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05/21/79 City Council Minutes4�4 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY, MAY 21, 1979 IN THE COUNCIL CHAMBERS AT CITY HALL. COUNCIL PRESIDENT DALEY'PRESIDED. COUNCILMAN O'BOYLE ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. Acting Mayor Daley announced that Mayor Happ was in Calgary at the invitation of their Mayor to celebrate Victoria Day. Councilman O'Boyle was absent because of the death of his brother. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of May 7, 1979 be approved as presented. Seconded by Councilman Saverud. Motion carried. CITY OFFICIALS REPORTS City Treasurer and City Clerk for March 1979. Director of Public Works, Police Chief and City Judge for April 1979. Councilman Saverud moved that city official reports be accepted. Seconded by Councilman Zauner. Motion carried. OPEN BIDS CONSTRUCTION BIDS —,SID #327 The bonds not being sold at this date, Doug Daniels, project engineer, recommended the bids be returned to the contractors and bidding be rescheduled at a later date when the money is available. Councilman Granmo moved that the bids be returned to the contractor and the bidding resched- uled when the bonds are sold. Seconded by Councilman Griffin. City Attorney Donahue advised that the bids should be held in abeyance as they have been advertised and the contractors may want them opened. Councilman Granmo withdrew his motion. Director of Public Works Kain stated that his last word from the developers of SID #327 was that they would either reject without opening or reschedule bid opening. Doug Daniels said he felt it would be a mistake to summarily return. Councilman Griffin withdrew his second. Director of Public Works Kain stated that by the time it is readvertised a portion of the work would have to be done next year. Councilman Saverud asked if it would affect the sale of the bonds if the bids are rejected. City Attorney Donahue replied that it works better to open bids for sale of bonds and con— struction at the same time, and when we know we are going to sell the bonds, schedule the construction bids on the same date. Councilman Grainger moved that the construction bids for SID #327 be reAepted because of lack of sale of bonds and returned to the bidders. Seconded by Councilman Zauner. Motion carried. OPEN BIDS Gravel 9-1 Crushed gravel and stone chips shall meet aggregate specifications which are attached. Quantities are estimated. Contract will continue May 25, 1979.to April 30, 1980 unless cancelled by mutual consent in writing, signed by both parties. Said cancellation of the contract shall be approved by resolution of the City Council. PROPOSAL: Estimated Quantities Item No. 1 1!'.crushed .5;000 Tons gravel Item No. 2 5/8" crushed 8,250 Tons gravel Item No. 3 V" Stone 1,000 Tons Chips Item No. 4 Pit Run 10,000 Tons Gravel Unit Price Total , $ 7_ s9 /Ton°on $ z9Y /Ton sa oq /Ton $ ./yo $ /ss /CY $ lol gonov Material. purchased as needed at your pit shall be .loaded and weighed'n city trucks. An overhaul charge of $0.10 per ton mile beyond the Ci limits will be je—ducted trom your bid price. Distance measurements shall be the distance from the City limits by public road to the gate of the gravel pit. There will be no overhaul charge from any location less than one mile, measured as above stated, pits more than one mile but less than two, the charge will be $0.10, more than two but less than three will be $0.20 etc. The successful bidder will be required to furnish a performance bond in the amount. of $1,500.00,.for a period of one (1) year. Each bidder must display a current Montana Contractor's License, class and number. shall include Items No. 1, 2, 3, and 4. 'Bids Each bidder shall comply with all Federal, State and Local Laws. ..3�5L9 A Montana Contractor's License No. �1tl . 117el Dat Bid Security Ji r4,-,/f,G PROPOSAL: Estimated Quantities Item No. 1 1" crushed 5,000 ,Tons 3/41, gravel Item No. 2 5/8" crushed em No. 3 gravel h" Stone Chips Item No. 4 Pit Run Gravel 8,250 Tons 1,000 Tons Firm Distance from City Limits By Normal Haul 1/10 Mi. 10,000 To /Cy `— er John Kain Unit Price Total $ 2.90 /Ton $ 14,500.00 $ 3.00 /Ton $ 24,750•M $ 7.12 /Ton $ 7,120.00 $. 