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04/21/80 City Council Minutes38 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, APRIL 21, 1980 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCIL- MEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of April 7, 1980 be approved as presented. Seconded by Councilman Zauner; Motion carried. CITY OFFICIALS REPORTS City Treasurer for February Building Department for March City Judge for March Police Chief for March Councilman O'Boyle moved that all city official reports be accepted. Seconded by Councilman Saverud. Motion carried. OPEN BIDS ROAD OIL FARMERS UNION CENTRAL EXCHANGE, INC. City of Kalispel City Clerks Office Kalispel, Montana 59901 Dear Sirs: vs@ Where the customer is the company Montana Offices: Post Office Box 126 Laurel, Mont. 59044 • (406) 252-9326 April 11, 1980 Thank you for your invitation for bids for asphaltic materials for the 1980 season. We would like to quote Item Number 1, AC 200/300 with anti -stripping agent, at $175.00/Ton F.O.B. our Laurel refinery. The total price for the 450 tons F.O.B. the refinery would be $78,750. The material would be shipped freight collect. CENEX would bill the City for the product only and the truck lines would bill for the freight. The current freight rate from Laurel to Kalispel is $32.14/Ton plus surcharge on 50,000 lb. minimum loads. The material meets Montana Highway specifications. We do not offer any bid on Items 2 and 3 since we do not have cutbacks available due to the energy situation; however, we do have all grades of cationic emulsions available. The prices named on this quote are made with the understanding that any other charge or tax of any kind, hereafter made effective and levied by any governmental authority on any matter connected with this quote shall be added to the price furnished, and paid by the pruchaser. If awarded the contract, we would furnish the required performance bond. We would appreciate the opportunity t the 1980 season. o serve the City of Kalispel during e � tru; y yoursg '/ Darrell D. Smith Asphalt Sales 1 1 DDS/mc MAIN OFFICES: 1185, North Concord Street, South St. Paul, Minnesota C �J Councilman Daley moved to refer the bid for road oil to the Street $ Alley Committee and report back at the next meeting. Seconded by Councilman Granmo. Motion carried. GRAVEL INSTRUCTION TO BIDDERS FOR CRUSHED GRAVEL Crushed gravel and stone chips shall meet aggregate specifications which are attached. Quantities are estimated. Contract will continue May 1, 1980 to April 30, 1981 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 1b. 1: Item No. 2: Item No. 3: 1/2" crushed gravel 5/8" crushed gravel Pit Run gravel. 5,000 Tons 7,000 Tons 10,000 Tons Unit Price $ 2.98 /Ton $ 2.88 /Ton $ 1.08 4q Total $ 14,900.00 $ 20,160.00 $ 10,800.00 Material purchased as needed at your pit shall be loaded and weighed into city trucks, An overhaul charge of $0.10 per ton mile beyond the City limits will be deducted 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." Bids shall include Items No. 1, 2, and 3. Each bidder shall comply with all Federal, State and Local Laws. 3529A Montana Contractor's License No. April 16,T1980 Date Attached Bid Security McElroy snd,.?Wilken, Inc. 'n Delbert G. Wilken President Distance from City Limits by Normal Haul -07 Mi. Councilman Zauner moved to refer the bid for gravel to the Street $ Alley Committee and report back at the next meeting. Seconded by Councilman Daley. Motion carried. 40 SIDEWALK $ CURB CONSTRUCTION 1980 BID SHEET SIDEWALK & CURB CONSTRUCTION All items listed below cover the cost of material, labor and finishing. All items except items designated "*" are to be installed with a 6 inch gravel base. Bid gravel separately in Item 10. Item 1. 24" combination curb and gutter less than 100 lin. ft. �e� c�o�l�eve ✓t Q rPer lin. ft. p ($ price .in words Item 2. 24" combination curb and gutter 100 lin. ft.or more. as t , eel Per lin. ft. ($____1=� Cj ? price in word Item 3. 18" upright curb less than 100 lin. ft. Per lin. ft. ($ price in words d Item 4. 18" upright curb more than 100 lin. ft. � 1 ,,e , &, Per lin. ft. ($ + ��GO ) price in words Item 5. Driveway radium curb and excavation. dam,,,, .�f� '� Per lin. ft. t) ($ price in words '� Item 6. 4" sidewalk 'less than 250 sq. ft. " O _ I S ✓ do C ,v uti r�i% �ci.. i , e, Per sq., ft. ($ v D ) price in word *6a. With 1V insulation and 8" sand base in,placa. �',Perr ��' ,� eG� sq. ft. t� price in words Item 7. 