04/16/79 City Council Minutes4`?4
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, APRIL 16,
1979 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAPP PRESIDED. COUNCILMEN ALLEN, GRAINGER
AND GRIFFIN ABSENT. ALL OTHER COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Williams moved to approve the minutes of the regular March 190 1979 meeting as
presented. Seconded by Councilman Granmo. Motion carried.
OPEN BIDS
S.I.D. #327 Bonds
There were no bids presented for the sale of S.I.D. #327 Bonds.
S.I.D. #327 Construction
5 bids were presented for construction for S.I.D. #327.
Mr. Dan Huestis, representing Falls Construction, stated that if the bonds will not be sold,
his firm would request that their bid be withdrawn. He felt it would not be fair for the
bids to be revealed in case the entire process of advertising for bids for bonds and construc-
tion was repeated. His suppliers guarantee only a 30 day period at the bid prices and
materials must be ordered within that time.
Mr. Ron Pack, representing Pack Construction Co., stated that if there is as much as a 45 day
delay it would put construction into next year.
City Attorney Donahue stated that the situation is like the chicken and the egg. If the
construction bids are opened and within the amount of the S.I.D., and the bonds are negotiated,
the City can order the go ahead. The bonds will not be sold unless the bids are within the
money, and if construction bids are not opened no one knows how much they are.
Asked if there is a possibility of the 'sale of bonds, Mr. Darwin Hamilton, Developer, stated
that he is working on negotiations for the sale of the=bonds, is optimistic, but not sure.
Mayor Happ stated that the council could hold a special meeting to open construction bids if
the bond sale is negotiated.
Councilman Williams moved that the construction bids for S.I.D. #327 be held and opened at
the May 7th council meeting, and any firm be allowed to withdraw his bid if he so desires.
Seconded by Councilman O'Boyle. At the direction of City Attorney Donahue, the following
construction firms' representatives were polled as to being in agreement with the motion:
Rehbein Contracting, Inc.
Box 339
Plains, Mt.
Mr. Rehbein - yes
Falls Construction Co.
loth St. & River Dr. North
Great Falls, Mt.
Dan Huestis - yes
Pack & Company
Box 222
Kalispell, Mt.
Ronnie Pack - yes
E. F. Matelich Construction Co.
Box 456
Kalispell, Mt. 59901
E.F. Matelich - yes
COP Construction Co.
Box 1938
Billings, Mt.
Rich Bjelkevig - yes
Question called. Motion carried.
ADDRESSING THE COUNCIL
Cal Weber, representing Corner Pockets of America, introduced Mr. D. D. Utter, representing
Pizza Pete. Mr. Utter stated that a request for a variance to build on 20' x 40' addition
to Corner Pockets has been denied by the BOA and he is asking the council to consider the
request. Pizza Pete has been interested in establishing in Kalispell for some time and a
place in conjunction with Corner Pockets would be ideal. However, there is only room to
seat 44 and in order to operate they need 124 seating capacity. They want to build on the
east end and this would encroachit feet on what is allowed as a setback from the property
line. To build onto the north would foul up the driveway that exists.
�qqc
Councilman Daley moved that the variance be allowed. Seconded by Councilman Granmo. 4 01
Mr. Vic Baker, 1404 Airport Road, presented a petition signed by sixpropertyowners who are
against granting a variance for the extension of the CorzWr Pocket Building at 1400 Airport
Road, to the Easterly direction. Mr. Baker's objection was that the building would not be
in line with other buildings adjacent.
Mr. Utter submitted a list of four property owners who have consented to the granting of a
variance to the zoning code for Corner Pockets. He stated that they have a lease, but it is
contingent on the addition. He also stated that the addition on the east should shield Mr.
Baker from the noise from the parking lot.
Councilman O'Boyle stated that he would like to make an on the spot inspection before voting.
Councilman Daley moved to table the motion. Seconded by Councilman O'Boyle. Mr. Utter was
promised an answer by the May 7th meeting. Motion carried.
'VOTE CANVASS - City General Election - April 3, 1979
Councilmen Grainger, Saverud, Daley and O'Boyle met at 8:00 A.M. April 5, 1979 and canvassed
the City General Election held April 3, 1979. Results are as follows:
Ward I - 1771 Registered Voters
Douglas R. Johns 283
Louis B. Ruiz, Jr. 414
Ward II - 1513 Registered Voters
S. N. Halvorson 107
Francis T. O'Boyle 127
Ward III - 1415 Registered Voters
Howard C. Grainger 260
Ward IV - 1568 Registered Voters
John S. Smith 86
John Zauner, Jr. 268
Aldermen elected for a 4 year term beginning May 7, 1979 are: Louis B. Ruiz, Jr., Ward I;
Francis T. O'Boyle, Ward II; Howard G. Grainger, Ward III; and John Zauner, Jr., Ward IV.