1.11 / Cy $ 11,100.00 Material purchased as needed at yodr pit shall be loaded and weighed into city trucks. An overhaul charge of $0.10 per ton mile beyond the City limits will be de ucte from your bid price. Distance measurements shall'; be the distance from the City limits by public road to the gate of the gravel pit. There will be no overhaul charge from any location less than; one mile, measured as above stated, pits more than one mile but less than' two, the charge will be $0.10, more than two but less than three will be $0.20 etc. The successful bidder will be required to furnish a performance bond in the amount of $1,500.00, for a period of one (1) year. Each bidder must display a current Montana Contractor's License, class and number.. ids shall include Items No. 1, 21 3, and 4. th bidder shall comply with all Federal, State and Local Laws. 2760 A Montana Contractor's License No. May 21,1-979 Date Bid Security Bid Bond Pack & Company, Inc. Firm By c./Treas. Distance from City Limits By Normal Haul , 7 Mi. 4P,q6 Councilman Saverud moved the bids be referred to the Street & Alley Committee with power to act. Seconded by Councilman Grainger. Motion carried OPEN BIDS --Road Oil and Asphalt PHILLIPS PEPROLHJM COMPANY — FILE COPY PHILLIPS PETROLEUM COMPANY PNtWps MARKETING DIVISION . BOX 191, GREAT FALLS, MONTANA 59403 O PHONE 406 761-4100 Marjorie Giermann City Clerk P.9. Box 1035 Kalispell, Montana 59901 Itm, May 18, 1979 Regarding your recent letter, we will submit the following, subject to the conditions and provisions contained on the reverse side of this letter and any governmental . regulations in effect now or that may be imposed at any future date. A11 prices shown will be F.O.B. our Great Falls, Montana refinery. Further, all PrLees will be sub ect to change. We will attempt to supply the volume you requested, commensurate with the asphalt volume we have available to us this asphalt season. As to prices, our current price an MC Asphalt is $87.50 per ton. Our current price on CRS-2 Emulsion is $87.50 per ton. We hope this price will prevail this year, but due to the crude oil situation we cannot guarantee prices TI11.1 stay at this level. The estimated current freight rate to Kalispell, Montana is $19.20 per ton. All shipments of above product are to be in accordance with and governed by the prevailing provisions of the applicable tariff or tariffs, including any accessorial charges such as (pump -off, demurrage, etc.) to be paid by consignee. All Asphalt materials to be supplied under this quotation w311 meet specifications of the Montana Department of Highways, construc tion materials. TEfiMS OF SALE: Net 30 days from invoice date. Purchaser's financial responsibility must be satisfactory to seller. A delinquency charge will be assessed at the rate of 1% on invoices not paid within 30 days of invoice date, in accordance with Phillips Petroletml Company credit policy. We appreciate this opportunity to be of service to you. �Pi£QI,IPS PLT ®IITM COMPANY Owen Anglum, Manager Asphalt & Fuel Oil Sales ACCEPTED: CITY OF KALISPELL BY: i • t� Authorized Agent A ygp < DATED: 5-- _? /— 7 9 P.S. Additive is priced at $10.00 per ton of asphalt. Word was received from Cenex that their supplies will have to be used for agricultural purposes, therefore cannot submit a bid. Councilman Saverud moved to refer to Street & Alley Committee with power to act. Seconded by Councilman Granmo. Motion carried. 1 ADDRESSING THE COUNCIL 437 Acting Mayor Daley called three times for anyone wishing to address the council. No one responded. COMMITTEE REPORTS SAFETY Councilman Grainger reported that his committee will be meeting very soon with members of the Police and Fire Departments. SEWER & WATER Doug Daniels, resident engineer, reported that the pump has been installed on the new water well and operated for 22 hours attherate of 2400 gallons per minute. Starting sometime tomorrow a 24 hour test will be made. C. Granmo reported that a request for water outside the city limits is in the delineation area designated by PSC and they will be allowed to hook up to city water line. CITY DEVELOPMENT Councilman Saverud reported that appraisal reports on Lots 2 through 6 in Block 69 have been postponed until they can meet with Councilman O'Boyle. Ed Gallagher, CDA