4" sidewalk with over 250 sq. ft. ���, zr�ol 4 -.* d ^� Per sq. ft. price in words 7 ($ J„ J © ) *7a.. With 1'h" insulation and 8" sand base in place. �� . ✓ � , 2,OiZl —� Per sq. ft. price in words Item 8. 6" sidewalk, any amount. �e. JJ r Per sq. ft. price in words 0, 8a. 6" sidewalk reinforced with 6"x6" 10 ga. wire mesh in place. Per sq. ft. ($ J= a) price in words *8b. With 1V insulation and 6" sand base, in place. n :' >'e g ,Rer sq. ft. Item 9. Removal of old sidewalk per sq. ft. Per sq. ft. ($ o ) �Pript in words Item 100. Gravel fill as required. p �f �%�Qz�o4 Cep Per cu. yd. ($ b•ua ) a Item 11. -Upright curb more than 8 ft. radius. / 0 Per lin. ft. price in words Item 12. Laydown curb less than 100 lin, ft. 7 Per lin. ft. ($.rIQ ) price in words a Item 13. Laydown curb more than 100 lin. ft. � �l 7 �ci✓cs l�l , tee, Per lin. ft. ($ price in words ` tem 14. Curb and sidewalk combination. i �� X' C�o G� ���aT �°��-.,jtz�er sq. ft. {$ ) price in words Item 15. Excavation on new sidewalk. Per sq. ft. ($ o ) pi in words Item 16. /Excavation for new curb. Per lin. ft. ($ s %v price in words Item 17. Valley gutter, 21� ft. width. J Per lin. ft. ($ ,5 - 03 ) price in words 17a. Valley guttter, 2 ft. width. �J A l Per lin. ft. ($ rJ v 00 } price in words _2_ I further agree that I will construct Curb and/or Sidewalks for any individual within the City limits of Kalispell, Montana, in accordance with these specifications provided the individual ordering the work to be done will pay for the work in full when completed or make satisfactory arrangements for payment with the Contractor. YES NO. DATED AT KALISPELL, MONCANA, this day of l Name of Firm Title��✓'� Q Address - City .-�Q State %�T�• Montana Contractor's License Number„[-t% S&y Councilman Saverud moved to refer the bid for sidewalk and curb construction for 1980 to the Street $ Alley Committee with power to act. Seconded by Councilman Smith. Motion carried. ADDRESSING THE COUNCIL Bob Allen introduced Ron Cooper, study director for the Flathead River Basin Study. Mr. Cooper explained that the study was set up to fill in basic data in areas we know the least about. One area is to try to determine the effect on Flathead River water if coal mining is developed in Canada. Another phase of the study concerns what effect gas and oil development in the North Fork would have on the air and water. Mr. Cooper intro- duced Dr. Jack Stanford, Director of the Biological Station at Yellow Bay. Mr. Stanford stated that he is very pleased because of a $900,000 grant being used to build a new biological station. They have 13 full time people who do research year around. Re- search accelerates in the summer. Flathead Lake has the best water quality in the United States. Their main purpose is to measure pollution and keep the water quality up to standard. They also work with the lakes and streams in Glacier Park and the North Fork. They check the effect of waste materials that are dumped in lakes and streams to protect fish life. All their information is recorded and can be used in court if necessary. Dr. Stanford concluded by saying that he or any of his people are always happy to address any group. Mr. Doug Johns, realtor, presented a petition to the Council protesting two issues - 1) The establishment of a special improvement district for the purpose of assessing property located therein to finance the establishment of off-street parking facilities in and around the "central business district", and 2) protesting to the City of Kalispell, Ordinance # 933 entitled "Kalispell Downtown Redevelopment Plan". The petition was signed by nine property owners covering 3.28 downtown city blocks. Mayor Happ interjected at this point that the petition had been given to the news media before it was presented or discussed with the Council, that the news media quoting Mr. Johns, maligned four councilmen, accusing them of voting for their own economic interests, and she was going to open up the floor for debate on the petition. Councilman Grainger opened the discussion by discussing the zoning complaint. He ad- dressed Mr. Trippet, who was present and one of the petition signers, and stated that he resented the statement in the paper that he is lining his pockets, when in reality, a letter was sent to Mr. Trippet