REVENUE BOND ELECTION
Councilmen Grainger, Saverud, Daley and O'Boyle met at 8:00 A.M. April 5, 1979 and canvassed
the Revenue Bond Election held April 3, 1979. The question was whether or not to authorize
the City Council or the Kalispell Parking Commission, or both, to adopt the revenue bond
method of financing projects for off-street parking facilities, as permitted by the laws of
the State of Montana. Results are as follows:
WARD I
WARD III
For
474
For
210
Against
224
Against
84
WARD II
WARD IV
For
150
For
240
Against
86
Against
118
Total for - 1074;
against - 512
COMMITTEE REPORTS
STREET & ALLEY
ORDINANCE #919
After second reading, Councilman Williams moved to enact Ordinance #919, an ordinance
establishing handicapped parking regulations and penalty for violation. Seconded by Council-
man O'Boyle. Roll call vote. All voted aye. The council must designate the number and
location of parking spots.
PARKS
Councilman Daley reported that Supt. Drent has looked at different areas as a garden spot
for NW Montana Human Resources. We are now awaiting a letter stating that the City has no
liability for the project.
The Park Committee and Supt. Drent have met with all the baseball leagues to consider which
ones need help from the City. The leagues have submitted a roster of all the names and
addresses of the players and it would appear that one half of them live outside the City.
'TOURIST INFORMATION CENTER
The Park Committee and Chamber of Commerce are discussing the operation of the tourist
information center at Lions Park. City Attorney Donahue is attempting to trace the owner-
ship of the building.
SAFETY
Councilman O'Boyle reported that an area at Linderman School will be signed bus loading and
unloading zone only. Signs will be paid for by the school and the City will furnish the
labor. New signs will be placed at Flathead High School to better identify the ramp area.
ORDINANCE #921
Hearing the second reading, Councilman O'Boyle moved to enact Ordinance #921 an ordinance to
provide for the adoption of the "Uniform Fire Code, 1976 Edition". Seconded by Councilman
Saverud. Roll call vote. All voted aye.
ORDINANCE #922
Hearing the second reading, Councilman O'Boyle moved to enact Ordinance #922 an ordinance to
provide for the adoption of the "Life Safety Code, 1976". Seconded by Councilman Williams.
Roll call vote. All voted aye.
FINANCE
RESOLUTION #3235
Councilman Saverud moved to adopt Resolution #3235 a resolution to approve a transfer among
appropriations within a general classification of expenditures as adopted by the budget for
1978-1979 fiscal year. Seconded by Councilman O'Boyle. Roll call vote. All voted aye.
SEWER & WATER
Councilman Granmo reported on the meeting with Wright -McLaughlin on the.wastewater treatment
plant. They were presented with 5 alternatives for a new system. Because of the absence of
some of the council members, Councilman Granmo moved to refer to the Sewer & Water Committee
with power to act the decision to direct Wright -McLaughlin to apply for EPA funds for sewer
treatment. Seconded by Councilman Saverud. Motion carried.
MISCELLANEOUS
Mayor Happ announced a meeting of District #1 of the League of Cities & Towns at the Outlaw
Inn on May 1st._ A no -host dinner is scheduled for 6:00 P.M. with the meeting at 7:30 P.M.
The Tri-City meeting will be held at the Pines Cafe at Noon on April 18th in Columbia Falls.
TAC will meet tomorrow morning at the Highway Department.
Mayor Happ asked to be excused to attend another engagement.
Council President Daley took the chair as Mayor.
PUBLIC HEARING
Community Development Block Grant
Councilman Saverud asked Director Ed Gallagher to present the facts for the public on the
HUD grant. Mr. Gallagher explained that the grant is for a two year period. A certain
number of public hearings is required. $460,000 was acquired for the first year and this
public hearing will be the last one required to obtain $100,000 for the second year. After
this hearing Mr. Gallagher will be notifying the state and federal agencies. The application
must be in by May 7th. The money is being used for demolition and remodeling of homes of
property owners in lower income brackets. Mr. Gallagher answered questions as to how the
money is broken down for various uses. There were no objectors.
ORDINANCE #920
City Attorney Donahue advised that the second reading of the above ordinance covering 'non-
conforming use' for zoning be tabled until a full council is seated.
Councilman Saverud moved to table the second reading of Ordinance #920 until the May 7th
meeting. Seconded by Councilman Williams. Motion carried.
LICENSE & PERMIT BONDS
Herbert W. Sandon dba
Sandon Construction Co.
Excavator
Bond
Councilman Granmo moved that all license and permit bonds reviewed by City Attorney Donahue
be approved. Seconded by Councilman Saverud. Motion carried.
Councilman O'Boyle moved to adjourn at 9:00 P.M
Minutes approved as presented May 7, 1979.
ATTEST: fnG�
.� �49hnM
Mar' rie-6iermann, City Clerk
Seconded by Councilman Williams. Carried.
Norma E. Happ,'M yor