive and recommend approval or disapproval of the situation.
Seconded by Councilman Bergstrom. Carried.
LABORATORY PRICES -
Councilman Williams moved that effective October 1, 1975, the price list for lab tests
as submitted by Lab Technician Sol and endorsed by Water Supt. Longpre, be adopted as
follows:
BOD/sample
Total suspended solid/sample
Fecal coliform
Phosphorus
Ammonia
Nitrate
Kjeldahl Nitrogen
Seconded by Councilman Bergstrom. Carried.
FIRST NATIONAL BANK PARKING LOT
$10.00
5.00
7.50
10.00
10.00
10.00
20.00
Councilman Allen reported a request from the First National Bank for a written report
from the Street & Alley Committee concerning the need for resurfacing of their parking
lot.
WOODLAND PARK WARMING HOUSE -
Councilman Daley reported that Park Supt. Drent had contacted BOR to ask if funds left
from the Woodland Park Lagoon project could be used to fund the construction of the
warming house in Woodland Park. He was told that the unused funds in that project could
not be used for the warming house. That he will have to make a new request after the
first of next year for the warming house project. Flathead County Park Department will
not make a positive commitment to aid the project.
The City has budgeted $10,000.00 of revenue sharing funds, the contractor is giving
$3,000.00, the Kalispell Architects Association has donated the plans, but the project
lacks approximately $7,000.00 on the construction bid.
Councilman Daley moved the project be dropped for the present apply for BOR funds and
build the warming house in 1976, that the contractor and Architect Association be
notified that construction will not take place this fall and new bids will have to be
submitted next year. Seconded by Councilman Allen.
Councilman Sliter talked against the motion. If Flathead County will not participate,
and matching funds are not available, fund it entirely with revenue sharing. We
should take advantage of the contributions from the Architect Association and contractor,
costs we may have to pay ourselves if we do not proceed. Depending upon the economy,
we may be looking at a higher construction bid next year.
Question called. Roll call vote. Councilmen Allen, Granmo, Williams and Daley voted
aye. Councilman Sliter, Schwartz, Bergstrom and Olson voted no. Tie vote.
Mayor Rapp asked for time to confer with Vern Mauritson, Director of Parks for Flathead
County, before casting her vote.
11
Councilman Bergstrom asked Building Inspector Jackson to speak on the "Police Security
Building Code" a proposal before the safety committee. Mr. Jackson stated that the '
measure calls for special type locks, bars on windows, etc. for homes and businesses.
That he felt it would be additional protection for people and businesses, but the Life
Safety Code and the Uniform Building Code should prevail over this ordinance, if
adopted, for the personal safety of the people.
Councilman Olson asked Councilman Bergstrom to obtain information from the Police
Department on number of breaking and entering crimes.
Councilman Daley moved that Mayor Happ be authorized to sign the lease between Glory
Days Emporium and City of Kalispell, as prepared by City Attorney Donahue, and
concerning a display located at the Burlington Northern tracks and Main Street.
Seconded by Councilman Granmo. Carried.
WASTEWATM TREMENT PLANT -
Councilman Williams moved the following letter from Mayor Happ to Morrison-Ma.ierle,
Inc, be included in the minutes:
THE CITY OF
KALISIDE LL.
P.O.BOX1035 ZIPCOCE59901
Nlayor
Norma F. 19app
"IN THE HEART OF THE NATION'S PLAYGROUND"
September 26, 1975
Dear rir. Wets tien:
This will coafirn our conversation on the afternoon of September 262 1975 with
Kalispell City Attorney, Norbert V. Donahue from my office.
Ara you were advised, the bad odor problem of the Nelispel.l Sewaga Disposal
Plant has reached the point where citizens are threatening legal action agains$
the City. I was advised today that a group in the south section of the City is
actively contempla:t lg legal action against the City .fo.-r the very bad smell
eminati.ng from our plant.
We have xeviewed our contract with you dated July 27, 1967 and the amendment
thereto concexniiis the preparation by your firia of on operations and mainten-
ance, manual. Ile feel that if the plant fails to operate as you represented
it to us, that it is the fault of your design. If, however, the failure is due
to impropex operation_; we feel your failure to furnish us with an operation.
manual is the fault thereof. - -
Tn the discussion you had with City Attorney Donahue on the letter dated
September 19, 1975, from Donald L. 4ollman, Water Quality Bureau, to Iir. Darnis
Carver of you- firm, you v;ere advised that we feel it is your responsibility
to obtain the information for the proper operation of -the plant. At our meeting
w7th you a week a .o you stated it was the fault of Purifax to furnish the prOier
chlorination, etc. We feel you should have been more aggressive in getting thi,
information and instructing our operators. {la have already paid you :in full for
the pr?paxation of this nauual and we sea no reason why an acceptable manual has
not been prepared by this late date.
As you were advised by City Alto:ney Donahua, our primal.;/ objective is to got
this pl«tt operating at full eif_iciency iriedi.ately. We feel we have already
been da_)aaed by soveral thinLp and we will look to you for reimbursement as
goon as tha exact amount is d.ote:r._.ined. In addition, if le6-.1 action jo instituted
�S
YT
.:
>7
Pa,e 2 422
Morrison-Maierle, Inc.
910 Helena Avenue
Helena, Piontana _
<,Q,a.inst the City for your delinquency in the design, construction avid opor_ation of
our plant, 3,1e will look to you for compensatory daruages.
Your failure to furnish us with an acceptable manual of operation has caused a
substantial delay .in receiving final payment from the EPA on the project. This
delay has caused. us unnecessary interest payment of >3,000.00.
Our records reflect your fees on this project to date have exceeded v113,000.00.
L'e demand -that you take immediate steps -to see that our plash; operates effectively
and efficiently.
Very truly yours,
Norma E. N_app, Mayor
City of Kalispell
P. 0. BOX 1035
Kalispell, Montana 59901
cc: Dennis Carver, Res. Mpg.
Kalispell, Iiit. 59901
Councilman Williams requested. Chief Maintenance Pan, Brian Orndorff, be present at the '
recp-ular council meeting, October 6th.
The Board -of Adjustment recommends the rezoning of Highland Park Professional Subdivision
from Residential No. 1 to Business -Residence No. 5; with a strong recommendation that
the City Council and the Street and Alley Committee make a thorough study of the traffic
problems in that area.
There being no further business the meeting was adjourned.
Minutes approved as presented, October 6, 1975.
Norma E. Happ, Mayo
ATTEST:
Marj ie Giennann, Deputy City Clerk