telling him that the present site of his proposed building construction is within a residential zone and he should apply to the BOA for a variance. When the new zoning is adopted, the building will be in a commercial zone. If he was in a hurry., to build and could not wait for the new zoning, he could apply for the variance and go ahead with construction. He concluded by saying "there were steps you could take and you chose not to,.,. Councilman Zauner addressed Mr. Trippet by stating that he, too, took exception to the remarks in the news media. On the morning of April 17th, the day the news media carried the story, he was contacted by Mr. Ivy, Mr. Trippet, Mr. Johns, and the County Assessor. What they were looking for in zoning, they were told how it was, and how it would probably be when it is rezoned. Mr. Zauner, too, referred to the letter of March 18, 1980, explaining the situation. Mr. Trippet stated that he has been in the business in the area for 40 years -- that he wants to expand 200' from his present building and has run into the zoning problem. Zoning is one problem and the proposed plan for paying for a parking lot three blocks away is another. He stated further that he bought a lot, removed the building and madehisown parking lot and he expects other businesses to do the same. "If I cannot exist, I will expand to the north shopping center". Councilman Smith called on Steve Petrini, zoning consultant, for an explanation of past and present zoning. Mr. Petrini explained that in the past, C3 zoning stopped at Fifth Street and Main. In reviewing for the new zoning, it was felt that the line should include Sixth Street be- cause of the funeral home, the realty office, Trippets and the Presbyterian Church. Sixth Street was proposed as the new line for the commercial zoning. Current zoning is residential. Mayor'Happ asked Mr. Trippet if he received the letter in question. The answer was eyes". Councilman Smith stated that she was told by Mr. Ed Gallagher, Community Development Director, of the proposed building, and the letter was written to Mr. Trippet from that office. Doug Johns, one of the signers, stated that he objected to Ordinance # 933 which gives the power of condemnation. Mr. Gallagher answered this objection by stating that this coincides with state law and that you have to prove necessity before such action is taken and would not be likely to happen in this area. Mr. Trippet did not answer Mayor Happ's question as to why he had not gone to the BOA for a variance. Councilman Granmo asked Mr. Trippet and Mr. Johns to remember that there are residence property owners who feel that we are going too far south with commercial zoning and they have a right to their input, also. But, he added, name calling does not help. Mr. Henry.Good,.member of the Kalispell Development Committee, told the petitioners that they obviously did not understand what the Committee is trying to do for the downtown area, and he would be happy to meet with them at any time to explain the plan. Councilman Saverud stated that the rezoning is still in discussion and the petition identifies some untruths. Four councilmen have been maligned because of a lack of communication. SAFETY COMMITTEE REPORT Councilman Grainger moved that Assistant Fire Chief Larson be allowed to attend the National Fire Academy in Emmitsberg, Maryland on May 12 through May 30. Seconded by Councilman Granmo. Motion carried. ORDINANCE # 952 Having heard the first reading, Councilman Grainger moved to enact Ordinance # 952- an ordinance to correlate careless and reckless driving (17-24) to conform with state law. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Councilman Grainger was excused to check on his daughter, who was injured in a truck - bicycle accident earlier in the evening. Councilman Daley asked if the Architectural Review Committee has jurisdiction over building official decisions on condemnations. Mr. Gallagher replied that the Committee is strictly advisory. Councilman Smith told Mr. Johns and Mr. Trippet that she appreciated their coming tonight, but she would like it much better if they would attend the public hearings on zoning and work as hard to help with zoning as they worked to put together their petition. Mr. Petrini is the consultant and if they would like to bring a draft, she will personally contact them as to the time and place. Mr. Paul