Director, reported that 5 projects are under construction and they are ready to let the 6th. 3 more applications are on file. The drawdown of cash has been made and deposited with First Federal S & L. At the June 3rd meeting he will present a Resolution of Necessity for adoption by the council. CITY HALL Councilman Saverud reported that on May llth the council inspected the new city hall. On May 18th he and Councilman Griffin inspected the building again and found a few minor details that needed to be taken care of before the council accepts the building. They have met with Architect Schwartz and these details are being corrected. It ma$ be necessary to call a special meeting to accept the building. A letter was read from Rich Hadley, CBA, requsgting approval to use the sidewalks to con- duct a merchants annual street sale on May 25 and 26. Councilman Saverud moved approval to use the sidewalks to conduct a merchants annual street sale on May 25 and 26. Seconded by Councilman Griffin. Motion carried. 'Councilman Zauner suggested that the Mayor be authorized to give approval for uses of side- walks and free parking days without prior council action. EMPLOYMENT ' Councilman Zauner reported the City and Dan Johns, negotiator, have been notified by the Fire Department that they are ready to negotiate their contract for the next fiscal year. AJI J) W; V*i#i§i ORDINANCE #923 Hearing the second reading, Councilman Griffin moved to enact Ordinance #923 an ordinance to bring into the new new zoning, areas O, P, & Q which consists of residential area east of 4th Avenue East from railroad tracks south to 18th Street and including the French Sub- division. Seconded by Councilman Granmo, Councilman Griffin reported that there were only 2 persons there and they were objecting to a P1 zoning. The area is all residential and will -be zoned R4 There was no one there from Flathead County. Question called. Roll call vote. All voted aye. RESOLUTION #3240 Councilman Griffin moved to adopt Resolution #2340 a resolution to approve as a subdivision Hendricksen Subdivision #102 with the following conditions: 1) A fire hydrant to be in- stalled near Lot 3; 2) Approval of sewage disposal by the State Health Department; 3) Cash in lieu of park land; 4) Waive right to protest SID for sanitary and storm sewer. Secon- ded by Councilman Grainger. Roll call vote. All voted aye. MERIDIAN MANOR TOWNHOUSE ANNEXATION Councilman Griffin moved to uphold the recommendation of the City -County Planning Board to deny annexation to Meridian Manor Townhouse because it is not in total concurrence with the Comprehensive Plan and not in compliance with the traffic flow it would create. Seconded by Councilman Granmo. Motion carried. ZONING AREAS H, I, J, 5 & 11 Councilman Griffin moved to adopt a motion big intention to adopt a resolution of intention to implement the new zoning to Areas H, I, J, 5 & 11. Seconded by Councilman Granmo. 488 Councilman Grainger asked that the motion be tabled.until council has a chance to study. City AttorneyDonahue stated that he had just received the letter and area maps today from the zoning commission, and with the permission of the council would go downstairs and make copies. This being done, the area was studied by all councilmen. It is the first area with businesses to be rezoned. The area is north of Idaho from 7th Avenue W. N. to 7th Avenue E. N. and does not include Gateway West and Meridian Road areas. Councilman Griffin explained that this motion is just to enable the zoning commission to hold a public hearing. Question called. Motion carried. FINANCE Councilman Raiz reported that he is presently reviewing this years' budget. There may be some changes in structure and organization. He will be calling a committee meeting very soon. Finance Director Swanson asked if the City has a contract with Dan Johns, labor nego- tiator. He was told that there is no contract. Council members asked Mayor Happ to prepare a cofotract with Mr. Johns. STREET & ALLEY Councilman Ruiz moved that Director of Public Works Kain be authorized to call for bids for sidewalks, curbs and gutters for 1979 with bid opening on June 4th. Seconded by Council- man Grainger. Motion carried. MISCELLANEOUS Director of Public Works Rain reported