Palmer, member of the Parking Commission, told Mr. Johns and Mr. Trippet that it is4lery difficult to sit back and Monday quarterback a situation. He added that he had not seen either of them at any of the Parking Commission meetings. He resented the attack when what they need is help. Councilman Zauner stated that he had no financial interest in any of the area other than his own business. Councilman Granmo stated that the proposed commercial zoning is too far south and it may take a compromise to protect other property owners interests. Councilman Zauner stated that since rezoning takes time, why not go ahead and ask the BOA for a variance. Mr. Jerry O'Neil stated that he would like to see all the rezoning finished before the Parking Commission takes definite steps to purchase land. There being no further comments, Mayor Happ asked if anyone else wished to address the Council. Mr. Bob Meerkatz, President of the Greenacres Water Association, addressed the Council with a proposition to turn the water lines over to the City so that the Association can be dissolved. Mr. Meerkatz gave a brief history and presentation of the problems. Ten years ago Greenacres had water problems. They collected $13,000 and put in an 8" water line from City water lines on Woodland Avenue and a 6" line from South Woodland to Willow Glen Drive. Members were to pay $1.00 a month so the line could be maintained. In the past ten years there have been 29 changes in ownership of property in the area. Some pay the $1.00 and some do not. The water line is owned by the City and there is approximately $5,500 in their fund. Mr. Meerkatz proposed that the City take over the lines and the money be given to the City and the Association dissolved. Mayor Happ referred the proposition to the Sewer $ Water Committee and City Attorney Donahue. COMMITTEE REPORTS SEWER $ WATER Councilman Granmo announced that the Sewer $ Water Committee will no longer consider fluoridating City water because of the straw vote, which shows the following results: For: 591; Against: 1947; Undecided: 6. 57% of the water users voted. The Committee discussed truck bids and is awaiting notification of delivery date on the low bid. When that is received, the decision will be made and all parties notified. ni CITY DEVELOPMENT RESOLUTION # 3282 Councilman Saverud moved to adopt Resolution # 3282 a resolution authorizing Mayor Happ to convey redevelopment property to Taylor, Thon, Thompson $ Peterson. Seconded by Councilman Zauner. Roll call vote. All voted aye. A senior citizen's housing project will be developed by Taylor, Thon, Thompson $ Peterson through the agency of Gateway Development Management. Councilman Saverud reported that he has met with Architect Schwartz on some details that are not completed on City Hall. He recommended that the City seek an extension of warranty with 4G Plumbing to cover summer months. STREET $ ALLEY Councilman O'Boyle had no report. AIRPORT Councilman Daley reported that even though the present lease with the airport does not expire before 1985, the Airport Association is requesting a new 20 year lease. They are requesting more land for reasons of safety and property they can lease to people for building hangars. GOLF COURSE Councilman Daley moved to approve the golf course lease. Amount is $1,500 - same as last year. Seconded by Councilman Saverud. Motion carried. EMPLOYMENT Councilman Zauner had no report. ANNEXATION ORDINANCE # 951 Having heard the second reading, Councilman Smith moved to enact Ordinance # 951 an ordinance to extend the City limits to include Circle K Addition. Seconded by Councilman Saverud. Roll call vote. All voted aye. FINANCE RESOLUTION # 3283 Councilman Ruiz moved to adopt Resolution # 3283 a resolution stating a.need- for -an emergency budget within the :_General _Fund -for unforeseen overtime expense in --the Police Department and setting:a publicchearing`thereon Seconded by Councilman O':Boyle...Roll call vote. All voted ayes RESOLUTION # 3284 Councilman Ruiz moved to adopt Resolution # 3284 a resolution levying and assessing a special assessment and tax on lots, pieces and parcels of land situated within the City of Kalispell, to defray costs of constructing sidewalks, curbs and gutters on public streets in front of said lots, pieces and parcels during the year 1979 and setting a public hearing thereon. Seconded by Councilman Daley. Roll call