that it is official that Main Street reconstruction is being plugged into the preliminary engineering 'system by Thomas, Dean & Hoskins, Proj. Eng. The City will be liable for the utility changes. Construction should start in 1981. This much needed project has come to a successful head through the sole efforts of the City of Kalispell, Montana Highway Department and Consulting Engineers. PARKS & RECREATION Acting Mayor Daley reported on progress at the airport. A letter from Stockhill Aviation protesting a road being built at the south end of the airport has been investigated by Director of Public Works Kain and himself and they can see no real hazard from a laymans view. The Association has been contacted and they will review the situation, and make recommendations on safety if necessary. Councilman Griffin asked Mr. Daley if he has looked at the agreement with the airport. He replied that he is reviewing the agreement, may ask for some amendments, but is really waiting to see what the association plans to put into it. Our airport is the only airport in Montana owned entirely by a city. Most of them are county or city -county. Mr. Daley read a letter from Mr. Dick Knowles who stated very emphatically that he does not like the traffic light change on First Avenue West which leaves the intersections at First Avenue West and Third Street (Post Office) and First Avenue West and First Street (Eagles Lodge) unsigned. Director of Public Works Kain will reply to the letter and explain the reason for the traffic light changes. TOURIST INFORMATION CENTER Rich Hadley reported that the Chamber of Commerce will operate the Center this summer. It will open officially May 25th and as soon as school is out will be operated full time. They are not clear about the status of the ownership of the building, but at this time it is owned by Larry Stem who has a lease with the City which will expire as of July 1st. The building is for sale, but the Chamber of Commerce does not wish to assume the respon- sibility of the ownership of the building. Through the cooperation of the Chamber, the County and the City, the area at the Center has been paved. ORDINANCE #924 Councilman Saverud moved first reading to enact Ordinance #924, an ordinance to adopt the "Uniform Code for Abatement of Dangerous Buildings." Seconded by Councilman Griffin. Roll call vote. All voted aye. Acting Mayor Daley announced there will be a dedication of the fountain at the new city hall to ..the V.F.W. All veterans organizations are invited. Time is 10 A.M. May 30, 1979. PARKING COMMISSION APPOINTMENT Councilman Zauner moved to confirm the appointment of Larry Lee to a 3 year term on the Parking Commission to replace Lee Bishop who has resigned. Seconded by Councilman Griffin. Motion carried. SB99 concerning retail of -off -premises wine was discussed. The bill allows sale of 489 wine in grocery stores, but does not specifically define city licensing. City Attorney Donahue advised waiting until he obtains a certified copy of the bill and then pro -rating the rest of the year if city licensing is permitted. Councilman Grainger reported that Elrod School.officials are requesting something be done about the traffic hazard. There is so vetch traffic to and from the high school that they feel they need some stop signs and more 'no parking' area. Police Chief McDowell stated he is working on a solution. Councilman Ruiz reported that there are rocks on the infield of the ball field in Woodland Park. Supt. Drent explained that they had just placed some black dirt there and there must have been some rocks. It was suggested the Peewee players and their parents clear the field. Councilman Ruiz reported a complaint about the condition of the rest rooms in Woodland Park. Supt. Drent explained that they -are cleaned every Monday and Friday, but he lacks the help to clean and check them each day. If he locks the doors, they tear the doors off. There is a serious problem with rest rooms at the parks and ball fields because of the carelessness and vandalism by persons and the lack of help to clean and supervise. Councilman Saverud moved to adjourn. Seconded by Councilman Griffin. Carried. Minutes approved as presented June 4, 1979. ATTEST: Ma Rorie Giermann, City Clerk I