vote. All voted aye. RESOLUTION # 3285 Councilman Ruiz moved to adopt Resolution # 3285 a resolution levying and assessing a tax upon all property in Special Improvement District # 328 to defray the costs of making the special improvements authorized therein, and setting a public hearing thereon. Seconded by Councilman Smith. Roll call vote. All voted aye. MISCELLANEOUS All Council members and media are informed of the following meetings: Kalispell Development Corporation, 7:30 A.M. Tuesday, April 22. Parks Committee, 10:00 A.M. Tuesday, April 22. Sewer F, Water Committee, 1:00 P.M. Tuesday, April 22. Parking Commission, 3:30 P.M. Tuesday, April 22. Street $ Alley Committee, 9:00 A.M. Wednesday, April 23. Annexation Committee, 4:00 P.M. Wednesday, April 23 Gambling Hearing for the Hind Quarter, 2:00 P.M. Monday, April 28. District #1 League of Cities $ Towns, Dinner: 5:30 P.M.; Meeting: 7:00 P.M.Friday, May 2 Councilman O'Boyle reported a request for a stop sign at Hilltop and Sherry Lane. The Committee will look at the site. Mayor Happ reported the following letter from Sheriff Rierson: AL C. RIERSON SHERIFF -CORONER BOX 1076 - PHONE 755 3691 KALISPELL, MONTANA 59901 April 17, 1980 Mayor Norma Happ City Hail Kalispell, Montana Dear Norma: I would like to take this opportunity to express my appreciation for the fire cooperation between our department and yours, particu- larly with respect to your new Chief, Marty. The various officers in your department have all been extremely helpful also, particu- larly Officers Hossack, DuPuy and Dan Hellman. Without their expert assistance, the recent drug bust would not have been such a success. I look forward to continued cooperation and meeting the challenges Of law enforcement shoulder to shoulder with Marty, tits ideas, pro- gressive attitude and sincere effort are what makes my job easier and I'm sure you must feel the same. Someday in the near future, maybe Marty and you can join me at lunch. The lunch will be on me, Norma, and we can compare our many problems in local law enforcement. Sincerely yours $AC. ,ierso ACR:hr Mayor Happ reported on her meetings in Helena with Governor.Judge and Department ;o£:,CnmmAai-ity-AfftLirs. Cities and Counties will continue to get revenue sharing. The stiates'.probably. 'will not get revenue sharing so the surplus money of $38,DOO,000 will go -to schools,_ The general feeling among representatives of cities and counties was grim. The mill levy is not going to be what it was last year. Alternate means of revenue will be left to cities and counties - an extra 2¢ on gasoline or a sales tax could be the answer. The State has already provided some revenue from the 1¢ gasoline tax which was added last year. The first two million goes to the Highway Department and the second two million to the Highway Patrol, and over that goes to the cities. Legislators are working on a formula for recouping money from the State for services performed by cities and counties. i I RE Other ideas put forth were updating city ordinances every five years, adhering closely to the open meeting law, studying the labor laws, pooling liability insur- ance and educating the eastern and!western parts of the State to each others prob- lems. Mayor Happ concluded by saying that the entire picture for cities and counties is not happy and we are going to have some problems with getting sufficient revenue to keep our services at our present level. Because of a recent ruling by the U.S. Supreme Court, City Attorney Donahue stated that he has reversed his advice on issuing building permits in unzoned areas outside the City limits. Building Official Shoemaker has been advised that he should not issue a building permit for the proposed mall north of the City, because of the District Court restraining order, but otherwise it is the decision of the Building Official and Council whether or not to issue building permits outside the City in unzoned areas. In zoned areas we should follow the zoning restrictions as before. LICENSE $ PERMIT BONDS Garfield N. Servo Electrician Bond Councilman Saverud moved that license and permit bonds reviewed by City Attorney Donahue be approved. Seconded by Councilman O'Boyle. Motion carried. Councilman Zauner moved to adjourn. Seconded by Councilman O'Boyle. Carried. Minutes approved as presented May 5, 1980. �? x Norma E. Happ, Mayor ATTEST: MaV orie Giermann, City Clerk